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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 AlterationsSection 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 with 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. If the college or university passes the follow-up review, it will be given approval to be renamed.
A private educational institution that has received approval from the MOE to be renamed shall undertake an update of the registration of its school endowment corporation.
If an educational institution was given MOE approval before the amendments to these Regulations take effect on January 6, 2017 to undertake preparations, the Regulations as they were before the amendments shall be used to handle that case.
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 to the MOE before the designated deadline for the current year 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.
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 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. A junior college that has passed the follow-up review will be given approval to change its institutional status.
A private educational institution that has received approval from the MOE to change its institutional status shall undertake an update of the registration of its school endowment corporation.
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 withthe following provisions:
1. The institute of technology shall establish three or more departmentsduring the first year after approval of its change of institutional status. In principle, these departments will offer subjects that theformer 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 dealing with the site, buildings, equipment and facilities, teaching staff, establishment capital and funds, and the application and review procedures for the change of institutional status of an institute of technology that was formerly a junior college that is reverting back to being a junior college, or of a university of science and technology that was formerly called an institute of technology that will 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 a junior college that has changed its institutional status to become a skills-based senior high school such 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.
Article 24-1
If any one of the circumstances listed below apply to an institute of technology that was formerly a junior college, or to a university of science and technology that was formerly called an institute of technology, the MOE may issue an order requiring the educational institution to change its institutional status to become a junior college, in accordance with the provisions of Article 7-2 of the Junior College Law. The provisions of Articles 7 shall apply, mutatis mutandis, when dealing with the site, buildings, equipment and facilities, teaching staff, establishment capital and funds.
1.If the total number of students is less than 3,000, and the new student registration rate is less than fifty percent in the two most recent years.
2.If a rating of tier three or lower was achieved in the vocational and technological college and university accreditations on two consecutive occasions (a concession pass or a failure), or if a rating of tier three or lower was achieved in the most recent institutional accreditation (at least three-quarters of the programs failed to pass).
3.If major administrative errors or negligence were recorded by the MOE for two consecutive academic years, or if two or more major administrative errors or negligence were recorded by the MOE within the same academic year.
4.If financial forecasts indicate that within one year the educational institution will be unable to cover its expenses or face financial difficulties.
If any one of the circumstances listed below apply to a junior college that was formerly a skills-based senior high school, the MOE may issue an order requiring the junior college to undergo change of institutional status and become a skills-based senior high school, in accordance with the provisions of Article 7, Paragraph 4 of the Junior College Law, with the provisions of Paragraph 2 of the same article applying, mutatis mutandis; the provisions of Articles 4 and 6 of the Senior High School Education Act that apply to applications for the establishment of schools shall also apply, mutatis mutandis, to an educational institution after it has undergone such a change of institutional status:
1.If the total number of students is less than 1,800, and the new student registration rate is less than fifty percent in the two most recent years.
2.If any one of the circumstances listed in Subparagraphs 2 to 4 of the previous paragraph apply.
Article 24-2
An educational institution that has been ordered to change its institutional status by the MOE in accordance with the provisions of the previous article shall within three months draw up a change of institutional status plan; after the plan has been reviewed and given due deliberation by the educational institution’s governing board, and in the case of a private educational institution after the plan has also received mandatory approval from its board of directors, the educational institution shall submit the change of institutional status plan, minutes of the meeting at which it was deliberated, and related information to the MOE for ratification.
The change of institutional status plan referred to in the previous paragraph shall include the following items:
1.The reason for the change of institutional status.
2.Departmental adjustments, course planning, and mid-term and long-term development plans after the change of institutional status.
3.Plans for how the educational institution’s facilities, equipment, files, documents, and information will be dealt with.
4.Plans and measures for how the current teaching and other staff will be dealt with.
5.Measures to assist the support and transfer of current students.
6.Plans for other matters pertaining to the change of institutional status.
The procedure for the MOE to review the change of institutional status matters referred to in the previous article is as follows:
1.An expert assessment panel may be formed to carry out an on-site inspection and assessment and to review the change of institutional status plan, the minutes of the meetings at which it was deliberated, and related information that were submitted by the educational institution. An educational institution that passes that review process shall then be reviewed in accordance with the provisions of Article 3.
2.An educational institution that has passed the Review Committee review referred to in the previous subparagraph shall be given approval by the MOE to change its institutional status.
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
willrequire 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 30-1
If any one of the circumstances listed below apply to a junior college, the MOE shall order the junior college to improve the situation within a prescribed period; if the improvements made within the prescribed period have had no effective result, the MOE may order the junior college to cease its operations, in accordance with the provisions of Article 7, Paragraph 3 of the Junior College Law:
1.If the total number of students is less than 1,800, and the new student registration rate is less than forty percent in the two most recent years.
2.If a rating of tier four or lower was achieved in the vocational and technological college and university accreditations for two consecutive occasions (not passing), or if a rating of tier four was achieved in the most recent program accreditation (none of the programs passed).
3.If three or more major administrative errors or negligence were recorded by the MOE for two consecutive academic years, or if three or more major administrative errors or negligence were recorded by the MOE within the same academic year.
4.If its finances can no longer cover operating expenses or if the educational institution is in financial difficulties.
To review the cessation of operations referred to in the previous paragraph, the MOE may handle matters in accordance with the provisions of Article 3 after forming an expert assessment panel to conduct an on-site inspection and assessment.
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, skills-based senior high school 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 or the provisions of Article 7, Paragraph 3 of the Junior College 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. Plans 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 to other educational institutions.
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, shall, within three years from the date that the cessation of operations was approved, have fully resumed the educational institution’s operations, established a new educational institution, amalgamated with another school endowment corporation, or established some other educational, cultural, or social welfare enterprise in accordance with Article 71 of the Private School Law. If no such action has been completed within the prescribed period, the competent authority of 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.
A school endowment corporation that had ceased operating any private educational institution it had established and no longer has any such institution in operation when these Regulations take effect on January 6, 2017, shall within three years of these revised Regulations taking effect resume operating or establish a new private educational institution, or amalgamate with another school endowment corporation, or establish some other educational, cultural, or social welfare enterprise in accordance with Article 71 of the Private School Law. If the school endowment corporation fails to have completed some such action within the prescribed period, the competent authority shall order measures to be taken in accordance with the provisions of Article 72 of the Private School Law.
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.
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