法規名稱(Title) Regulations Governing the Establishment, Alterations, and Cessation of Operations of Junior Colleges and Institutions of Higher Education and of Their Branch Campuses and Divisions including Skills-based Senior High School Divisions
公發布日(Date) 2015.03.17
法規沿革:(Legislative) Ministry of Education Order (85) Tai-Can-Zi No. 85088802 issued 
October 30, 1996: complete text of 12 articles, effective from 
the date of issue.
Ministry of Education Order (88) Tai-Can-Zi No. 88075896 issued 
June 29, 1999: Amendment to Article 3.
Ministry of Education Order (88) Tai-Can-Zi No. 88079450 issued 
July 12, 1999: Amendments to Articles 3, 4, 6, 9, and 10.
Ministry of Education Order Tai-Can-Zi No. 0960019531C issued 
February 13, 2007: Revised name and amendments to the complete 
text of 27 articles, effective from the date of issue (former 
name: Standards for the Establishment of Universities and Their 
Branch Campuses).
Ministry of Education Order (88) Tai-Can-Zi No. 0970030013C 
issued March 12, 2008: Amendments to the complete text of 32 
articles, effective from the date of issue.  
Ministry of Education Order Tai-Can-Zi No. 0970257824C issued 
January 7, 2009: Revised name and amendments to the complete 
text of 48 articles, effective from the date of issue (former 
name: Regulations Governing the Establishment, Update, and 
Suspension of Universities and Their Branch Campuses, Divisions, 
Junior College Divisions).
Ministry of Education Order (88) Tai-Can-Zi No. 0990059404C 
issued April 16, 2010: Amendment to Article 25.
Ministry of Education Order Tai-Can-Zi No. 1010108641C issued 
June 22, 2012: Amendments to Articles 9, 10, and 29.
Order Tai-Jiao-Gao (San) Zi No. 1040025645B issued March 17, 
2015: Amendments to all articles
法規內文(Content)

Chapter 1 General Principles

Article 1
These Regulations have been formulated in accordance with the
provisions of Article 4, Paragraph 5 of the University Act; Article 4,
Paragraph 4, Article 5, Article 6, Paragraphs 1 and 2, Article 7,
Paragraph 5, Article 8 and Article 9, Paragraph 1 of the Junior
College Act; and Article 6, Paragraph 2, and Article 34, Paragraph 3
of the Private School Law.

Article 2
The terms used in these Regulations are defined as follows:
1. Branch campus: refers to a campus of a junior college or
        institution of higher education established in another
        municipality, county or (city) away from the site of the
        main campus or overseas, and which is an independent
        educational institution with complete teaching and
        administrative units.
2. Division: refers to a teaching, recruiting, or academia-industry
        cooperation unit set up by a junior college or an institution of
        higher education in addition to its main campus. 
3. Alterations: refers to renaming, change of institutional status,
        and/or amalgamations of junior colleges and institutions of
        higher education.

(1) "renaming" refers to one of the following changes:

1. An independent college being renamed an ordinary university, or an
   ordinary university being renamed an independent college.

2. An institute of technology is renamed a university of science and
   technology, or a university of science and technology being renamed
   an institute of technology.

3. An institute of technology being renamed an ordinary university or
   vice versa; an independent college being renamed a university of
   science and technology or vice versa; an institute of technology
   being renamed an independent college or vice versa; or an ordinary
   university being renamed a university of science and technology or
   vice versa.

4. A junior college or institution of higher education that is renamed.

 (2) A "change of institutional status" refers to one of the following
     circumstances:

1. A junior college becomes an institute of technology (with an
   affiliated junior college division).

2. A junior college becomes an institute of technology, or an institute
   of technology that was renamed a university of science and technology
   becomes a junior college.

3. A skills-based senior high school becomes a junior college, or a
   junior college becomes a skills-based senior high school.

 (3) An "amalgamation" refers to the following situations:

1. An amalgamation of a junior college or institution of higher
   education and any branch campus, division, junior college division,
   or skills-based senior high school division it has and another
   junior college or institution of higher education together with
   any branch campus(es), division(s), junior college division(s), and
   skills-based senior high school division(s) it has.

2. An amalgamation of the incorporated legal entity which operates an
   educational institution (hereunder referred to as a “school
   endowment corporation”) and a private junior college or institution
   of higher education another school endowment corporation..


The regulation set out in Subparagraph 3, Item 1 of the previous
paragraph regarding renaming is not applicable to a religious college
which was established in accordance with Article 8 of the Private
School Law. The amalgamations referred to in Paragraph 1, Subparagraph
3, Item 3 are divided into the following 3 categories:

1. A statutory amalgamation: only one educational institution continues
   to legally exist after the amalgamation; any other junior college(s)
   or institution(s) of higher education involved in the amalgamation
   becomes part of the surviving educational institution, or a branch
   campus, division, or junior college division.

2. An amalgamation creating a new entity (a so-called “consolidation”)
   : each of the former junior college(s) or institution(s) of higher
   education involved ceases to legally exist after the amalgamation; a
   different educational institution is thereby established and takes a
   new name.

3. A junior college or institution of higher education changes its
   affiliation: A school endowment corporation takes over a private
   junior college or institution of higher education that was
   established by another school endowment corporation. 

Article 3
The Ministry of Education (abbreviated hereunder to “MOE”) may set up
a Junior Colleges and Institutions of Higher Education Establishment,
Alterations, and Cessation of Operations Review Committee (herein
referred to as the "Review Committee") to consider matters pertaining
to the establishment, alterations to, or cessation of operations of
junior colleges and institutions of higher education and their branch
campuses, divisions, junior college divisions, and skills-based senior
high school divisions.

The Review Committee referred to in the previous paragraph shall have
between 9 and 15 members, one of whom, the Minister of Education, shall
serve as the convener. The other members shall be appointed by the
convener from among scholars, experts, and representatives of relevant
organizations to serve in addition to their normal posts.

The Review Committee shall consult with the Private School Consultative
ommittee before reviewing the establishment, alterations to, or cessation
of operations of a private junior college or institution of higher education
and/or its branch campus(es),division(s), and junior college division(s).


Chapter 2 Establishment

Section 1 Establishment of Junior College and Institutions of Higher
          Education
Article 4 
The procedures for establishing a junior college or an institution of
higher education are as follows:

1. National junior colleges and institutions of higher education:
   established in accordance with an establishment plan submitted
   pursuant to an examination of the nationwide distribution of junior
   colleges and institutions of higher education by the MOE.

2. Municipal junior colleges and institutions of higher education: the
   municipal government shall submit an establishment plan to the MOE
   for approval.

3. County (city) universities: the county (city) government shall submit
   an establishment plan to the MOE for approval.

4. Private junior colleges and institutions of higher education: an
   establishment plan shall be submitted to the MOE for approval, in
   accordance with the Private School Law and relevant regulations.

The establishment plan referred to in the previous paragraph shall be
in compliance with the provisions of the pertinent ordinances governing
environmental impact assessment, soil and water conservation, and land
use zoning control.

Article 5
The establishment plan referred to in the previous article shall give
explicit details of the following:

1. The origin of the establishment plan or the educational goal of
   establishing the proposed junior college or institution of higher
   education.

2. The name of the proposed junior college or institution of higher
   education.

3. The overall development strategy and its features.

4. The location, site area, buildings, equipment and facilities of the
   junior college or institution of higher education, and related
   information.

5. The planned teaching units and administrative units.

6. The institutes, colleges, departments, graduate institutes, courses,
   subjects, sections, classes, levels, and subordinate bodies it is
   proposed to establish.

7. Proposed teaching staff employment plan.

8. The planned books, apparatus and instruments, and other teaching
   equipment and facilities.

9. An inventory of all land, location map(s), and details of the
   environment of the junior college or institution of higher education.

10.Budgetary estimate of the junior college or institution of higher
   education.

As well as the items stipulated in the previous paragraph, those
applying to establish a private junior college or institution of higher
education shall also include the following items in their establishment
plan:

1. A donation of land or leasing of land shall be handled in accordance
   with the provisions of Article 36 of the Private School Law and
   related documentary evidence be attached.

2. Financial plan, and funding sources, and supporting documentary
   evidence.

3. Budgetary estimate of the funds required for the establishment fund,
   setting up expenses, and regular operations of the junior college or
   institution of higher education, and supporting documentary evidence.

4. Information regarding the school endowment corporation.

Article 6 
Criteria for establishing a university are as follows:

1. The university site:

 (1) The university site shall have an area of at least five hectares
     available for development and use. But if the total number of forma
     lly enrolled students is three thousand or less, the following
     provisions apply:

A. 2401~ 3000 students: it shall have an area of at least four hectares.
B. 1801~ 2400 students: it shall have an area of at least three
   hectares.
C. 1800 students or less: it shall an area of at least two hectares.

 (2) A college of agriculture shall have at least five additional
     hectares of land to use for practical agricultural training.

2. University buildings:

 (1) University buildings shall have sufficient teaching, research, and
     service areas, buildings required for the administration, student
     activities, and lodging, and sports facilities.

 (2) When the setting up of a newly established university is approved,
     its buildings shall have a total completed floor area of at least
     12,000 square meters and shall have a total completed floor area
     of at least 20,000 square meters prior to the start of the second
     academic year following approval of its registration. All
     buildings shall have obtained a use permit before their floor
     area is permitted to be included in calculations. 

 (3) The total university building floor area shall be calculated using
     the method specified in of in the provisions of the Standards for
     Student Admission Quotas and Resources at Institutions of Higher
     Education.

3. Equipment and facilities:


(1) The university shall have sufficient teaching, auxiliary, and
    experimental (training) equipment and facilities to address the
    practical requirements of each college, institute, department,
    graduate institute, subject, and course.

 (2) The university shall have a library and it shall have sufficient
     basic books, information, specialized journals, and relevant
     equipment and facilities.

 (3) A college of medicine shall have its own teaching hospital or an
     arrangement permitting it to jointly use a teaching hospital.  

4. Teaching staff:


Across the entire university, the student-teacher ratio, day
student-teacher ratio, and higher degree student-teacher ratio, and the
different ranks, qualifications, and method of calculating the number
of full-time teaching staff at the level of assistant professor and
above shall be in accordance with the provisions of the Standards for
Student Admission Quotas and Resources at Institutions of Higher
Education.

5. Funds for establishing a private university and its establishment
   fund: When an application is made to register a private university,
   the funds to establish it and its establishment fund shall be in
   compliance with the following provisions:

 (1) The university shall have an adequate establishment fund
     (including funding required for purchase or lease of land,
     building, and equipment and facilities), and funds required for
     annual recurrent expenses to maintain its basic operations and it
     shall provide explicit evidence of the sources of funds for its
     establishment.

 (2) An adequate establishment fund based on the type of institution
     shall be raised and be deposited in a dedicated bank account:
     NTD$1.4 billion for a university; NTD$1.0 billion for an
     independent medical college; NTD$600 million for an independent
     engineering college; NT$400 million for an independent college in
     another category; and NT$400 million for an institute of technology.

Article 7 
Criteria for establishing a junior college are as follows:

1. Junior college site:

(1) The site shall have an area of at least four hectares available
        for development and use.

But if the total number of formally enrolled students is three thousand
or less, the following provisions apply:

1. For 1,801 to 3,000 students: the area shall be at least three
   hectares.
2. For 1,800 students or less: the area shall be at least two hectares.

 (2) A junior college of agriculture shall additionally have at least
     five hectares of land to use for practical agricultural training.

2. Junior college buildings:

 (1) Buildings shall have sufficient teaching, practicum, and
     special-use classrooms and areas, buildings required for the
     junior college’s administration and student activities, and
     sports facilities.

 (2) When the setting up of a newly established junior college is
     approved, its buildings shall have a total completed floor area
     of at least 6,000 square meters and shall have a total completed
     floor area of at least 10,000 square meters prior to the start of
     the second academic year following approval of its registration.
     All buildings shall have obtained a use permit before their floor
     area is permitted to be included in calculations. 

 (3) The total building floor area shall be calculated in accordance
     with the method set out in the provisions of the Standards for
     Student Admission Quotas and Resources at Institutions of Higher
     Education.

3. Equipment and facilities:

 (1) Each junior college shall have sufficient teaching, auxiliary, and
     experimental (training) equipment and facilities addressing the
     practical requirements of its own special characteristics and all
     the various different courses it offers.

 (2) A junior college shall have a library, and it shall have
     sufficient basic books, information, specialized journals, and
     relevant equipment and facilities.

4. Teaching staff:

Across the entire junior college, the student-teacher ratio, day
student-teacher ratio, and graduate student-teacher ratio, and the
different ranks, qualifications, and method of calculating the number
of full-time teaching staff at the level of assistant professor and
above shall be in accordance with the provisions of the Standards for
Student Admission Quotas and Resources at Institutions of Higher
Education

5. Funds for establishing a private junior college and its
   establishment fund: When an application is made to register a
   private junior college is made, the funds to establish it and its
   establishment fund shall be in compliance with the following
   provisions:

 (1) A junior college shall have an adequate establishment fund
     (including funding required for purchase or lease of land,
     building, and equipment and facilities) and funds required for
     annual recurrent expenses to maintain its basic operations, and it
     shall provide explicit evidence of the sources of funds for its
     establishment.

 (2) A junior college shall raise an adequate establishment fund of
     NTD$200 million and deposit this in a dedicated bank account.

Section 2 Establishment of branch campuses and divisions of
                junior colleges and institutions of higher education

Article 8
A university applying to establish a branch campus or division shall
take into due consideration its resources and regional needs and shall
submit a branch establishment plan or division establishment plan
respectively. A public university shall submit its establishment plan
to the MOE for ratification after it has been approved by the
university council; a private university shall submit its establishment
plan to the MOE for ratification after it has been approved by its
university affairs committee and by its board of directors.

The establishment plan to establish a university branch campus or
division referred to in the previous paragraph shall give explicit
details of the following:

1. The origin of the establishment plan

2. The overall development strategy and its features; and for a division
   , the nature of its establishment.

3. The planned teaching units and administrative units.

4. Current teaching staff situation and planned future teaching staff
   appointments.

5. The planned books, apparatus and instruments, and other teaching
   equipment and facilities.

6. An inventory of all land, location map(s), and a description of the
   environment.

7. Documentary evidence of land ownership or consent for its use.

8. Financial plan, and funding sources, and supporting documentary
   evidence.

9. Building layout of the branch campus or division.

10. Plan regarding the relationship with the parent university

A university that is setting up a branch campus overseas shall lodge an
application to do so with the overseas government after the
establishment plan referred to in the previous paragraph has been
approved by the MOE. The university shall then apply to the MOE to be
registered after obtaining permission in writing from the government
of the country or district where the branch campus is being set up.
An academia-industry cooperation division set up by a university is not
permitted to set up any college, institute, department, subject, or
degree program structure, or any teaching or recruitment units
subordinate to any academic program. But in-service professional
programs which have been set up to cater to regional demand are not
subject to this restriction. 

Article 9
The establishment of a branch campus by a university shall be in
compliance with the following provisions:

1. Application criteria:

 (1) The establishment of the branch campus will facilitate the
     university's future development, and meet national social and
     regional needs; establishing a branch campus is not permitted to
     adversely affect the existing rights and interests of the current
     teachers and students.

 (2) A university applying to establish an overseas branch campus shall
     have been evaluated by the MOE as running its operations well,
     with an outstanding performance, and have had no shortfalls in its
     final accounts in the most recent three years.

 (3) The site of the parent institution or the site of any of its MOE
     approved division(s) or branch campus(es) that was required to be
     developed has already been completely developed.

1. Branch campus establishment criteria:

 (1) Any branch campus established in the Republic of China (hereunder
     abbreviated to “the ROC”) shall be in compliance with the
     provisions of Article 4, Paragraph 2, and Article 6.

(2) Any branch campus that is established overseas shall be in
    compliance with principles of equality and the related ordinances
    of the country or district where it is located, and evidence that
    it is complying with the related ordinances of the country or
    district where it is located shall be provided.

3. Branch campus establishment fund:

 (1) The branch campus establishment fund shall be provided from the
     university’s self-generated income and accumulated surplus. The
     total amount invested into a division establishment fund by a
     private university or tertiary college is not permitted to exceed
     half of the surplus earnings that it has accumulated over the
     years, and it is not permitted to affect the operations of the
     parent university or college.     

(2) A university is not permitted to extend its credit limit or borrow
    money from a domestic bank in the name of raising funds to
    establish a branch campus overseas, and it is also not permitted to
    use any of the university’s property or assets in the ROC as
    collateral to extend its credit limit or borrow money from an
    overseas bank.

 (3) A university’s donation income derived within the ROC is not
     permitted to be used to establish a branch campus overseas. This
     restriction does not apply, however, if at the time of the
     donation the donor specifically indicated that the donation was
     for the university to use for setting up a branch campus overseas.

4. Organization of branch campuses:

 (1) The establishment of the teaching units shall be undertaken
     applying, mutatis mutandis, the relevant provisions of the
     ordinances governing the establishment of the parent institution;
     the establishment of administrative units shall be undertaken in
     accordance with the provisions governing the establishment of the
     parent institution’s second tier administrative units. Any unit
     established overseas shall operate in accordance with the related
     ordinances in the country or district where it is located. 

 (2) The organizational structure of any branch campus shall be
     explicitly set out in the parent institution’s organizational
     charter and regulations or shall be separately formulated as
     authorized there, and be submitted to the MOE for ratification.

5. Employment of branch campus personnel:

 (1) Branch campus president: one person shall be appointed to oversee
     the affairs of the branch campus. For a branch campus set up in the
     ROC, the president of the parent institution shall assign the vice
     president of the parent institution to take a concurrent post in
     accordance with the provisions of the University Act and related
     ordinances; for any branch campus set up overseas, the president of
     the parent institution shall assign a teaching staff member from
     the ROC to fill the post, and the term of the appointment and
     eligibility qualifications shall be determined by each university
     in accordance with its organizational charter and regulations.
     Employment of local people shall be undertaken in accordance with
     the related ordinances of the country or district where it is
     located.

 (2) Branch campus teaching staff: A branch campus set up overseas that
     appoints teaching staff members in the ROC shall do so acting in
     compliance with the related provisions of the Act Governing the
     Appointment of Educators and relevant ordinances; Employment of
     local people shall be undertaken in accordance with the related
     ordinances of the country or district where it is located.

6. Branch campus names: The name of a branch campus shall clearly
   indicate the parent institution that the branch campus belongs to
   and shall begin with the name of the administrative district where
   it is located.

Article 10 
The establishment of a division by a university shall be in compliance
with the following provisions:

1. Application criteria: 

 (1) The establishment of the division would facilitate the university's
     future development, and meet national social and regional needs;
     establishing a division is not permitted to adversely affect the
     existing rights and interests of the current teachers and students.

 (2) A university applying to establish a division overseas shall
     have been evaluated by the MOE as running its operations well,
     with an outstanding performance, and have had no shortfalls in
     its final accounts in the most recent three years.

 (3) The site of the parent institution or the site of any of its MOE
     approved division(s) or branch campus(es) that was required to be
     developed has already been completely developed.

2. Criteria for establishing a division:

 (1) A division established in the ROC shall be in compliance with the
     provisions of Article 4, Paragraph 2; the site of a division for
     teaching purposes shall have an area of at least two hectares. The
     site shall have an area of at least four hectares available for
     development and use; the required per student floor area of the
     buildings shall be in accordance with the provisions of the
     Standards for Student Admission Quotas and Resources at
     Institutions of Higher Education.

 (2) A division established overseas shall be in compliance with
     principles of equality and with the related ordinances of the
     country or district where it is located, and evidence that it is
     complying with the related ordinances of the country or district
     where it is located shall be provided.

3. Division establishment fund:

 (1) The division establishment fund shall be provided from the
     university’s self-generated income and accumulated surplus. The
     total amount invested into a division establishment fund by a
     private university or tertiary college is not permitted to exceed
     half of the surplus earnings that it has accumulated over the
     years, and it is not permitted to affect the operations of the
     parent university or college. 

 (2) A university is not permitted to extend its credit limit or borrow
     money from a domestic bank in the name of raising funds to
     establish a division overseas, and it is also not permitted to use
     any of the university’s property or assets in the ROC as
     collateral to extend its credit limit or borrow money from an
     overseas bank.

 (3) A university’s income derived from donations in the ROC is not
     permitted to be used to establish an overseas division. This
     restriction does not apply if, at the time the donation was made,
     the donor designated that their donation to the university was to
     be used for setting up an overseas division.

4. Division organization: The organizational structure of divisions
   shall be explicitly set out in the parent institution’s
   organizational charter and regulations and be reported to and
   ratified by the MOE. When necessary, branch units may be set up; the
   setting up of the teaching and/or administrative units of a division
   established overseas may be undertaken in accordance with the
   related ordinances of the country or district where it is located.

5. Appointment of division personnel:

(1) Division director: One person shall be appointed to assist running
    the division. For a division set up in the ROC, the president of the
    parent institution shall appoint a teacher at the parent institution
    at the professor rank to the post; for a division set up overseas,
    the president of the parent institution shall assign a teaching
    staff member from the ROC to fill the post, and the term of the
    appointment and eligibility qualifications shall be determined by
    each university in accordance with its organizational charter and
    regulations. Employment of local people shall be undertaken in
    accordance with the related ordinances of the country or district
    where it is located.

 (2) Division teaching staff: A division set up overseas employing
     teaching staff in the ROC shall do so acting in compliance with
     the pertinent provisions of the Act Governing the Appointment of
     Educators and relevant ordinances; the employment of teaching
     staff locally shall be implemented in accordance with the
     provisions of the related ordinances in the country or district
     where it is located.

6. Division names: A division’s name shall clearly indicate the parent
   institution that the division belongs to and shall begin with the
   name of the administrative district where the division is located; a
   division that is an academia-industry cooperation division shall
   clearly indicate that it is in its name after the name of the
   administrative district.

Article 11 
The operations of a university's overseas branch campus or division
shall be supervised by its parent university, and its finances shall be
clearly partitioned from those of its parent university. Each overseas
branch campus or division shall set up and maintain independent account
books, under the supervision of its parent university.

Article 12 
If a branch campus or division that a university has established
overseas operates in violation of the provisions of relevant ordinances,
or if there are specific facts sufficient to prove that the branch
campus or division is detrimentally affecting the operations of its
parent university in the ROC, and the MOE has ordered that the
situation be improved within a prescribed period, and this has not been
done by the deadline, the MOE may reduce the university's awards and/or
subsidies, and, when necessary, may revoke the approval given to the
university to establish an overseas branch campus or division.

Article 13    
If a junior college applies to establish a branch campus or division,
apart from the site of any teaching division having an area of at least
two hectares available for development and use,the provisions of each
article from Article 8 to the previous article are applicable, mutatis
mutandis, to any other related establishment plan, establishment
criteria, application procedure, and establishment procedures and
specifications. 

Section 3 Establishment of Junior College Divisions

Article 14 
In order to enhance the practical skills and expertise of professional
personnel and improve the quality of technical and vocational education,
the MOE may, having examined and considered education policies and
national social development and workforce demands, give universities
approval to establish affiliated junior college divisions, and may
permit universities to establish affiliated junior college divisions in
counties or cities that do not have a junior college providing
education.
An institute of technology that, in accordance with these Regulations,
takes part in an amalgamation or is renamed a university of science and
technology may proceed to establish a junior college division.
A university applying to set up an affiliated junior college division
shall take into due consideration its resources, circumstances, and
regional needs, and submit a junior college division establishment plan;
in the case of a public university the establishment plan shall be
submitted to the MOE for ratification after it has been approved by the
university council, and in the case of a private university, the
establishment plan shall be submitted to the MOE for ratification after
it has been approved by its university affairs committee and by its
board of directors.

Article 15
When a university applies to establish a subsidiary junior college
division away from its main campus, the provisions of these Regulations
governing the establishment of a division by a university apply, mutatis
mutandis. But when a university establishes a junior college division
overseas, the provisions of these Regulations governing the
establishment of a branch campus by a university may be applied,
mutatis mutandis.

Chapter 3 Alterations

Section 1 Change of name

Article 16 
A university or tertiary college being renamed shall meet the following
criteria:

1. An independent college that is applying to be renamed an ordinary
   university or an institute of technology that is applying to be
   renamed a university of science and technology shall meet the
   following criteria:

(1) It has had excellent educational results and has tangible
        evidence of its performance.

(2) Administration of the independent college’s recruiting and
        enrolment, student status, personnel affairs, accounting,
        finance, courses, and computerization of administrative matters
        are all functioning normally, and it has established a soundly
        operating institutional system, and the MOE does not have any
        instance of major administrative error or negligence on record.

(3) It shall be operating in compliance with MOE policy goals and
        associated regulations.

(4) For a private independent college, its board of directors’
        registration as a legal person, updates made and operations are
        normal, and it has established a soundly operating
        institutional system.

2. When the educational institution in question is operating in
   compliance with the previous subparagraph and the special
   circumstances set out below pertain, an institute of technology may
   be renamed an ordinary university, and vice versa; an independent
   college may be renamed a university of science and technology, and
   vice versa; an institute of technology may be renamed an independent
   college, and vice versa; and an ordinary university may be renamed a
   university of science and technology, and vice versa. 

 (1) Education policy and national requirements.

 (2) It is considered a definite necessity following an MOE examination
     and consideration of the current distribution of universities in
     each region.

 (3) The municipality or county (city) where the educational institution
     applying to be renamed is located does not have an ordinary
     university, a university of science and technology, or an
     independent college, or institute of technology in the same
     educational institution name category as the proposed name.


Article 17 
The MOE shall accept applications to be renamed from independent
colleges, institutes of technology, universities of science and
technology, and ordinary universities and, in principle, process such
applications once each year.

The MOE procedures governing accepting an application for a name change
and its approval are as follows:

1. If the proposed name change is in compliance with the requirements
   stipulated in the previous article the educational institution may
   draw up a name change proposal; after the proposal has been reviewed
   and given due deliberation by the university (college) council, and
   in the case of a private educational institution after the proposal
   has also been approved by its board of directors, an application
   with the name change proposal, minutes of the meetings at which it
   was deliberated, and basic information indicating compliance with
   the requirements set out in the subparagraphs of the previous
   article and associated forms attached shall be submitted to the MOE
   before the designated deadline for the current year.

2. The MOE may form a case review panel to conduct the review. The
   review is divided into two stages, a preliminary review and a
   follow-up review; the materials provided by the educational
   institution are examined at the preliminary review stage. 


3. If a college or university passes the preliminary review, the MOE
   shall conduct an on-site inspection, and then, depending on the
   results of the on-site inspection, may convene a follow-up review
   meeting to discuss the case and make specific recommendations
   regarding the institution's future plans and long-term development.
   When necessary, the MOE may allow a college or university to
   undertake preparations for a period of between half a year and one
   year before the follow-up review and may give a single extension to
   the approved period, and the MOE shall undertake the on-site
   inspection when the approved preparation period ends. If the college
   or university passes the follow-up review, it will be given approval
   to be renamed; a college or university that does not pass the
   follow-up review shall submit another application in accordance with
   the provisions of this article.

When a private college or university passes the review process referred
to in the previous paragraph, and the MOE has approved its renaming, its
school endowment corporation shall undertake an update of its
registration.

Article 18 
A junior college or institution of higher education may apply to change
its name in order to meet its development requirements; the provisions
of the previous article apply, mutatis mutandis, to the application
procedure and related matters.

Article 19 
The new name of a junior college or institution of higher education
that is applying to change its name shall be in compliance with the
following provisions:

1. The name of a junior college or institution of higher education
   shall clearly indicate its category and level. The name of a public
   junior college or institution of higher education shall begin with
   the word “national”, “municipal”, "county", or "city”, as
   appropriate.The name of a private junior college or institution of
   higher education shall begin with the name of its school endowment
   corporation, and it is not permitted to only use the name of the
   city, county, municipality, or higher level administrative district
   in which it is located as its name.

2. When the name of a private junior college or institution of higher
   education consists of the name of the administrative district and
   another embellishing component, the embellishing component may
   possess historical significance, be a commemorative meaning, be a
   phrase that by convention must be used in full, or reflect some other
   feature of the institution. But such a name component is not
   permitted to reflect the academic category of the institution.

3. If two or more educational institutions of the same level in the
   same district are in the same category or a similar one, if the name
   proposed for one of them is too similar to that of any other, one or
   more words sufficient to clearly distinguish its name shall be added.

4. A junior college or institution of higher education is not permitted
   to use a name with any of the following features:
(1) The name is identical to or closely resembles that of a well-known
    domestic or international organization. This restriction does not
    apply, however, if the organization's written consent has been
    obtained.
(2) A name identical to or closely resembling a name already being used
    by another educational institution of the same level.

Section 2 Changes of institutional status

Article 20 
A junior college applying to change its institutional status to become
an institute of technology shall meet the following criteria:

1. The junior college has had excellent educational results and has
   tangible evidence of its performance.

2. The administration of the junior college’s recruiting and enrolment,
   student status, personnel affairs, accounting, finance, courses, and
   computerization of administrative matters is functioning normally,
   and the junior college has established a soundly operating
   institutional system, and the MOE does not have any instance of major
   administrative error or negligence on record.

3. The junior college has been operating in compliance with MOE policy
   goals and associated regulations.

4. For a private junior college, its board of directors, registration as
   a legal person, updates made and operations are normal, and it has
   established a soundly operating institutional system.

A skills-based senior high school that changes its institutional status
  to become a junior college is not permitted to change its
  institutional status to become an institute of technology.

Article 21 
The process for any junior college changing its institutional status to
become an institute of technology, or any junior college changing its
institutional status to become an institute of technology with an
affiliated junior college division, in principle, is only handled once
each year. The base date for data calculations for all reviews of basic
criteria is February 1 each year.

The MOE procedures governing accepting an application for a change of
institutional status and its approval are as follows:


1. A junior college that meets the criteria for changing its
   institutional status set out in the previous article may draw up a
   change of institutional status plan; after the plan has been reviewed
   and given due deliberation by the junior college’s governing board,
   and in the case of a private junior college after the plan has also
   received mandatory approval from its board of directors, the junior
   college shall submit an application with its change of institutional
   status plan, minutes of the meetings at which it was deliberated,
   basic information indicating compliance with the requirements set out in the
   subparagraphs of the previous article, and associated forms attached to
   the MOE by March 31 of the current year.

2. The MOE may form a case review panel to conduct the review. The
   review is divided into two stages, a preliminary review and a
   follow-up review; the change of institutional status plan, minutes
   of meetings at which the matter was deliberated, basic information,
   and relevant forms and documents submitted by each junior college are
   reviewed at the preliminary review stage.

3. If a junior college passes the preliminary review, the MOE shall
   undertake an on-site inspection, and then, depending on the results
   of the on-site inspection, may convene a follow-up review meeting to
   discuss the case, and make specific recommendations regarding the
   junior college's future plans and long-term development. When
   necessary, the MOE may allow the junior college to undertake
   preparations for a period of between half a year and one year before
   the follow-up review and may give a single extension to the approved
   period and shall undertake the on-site inspection when the approved
   preparation period ends. A junior college that has passed the
   follow-up review will be given approval to change its institutional
   status to become an institute of technology; a junior college that
   does not pass the follow-up review shall submit another application
   in accordance with the provisions of this article.

4. The MOE shall ratify the change of institutional status of a junior
   college that has passed the follow-up review referred to in the
   previous subparagraph.

The review procedures referred to in the previous paragraph shall be
completed before July 31 of the current year.

Article 22
A junior college that changes its institutional status to become an
institute of technology, or a junior college that changes its
institutional status to become an institute of technology with an
affiliated junior college division shall set up departments (subjects,
sections), graduate institutes, and degree programs in accordance with
the following provisions:

1. The institute of technology shall establish three or more departments
   during the first year after approval of its change of institutional
   status. In principle, these departments will offer subjects that the
   former junior college taught, and achieved excellent results for, and
   that there are sufficient qualified teachers to teach; in principle,
   the institute of technology will also add two-year technical (
   academic) program departments and in-service programs in a
   continuing education department.

2. From the second year after its change of institutional status was
   approved, the institute of technology may, in conjunction with its
   developmental needs, set up additional departments and/or subjects
   and make adjustments to current departments and subject, and from
   the fifth year it may add graduate institutes. Each educational
   institution shall undertake setting up any additional departments (
   subjects, sections), graduate institutes, and degree programs or any
   adjustments to the current ones in accordance with review principles,
   regulations, and procedures governing any such additions or
   adjustments in that year.

Article 23
After considering the economic, educational, demographic, transportation
, cultural, and resource circumstances of a county or municipality that
does not provide junior college education, the MOE may select a public
skills-based senior high school that meets the following criteria and
eligibility conditions, or it may amalgamate several such schools, and
change the institutional status of the original school or the
amalgamated schools to that of a junior college and set up an affiliated
skills-based senior high school division there:

1. The daytime division of the school has a total of at least 40 classes.

2. The average enrollment rate in the most recent three years was at
   least 85%.

3. The skills-based senior high school’s site, school buildings, and
   teaching equipment and facilities: these are all in accordance with
   the provisions of Article 7.

4. Courses: Courses shall be set up in compliance with the following
   principles:
(1) Courses shall be in compliance with overall national development
    needs and be linked with local commercial and industry development
    needs.
(2) Courses shall extend provision of education with a practical
    orientation and match the junior college’s specific developmental
    focus.
(3) Appropriate related practical training shall be arranged designed
    to help meet the objectives of each subject area, and specific
    practical training plans shall be compiled. Practical training
    plans shall include the training courses, training modes, number of
    training hours, and qualifications of the teachers involved.

5. Change of institutional status plan: The school shall provide
   specific accurate details of its current situation, and a rational
   and complete plan setting out how it will achieve the standards
   required to change its institutional status and the demands it would
   face following such a change, and draw up a feasible implementation
   plan.

Article 24    
The provisions of Articles 7 and 21 shall apply, mutatis mutandis, when
an institute of technology that was formerly a junior college, or when
a university of science and technology that was formerly called an
institute of technology changes its institutional status to become a
junior college.
Changing the institutional status of a junior college to make it a
skills-based senior high school shall be handled, mutatis mutandis, in
accordance with the provisions of Articles 4 and 6 of the Senior High
School Education Act pertaining to applying to establish such a school
following a change of institutional status.
When teachers at a junior college that has changed its institutional
status and become a skills-based senior high school who do not have a
secondary school teaching certificate continue to hold a teaching
position there, the MOE may arrange for a teacher training university
to offer pre-service teacher education courses on a case by case basis
within six years after the change of institutional status to provide
such teachers opportunities for further training.
Teachers at such a junior college that has changed its institutional
status to become a skills-based senior high school as referred to in
the previous paragraph who have completed the teacher pre-service
education courses prescribed in the Teacher Education Act and have been
employed teaching at the junior college for two years may be exempt
from the requirement to undertake an education practicum prescribed by
the Teacher Education Act, and they shall be issued a secondary school
teaching certificate by the MOE after they pass the teacher
qualifications test.

Section 3 Amalgamations

Article 25 
A junior college or institution of higher education may, after taking
into due consideration its resources, circumstances, and development
focus, select an appropriate amalgamation counterpart and implement an
amalgamation plan.
After weighing and considering current higher education development
trends, the distribution of junior colleges and institutions of higher
education, and the allocation of educational resources, the MOE may
recommend that institutions of higher education implement an
amalgamation plan, and assist them to do so.

Article 26 
Public junior colleges or institutions of higher education planning an
amalgamation shall draw up an amalgamation plan. An amalgamation plan
for national junior colleges or institutions of higher education shall
be submitted to the MOE for ratification after it has been approved by
the respective university council or junior college governing board. An
amalgamation plan for municipal, county, or city junior colleges or
institutions of higher education shall be submitted to the MOE for
ratification after it has been approved by the respective university
council or junior college governing board and by their local government.
For an amalgamation between private junior colleges or institutions of
higher education, the school endowment corporation of each of the
institutions shall draw up an amalgamation plan and an amalgamation
agreement addressing the amalgamation related matters, and submit
balance sheets and property inventory audited and certified by a
certified public accountant; the amalgamation plan shall be submitted
to the MOE for ratification after it has been approved by the
respective university (college) councils and boards of directors. There
is, however, no need to draw up an amalgamation agreement if the
amalgamation is between private educational institutions of the same or
different levels established by the same school endowment corporation.

The amalgamation plan referred to in Paragraph 2 shall give explicit
details of the following:

1. The origin of the amalgamation plan.
2. An analysis of the current situation of each of the educational
   institutions involved in the proposed amalgamation and any
   associated problems.
3. The amalgamation plan procedures.
4. An amalgamation schedule and a list of associated matters that will
   require being attended to.
5. The contents of the plan: including envisaged growth; the plan for
   each campus; designated uses of campus buildings and open spaces and
   any planned changes to these; the organizational structure of the
   administration, the number of administrative personnel and their
   deployment; the academic organizational structure, and configuration
   of subjects, departments, and graduate institutes; and a financial
   plan.
6. The way in which the rights and interests of teaching and other
   staff and students of the amalgamating institutions will be handled.
7. The drawing up of major rules.
8. Expected benefits.
9. Other relevant measures.

Article 27    
Junior colleges and institutions of higher education shall complete the
formulation or revision of their organizational charter and regulations
within one year after the MOE approves an amalgamation.

A junior college or institution of higher education newly-formed through
an amalgamation shall have one person appointed as president. As is the
case for the president of a newly-established junior college or
institution of higher education, this first president shall be appointed
in accordance with the provisions of Article 16 of the Junior College
Act or Article 10 of the University Act, as applicable.

Article 28 
The MOE may, taking into account the national overall resources
situation, provide priority funding for the amalgamation of a number of
junior colleges or of institutions of higher education.

Article 29 
If junior colleges or institutions of higher education have not
implemented an amalgamation in accordance with their amalgamation plan,
taking into account the circumstances, the MOE may reduce funding
support and/or adjust their student admission quotas.

Chapter 4 Cessation of Operations


Article 30 
The cessation of operations of a national junior college or institution
of higher education and/or any branch campus, division, junior college
division, or skills-based senior high school division shall be reviewed
by the MOE in line with education policies and examining and considering
the specific circumstances of the particular institution before it
approves any such cessation. 
The cessation of operations of a municipal, county, or city junior
college or institution of higher education and/or any branch campus,
division, junior college division, or skills-based senior high school
division shall be reported by the government at each respective level
for ratification.   

Article 31 
When a school endowment corporation acting in accordance with the
provisions of Article 70, Paragraph 1 of the Private School Law applies
to cease operating a private educational institution that it has
established, or its branch campus, division, or junior college division,
it shall draw up a cessation of operations plan, submit a report to the
university council or junior college governing board, and after the
plan has been passed by the board of directors, submit the cessation of
operations to the competent authority for that private educational
institution for ratification.
    If a private junior college or institution of higher education has
    been ordered by its competent authority to cease operations in
    accordance with the provisions of Article 70, Paragraph 2 of
    the Private School Law, the board of directors of its school
    endowment corporation shall draw up a cessation of operations plan
    and submit it to the competent authority for approval.

A cessation of operations plan shall give explicit details of the
following:

1. The reason for cessation of operations.

2. Plan for the disposal of the facilities and equipment, files and
   documents, and property and assets.

3. Measures for handling the dismissal or retirement of current
   teaching and other staff.

4. Measures to assist the transfer of current students.

5. The school endowment corporation’s follow-up plan in the event of
   cessation of the operations of a junior college or institution of
   higher education it has established. 

6. Plans for other matters pertaining to cessation of operations.

Article 32 
When a junior college or an institution of higher education's branch
campus, division, junior college division, or skills-based senior high
school division ceases operating, its student records, personnel files,
account books and vouchers, and other associated materials shall be
properly retained by the parent institution.
When a junior college or an institution of higher education ceases
operating, it shall immediately collect and properly organize all of
its student records, personnel files, account books and vouchers, and
any other material designated by the competent authority in charge of
the junior college or institution of higher education; a private junior
college or institution of higher education shall turn such items over to
its school endowment corporation or to an organization (agency)
designated by its competent authority for safekeeping, and these shall
be returned at such time as it resumes operations; in the case of a
public junior college or institution of higher education, such items
shall be properly retained in accordance with the provisions of the
Archives Act and the relevant regulations of each level of government.
If a private junior college or institution of higher education ceases
to exist as the result of an amalgamation, all of its student records,
personnel files, account books and vouchers, and other associated
material shall be properly retained after the amalgamation by the
newly-established or surviving private junior college or institution of
higher education.

Article 33   
When a private junior college or institution of higher education ceases
operating, its school endowment corporation shall undertake the
resettlement and retirement of the teaching and other staff in
accordance with the Teacher’s Act, the Act Governing the Retirement,
Bereavement Compensation, Discharge with Severance Pay Benefits for the
Teaching and Other Staff of School Legal Persons and Their Respective
Private School(s), and related ordinances, and its cessation of
operations plan.
The resettlement of current students shall be undertaken in accordance
with the provisions of Article 76 of the Private School Law; the
competent authority for the junior college or institution of higher
education that is ceasing operations may consider how factors such as
its location, and range of departments correspond to those offered by
other private junior colleges or institutions of higher education to
help the students transfer to another suitable private institution.

Article 34 
A private junior college or institution of higher education or any
branch campus, division, junior college division, or skills-based
senior high school division that ceases operating may resume operations
after applying to the MOE and obtaining approval to do so; the
provisions pertaining to establishment in these Regulations apply,
mutatis mutandis, to the procedures for doing so.
A school endowment corporation that has no private educational
institution because the one that it established has currently ceased
operating, it shall, within three years from the date that the
cessation of operations was approved, apply to resume the educational
institution’s operations, establish a new educational institution,
amalgamate with another school endowment corporation, or apply to
establish some other educational, cultural, or social welfare
enterprise in accordance with Article 71 of the Private School Law. If
no application has been submitted within the prescribed period, the
competent authority for the school endowment corporation shall order
the school endowment corporation to be dissolved in accordance with the
provisions of Article 72 of the Private School Law. A school endowment
corporation that undergoes some alteration shall continue to retain
relevant documents; if a school endowment corporation is dissolved, it
shall seal all relevant materials for safe keeping and shall report to
the competent authority in charge of its former educational institution
which shall coordinate the checking of the material and the method of
their safe keeping.

Article 35 
When a branch campus, division, or junior college division that a
university has established overseas ceases operating, except when the
ordinances of the country or district where it is located dictate
otherwise, ownership of any residual equity shall return to its parent
university in the ROC.

Chapter 5 Supplementary Provisions

Article 36  
When a legally incorporated private educational institution established
before the revised Private School Law took effect on January 18, 2008
applies to establish an additional private junior college or
institution of higher education, branch campus, division, and/or
junior college division, or to undertake an alteration, or cease
operations, the provisions of these Regulations that govern school
endowment corporations apply. But if such an educational institution
is applying to establish an additional private junior college or
institution of higher education, it shall first change its status to
become a school endowment corporation, in accordance with the
provisions of Article 87, Paragraph 2 of the Private School Law, after
which, the application may be approved by the competent authority for
the private junior college or institution of higher education.
When the legally incorporated private educational institution referred
to in the previous paragraph applies to be renamed, to alter its
institutional status or take part in an amalgamation, leading to a
change to the nature or the name of the former legal person, after the
competent authority for the private junior college or institution of
higher education has ratified the alteration, in accordance with the
provisions of Article 87, Paragraph 2 of the Private School Law, the
legally incorporated private educational institution shall change its
status to become a school endowment corporation and the private junior
college(s) or institution(s) of higher education it has established.

Article 37
These Regulations shall take effect on the date of promulgation.