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法規名稱(Title) Regulations Regarding Study and Counseling Assistance for Overseas Chinese Students in Taiwan Ch
公發布日(Date) 2014.12.17
法規沿革(Legislative) 1.Promulgated on May 24, 1958
2.Amendment promulgated on April 13, 1962
3.Amendment promulgated on May 19, 1964
4.Amendment promulgated on August 29, 1968
5.Amendment promulgated on August 2, 1973
6.Amendment promulgated on January 10, 1983
7.Amendment to Articles 2 ~ 5,10,11,14,15,17,26 ~ 28 and 32 promulgated on
December 2, 1988
8.Amendment to Articles 2 ~ 5,7,10 ~ 14,25,29,30 and 32 promulgated on May 1, 1991
9.Amendment to all Articles promulgated on April 19, 1999
10.Amendment to all Articles promulgated on December 28, 2001
11.Amendment to Article 1 and deletion of Article 29 promulgated on October 31, 2003
12.Amended on November 15, 2004
13.Amended on October 12, 2006
14.Amended on January 13, 2009
15.Amended on January 31, 2011
16.Amended on October 31, 2012
17.Amended on August 23, 2013 and effective on September 1, 2013
18. Amended on June 30, 2014
19. Amended on December 17, 2014
法規內文(Content)

Article 1

These Regulations have been formulated in accordance with the provisions of Paragraph 3 of Article 25 of the University Act, Paragraph 1 of Article 32 of the Junior College Act, Paragraph 1 of Article 41 of the Senior High School Education Act, and Paragraph 3 of Article 6 of the Primary and Junior High School Act.
 

Article 2

In these Regulations, the term "overseas Chinese student" refers to a student of Chinese descent who has come to Taiwan to study, who was born and lived overseas until the present time, or who has been living overseas for six or more consecutive years in the immediate past and obtained permanent or long-term residency status overseas. Note that for those applying to study in the departments of medicine, dentistry, or Chinese medicine at Taiwan universities, the minimum required number of consecutive years of overseas residency is eight years.
 
The Overseas Chinese Student status must be validated by the Overseas Compatriots Affairs Commission (OCAC).

For Overseas Chinese Students that have been studying at a Taiwan university for less than one year and have discontinued their studies in order to return to their countries of origin, must repeat the application process again and only one such reapplication is permitted.

During the course of study, the Overseas Chinese Student may not change his or her student status, unless otherwise permitted by other regulatory functions.


Article 3

The term "overseas” in Article 2 refers to locations or countries outside of Taiwan, mainland China, Macao, and Hong Kong.

The “consecutive years of residency” Article 2 is defined as Overseas Chinese Students staying in Taiwan for less than 120 days per calendar year. If the calculated calendar year is not one complete calendar year, their stay in Taiwan should not exceed 120 days within the calculated calendar year period. The only exceptions to this method of calculation are for those who fulfill one of the following requirements:
  1. The Overseas Chinese Student has attended overseas youth training courses held by OCAC or training courses accredited by the designated competent authority in education.
  2. The Overseas Chinese Student has attended an internship, Mandarin language course, or any program certified by OCAC for a total or combined length of two years.
  3. Exchange students that have studied under an exchange for fewer than 2 years.
  4. Internship in Taiwan approved by the designated competent authority and for less than two years in total.
  5. Having returned to Taiwan to serve in the army.
  6. The Overseas Chinese Student was unable to return to his or her country of origin due to wars, natural disasters, or disease epidemics, and has stayed in Taiwan for less than one year.
  7. The Overseas Chinese Student was unable to return to his or her country of origin for other reasons with documented proof, and has stayed in Taiwan for less than one year. This exception may only be used once.
 
For Overseas Chinese Students that meet requirements in Subparagraphs 6 & 7 of Article 3, they may not stay in Taiwan for more than one year and up to a maximum of two consecutive periods of stay.

The aforementioned citizenship and permanent residency documentation stated in Article 3 must include proof of citizenship from the applicant’s country of residence, proof of permanent residency, or a Taiwanese passport with a validated overseas status.
 

Article 4

The required length of time for overseas residency as stated in Clause 1 of Article 2 is calculated up to the designated date of the school application. However, applicants excluded from this regulation are those whose length of overseas residency meets the requirements as stated in Article 2 and Article 3 prior to August 31st of the year of the application.
 
Applicants must establish and sign a guarantee document stating that they promise to meet the requirements as stated in Clause 1 of Article 4. This document shall be reviewed and validated during the period between the end of the application process and August 31st of the same year. Any applicants found in violation or not meeting the necessary residency requirements will have their applications rescinded.
 
For applicants that are making their applications according to the guidelines stated in Clause 1 of Article 9, their length of overseas residency as described by Clause 1 of Article 2 shall be calculated from the date of their most recent departure from Taiwan. For applicants that are making their applications according to the guidelines stated in Clause 4 of Article 9, their length of overseas residency shall be calculated from the date of their most recent departure from Taiwan.
 

Article 5

Overseas Chinese students may apply to come to Taiwan to study at educational institutions in accordance with these Regulations. They may not, however, apply to study any recurrent or continuing education bachelor’s degree program or in-service master’s degree program at any cram school, college (institute) of continuing education, or in distance learning mode at any university, college, or junior college, or any other program which is only taught in the evening or during vacations.
 
Overseas Chinese students who have been assigned, in accordance with these Regulations, to an educational institution may not independently transfer to one of the educational institutions or programs specified in the proviso set out in the previous paragraph, whether at an equivalent or higher program level. Overseas Chinese students who have already obtained legal resident status in Taiwan for non-study related purposes are not subject to this restriction.
 
Overseas Chinese students who apply to undertake a degree program that is offered by collaborating domestic and foreign universities and has been approved on a case by case basis by the Ministry of Education, and the universities have specific administrative mechanisms to verify that the program is in this category, or who independently transfer to such a degree program at an equivalent or higher level, are not subject to the restrictions set out in the proviso in Paragraph 1, or in the previous paragraph.
 
Overseas Chinese students who independently transfer to another educational institution or program as outlined in the proviso in Paragraph 2, or who undertake a higher level program at one of the educational institutions or programs specified in the proviso set out in Paragraph 1, are subject to immediate cancellation of their student status.
 
Overseas Chinese students in breach of the provisions of Paragraph 2 shall be subject to cancellation of their enrollment at the educational institution or higher level program to which they have transferred and not be awarded any certification whatsoever regarding their related academic undertakings. If such a breach is discovered after graduation the educational institution shall revoke the former student’s eligibility to graduate and require any degree awarded to be returned or rescind it.
 
The educational institutions referred to in the proviso in Paragraph 1 shall clearly state in their student admission guidelines that Overseas Chinese students are not permitted to enroll.
 

Article 6

Applicants are required to prepare the following documents and apply through their local Taiwan embassies, Taiwan Representative Offices, Ministry of Foreign Affairs (hereinafter referred to as “overseas offices”), other OCAC authorized offices or universities authorized for Overseas Chinese Student recruitment:
  1. Entrance application forms.
  2. Academic credentials and transcript:
    1. Foreign school academic credentials: Proof of the highest level of education or the equivalent at approved overseas institutions which have been verified by the overseas offices, and their official transcripts. (For documents in other languages other than Mandarin Chinese or English, they must be translated in either Mandarin Chinese or English.) However, foreign school academic credentials or branches in Mainland China will require notarization by a public notary in China and verified by an agency established or appointed, or a private entity commissioned by the Executive Yuan.
    2. Mainland China Academic credentials: The Regulations Governing Verification of Mainland China shall apply Academic Credentials.
    3. Hong Kong SAR or Macao’s Academic credentials: The Regulations Governing Review and Verification of Hong Kong SAR or Macao shall apply Academic Credential.
    4. Overseas Taiwan schools and Taiwan schools in Mainland China’s academic credentials will have the same credential status as same-level schools in Taiwan.
  3. Citizenship or permanent residency papers.
  4. Statement of purpose, except for application to universities authorized for Overseas Chinese student recruitment.  
  5. Other documents, which are required by the university or institution that is being applied to.
     
Submitting academic credentials and a transcript, as mentioned in above Subparagraph 2 shall not be required for the application of the first semester, or first-grade of an elementary school.
Applicants that are applying to study at elementary schools, middle schools, high schools, or vocational institutes must also submit a document of agreement notarized by a notary in Taiwan indicating guardianship status, which has been along with the documents listed in each Subparagraph of Paragraph 1. The document of agreement mentioned above is not required for applicants that have reached their age of majority or an acquired exemption from OCAC.
 
The Taiwan guardian stated in the previous Paragraph must possess a valid Republic of China passport, have a clean criminal record, and a recent income tax receipt of a minimum of $500,000 New Taiwanese Dollars. Each guardian is limited to oversee the guardianship of one Overseas Chinese Student only.

Students that are found applying with forged documents or documents with fake information will have their application rescinded immediately. If a student has already been accepted and enrolled, their status will be cancelled, and no certification of any kind will be given. If forgeries are discovered after the student has already graduated, then the graduation certificate and degree diplomas will be returned and withdrawn by the attending university.


Article 6-1

Universities and colleges are responsible for overseas Chinese student admissions to their institution to study at each program year level and shall draw up their own admission regulations, submit these to the central competent education administrative authority for approval, and then formulate a set of admission guidelines for overseas Chinese students that outline details of the programs that may admit them, the maximum length of time in which each program must be completed, the admission quotas, application eligibility requirements, reviewing and screening methods, and any other related regulations.
Universities and colleges which establish programs specially for overseas Chinese students as part of an international academic cooperation program or to meet some other special need shall apply to the central competent education administrative authority for such programs’ appraisal and ratification, in accordance with the regulations governing the scale of the overall development and resources of universities and colleges.
 

Article 7

According to Paragraph 1 of Article 6, overseas offices are responsible for handling and verifying the Overseas Chinese Students’ applications and should transfer all evaluation results to the Oversea Compatriots Affairs Commission for final assessment.


According to Paragraph 1 of Article 6, offices authorized by OCAC must submit the documents to overseas offices and then transfer them to OCAC for review after confirming the documents’ validity.

Once OCAC has reviewed and assessed all the application forms and any additional comments, it should send these documents to the following administrative offices for validation and assignment:
 
  1. For those applying to public elementary schools, the documents should be sent to local designated education authorities.
  2. For those applying to public middle schools, senior high schools or junior colleges, the documents should be sent to the Ministry of Education. However, the applications for public regular senior high schools shall be limited to the National Overseas Chinese Experimental Senior High School (NOCSH) only.
  3. For those applying to universities (including graduate schools) or Preparatory Programs for Overseas Chinese Students at the National Taiwan Normal University (hereafter, NTNU Pre-Study Program), these documents should be sent to the University Entrance Committee For Overseas Chinese Students, except for those mentioned in Paragraph 5.
 
The aforementioned University Entrance Committee For Overseas Chinese Students in Subparagraph 3 of previous paragraph refers to the committee formed as a union for handling applications at various Taiwan universities from Overseas Chinese Students.
 
According to Paragraph 1 of Article 6, universities should verify the documents’ validity after receiving applications from the Overseas Chinese Students and transfer them to OCAC for a review of Overseas Chinese Student status. Those applicants found valid for Overseas Chinese Student status and qualified through the school’s review or screening process will be granted admission by the school.  


In the event of any doubt raised by the offices authorized by OCAC during the evaluation of applications from Overseas Chinese Students, universities mentioned in previous Paragraph may apply to OCAC for assistance.
 

Article 8

Upon receiving their application forms, the Ministry of Education or University Entrance Committee For Overseas Chinese Students should assign students to appropriate schools according to their study goals, results and the vacancies at these schools. Notification will be sent to the assigned schools and OCAC. The applicants will be notified of the results by OCAC. However, the admission for universities (including graduate programs) handled by the University Entrance Committee For Overseas Chinese Students should be approved by the applicant schools and qualified through the schools’ review before providing the assignment to the University Entrance Committee For Overseas Chinese Students.   

An interview will be scheduled for those areas where the number of applicants exceeds the number of vacancies. Applicants will be selected according to their interview performance.

A technical examination will also be conducted by the schools for applicants who enroll in such departments as music, arts, physical education or other related art subjects. The Ministry of Education or the University Entrance Committee For Overseas Chinese Students will make individual selections regarding the school or the department for applicants who fail to pass their technical examinations.


Article 9

For those students in Taiwan that are in possession of a legitimate residence visa or visitor’s visa for more than 60 days shall comply with the regulations in Articles 2 and 3 and who have independently returned to Taiwan for enrollment into elementary schools, middle schools, senior high schools or junior colleges, they may apply within 90 days after returning to Taiwan with the relevant documents, as stated in Item 1 of Article 6 to the OCAC, who will then forward their applications to the various educational authorities for validation and school assignments in view of their current situations. Proof of the highest level of education at overseas institutions should be authenticated by overseas offices. However, the applications for public regular senior high schools shall be limited to the NOCSH.
 
Offices authorized for validation and assignment as mentioned in the previous Paragraph are outlined by Subparagraph 1 & 2 of Paragraph 3 of Article 7.
 
According to Paragraph 1 of Article 9, applications made one-third of the way through a semester may be assigned to an appropriate grade level with a ‘conditional’ acceptance status given by the school being applied to. This ‘conditional’ acceptance status is valid for up to one year, and advancement to a full-time student status should be acquired by taking a certified examination. However, students who apply for the professional and internship program, as their primary studies for senior high school or for junior college shall be assigned to begin their studies in the next school year.
 
Students that were enrolled in schools in Taiwan without going through the application process according to Paragraph 1 of Article 9 must apply to OCAC within 90 days after entering Taiwan for an appropriate school assignment, and to be assigned to the grade into which they were enrolled upon their returned to Taiwan.
 
Overseas Chinese students may apply for an assignment to a senior high school or a 5-year junior college during their graduation year. However, applications for public regular senior high schools shall be limited to the NOCSH.

Preferential treatment for the school advancement examination stipulated in Paragraph 1 of Article 10 does not apply to the assignment of applications mentioned in the previous Paragraph. However, preferential treatment for the school advancement examination stipulated in Paragraph 1 of Article 10 shall apply to applicants already assigned to the fifth grade of an elementary school by the central competent authority governing education administration prior to the promulgation of the amendment of these Regulations as of October 1, 2006.
 
Applicants that apply for assignment to private schools pursuant to Paragraph 1 and Paragraph 5 should obtain a letter of consent from those schools.
 

Article 10

The preferential treatment applicable to Overseas Chinese students who return to our country and enroll at middle schools in accordance with Article 6 or the previous Article, and who would like to enrolled in the next scheduled study program as new students shall be stipulated as follows and the recruitment quota for those said students shall be in addition to the recruitment quota already approved for respective schools, departments or sections by the competent authority governing education administration at any level:
  1. For senior high schools and 5-year junior colleges:
    1. Students applying for enrollment without taking an examination shall have 25 % added to their total accumulated scores which will be ranked according to the over-quota comparison and ranking procedure.
    2. Students applying for enrollment through the feature recruitments procedure shall have 25 % added to their scores.
  2. 4-year or 2-year technology institutes or 2-year vocational junior colleges:
  3. Students applying for enrollment through assignment by registration shall have 25 % added to their scores. Those whose scores do not qualify for the minimum enrollment requirement at departments of 4-year technology institutes may enroll in the Overseas Chinese Students Pre-Study Program at the Taiwan Normal University and the standard admission shall be stipulated by the Overseas Chinese Students Pre-Study Program at the Taiwan Normal University.
  4. Each school shall apply their own discretion regarding preferential treatment for students applying for enrollment through avenues other than assignment by registration.
  5. Students applying for enrollment through examination shall have required examination subject scores increased by 25 %. Those having scores that do not qualify for the minimum requirement for enrollment at a respective department may enroll in the Overseas Chinese Students Pre-Study Program at the Taiwan Normal University and the admission standards shall be stipulated by the Overseas Chinese Students Pre-Study Program at the Taiwan Normal University.
  6. Each school shall apply their own discretion regarding preferential treatment for students applying for enrollment through avenues other than assignment by registration.
  7. Universities:
 
The total score mentioned in Item 1, Subparagraph 1 of the previous Paragraph shall be increased using preferential treatment before being ranked according to the over-quota comparison and ranking procedure; increased scores due to preferential treatment and being in accordance with Item 2 of Subparagraph 1, Subparagraph 2 or Subparagraph 3 should satisfy the enrollment requirements.
 
The over-quota comparison and ranking procedure stipulated in Paragraph 1 shall be 2 % in addition to the originally approved recruitment quota; any fraction under a decimal point shall be unconditionally rounded up to the next integer. However, if subject rank or a same-score comparison measure is available or if the total score or the accumulated score are equal after applying preferential score increase treatment and the ranking results and same-score comparisons are the same then additional enrollment shall be granted without having to apply the 2% limitation measure.
 
Preferential treatment for study advancement provided by Paragraph 1 for Overseas Chinese Students in their graduating year shall be limited to only one-time and is applicable only for the graduation year. Such treatment is not offered for the next study program’s examination.
 

Article 11

In accordance with the provisions of Article 6, Article 9, the previous article, and Article 14, the actual number of places available for overseas Chinese students to be admitted to an educational institution of any level shall be limited to an additional ten percent above the institution’s admission quota approved for that academic year. This restriction is not applicable to educational institutions which have been approved on a case by case basis by the central competent education administrative authority that primarily admit overseas Chinese students, or degree programs that are offered by collaborating domestic and foreign universities and have been approved on a case by case basis by the central competent education administrative authority.
 
Universities and colleges may admit overseas Chinese students to take up places at their institution available to local students within the approved admission quota for that academic year which remain vacant.
 

Article 12

Students may apply to authorized offices to change their school only once and before the semester begins. Applicants for universities are restricted to change their schedule to the NTNU Pre-Study Program and those who are assigned to 5-year junior colleges or senior high schools will be limited to an assignment to the NOCSH.

No privileges will be given to Overseas Chinese Students when taking a school transfer examination. If students find that the initial course is different from their original expectations or too difficult to adapt to, he/she should seek the school’s help for a course transfer.


Article 13

Overseas Chinese Students that meet the requirements for the Preparatory program at NTNU Pre-Study Program must be aware that NTNU is responsible for reviewing and submitting student transcripts, applications, and relevant documents to the University Entrance Committee For Overseas Chinese Students.
 

Article 14

Overseas Chinese Students that graduated and received a degree higher than a Bachelor degree from a Taiwan University or college shall submit all applications forms, yearly transcripts, and other relevant documents to the University Entrance Committee For Overseas Chinese Students should they wish to apply for a Graduate program higher than a Master’s degree program. However, the University Entrance Committee For Overseas Chinese Students should transfer the applications to the applicants’ ideal schools for approval before the final validation and school assignment.
 
Students that have been assigned pursuant to the previous paragraph and have registered for admission may not file another application for the equivalent program by exercising the rules stipulated in the previous Paragraph.
 
Students that apply via entrance exams should follow the guidelines established for local students in Taiwan.


Article 15

Once a student has been accepted for enrollment, he or she must register at the school before the school year begins. The OCAC will arrange for necessary reception and student accommodations.


Article 16

Overseas Chinese Students will be responsible for all expenses during their period of study; their tuition payments shall be governed by the tuition regulations for Oversea Chinese Students as stipulated by their respective schools.
  1. Tuition and fee standards stipulated by the respective elementary or middle schools and which are applicable for domestic students shall apply to Overseas Chinese Students attending such schools.
  2. Tuition and fee standards stipulated by the respective senior high schools and which are applicable for domestic students shall apply to Overseas Chinese Students attending such schools. However, this Paragraph does not apply to students whose tuition and fees are waived in accordance with Article 56 of the Senior High School Education Act.
  3. Students undertaking the first three years of a program at a 5-year junior college: The tuition and fee standards set by each college which are applicable for their domestic students shall apply to overseas Chinese students in this category attending that college. This does not, however, apply to students whose tuition fee has been waived in accordance with the provisions of Article 44 of the Junior College Law.
  4. Tuition and fee standards stipulated by the respective 5-year junior colleges for the first two years of study, 2-year junior colleges or universities and which are applicable for domestic students shall apply to Overseas Chinese Students attending such colleges or universities.
 
For housing, the primary housing will be school dormitories. If the school does not have dormitories, or if there are no more vacancies, the housing issues must be resolved by the school and the Taiwan guardian of the student.


Article 17

Schools should provide the Overseas Chinese Students’ study plan and budget fund allotment table to the educational authorities before January 31st.

Schools should provide reports of Overseas Chinese Students’ study achievement and the relative budget used, to the educational authorities by December 31st of each year.


Article 18

The schools should periodically host seminars, guidance sessions, course transfer, academic aid, and summer/winter assignment assistance services, as well as group training and outdoor activities for the Overseas Chinese Students.

For students that are not proficient in Mandarin Chinese or some other basic courses, then they should be taught separately by the respective school in a new class division.
 
An Overseas Chinese Student having already enrolled in an university or college and who is having learning difficulty may apply for a suspension of schooling before the registration of the second semester of the same school year begins and then transfer to the Overseas Chinese Student Preliminary Study Division of the National Taiwan Normal University for study guidance, if the said student has received counseling from the respective school and agrees to this arrangement. Tuition payable for the said guidance shall be governed by the tuition rules stipulated by the Overseas Chinese Student Preliminary Study Division of the National Taiwan Normal University. After completing the said guidance, the student shall return to the original school and resume study, but the courses taken during the guidance may not be counted toward or waived against the credits required for graduation.


Article 19

Financial aid, bursaries, and scholarships for Overseas Chinese Students will be granted by the Ministry of Education.

Healthcare, part-time work subsidy and awards of excellence will also be granted by OCAC.


Article 20

The Ministry of Education and OCAC will plan and organize assistance, studying aid, and social services for Overseas Chinese Students.
 
The Ministry of Education may visit Overseas Chinese Students at their universities, if necessary.


Article 21

Prior to returning to their countries, recent graduates will be hosted by the OCAC to attend a seminar that will provide them with employment information in their local areas.

OCAC and universities where the students attended should keep in close contact with their graduated students.


Article 22

Schools with Overseas Chinese Students must submit, before November 30th of each year, separate lists of Overseas Chinese Students that have registered and those who have failed to register. The university must report any students that have either graduated, been suspended or transferred out, or who have lost their student status, and notify embassy offices, the National Immigration Agency, OCAC, and the Ministry of Education.

Students with Taiwan citizenship must notify the local government. Students of military age will be processed according to regulations.


Article 22-1

Schools or designated authorities shall immediately handle the cases in accordance with the regulations, if Overseas Chinese Students violate the Employment Services Act when proven by an investigation.
 
Various educational authoritative systems may adjust schools’ enrollment quotas for Overseas Chinese Students, as conditions require, if not pursuant to Article 22-1.
 

Article 23

Overseas Chinese Students that have graduated, have been expelled, or have been suspended from their studies for the maximum allowable duration will lose their status as an Overseas Chinese Student. However, Overseas Chinese Students that are granted an internship after graduation in Taiwan by the Ministry of Education through their schools may afterwards extend their Overseas Chinese Student status for no more than one year after graduation.


Students whose status has been temporarily suspended will resume their status upon returning to school.


Article 24  (Deleted)

 

Article 24-1

Article 7, Articles 9-12 and Article 16 of these Regulations were amended and promulgated on August 23, 2013 and shall be applicable to students enrolling after the 2014 school year.
 

Article 25

These regulations are effective immediately.
These Regulations were amended and promulgated on August 23, 2013 and have been implemented since September 1, 2013.