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Laws and Regulations Retrieving System

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Title: Enforcement Rules of Act Governing the Appointment of Educators Ch
Date: 2010.04.07
Legislative: 1.Promulgated on July. 3, 1987.
2.Amendment to Articles 11, addition of Articles 15-1 promulgated on September 5, 1988.
3. Amendment to Articles 23,25, 27, and Appendix 1 promulgated on September 29, 1993.
4. Revised to 29 articles and promulgated on April 29, 1998.
5. Amendment to Appendix 1 promulgated on March 6, 2000.
6. Amendment to Article 13 promulgated on February 25, 2002.
7. Amendment to Article 23 promulgated on October 3, 2005.
8. Amendment to Article 11 promulgated on April 7, 2010.
Content:
Article 1 The Enforcement Rules are enacted in accordance with Article 42 of the Act of Governing the Appointment of Educators (hereinafter referred to as the Act).

Article 2 The term “all levels of schools” mentioned in the Act refers to the universities, independent colleges, junior colleges, senior high schools, vocational schools, junior high schools, elementary schools, all levels of cram schools and all levels of special education schools.

Article 3 The term “senior high schools” mentioned in the Act refers to senior high schools and vocational schools; the term “high schools” refer to senior high schools, vocational schools and junior high schools; the term “high and elementary schools” refer to senior high schools, vocational schools, junior high schools and elementary schools.
The levels of cram schools and special education schools shall be classified in accordance with the provisions of the respective related laws.

Article 4 The term “professionals of social education institutions” mentioned in the Act refers to the personnel staff with listed titles of positions and the job rankings marked as appointed in the organization laws of the social education institutions established in accordance with Articles 4 and 5 of Social Education Act. However, the administrative staff is not included.
The job rankings of the professionals mentioned in the preceding paragraph shall be enacted in accordance with the provisions of the Table of Job Rankings of the Professionals of Social Education Institutions and Teachers of all Levels of Schools. (See Appendix 1)
The selection, appointment and screening of the professionals of social education institutions shall abide by the provisions made by the Ministry of Education.

Article 5 The term “researchers of academic research institutions” mentioned in the Act refers to the staff with listed title of positions and their job rankings marked as appointed in the organization laws of academic research institutions subordinate to all levels of government agencies in charge of education administration. However, the administrative staff is not included.
For the job rankings of the researchers mentioned in the preceding paragraph, the researchers shall be equivalent to professors, the associate researchers shall be equivalent to associate professors, the assistant researchers shall be equivalent to assistant professors and the research assistants shall be equivalent to lecturers.
The selection, appointment and screening of the researchers of academic research institutions shall abide by the provisions made by the Ministry of Education. 

Article 6 The incumbent assistant researchers, research assistants and other professionals of equivalent levels of the social education institutions and academic research institutions appointed before the enforcement of the Act amended on 21 March 1997 shall apply for the promotion in accordance with the former job rankings if not having acquired the qualifications prescribed in the Act amended on 21 March 1997. 

Article 7 The required education subjects and credits mentioned in the Act shall abide by the provisions prescribed in the screening of teacher qualification and the practical training of teachers of senior high schools and lower levels and kindergartens.
Those who have taken or have completed the required education subjects and credits before the enforcement of the preceding regulations shall abide by the provisions of former laws.

Article 8 The term “graduate from the graduate colleges, institutes, universities, independent colleges, junior colleges” mentioned in the Act refers to graduating from public or registered private graduate colleges, institutes, universities, independent colleges and junior colleges, or the recognized ones by the Ministry of Education.

Article 9 The term “the subjects taken shall meet the nature of the aspired schools” mentioned in Clauses 1 to 3 of Paragraph 1 of Article 7 of the Act shall abide by the provisions in the Comparison Table of Subjects Taken and Nature of Vocational Schools. (See Appendix 2.)
 
Appendix 2 Comparison Table of Subjects Taken and Nature of Vocational Schools.doc 

Article 10 The meaning and the scope of the term “national art” mentioned in Paragraph 2 of Article 7 of the Act shall be elaborated by the Ministry of Education in accordance with the provisions of the Cultural Legacy Preservation Act and the enforcement rules thereof. The term “teaching experiences” refers to the seniority of full-time or part-time teachers of related subjects of all levels of schools.

Article 11 The seniority of teachers of all levels of schools mentioned in the Act shall, in principle, refer to full-time teachers, whereas the seniority of the part-time teachers shall be reduced by half.
With regards to full-time medical professionals of a university’s college of medicine’s affiliated hospital, who serve concurrently at the same school as teachers of clinical subjects, and for whom the appointment, the promotion assessment standards and procedures, teaching load and performance evaluation, etc., have been regulated in the directives of their respective schools and handled in conformity with full-time teachers, and who have not been remunerated for their part-time teaching, their seniority shall be handled in compliance with full-time teachers during the screening of teacher qualifications, upon the assessment and approval by the Ministry of Education.

Article 12 The specialized professions mentioned in the Act refer to the specialized or technical professions whose practicing certificates be bestowed in accordance with provisions of the examination laws and occupation laws and whose natures meet the aspired positions; the specialized positions mentioned in the Act refer to the specialized or technical positions of the government agencies, schools or public or private organizations whose natures and levels are equivalent to those of the taught subjects and the majored subjects.

Article 13 The administrative work in the junior colleges and higher levels mentioned in Article 8 and Article 9 of the Act refers to the administrative functions of the first level directors and higher levels prescribed in the school organization laws.
The education administrative positions mentioned in Article 9 of the Act refer to the administrative positions of the ninth job ranking in the Recommended Appointment and higher job rankings.
The education administrative positions mentioned in Article 10 of the Act refer to the education administrative positions equivalent to the ninth job ranking in the Recommended Appointment and higher job rankings, or the administrative positions of the first level directors prescribed in the organization laws of the universities or independent colleges.
The administrative positions of the first level academic directors prescribed in the organization laws of Academia Sinica shall be regarded as equivalent to the ones of the first level directors prescribed in the school organization laws.

Article 14 The term “specialize in education” mentioned in Article 11 of the Act refers to having graduated from universities or colleges and completed the required education courses.

Article 15 The term “graduate from normal junior colleges” mentioned in Articles 4 and 12 of the Act excludes the graduates of the departments of the preschool education.

Article 16 The term “graduate from each department of the normal universities, normal colleges, education colleges, universities or independent colleges” mentioned in Article 13 of the Act refers to the persons who teach the subjects the same as or similar to the majors thereof, or the persons who teach subjects other than the majors thereof but the same to the required specialized subjects of those departments.

Article 17 The persons who have met the screening qualifications of lecturers of the universities, independent colleges and junior college before the enforcement of the Act and still hold the positions may apply for the screening of the qualifications in accordance with Article 30 of the Act .

Article 18 The equivalent degrees of the doctoral and master’s degrees mentioned in Articles 16, 16-1, 17 and 18 of the Act shall be recognized by the Ministry of Education in accordance with the admission levels, study periods and academic achievements.

Article 19 All levels of schools shall refer to the qualified screening levels or verified subjects when appointing teachers.
The teachers of senior high schools and lower levels, when appointed for the first time, shall present the eligible teacher certificates unless there shall be provisions of other laws.
The teachers of junior colleges and higher levels, when appointed for the first time, shall apply for the screening of the qualifications thereof within three months after taking the positions. If failing to submit the screening cases before the due time, the teachers shall not be employed after the term is completed unless there shall be matters unattributable to the teachers. If failing to pass the screening, the teachers shall be revoked the employment thereof at once.

Article 20 If teachers plan to reject further employment offers after the term is completed, they shall send a written notice to the schools they serve one month before the completion of the employment. If planning to resign during the term of the employment, the teachers may be able to leave the jobs after the consent of the schools.

Article 21 The term “school staff” mentioned in the Act refers to the full-time staff who handles the schools’ administration and ordinary technical jobs incorporated into the organization of all levels of school.
The regulations governing the selection and appointment of the rare technicians in the preceding paragraph shall be enacted by the Ministry of Education.

Article 22 The term “provisions of the former related laws” mentioned in Paragraph 2 of Article 21 of the Act refers to the provisions governing appointment, promotion and organization regulations ratified or enacted by the government agencies in charge of education administration and schools before the enforcement of the Act promulgated on 3 May 1985.

Article 23 The incumbent staff of all levels of schools selected and appointed before the enforcement of the Act, if possessing one of the following qualifications, shall be qualified the appointment in accordance with the law:
1. Pass any of the exams for the civil servants held in accordance with the examination laws.
2. Have been confirmed the appointment in accordance with any of the appointment laws for the civil servants.
3. Have registered to be eligible and acquired the certificates granted by the Ministry of Civil Service.
For staff and rare technicians who do not possess the qualifications as stated in the preceding paragraph, the Civil Servant Performance Rating Measures Act as well as its related provisions may apply mutatis mutandis to their performance evaluation.

Article 24 The qualifications and procedures for the selection and appointment of teachers of all levels of cram schools and special schools shall apply mutatis mutandis to the provisions of the Act, which regulate the principals and school teachers of the equivalent levels and categories.

Article 25 The military training instructors and nursing teachers of the senior highs schools and higher levels shall be selected and appointed in accordance with the related provisions of the Ministry of Education and the Ministry of National Defense.

Article 26 The selection and appointment of the researchers of all levels of marine schools or marine staff of the ships for the practical training shall be enacted by the Ministry of Education and the related government agencies.

Article 27 The Enforcement Rules shall come into force as the day of promulgation
 
Data Source: Laws and Regulations Retrieving System