法規名稱(Title) Vocational School Law
公發布日(Date) 2010.06.09
法規沿革:(Legislative) 1.Promulgated on December 17, 1932.
2.Amendment to Articles 1~17 , promulgated on May 7, 1976.
3.Amendment to Articles 4 and 14, promulgated on January 18, 1995.
4.Amendment to Articles 6, 7 and10,promulgated on February 2, 2000. 
5.Addition of Articles 4-1, 8-1, 10-1~10-6, 15-1 and 15-2, amendment to Articles 2, 4, 8, 10, 11, 14 and 15,promulgated on January 15, 2003.
6.Amendment to Article 15, promulgated on June 23, 2004.
7.Amendment to Article 11 of the Vocational School Law per Presidential Decree No. Hua-Zong-Yi-Yi-Zi-09600177891, dated January 2, 2008.
8.Amendment to Article 15-2 of the Vocational School Law per Presidential Decree No. Hua-Zong-Yi-Yi-Zi-0980015541, dated June 17, 2009.
9. Amendment to Article 4 of the Vocational School Law per Presidential Decree No. Hua-Zong-Yi-Yi-Zi-09800292171, dated November 25, 2009.
10. Amendment to Article 15-1 of the Vocational School Law per Presidential Decree No. Hua-Zong-Yi-Yi-Zi-09900140650, dated June 9, 2010.
法規內文(Content)

Article 1   The mission of vocational schools, as pursuant to Article 158 of the Constitution of the Republic of China, is to equip young people with vocational knowledge and skills, to instill an understanding of professional ethics, and to develop well-rounded technicians for entry-level employment.

 

Article 2   Vocational school shall, in principle, be established in one category and the name of the vocational school shall designate the school's category. The vocational school may encompass two categories as necessary and the following may be deemed as a single category: business and home economics, maritime technology and fisheries, medical technology and nursing, and arts and drama.

Each category shall have several departments. The school shall report the establishment, modification or suspension of each department to the competent educational authority for approval. For newly applied departments which not yet set the curriculum standards or guidelines, the establish application shall be forward to the Ministry of Education for approval.Vocational school approved by the competent educational authority as described in the foregoing paragraph can arrange practical skills curriculums which can be completed on annual basis. 

 

Article 3   Standards for establishing of vocational schools shall be prescribed by the Ministry of Education.

 

Article 4   To qualify for admission to a vocational school, students must have graduated from junior high school or obtained an equivalent educational level (the standard of the equivalent education level shall be prescribed by the Ministry of Education).

Vocational schools shall diversify their approach to recruitment and the Ministry of Education shall prescribe recruitment approaches, applicable areas, scope, methods, the targets of recruitment, application time, division, the ratio of quotas and other regulations upon consultation with special municipality and county/city educational authorities.

The term of study at vocational schools shall be limited in principle to three years. The competent educational authority shall report the following situation to the Ministry for authorization: Special departments that may need to increase or decrease the term limitation.

Vocational schools shall scrutinize the study performance of students; the school shall shorten the term of study of the students with excellent academic performance by a half to one year. The students who do not receive the required credits in a term may extend their term of study by two years. The Ministry of Education shall prescribe regulations for the subjects, methods standards and other relevant issues so as to examine students study results. 

 

Article 4-1   The above regulations and limitations of recruitment quota and methods shall not be applicable to the students from disaster-affected areas, the children of the personnel deployed to foreign countries by the government, students showing excellent performance in international academic or technical competitions, talented student athletes, veterans, overseas Chinese students, Mongolian and Tibetan students, and foreign students. Regulations of recruitment quota, methods, qualification, and application procedures, admission standards and the rights and obligations of candidates applicable related thereto shall be prescribed by the Ministry of Education.

 

Article 5   Vocational schools may establish evening division, primarily for employed persons. Regulations applicable thereto shall be prescribed by the Ministry of Education.

 

Article 6   Vocational schools shall be established by individual municipal government. As required by local circumstances, however, they may also be established by counties and county-level cities, or by private parties acting in accordance with the provisions of the Private School Act.

The Ministry of Education may establish national vocational schools according to real requirement.

 

Article 7   If there is any establishment, modification or suspension of operations of a municipal vocational school, such actions shall be approved by the municipal government and reported to the Ministry of Education for recording. For a vocational school established by a county or county-level city, such actions shall be approved by the government of the county or county-level city and reported to the Ministry of Education for recording. For a Private vocational school, such actions shall be governed in accordance with the provisions of the Private School Act.

 

Article 8   The academic subjects taught at vocational schools shall be oriented toward practical application, and shall emphasize general knowledge, internship and experimentation. Curriculum standards, facilities, standards, and regulations governing internships shall be prescribed by the Ministry of Education.

As a means of building a foundation for vocational schools, vocational subjects and technical training at the junior high school level shall be provided in accordance with the preceding paragraph.

The textbooks of vocational schools shall be examined by the Ministry of Education or other authorized agencies. The regulations concerning applicant qualification, application procedures, expense, examination scope, examination procedures, the issue and abolition of licenses, printing standards, emendation and other relevant issues related thereto shall be prescribed by the Ministry of Education. The Ministry of Education shall edit the said textbooks, if necessary. 

 

Article 8-1   Vocational schools may organize all kinds of education experiments as needed and enhance education quality, and shall report to the competent educational authority for approval. The regulation of the scopes of experiments, application methods and procedures, examinations and other relevant issues related thereto shall be prescribed by the Ministry of Education.

 

Article 9   Vocational schools shall provide continuing education and industry-education cooperation programs as needed. Regulations related thereto shall be prescribed by the Ministry of Education.

 

Article 10   A vocational school shall have one principal who shall be in charged of responsibility for overall management of school affairs. The principal shall not concurrently hold external full-time positions except for lecturing in the school. The principals of national vocational schools shall be selected and appointed by the competent educational authority. In the case of a private vocational school, the board of directors shall select and hire the principal.

The selection shall be carried out by the selection commission formed by the competent educational authority or the board of directors. The regulations of organizing selection commission, selecting standards, methods, procedures, employment and other relevant issues shall be prescribed by the competent educational authority.

The principles of affiliated vocational schools, as provided for Teacher Education Law, shall be selected among the qualified personnel in the schools by the principle in each university. The school shall also report to the competent educational authority for recording.

Public vocational school principals shall serve specific terms; the principals may only renew their term once at the same school. The principals, who are not at the expiration of their term and their tours of second term have not reached halfway yet, cannot participate in principal selection at other schools. The regulations of terms and evaluation related thereto shall be prescribed by the Ministry of Education.

 

Article 10-1   The current public vocational school principals with teaching certificates can return to school as teachers without the examination of Faculty Evaluation Committee, or they can transfer to other public schools as a teacher via the competent education authority. Those preceding current principals without teaching certificates or those with teaching certificates but not willing return to schools as a teacher have the following options:

1.Those who conform to retirement requirements and volunteer to retire: the competent education authority shall approve their retirement requests.

2.Those who did not conform to retirement requirements or are not willing to retire: the competent education authority shall assist them to transfer to other occupations depending on their willingness and qualifications.

 

Article 10-2   The competent education authority shall carry out annual evaluations of the principals and teachers in public vocational schools. The regulations of the evaluation grade or result, rewards and penalty categories, the organization and tasks of evaluation committee, evaluation procedures and other relative issues shall be prescribed by the Ministry of Education.

 

Article 10-3   Vocational schools shall establish agencies that shall be in charged of educational administration, student affairs, practical training, general affairs, library, information, personnel, accounting and so on; and the school shall also establish agencies that are relative to continuing education, industry-education cooperation programs, research development, recruitment affairs, technology exchanges and fund collection. The duty of each agency shall be authorized by the competent education authority.

Vocational schools may employ one secretary, one library director, and one department director for each department. The full-time teachers of the schools can serve in the above positions. Each first-class agency that is mentioned above shall have one director.

 

Article 10-4   Vocational schools shall have one homeroom teacher in each class to assist with student counseling. The principal may appoint homeroom teacher from the full-time teaching staff.

 

Article 10-5   Vocational Schools shall establish Governing Board to resolve important administrative affairs. There shall be at least one meeting in each semester, and the meeting shall be convened and presided by principals. The administrative affairs meeting shall be composed of principals, each agency director, each department director, all full-time teachers or teachers’ representatives.

Vocational schools shall establish the committees for educational administration, student affairs, general affairs and practical training and others. The regulations about the formation and missions related thereto shall be prescribed by each school.

 

Article 10-6   Vocational schools shall establish a counseling committee which shall have a director that can be served by principals. Principals shall hire the commissioners from each agency director and relevant full-time teachers. Principals may also employ professional counseling instructors and voluntary counselors.

Principals may hire full-time counseling teachers with professional counseling knowledge and shall select the director from among counseling teachers.

Vocational schools shall assist and counsel students to develop their ability, aptitude and interests. The regulations about counseling, counseling scope, procedures, implementation methods and other relevant issues shall be prescribed by the competent education authority.

 

Article 11   Vocational school teachers shall be full-time employees. Part-time teachers may be hired in situations based on a case-by-case basis, the hiring of teachers shall be processed in accordance with the Teacher’s Act.

Should there be vacancies in public vocational schools, the Faculty Evaluation Committee may reach a decision followed by a report to the competent educational authority for handling the hiring process, with the principal directing the appointment process.

The competent educational authority may, act by itself or form an appointment committee, process the appointment and hiring of vocational school teachers in accordance with the previous subparagraph; measures governing the organization of the committee, appointment terms and procedures shall be prescribed by the competent educational authority.

Vocational schools may select and hire experienced persons as technical and professional course instructors in the teaching of professional or technical subjects. The Ministry of Education shall prescribed regulations of ranking, qualification, employment, dismissal, suspension, discontinuance of employment, appeals, treatment, welfare, educational training, retirement, bereavement payment, dismissal with severance pay, annual increment, and other legal rights and interests.

Vocational school administrative staff shall be appointed by the principal and shall be notified to the competent educational authority for recording.

 

Article 12   The Ministry of Education shall prescribe regulations pertaining to the selection/recruitment, appointment/engagement, and promotion/transfer of the director of military instruction, military instructors, and nursing teachers at vocational schools.

 

Article 13   The Ministry of Education shall prescribe hiring criteria for the principal as well as for teaching and administrative staff of public vocational schools.

 

Article 14   The students of a vocational school shall receive no less than 150 credits before graduation. The school shall award a graduation certificate to students who have completed the required coursework at passing grades. The vocational school shall confer a certificate of study for that year's coursework to the students who complete required coursework of a Practical Technical Program at passing grades.

Each competent educational authority shall regulate such affairs as regarding reservation of enrolled student’s admission status, student transferring to other school and other department, suspension of study, student being expelled from school, course credits waiving, taking summer courses, the student status adjustment concerning military service or due to going abroad, double student identity and other matters related to student status.

 

Article 15   Each competent educational authority shall prescribe regulations concerning vocational school tuition fee, the items, purpose and amount of tuition fee, and matters related thereto.

Vocational schools shall establish a special account to carry out the management of revenue and related expenditure of providing school venues, facilities and equipment for use, entrusted operations, reward for civil participation, student’s retaking of classes, enrollment, selection, internships, and implementation of extended education. The accumulated surplus shall be used in improving school basic equipment or fleshing out teaching equipment for educational purposes and not be restricted under the Article 13 of Budget Law, Article 7 of State Owned Property Act and the relevant limitation of local public property management.

The Central competent educational authority shall prescribe the regulation of the above management of revenue and related expenditure.

 

Article 15-1   The governments shall assist students of vocational schools by providing student loans; Loan items include miscellaneous expenses, practical training, books, accommodation, living expenses, group insurance for students, study abroad, and other relevant costs. Regulation on applying qualifications, amount, rights and obligations as well as other proceedings shall be prescribed by the Ministry of Education.

 

Article 15-2   Vocational schools should have group insurance for students; the coverage, amount, payment method, duration, payment standard, rights and obligations, process and other relevant regulations should be prescribed by each educational authority.

The school should actively assist students who apply for compensation.

Educational authorities at all levels should take out public liability insurance for vocational school campuses within their jurisdiction.

Costs incurred by the preceding paragraph should be included within the Ministry of Education’s annual budget.

 

Article 16   Regulations Governing Vocational Schools shall be prescribed by the Ministry of Education. 

 

Article 17   This Law shall enter into force from the date of issuance.