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Title: Recruitment and Management Regulations Regarding Short-term Supplementary Learning Centers for Foreigners Ch
Date: 2008.06.20
Legislative: 1. Full text of seven articles adopted and issued jointly on 8 June 2006 per Ministry of Education Order No. Tai-San-Zih-0950056183C, Ministry of Foreign Affairs Order No. Bu-Shou-Ling-II-Zih-09569019470C, and Ministry of the Interior Order No. Tai-Nei-Jing-Zih-09508707091; to be enforced from the date of issuance
2. Full text of 11 articles amended and issued on 20 June 2008 per Ministry of Education Order No. Tai-San-Zih-0970108734C; to be enforced from the date of issuance
Content:

Article 1

These Regulations are adopted pursuant to Article 23 of the Supplementary and Continuing Education Act ("the Act").

Article 2

For the purposes of these Regulations, a "short-term supplementary learning center" shall mean one that is approved by the competent educational authority of a special municipality, county, or county-level city (the "local competent authority"), and that has obtained an accreditation certificate.

Article 3

A short-term supplementary learning center may recruit foreign students, subject, unless otherwise stated herein, to the procedures and other compliance requirements set out in the local regulations for the establishment and administration of short-term supplementary learning centers adopted by the relevant local competent authority pursuant to the Act.

Article 4

A short-term supplementary learning center offering programs in teaching Chinese as a second or foreign language may apply to recruit foreign students from abroad to study Chinese in Taiwan ("offshore student recruitment") if it meets the following eligibility requirements:

1. It has received accreditation approval from the relevant local competent authority.

2. It has experience of five or more years in teaching Chinese as a second or foreign language.

3. It has the capability to develop and compile its own Chinese textbooks or teaching materials.

4. None of its foreign students has a criminal conviction record in Taiwan during the three years preceding the date of application.

5. It has not dishonestly or illegally provided any enrollment admission, attendance/absence record, or certification of student status to foreign nationals during the three years preceding the date of application.

6. It has not violated any provision of these Regulations or of any local regulations for the establishment and administration of short-term supplementary learning centers adopted by the relevant local competent authority pursuant to the Act, during the two years preceding the date of application.

The countries to which the offshore student recruitment under the preceding paragraph applies may only be a country whose passport holders require no visa to enter Taiwan or can obtain a visa upon arrival in Taiwan.

Article 5

A short-term supplementary learning center seeking to apply under the preceding article shall, by April 1 of a given year, submit a completed application form, together with the following documentation, to the relevant local competent authority, which will then check and forward the application to the Ministry of Education ("MOE") for approval:

1. A photocopy of the accreditation certificate.

2. A copy of the service agreement, which shall specify the following:

 (1) Rules for student admission, expulsion, and leave of absence, and a requirement that the total hours of leave may not exceed one-fourth of the total course hours.

 (2) Form of student admission, with an indication of the valid period for the admission acceptance, program start and end time, timeframe for initial reporting by students for enrollment, location of class, and name, email, and telephone of the person in charge of the admission matters.

 (3) Course Contents.

 (4) Minimum course hours (no less than 15 hours per week).

 (5) Policy on the collection and refunding of tuition, fees, and charges.

 (6) Guidance manual for foreign students.

3. A list of Chinese language teachers hired for the program, with an indication of their academic and work qualifications and contact information.

4. A catalogue of Chinese textbooks or teaching materials it has compiled or edited.

Article 6

For all received applications submitted under the preceding article, the MOE shall invite members from the Ministry of the Interior, the Ministry of Foreign Affairs, the Council of Labor Affairs under the Executive Yuan ("Council of Labor Affairs"), the relevant local competent authorities, and scholars and experts in the field of teaching Chinese as a second or foreign language to conduct a joint review.

Review results shall be published by June 1 of each year, and the MOE may limit the total number of approvals granted to short-term supplementary learning centers for engaging in offshore student recruitment, having regard to the factors of regional balance and quality control.

An approval granted under the preceding paragraph shall be valid for one year and may be renewed each subsequent year by repeating the same application procedure under these Regulations two months prior to expiration.

Article 7

Upon finding or becoming aware of any regulatory violation or illegal act by a student, a short-term supplementary learning center shall promptly report the instance to the relevant local competent authority, the MOE, the Ministry of Foreign Affairs, the Ministry of the Interior, and the Council of Labor Affairs.

The MOE may void or revoke the approval granted to a short-term supplementary learning center if the learning center is found, during the period it is approved to engage in offshore student recruitment, to have committed a material violation of these Regulations or any local regulations for the establishment and administration of short-term supplementary learning centers adopted by the relevant local competent authority pursuant to the Act.

Article 8

To pursue continuing education at a short-term supplementary learning center, a foreign national who holds legal visitor or resident status in Taiwan shall submit a photocopy of his or her foreign passport and the visitor, resident, or other relevant permission certificate when applying to the learning center for registration.

A foreign national submitting a registration application from abroad to a short-term supplementary learning center approved to offer Chinese-language study courses shall annex the following documentation:

1. A photocopy of the foreign passport.

2. A study plan or statement of purpose.

3. A financial statement showing that he or she has sufficient financial resources available for the duration of study in Taiwan (a minimum of NT$150,000 is required for a three-month program).

No foreign national under the age of 18, or who has previously attended a Chinese-language study program in Taiwan and has committed an illegal act during the duration of study, is allowed to submit a registration application to a short-term supplementary learning center from abroad to study Chinese.

Article 9

When a foreign national holding a legal visitor or resident status pursues continuing education at a short-term supplementary learning center, the term of study may not extend beyond the period approved for his or her short-term stay or residence.

When a foreign national submits a registration application from abroad to study Chinese at a short-term supplementary learning center, the term of study may not extend beyond the period approved for his or her short-term stay or residence, and the aggregate duration of the study may not exceed one year and six months.

Article 10

A short-term supplementary learning center shall periodically prepare a list of foreign students who have registered to take courses, and file it for recordation with the relevant local competent authority, with a copy to the immigration authority, specifying the foreign name, gender, birth date, passport number and nationality, date of arrival, approved duration of stay, location of class, program start and end time, and attendance/absence information for each student. The same shall also apply for any change that occurs after foreign students have registered.

A short-term supplementary learning center approved to engage in offshore student recruitment shall periodically submit a list of foreign students, and update the information contained in the list, through an internal network platform designated by the MOE, and shall include such information as the foreign name, gender, birth date, passport number and nationality, date of arrival, approved duration of stay, location of class, program start and end time, and attendance/absence information for each student.

Article 11

These Regulations shall be in force from the date of issuance.