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Laws and Regulations Retrieving System

Print Time:113.11.27 09:07

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Title: MOE Regulations Regarding International Students Applying for Internships after Graduation from Universities/colleges in Taiwan Ch
Date: 2012.06.20
Legislative: Announced on June 8, 2011
Amended on June 20, 2012
Content:

Article 1
These regulations are specially adopted by the Ministry of Education (hereinafter referred to as the MOE) for the purpose of increasing interactions between outstanding international students, who have graduated from universities/colleges, and domestic industrial, academic & research circles, thus strengthening international connections, cultivating international talent resources and executing the regulation of Paragraph 1 of Article 11 in the MOE Regulations Regarding International Students Undertaking Studies in Taiwan.

Article 2
International students, who have any of the following qualifications or have acquired agreement documents (including internship contents, subsidies, duration) from the intended internship organization pursuant to the following regulation below and have been recommended in writing by their instructors or department chairs, may submit an application for internship to the school within the time limit regulated by the school.

  1. International students who have completed a Master’s degree (or above) by the semester of their graduation, and have never deferred/withdrawn study or postponed graduation during their period of study and have reached at least an 85 grade average during their entire academic study period or are academically ranked in the top 20% of their class.

  2. International students who have completed a Bachelor’s degree by the semester of  their graduation, have never deferred/withdrawn study or postponed graduation during their period of study and have reached at least an 80 grade average during their entire academic study period or are academically ranked in the top 20% of their class.

  3. International students who have completed a Bachelor’s degree (or above) by the semester of their graduation and have won a prize in any national/international contest or science fair during their period of academic study, or have been outstanding in other fields, or have received a recommendation by someone from the university or a credible organization must submit certificates of documentation.

  4. International students who have completed a Bachelor’s degree (or above) by the semester of their graduation, and have never deferred/withdrawn study or postponed graduation during their period of academic study and have completed the first stage of the National Physician Exam, can then apply for the Program of General Medical Training(Postgraduate Year – G.P.Y..

Article 3
Organizations that provide international student graduates with internships (hereinafter referred to as the internship organizations) must have any of the following qualifications:

  1. Newly-established domestic enterprises/foreign direct investment companies that have revenues of at least NTD10 million for the most recent year or a capital of at least NTD5 million.

  2. Newly-established Taiwan branch companies of foreign companies that have revenues of at least NTD10 million annually or a working capital of at least NTD5 million.

  3. Taiwan offices of foreign companies (except financial service industries) that have procurement records of at least USD1 million.

  4. A Free trade zone business as designated in Article 3, Subparagraph 2, of the Act for the Establishment and Management of Free Trade Zones.

  5. A juridical person, charged by designated authorities of each industry, that have more than NTD5 million of business expenses for the most recent year.

  6. Foreign Chambers of Commerce.

  7. Enterprises or juridical persons that provide college students with off-campus internship programs or have signed industry-academy cooperation contracts.

8. These training hospitals are under the Program of the General Medical Training Hospital and have been authorized by Department of Health, Executive Yuan R.O.C. ( Taiwan ).

Article 4
Universities/colleges shall appoint relevant agencies to assist with providing outstanding international student graduates with internship opportunities and information.

Article 5
Universities/colleges shall review international student graduate applications for internships pursuant to these regulations, make a list of their names (if the internship organizations are qualified), ascertain that the internship is relevant to their majors, and apply for an internship permit to the MOE. They must also submit the following documents before June 20 and December 10 of each year (late applications will not be accepted):

  1. Application form.

  2. List of international student graduates who have applied for internships.

  3. Transcripts for all semesters that the international students are applying for, in order for them to do their internships and their internship agreement documents from the intended internship organizations.

  4. Related certified documents of the internship organizations:

o For enterprises, company registration certificates or business registration certificates, photocopies of the annual profit-seeking enterprise income tax returns for the most recent year or procurement records and other related photocopies shall be submitted.  However, if the internship organizations are Taiwan offices of newly-established enterprises or financial service industries, photocopies of the annual profit-seeking enterprise income tax returns for the most recent year can be exempt.

o For juridical persons charged by designated authorities of each industry, photocopies of proof for the legal establishment, articles of incorporation and other related photocopies shall be submitted.

o For foreign Chambers of Commerce, formal invitations from the Chambers shall be submitted.

o For enterprises or juridical persons that provide college students with off-campus internship programs or have signed industry-academy cooperation contracts, photocopies of internship or industry-academy cooperation contracts and other related photocopies shall be submitted.

o These training hospitals, under the Program of the General Medical Training Hospital which have been authorized by the Department of Health, Executive Yuan R.O.C. ( Taiwan ), shall submit a photocopy of the certificate of the internship hospital, which was issued by the Department of Health, Executive Yuan R.O.C. ( Taiwan ).  

5. Related screening records from the schoolsthe MOE may review schools’ applications in consultation with designated authorities of the internship organizations, if necessary. The schools shall follow the MOE’s screening results and assist international students whose applications have been approved with residency and other related procedures. The approval or denial of residency shall be decided by the responsible authorities; graduated international students may not reside in Taiwan based on the internship approval documents issued by the MOE.

Article 6
Internship organizations that accept international student graduates may not violate public order or good ethics, jeopardize national security, public welfare and national health nor have risks of serious occupational fatality or injury. They shall purchase accident and other related insurance for international students according to the internship contents and types.

The internship organizations shall sign internship contracts with the international student graduate interns to specify their mutual rights and obligations.

Article 7
The duration of each internship permit for international student graduates who may apply for duration extension is no more than one year after graduation.  If these students are short less than one year of their internship, they may have additional time to complete their one year internships.  However, they must submit an internship extension application to their schools, which has been stamped by their internship organization one month before their original internship is to end.  After the approved extension has been received by the schools, international students shall take their stamped applications with the school’s official seals to their local service centers of the National Immigration Agency, to proceed with the residency extension procedures.

During their internship, international student graduates shall submit internship reports stamped by their internship organizations which are to be sent to their schools every three months for the schools’ references of approval or denial of an internship duration extension. If this is not done, then the universities may inform the MOE to cancel their internship permits.

Article 8
Regardless if they have internship approval by the MOE or not, if the international students cannot graduate as scheduled and violate Regulation 2, the schools shall immediately inform the MOE, and then inform the local service centers of the National Immigration Agency to annul their residency permits only after MOE completes its annulment of the internship permits.

Article 9

During their internships, international student graduates shall comply with domestic

laws, decrees and regulations. They may not switch to another internship organization without the MOE’s approval or their schools’ approval, and they may only engage in work consistent with the nature of their internship.

The internship organizations shall immediately inform the schools of any graduated international students who violate the above mentioned regulation. The schools shall immediately inform the MOE of any violation ascertained following an investigation. The schools must then inform the local service centers of the National Immigration Agency regarding their residency permits.  If the schools fail to handle or neglect such related matters, the MOE, upon consideration of the circumstances, may defer the schools’ internship applications of graduated international students for the next year or decrease the graduated international student internship quota.  If graduated international students are going to receive general medical internships, they should follow the regulations of the General Medical Training Hospital, since it has been authorized and approved by Department of Health, Executive Yuan R.O.C. ( Taiwan ).

Article 10
If there is unlawful conduct by the internship organizations that affect the rights of graduated international students, the graduated international students, after reporting this unlawful conduct to the schools and their information is deemed true after an investigation, the MOE may terminate the internship contracts with the internship organizations. The schools shall then assist graduated international students to switch to another internship organization and inform the MOE and the local service centers of the National Immigration Agency.

If an international student graduate experiences problems adapting or performs poorly, and this information is ascertained following an investigation by a college or university, the internship organization may terminate the internship contract with the international student graduate.  Schools shall immediately inform the MOE, and all related organizations and the local service centers of the National Immigration Agency to cancel his/her residency permits after the MOE’s annulment of the internship permits.

Article 11
When paying the graduated international students subsidies during their internships, the internship organizations shall withhold income taxes pursuant to the Income Tax Act. Any graduated international student, who resides in Taiwan for at least 183 days in a taxable year, shall file an individual income tax return.

Article 12
All international student graduates shall join in the National Health Insurance Program pursuant to the National Health Insurance Act during their residency in Taiwan.

Article 13
The MOE may visit the schools or internship organizations regularly or irregularly, and commend well-performed enterprises, judicious persons and schools publicly.

Data Source: Laws and Regulations Retrieving System