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Title: MOE Regulations Regarding International Students Undertaking Studies in Taiwan Ch
Date: 2012.05.21
Legislative: 1. Announced on June 21,1973
2. Amended on December 21, 1976
3. Amended on July 17, 1985
4. Amended on May 14, 1990
5. Amended on May 2, 1994
6. Amended on August 13, 1997
7. Amended on December 29, 1999
8. Amended on September 9, 2002
9. Amended on February 27, 2003
10. Amended on July 13, 2005
11. Amended on June 22, 2006
12. Amended on January 18, 2008
13. Amended on December 30, 2010 and effective on February 1, 2011
14. Amended on August 11, 2011 and effective on August 1, 2011
15. Amended on May 21, 2012 and effective on August 1, 2012
Content:
Article 1 This regulation is promulgated according to Article 25 of the University Act, Article 26 of the Junior College Act, Article 4-1 of the Vocational School Act, Article 3-1 of the Senior High School Act, and Article 6 ,Paragraph 3 of the Compulsory Education Act.
Article 2 An individual of foreign nationality, who has never held nationality status from the Republic of China (“R.O.C.”) and who does not possess an overseas Chinese student status at the time of their application, is qualified to apply for admission under this regulation.
An individual of foreign nationality, pursuant to the following requirements and who has resided overseas continuously for no less than 6 years is also qualified to apply for admission under this regulation. However, an individual who plans to apply for study at a department of medicine, dentistry or Chinese medicine must have resided overseas continuously for no less than 8 years.
1. An individual who also is a national of the R.O.C. , but does not hold nor has had a household registration in Taiwan.
2. An individual who also was a national of the R.O.C. but has no R.O.C. nationality at the time of their application shall have an annulled status regarding their R.O.C. nationality for no less than 8 years after an annulment of R.O.C. nationality by the Ministry of the Interior.
3. Regarding individuals mentioned in the preceding 2 subparagraphs, they must not have studied in Taiwan as an overseas Chinese student nor received placement permission during the same year of the application by the University Entrance Committee for Overseas Chinese Students.
According to the Education Cooperation Framework Agreement, a foreign national who was selected by a foreign government, organization, or school, and does not hold a household registration from the time of their birth is not subject to the limitations as prescribed in the preceding 2 paragraphs after receiving the approval from the authorized educational government agencies.
The six and eight year calculation period as prescribed in Paragraph 2 shall be calculated from the starting date of the semester (Feb. 1st or Aug. 1st) as the designated due date for the time of study.
The term “overseas” as prescribed in Paragraph 2 is limited to countries or regions other than Mainland China, Hong Kong and Macau; the term “ reside overseas continuously” means that an individual may stay in Taiwan for no more than a total of 120 days per calendar year.  The only exceptions to this method of calculation are for those who fulfill one of the following requirements with written supportive proof:
1.  Attended overseas youth training courses organized by the Overseas Compatriot Affairs Council or technique training classes accredited by the Ministry of Education (the“Ministry”);
2.   Attended a Mandarin Chinese language center at a university/college  of which foreign student recruitment is approved by the Ministry, and to which the total length of stay is less than 2 years; 
3.  Exchange students, whose length of total exchange is less than 2 years; or
4.  An Internship in Taiwan which has been approved by an authorized central government agency, to which the total length of stay is less than 2 years.
An individual, who has both foreign and R.O.C. nationalities and has applied for an annulment of their R.O.C. nationality before Feb. 1st, 2011, the effective date of this amendment, will then be qualified to apply for admission as an international student under the amendment effective before Feb. 1st, 2011 and will not be subject to the limitation as prescribed in Paragraph 2.
Article 3 An applicant of foreign nationality, concurrently holding a permanent residence status in Hong Kong or Macao, having no history of a household registration record in Taiwan and, at the time of application, has resided in Hong Kong, Macao, or another foreign country for no less than 6 years is qualified to apply for admission under these regulations. However, an individual who plans to apply for study at a department of medicine, dentistry, or Chinese medicine must reside overseas continuously for no less than 8 years.
The term “reside overseas continuously” mentioned in the preceding paragraph  means an individual may stay in Taiwan for no more than a total of 120 days per  calendar year. However, such a term may be exempt, if any of the conditions prescribed in Subparagraphs 1 through 4, Paragraph 5 of the previous Article applies and is supported with written proof, and the said domestic length of stay shall be excluded from the overseas length of residency.
An applicant being a former citizen of Mainland China and holds a foreign nationality, having no history of household registration record in Taiwan, and at the time of application, has resided overseas continuously for no less than 6 years is qualified to apply for admission under these regulations. However, an individual who plans to apply for study at a department of medicine, dentistry, or Chinese medicine must reside overseas continuously for no less than 8 years. 
The term “reside overseas continuously” means an individual may stay in Taiwan for no more than a total of 120 days per calendar year. However, such a term may be exempted if any of the conditions prescribed in Subparagraphs 1 through 4, of Paragraph 5 of the previous Article, applies and is supported with written proof, and the said domestic length of stay shall be excluded from the overseas  length of residency.
The six and eight years calculation period as prescribed in Paragraph 1 and Paragraph 3 shall be calculated from the starting date of the semester (Feb.1st or Aug.1st) as the designated due date for the time of study.
The term overseas as prescribed in paragraph 5 in previous article shall apply to paragraphs 1 to 4.
Article  4 Upon completion of the course of study, at a school in Taiwan, to which an international student has applied, the student's admission to another school academic level shall be handled in a manner identical to the procedures for admission for local students. An exception is that an application for a master’s degree or higher levels of graduate studies can be processed under the procedures of each individual school.
Article  5 The quotas for admission allocated for international students at universities/colleges, two-year junior colleges, five-year junior colleges, junior colleges affiliated to universities, elementary schools through senior high schools should be additional quotas but be no more than ten percent of the number of positions allocated for these schools for local students each year. The number should be calculated into the total number of positions at each school, yearly and reported to the authorized educational government agencies for ratification.
If the quotas for admission, which have been allocated for local students, have not been filled, a university/college may fill the quotas with international students according to the total number of designated yearly positions.
The quotas for admission prescribed in Paragraph 1, do not include international students with a non-degree status.
Article  6 Universities/colleges are responsible for establishing international student recruitment guidelines and must get approval from the Ministry. Universities/colleges shall set up accordingly a set of entrance procedures that outline the degree programs offered, the duration of study, quotas for admission, qualifications and requirements, reviewing or screening methods, along with other related information.
Article  7 International students applying for admission to universities/colleges shall submit their applications directly to the schools of their choice during the schools’ designated application periods. Those applicants that qualify through  the review or screening process will be granted admission by the school. The following application documents need to be submitted:
1. Application form.
2. Academic credentials: 
(1)Academic credentials from Mainland China: The Regulations Governing the Accreditation of Schools in Mainland China shall apply. 
(2)Academic credentials from Hong Kong or Macao: Academic Credential Verification and Accreditation Methods adopted in Hong Kong and Macao shall apply. 
(3)Academic credentials from other areas:
1. Academic credentials earned at overseas Taiwan schools or Taiwan schools in Mainland China shall be regarded as the same as those at domestic schools with equivalent levels. 
2. Academic credentials referred in the preceding 2 Items shall be subject to the Regulations Regarding the Assessment and Recognition of Foreign Academic Credentials for Institutions of Higher Education. However, academic credentials earned from schools or branches established in Mainland China by foreign schools shall require public notarization in Mainland China and be verified and examined by an institute established or appointed by, or through a private agency commissioned by the Executive Yuan. 
3. Financial proof that shows financial sustainability for study in Taiwan, or proof of full scholarship provided by a government agency, university, college, or private organization. 
4、Others as required by the respective schools. 
A school that reviews the application documents without verification by overseas consulates, representative offices, agencies of the country or other bodies authorized by the Ministry of Foreign Affairs (hereinafter referred to as ‘Overseas Agencies’) or institutes established or appointed by the Executive Yuan, or a private agency commissioned by the Executive Yuan as prescribed in subparagraphs 2 and 4 of the preceding paragraph may request for verification.  If the said documents have been verified, the school may request examination of the documents.
Article  8 An international student who has completed a bachelor’s degree or a higher degree in Taiwan and applies for a master’s program shall be exempt from the rules listed in Article 7, Paragraph 1, Item 2, provided that a graduation certification and transcript for each consecutive semester issued from the schools in Taiwan shall be enclosed.
International students who have graduated from private high schools, lower grade schools for international residents in Taiwan, or from bilingual programs affiliated with senior high schools, or from a foreign curriculum department and classes at private senior high schools or below must submit credentials and transcripts for each academic semester to apply for admission under Article 7, and are exempt from the Article 4 and Paragraph1, Subparagraph 2, of the preceding Article.
Article  9 Universities/colleges offering admission to international students shall promptly register into the international student data management information system designated by the Ministry the following: school entrance, transfer, suspension or dismissal and any change or loss of student status.
Article  10 International students may not apply for Extension Programs at universities/colleges designed for returning education students, part-time, in-service courses of Master programs, or other programs, which are restricted to night classes and classes during holidays. International students who have obtained legal resident status in Taiwan, or are enrolled in a program ratified by this Ministry, are exempted from this Article.
Article  11 An international student reporting to a university, college, 5-year junior college, junior colleges affiliated with universities, elementary schools through senior high schools for registration at the time not beyond one-third of the first semester of the current school year shall register for the first semester; or at the time beyond one-third of the first semester of the current school year shall register for the second semester or the next school year, unless otherwise stipulated by the authorized educational government agencies. 
Article  12 An international student who has been approved for an internship after their graduation from a university in Taiwan may have his or her international student status may be extended for one year at most after graduation.
During the course of study in Taiwan, international students, who have undertaken initial household registration, resident registration, naturalization or restoration of the R.O.C. nationality, will lose their international student status and shall be dismissed by the school.
International students who are dismissed from schools after admission due to behavior issues, poor academic performance or a conviction under the Criminal Law may thereafter not apply for admission under this regulation.
A university or college shall integrate the procedures regarding how to accept international students transferring into its international recruitment guidelines, which will be subject to the Ministry’s approval. However, an international student that has been dismissed by a school that accepts the said student, due to behavior issues or a conviction under the Criminal Law may not transfer to another university or college.
Article  13 Universities/ colleges may sign education cooperation agreements with foreign schools and recruit international exchange students. Universities/ colleges may apply this regulation to accept international students as non-degree seeking students with the condition that it will not compromise normal teaching routines. 
With approval from the authorized educational government agencies , elementary schools through senior high schools may recruit international  students for short-term periods of study of less than one year in Taiwan.
Article  14 Schools of all levels establishing special international student programs under international academic cooperation programs or special circumstances shall comply with their respective total quantity development scale and follow the regulations governing resource conditions, in addition to filing an application with the authorized educational government agencies which will be subject to approval from the Ministry.
Article  15 In order to grant support to outstanding international students at universities/colleges, the Ministry may set up or subsidize universities/colleges to set up international student scholarships.
Universities/colleges shall provide funds for setting up scholarships or financial aid to encourage international students that are studying in Taiwan.
Article  16 Universities/colleges shall designate units or personnel to handle international student applications, consultation, liaison, and other related matters. In addition, these units or personnel shall reinforce the arrangement of home stay lodging for international students, and assist them to learn Mandarin Chinese and Taiwan culture in order to better enhance their understanding about Taiwan.
Universities/colleges shall host activities to foster international exchange, globalization on campus, or other events helpful to interactions between international and local students, during each school year.
Article  17 5-year junior colleges, junior colleges affiliated with universities, elementary schools through senior high schools offering admission to international students shall, in addition to complying with Article 20 which concerns recruitment of international students with legal resident status in Taiwan, shall prepare their respective international student recruitment plan and submit the said plan to the authorized educational government agencies for approval no later than November 30 each year before their respective recruitment begins. The authorized educational government agencies at the respective municipality, county, and city shall submit their respective approved lists of schools to the Ministry for review no later than December 31 of each year. 
The plan mentioned in the preceding Paragraph shall include the establishment of the dedicated units responsible for international students, curriculum with emphasis on Mandarin Chinese and Taiwan culture learning, and measures regarding accommodation for international students.
The countries and quota for international student recruitment pertaining to Paragraph 1 may be stipulated by the Ministry after consulting with the Ministry of the Interior and the Ministry of Foreign Affairs, if necessary.
Article  18 Unless otherwise specified in Article 20, international students applying for admission to elementary schools through senior high schools shall submit the following papers and directly apply for admission to the respective school during the period designated by the respective school. Admission letters will be issued if the review or examination finds the applicant qualified after submitting:
1. Application form.
2. Academic credentials: 
(1)Academic credentials from Mainland China: The Regulations Governing Accreditation of Schools in Mainland China shall apply. 
(2)Academic credentials from Hong Kong or Macao: Academic Credential Verification and Accreditation Methods adopted in Hong Kong and Macao shall apply. 
(3)Academic credentials from other areas:
1. Academic credentials earned at overseas Taiwan schools or Taiwan schools in Mainland China shall be regarded as the same as earned in domestic schools of equivalent levels. 
2. Academic credentials referred in the preceding 2 Items shall be subject to the related regulations regarding the assessment and recognition of foreign academic credentials. However, academic credentials earned from schools or branches established in Mainland China by foreign schools shall require public notarization in Mainland China and be verified and examined by an institute established or appointed by the Executive Yuan, or a private agency commissioned by the Executive Yuan.
3. Financial proof of applicant’s sufficient funds to support them while studying in Taiwan.
4. Documents of the eligibility of a legal guardian in Taiwan.
5. Power of Attorney by student’s parents or any other legal representative to the guardian in Taiwan, which must also be verified by Overseas Agencies.
6. Letter of Agreement from a legal guardian in Taiwan, which must be notarized.
7. Additional documents, as required by respective schools.
Academic credentials stipulated in Subparagraph 2 of the preceding Paragraph may be exempted if the enrollment application is filed for the first semester for the first grade of elementary school.
A school that reviews the application documents without verification by Overseas Agencies or institutes established or appointed by the Executive Yuan or a private agency commissioned by the Executive Yuan as prescribed in Subparagraphs 2, 3, and 7 of Paragraph 1 may request verification. If the said documents have been verified, the school may request examination of the documents.
Article  19 The legal guardian in Taiwan referred in the preceding Article shall mean a R.O.C. citizen who has passed a police criminal record check and who has a tax report for the latest fiscal year issued by a tax administration office showing a general annual income more than TWD 900,000. 
A person that qualifies the prescribed qualifications in the preceding Paragraph 1 will be able to serve as a guardian in Taiwan for one international student.
Article  20 International students who are having acquired legal resident status in Taiwan and applying to study at an elementary school, junior high school and senior high school may directly apply for a school near his or her residency by submitting the following papers. The school which approves the said application shall submit a roster to the authorized educational government agencies as a reference: 
1. An enrollment application form. 
2. A photocopy of a legal resident certificate.
3. Academic credentials: 
(1)Academic credentials from Mainland China: The Regulations Governing Accreditation of Schools in Mainland China shall apply. 
(2)Academic credentials from Hong Kong or Macao: Academic Credential Verification and Accreditation Methods adopted in Hong Kong and Macao shall apply. 
(3)Academic credentials from other areas:
1. Academic credentials earned at overseas Taiwanese schools or Taiwanese schools in Mainland China shall be regarded as the same as earned at domestic schools of equivalent levels. 
2. Academic credentials referred in the preceding 2 Items shall be subject to the related regulations regarding the assessment and recognition of foreign academic credentials. However, academic credentials earned from schools or branches established in Mainland China by foreign schools shall require public notarization in Mainland China and be verified and examined by an institute established or appointed by the Executive Yuan, or a private agency commissioned by the Executive Yuan.
Academic credentials stipulated in Subparagraph 3 of the preceding Paragraph may be exempt if the enrollment application is filed for the first semester of first grade of elementary school.
A school that reviews the application documents without verification by Overseas Agencies or institutes established or appointed by the Executive Yuan, or a private agency commissioned by the Executive Yuan as prescribed in Subparagraphs 3 of Paragraph 1 may request verification.  If the said documents have been verified, the school may request examination of the documents.
An international student as mentioned in Paragraph 1 being denied of enrollment due to the selected school’s filled recruitment quota may apply for assistance from the authorized educational government agencies to enroll in a school with available recruitment quotas. 
Elementary schools through senior high schools may assign the said international student to an appropriate grade level or to become an auditing student according to the examination results of the applicant referred to in Paragraph 1. The said audit shall be limited to no longer than one year; the respective student’s enrollment status will be recognized if the student successfully passes all examinations.
Article  21 Fees that are to be paid by International students in Taiwan should be calculated by using the following:
1. Students who are admitted to study in Taiwan pursuant to article 20 and recipients of MOFA Taiwan Scholarships, under the recommendation of Overseas Agencies, shall pay their tuition and other fees in accordance with the same standards that apply to Taiwan nationals.
2. Students admitted to educational institutions in Taiwan in accordance with an education cooperation agreement shall pay their tuition and other fees that are specified in the agreement.
3. A school that accepts an international student who does not qualify according to the preceding 2 Subparagraphs may apply its own tuition and other fee standards to the said student, and the said standards may not be lower than the standards adopted by other private schools at the same level.
Students that were admitted to study in Taiwan before the effective date of the February 1, 2011 amendment shall pay for their own tuition and other fees in accordance with the previous standards.
Article  22 At the time of registration new international students shall present proof of a medical and injury insurance policy which is valid for at least 4 months from the date the student enters Taiwan. Current student shall present written proof that they have joined Taiwan’s the National Health Insurance Plan. 
The abovementioned written proof of insurance issued in a foreign country shall be verified by Overseas Agencies.
Article  23 If international students violate the Employment Services Act, schools or the designated authorities shall immediately handle the cases in accordance with the related laws and regulations after investigation.
Article  24 If international students discontinue their schooling or because of any other reason that causes them to change or lose their student status at the school, the school must notify the Bureau of Consular Affairs of the Ministry of the Foreign Affairs, the Service Center of National Immigration Agency, the Ministry of the Interior, and send copies of these notifications to the Ministry.
Article  25 The authorized educational government agencies may, if necessary, visit schools that admit international students. Any school found in violation of the regulations herein shall be subject to penalty, pursuant to the pertinent laws and regulations.
The authorized educational government agencies may adjust schools’ enrollment quotas for international students, as conditions require, if schools are not pursuant to Article 23.
Article  26 Subparagraphs 1, 3, and 4 of Paragraph 1 of Article 7, Articles 9, 15, 16, 22, and 24 shall apply to the application procedures, scholarships or subsidies, discipline and guidance, and reporting of change or loss of student status due to absence for more than one fourth of the total class hours of a semester regarding  international students that are attending Mandarin Chinese language centers at  universities/colleges in Taiwan.
Article  27 The format of the forms referred to in Subparagraph 1, of Paragraph 1 of Article 7, Subparagraph 1, of Paragraph 1 of Article 18, and Subparagraph 1, of Paragraph 1 of Article 20 shall be defined by the respective schools. The format of the forms referred in Subparagraphs 5 and 6, of Paragraph 1 of Article 18 shall be defined by the Ministry.
Article  28 The Regulations shall take effect on August 1, 2012.
 
Data Source: Laws and Regulations Retrieving System