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英譯法規內容

法規名稱(Title) Technical and Vocational Education Act Ch
公發布日(Date) 2019.12.31
法規沿革(Legislative) 1.Order Hua Zong Yi-Yi-Zi No. 10400002681 Promulgated January 14, 2015
2.Presidential Decree Hua Zong (Yi) Yi.Zi. No. 10800141691 issued December 31, 2019: Amendments to Article 25 and Article 26
法規內文(Content)   Chapter 1 General Provisions

Article 1
  This Act has been formulated in order to put in place a technical and vocational education (hereinafter referred to as “TVE”) system for training skilled people, to foster people’s proper understanding and appreciation of vocations and professions, to put in place TVE teaching of useful practical skills, and to train skilled people for all trades and industries.

Article 2
  In this Act, the term “competent authority” refers to the Ministry of Education at the central government level; to the municipal government at municipality level; and to the county (city) government at the county (city) level.
  When any matter stipulated in this Act involves an industry area over which another competent authority exercises administrative oversight, each competent authority shall work in coordination with the other competent authority involved.

Article 3
  The terms used in this Act are defined as follows:
  1. Career information education: refers to education to provide students with knowledge and understanding, exploration, and personal experience of various vocations and occupations.
  2. Basic vocational education: refers to education that provides students with the professional knowledge, skills, and professional ethics and self-restraint required to join the workforce, and establishes a sense of pride in their future technical or vocational profession.
  3. Vocational continuing education: refers to education that provides currently working people, or those transferring to another position or into another field, with the specialized skills and/or vocational training required for the workplace.
  4. Technical and vocational education institutions: refers to skills-based senior high schools; general senior high schools with affiliated vocational program divisions; comprehensive senior high schools that provide vocational programs; junior colleges; institutes of technology; and universities of science and technology.
  5. Technical and vocational colleges and universities: refers to junior colleges; institutes of technology; and universities of science and technology.
  6. Vocational training institutes: refers to vocational training institutes registered or approved to be established in accordance with the Vocational Training Act.



  Chapter 2    Planning and Management of Technical & Vocational Education

Article 4
  In order to formulate macro policies and programs to train and educate skilled people necessary for national economic and industrial development, the Executive Yuan shall regularly convene meetings of its Technical and Vocational Education Advisory Committee and invite the ministers of the Ministry of Education, the Ministry of Labor, the Ministry of Economic Affairs, the National Development Council, and other related ministries and government bodies to attend. The Executive Yuan shall prescribe the regulations governing the appointment of members of the committee, and its organization and operation.
  The programs referred to in the preceding paragraph shall be comprehensively reviewed at least once every two years and the review findings shall be made public.

Article 5
  The central competent authority shall conduct surveys to gather TVE-related data and generate statistics, or else appoint or commission a university or college, corporation, agency or organization, or group to do so.
  The central competent authority for each industry area shall compile information about the skilled people needed by the industries under its jurisdiction and submit survey findings and forecasts about the skilled personnel demands of those industries to the central competent authority.
  The central competent authority shall regularly make public the TVE-related statistical data referred to in Paragraph 1 and information about all levels and all categories of industry, employment developments, and personnel demands.

Article 6
  Each competent authority at municipality level and county (city) level shall submit a TVE report to the central competent authority every three years, and the central competent authority will use these reports when formulating TVE development reports.

Article 7
  The competent authority shall weigh and consider regional industry needs and people’s employment needs and plan the provision of TVE aligned with social, economic, and technical development, in the schools, colleges, and universities under its jurisdiction, that is aligned with social, economic, and technical development/developments.
  When a competent authority at municipality level or county (city) level achieves substantial results organizing the provision of TVE, the central competent authority may allocate it a grant of funds as an incentive reward. The regulations governing the eligibility criteria, form, and any other compliance matters associated with such incentives shall be prescribed by the central competent authority.

Article 8
  Each competent authority shall invite suitable government bodies, scholars & experts, leading members of society, business and industry sector representatives, representatives of educational institutions, representatives of teachers' organizations, and representatives of industry (professional) associations and/or unions to form a technical and vocational education advisory committee to advise on matters related to TVE.
  People of any one gender must comprise at least one-third of the members of the technical and vocational education advisory committees referred to in the preceding paragraph.



  Chapter 3  Provision of Technical & Vocational Education

    Section 1  Career Information Education

Article 9
  Elementary schools, junior high schools, and senior secondary schools shall offer courses that provide vocational information and workplace visits, and career guidance courses or incorporate vocational information, workplace visits, and career guidance into other courses, in order to provide students with opportunities to learn about different vocational possibilities and establish an informed understanding and appreciation of different occupations.
  The curriculum guidelines of elementary schools and junior high schools shall incorporate vocational knowledge and exploration content; junior high schools and senior secondary schools shall arrange visits to related businesses and industries for students.

Article 10
  In order to provide career information education, junior high schools may work with technical and vocational education institutions or with vocational training institutes to provide practical arts education.
  The respective rights and obligations of the junior high school and of the vocational training institute shall be set out in a written agreement and the school shall submit a copy to the competent authority to be put on record.
  The central competent authority shall provide a standard agreement template for the format and content of the written agreement referred to in the preceding paragraph and specify mandatory content and matters which such agreements are not permitted to include.

    Section 2  Basic Vocational Education

Article 11
  Senior secondary and higher level educational institutions which offer basic vocational education may design their vocational courses jointly with relevant industries, set up appropriate program arrangements, and at the same time foster students' professional ethics, and their career development, and knowledge and awareness of labor and technology laws and regulations. These educational institutions shall also regularly update design of these courses.
  Senior secondary and higher level educational institutions may plan and design the vocational courses referred to in the preceding paragraph based on the vocational competence criteria prescribed by the central competent authority in charge of each related industry sector to provide students with the vocational competencies they need to find employment.
  The vocational competence criteria set by the central competent authority in charge of each of the various industry sectors in accordance with the Statute for Industrial Innovation shall be reviewed, updated, and adjusted at least once every two years, taking into account social developments and changes in the industry sector, and the updated versions shall be publicly posted on a dedicated information platform.
  Technical and vocational colleges and universities shall review their course curriculums each year, in the light of the vocational competence criteria prescribed by the central competent authority of each related industry sector.

Article 12
  Senior secondary and higher level educational institution may offer internship programs that accord with the nature of their divisions, departments, institutes, and academic programs.
  If the internship programs referred to in the preceding paragraph involve off-campus internships, the educational institution shall prescribe the regulations governing the implementation methods, internship venues, teachers, calculation of course credits, guidance and counseling, and other associated matters, except when the internships are subject to the provisions of other ordinances. When a senior secondary or higher level educational institution that is providing off-campus internship programs requires a government institution (agency) or public enterprise or organization to set an internship quota, the matter shall be handled as follows:
  1. Government institutions (agencies): The educational institution shall submit a written report including the plan for the proposed off-campus internship program to the competent authority in charge of the educational institution for it to review on a case by case basis in consultation with the government institution (agency) involved.
  2. Public enterprises and organizations: The competent authority in charge of the educational institution may consult with the competent authority in charge of the public enterprise or organization and request it to contact the enterprise or organization under its jurisdiction and request that subsidiary unit to provide the quota, intended recipients, and form of the internships. On the basis of the results of the consultations, the competent authority in charge of the educational institution shall summarize the information about the off-campus internship program and the recruitment of technical students, and make this public. The allocation of internship places will then be decided through a selection or screening process.

Article 13
  The competent authority shall conduct appraisals of the internship programs organized by senior secondary and higher level educational institutions. The regulations governing what the appraisals must include and any other related compliance matters shall be prescribed by the central competent authority.
  The competent authority may give incentive rewards to senior secondary and higher level educational institutions, collaborating organizations, and their personnel involved in providing internship programs that achieve outstanding results.
  When a collaborating organization that works with one or more senior secondary and higher level educational institutions to provide off-campus internships offers an internship quota to an educational institution for a long period, and the number of students who have done an internship with that collaborating organization and are subsequently formally employed as staff members, after going through a selection procedure after their graduation, reaches a specific proportion set by the central competent authority, the competent authority shall report this to the central competent authority which shall request the central competent authority in charge of the associated industry to give an incentive reward to that collaborating organization.

Article 14
  Senior secondary and higher level educational institutions may appoint experts from the industry sector to collaboratively provide teaching.
  The regulations governing the assessment and endorsement, rights and obligations, and management of the experts from the industry sector referred to in the preceding paragraph, the courses offered by senior secondary and higher level educational institutions, and any other associated compliance matters shall be prescribed by the central competent authority.
  The competent authority shall give incentive rewards to enterprises in which a large number of their employees participate in teaching the internship programs provided by senior secondary and higher level educational institutions.

Article 15
  Senior secondary and higher level educational institutions shall encourage their teachers and students to take part in skills competitions and to obtain professional certificates pertinent to the area of their studies and later employment, to increase students’ ability to find employment. The competent authority may give incentive rewards to senior secondary and higher level educational institutions that achieve outstanding related results.
  The central competent authority in charge of each industry sector shall organize a list of all the professional certifications pertinent to the industries under their respective jurisdictions and submit it to the central competent authority to regularly make public.
  Regulations governing the assessment and endorsement of the professional certifications referred to in the preceding two paragraphs, and the eligibility criteria, the form of incentive rewards, and any other compliance matters pertaining to the incentive rewards referred to in Paragraph 1 shall be prescribed by the central competent authority in consultation with each central competent industry authority involved.

Article 16
  Skills-based senior high schools, general senior high schools with affiliated vocational program divisions; and comprehensive senior high schools that provide vocational programs may draw up specific case plans for a vocational training program that they want to offer to train entry level skilled workers for a specific industry and submit the plans to its competent authority for review. The vocational training program may only be provided if the competent authority gives its approval.
  The vocational training program referred to in the preceding paragraph are not subject to the restrictions on student eligibility, admission, delineation of school districts, courses, and assessment of learning stipulated in the provisions of Chapter 6 and Chapter 7 of the Senior High School Education Act.

Article 17
  Junior colleges and institutions of higher education may work with the industry sector to offer vocational training programs to provide basic vocational education.
  The junior colleges and institutions of higher education shall draw up an implementation plan setting out the qualifications of the instructors, curriculum design, operation mode, calculation of course credits, workplace internships, and guidance and counseling aspects of the vocational training programs referred to in the preceding paragraph and submit the plan to its competent authority to review. If the competent authority gives approval, the plan may then be implemented.

Article 18
  Technical and vocational colleges and universities shall enhance their vocational competence-oriented programs and work with skills-based senior high schools, general senior high schools with affiliated vocational program divisions, and comprehensive senior high schools that provide vocational programs, to jointly set up mechanisms articulating their respective programs to facilitate the fostering of students’ vocational competencies.

Article 19
  Technical and vocational colleges and universities may give preferential enrollment to students who have specific practical work experience and these colleges and universities shall add regulations governing the assessment and recognition of applicants’ practical work experience and related preferential treatment to the rules and regulations pertaining to student recruitment and admission. These additional regulations may be implemented after they have been reviewed and approved by the student recruitment committee and then endorsed by the central competent authority.

    Section 3 Vocational Continuing Education

Article 20
  Vocational continuing education may be provided by senior secondary and higher level educational institutions or vocational training institutes.
  Senior secondary and higher level educational institutions shall provide academic degrees, graduation diplomas, credit certificates, or certification of the number of course hours that a student has completed, in accordance with to the form of vocational continuing education that a student has received.
  Vocational continuing education shall primarily offer workplace skill related courses for people who are currently working or transferring to another position or field. The courses may be planned and designed in the light of the vocational competence criteria set by the central competent authority of the related industry sector and the courses will be updated regularly.
  The regulations governing who will be recruited for the vocational continuing education referred to in the preceding paragraph, its course design, learning assessment, eligibility qualifications, admission, and any other compliance matters shall be prescribed by the central competent authority. When necessary, the central competent authority may consult with the central competent labor authority and exempt a vocational continuing education program from the restrictions on admission stipulated in Articles 35 to 40 of the Senior High School Education Act, and on the curriculum and assessment of learning referred to in Chapter 7 of the same Act, from the restrictions on recruitment stipulated in Paragraph 2 of Article 31 of the Junior College Law; and from the restrictions on recruitment stipulated in the latter part of Paragraph 1 of Article 24 of the University Act.

Article 21
  Senior secondary and higher level educational institutions organizing provision of vocational continuing education may arrange for students to go into workplaces to undertake education and training courses.
  The education and training courses undertaken in workplaces referred to in the preceding paragraph shall be jointly planned and designed by the senior secondary or higher level educational institution and the collaborating organization, and the educational institution and collaborating organization shall sign a written occupational education and training agreement with the students.
  The written occupational education and training agreement referred to in the preceding paragraph shall explicitly set out the content of the education and training; the rights and obligations of the educational institution, the collaborating organization, and the students; the assessment of learning; and the graduation requirements.
  The central competent authority shall provide a standard agreement template for the format and content of the written agreements referred to in the preceding paragraph and shall specify what matters such agreements must include and what they are not permitted to include.
  The central competent authority shall provide a standard agreement template for the format and content of the written agreement referred to in the preceding paragraph and specify mandatory content and matters which such agreements are not permitted to include
  When students go into workplaces to receive education and training courses in accordance with Paragraph 1, the competent authority in charge of the educational institution may, if necessary, conduct on-site inspections. The findings of such inspections may be used as reference material when reviewing the educational institution’s annual adjustment of its divisions, departments, institutes, academic programs, and courses, or for financial incentive rewards.

Article 22
  When organizing the provision of vocational continuing education, vocational training institutes shall draw up a vocational continuing education implementation plan, setting out the qualifications of the instructors, curriculum, operation mode, and calculation of course credits, and it may implement the plan after it has been approved by the competent authority.
  The regulations governing the approval of programs, assessment and recognition of learning results, and any other compliance matters associated with the vocational continuing education referred to in the preceding paragraph shall be prescribed by the central competent authority in consultation with the central competent labor authority.

Article 23
  The competent authority may commission academic groups or professional accreditation organizations to assess and undertake inspection visits of the vocational continuing education provided by vocational training institutes, and make the results public. The regulations governing the assessments, inspection visits, and any other compliance matters shall be prescribed by the competent authority.



  Chapter 4  Technical & Vocational Education Teachers

Article 24
  Pre-service teacher education programs to qualify people to teach in elementary, junior high, and senior secondary schools shall include subjects related to vocational education and training and to career planning as compulsory credit courses.
  The pre-service teacher education programs to qualify people to teach subjects in vocational area programs in senior secondary schools shall include a training internship of at least 18 hours in a related industry that will be arranged by a university providing teacher education and training.

Article 25
  Teachers of vocational subjects and technical subjects at technical and vocational education institutions shall have had at least one year of actual practical work experience in an industry sector related to the subject area in which they are appointed to teach. However, this restriction does not apply to people to whom either of the circumstances below pertain:
  1. Any person who was already appointed and working as a fulltime qualified teacher when this Act came into effect on January 14, 2015.
  2. Any person who on July 30, 2019 had a teacher’s certificate qualifying them to teach a particular subject at a skills-based senior high school, a general senior high school with affiliated vocational program divisions; or a comprehensive senior high school providing vocational programs and been to work at a senior secondary school as a fulltime qualified teacher of a vocational subject or a technical subject.
  The standards for the assessment and endorsement of teachers’ actual practical work experience in an industry sector corresponding to the subject area in which they are appointed to teach referred to in the preceding paragraph shall be prescribed by the central competent authority.
  When appointing qualified full-time teachers to teach vocational subjects and technical subjects, senior secondary schools shall give preference to appointing persons who have had at least one year of actual practical work experience in an industry sector related to the subject area in which they will teach if they are appointed, and to persons referred to in Paragraph 1, Subparagraph 1. If vacant teaching positions are still available, persons referred to Paragraph 1, Subparagraph 2 who do not have at least one year of work experience may be appointed.

Article 26
  After every six years of working at a technical and vocational education institution, qualified teachers of vocational subjects or technical subjects; professional and technical staff; and vocational and technical subject instructors shall go and undertake at least a half a year of study or research related to their professional or technical area of expertise with an organization that collaborates with their technical and vocational education institution, or with an industry related to the subject area in which they teach. The regulations governing the study or research of technical and vocational education institution staff shall be prescribed by the central competent authority.
  During the time that a person is undertaking the study or research referred to in the preceding paragraph, the technical and vocational education institution shall retain the person’s post, pay their salary, and grant their official leave. It shall also sign a written agreement with the person beforehand stipulating the start date and end date of the study or research; service obligations; the circumstances under which a breach of the provisions incurs a mandatory repayment of expenses; the accounting criteria; and compulsory implementation matters.
  When, in response to its teaching or business requirements, a technical and vocational education institution makes recommendations for, or assigns, or permits any of its teachers, professional and technical staff, or vocational and technical teachers to engage in study or research with a collaborating organization or with an industry related to the subject area in which a person teaches, the way that this is carried out is not subject to the restrictions set out in the preceding two paragraphs.
  Technical and vocational education institutions shall invite their collaborating organizations or related professional groups or industries to jointly plan and conduct the industry related study or research referred to in Paragraph 1; when necessary, assistance may be provided by the competent authority.
  The competent authority may give incentive rewards to technical and vocational education institutions which achieve outstanding results promoting and implementing their qualified teachers of vocational subjects or technical subjects, professional and technical staff, and vocational and technical instructors regularly going into their respective industry areas and engaging in research or study.



  Chapter 5 Supplementary Provisions
 
Article 27
  The central competent authority may consult with the central competent authority for the related industry sector and reward individuals or groups that have made a positive contribution to the research and development of TVE equipment or facilities, or donated equipment or facilities for learning or experiment use, or provided internship opportunities and occupational competency training for students.

Article 28
  The enforcement rules for this Act shall be prescribed by the central competent authority.

Article 29
  This Act is effective from the date of promulgation.