The eligibility of professional and technical personnel to perform professional services shall be determined by examination in accordance with this Act.
The term "Professional and technical personnel" in this Act refers to persons with specialized skills or knowledge gained through modern education or training, who are engaged in occupations that closely affect public interest or the people's lives, mental or physical health, property or other rights, and are required by law to pass relevant examinations to obtain qualifying certification. The categories of the said examinations are determined by the Ministry of Examination, to be approved by the Examination Yuan.
Professional and Technical Examinations are divided into Junior and Senior Examinations and may be held annually or biennially; be postponed or increased in number as necessary, depending on the requirements of each examination category.
Special Examinations may be held within limited timeframes to meet specific needs or vocational laws with distinctive professional requirements, and shall be graded in accordance with Junior and Senior Examinations.
Examinations may be administered in the form of written, oral, on-site or physical examinations, psychometric tests, authorship and invention, academic and work experience reviews, or other appropriate methods. All examinations should consist of at least two of the above forms, unless written examinations are exclusively prescribed. Outside of foreign language examinations, professional terminology or otherwise specified situations, all examinations are to be completed in the national language.
The various types of Professional and Technical examinations may be held jointly or separately, in stages or at different locations. The categories, locations, dates and other pertinent details of each examination shall be published by the Ministry of Examination two months prior to the date of examination. Staged and regional examinations as well as restrictions on qualification retainments shall be bound by the examination regulations of the respective category.
All examination candidates must pay a registration fee, to be set by the Ministry of Examination according to examination level, category and method.
The Ministry of Examination may establish an Examination Administration Fund to facilitate the development of examination-related matters. Regulations on the Fund's revenue, expenditure and usage shall be determined by the Ministry of Examination.
All nationals of the Republic of China meeting the eligibility requirements of this Act may participate in the Professional and Technical Examinations. However, persons otherwise bound by occupational laws and thus prohibited from performing such professional and technical occupations may not participate in the Examinations.
Graduates from public or accredited private junior colleges or higher institutions, or of equivalent level of overseas institutions recognized by the Ministry of Education, may apply to participate in the Senior Professional and Technical Examinations. However, persons otherwise bound by occupational laws must observe the relevant regulations and restrictions.
Persons who have passed equivalent Senior Examinations, or persons who have passed Junior Examination in relevant categories, and subsequently been employed in related positions for no less than four years, and hold documentary evidence to this effect, may apply to participate in the Examinations within 6 years of the promulgation of the amendment of this Act on 8 January, 2013.
Graduates from public or accredited private vocational schools, high schools or above, or of equivalent level of overseas institutions, may apply to participate in the Junior Professional and Technical Examinations.
Persons who have passed equivalent Junior Examinations, or persons who have passed Elementary Examination in relevant categories, and subsequently been employed in related positions for no less than four years, and hold documentary evidence to this effect, may apply to participate in the Examinations within 6 years of the promulgation of the amendment of this Act on 8 January, 2013.
Persons who have qualified in Junior or Senior Qualification Examinations prior to 31 December, 2009 will respectively be considered eligible for Junior, Senior or Special Professional and Technical Examinations in equivalent levels and categories.
In addition to the regulations of Article 8 and Article 9, eligibility requirements for Junior and Senior Professional and Technical Examinations may also request the following items, depending on the levels and categories of the examinations:
A. Increased educational requirements.
B. Working experience, internships or training in the related field, and documentary evidence to this effect.
C. Language qualifications at a corresponding level.
Regulations governing the Junior and Senior Professional and Technical Examinations shall be determined by the Ministry of Examination, to be approved by the Examination Yuan.
The above examination regulations should cover the eligibility requirements, examination subjects, examination methods, scores calculation methods and qualification standards for the respective levels and categories of examinations.
The opinions of relevant professional bodies must be acquired before the formulation or amendment of any examination regulations. The Ministry of Examination shall then decide jointly with the central professional authorities and central professional authorities of the target industry how to formulate or amend the regulations in concern.
Regulations governing the various Special Professional and Technical Examinations shall be determined by the Ministry of Examination, to be approved by the Examination Yuan.
The above examination regulations should cover the eligibility requirements, examination subjects, examination methods, scores calculation methods, qualification standards, examination frequency and timeframe for the respective levels and categories of examinations.
Examination applicants with qualifications or experiences equivalent to the respective Professional and Technical Examinations may be exempt from the following, depending on the said qualification or experience:
A. Examination subjects
B. Examination methods
C. Staged examinations
The above said exemption procedures shall be stipulated by the respective examination regulations. Exemption application fees shall be determined by the Ministry of Examination.
With regard to examinations, in the event of conflict between the stipulations of this Act and the regulations governing specific professions and occupations, this Act shall prevail.
Qualification reviews of candidates applying to sit for any Professional and Technical Examination shall be carried out by the Ministry of Examination or agencies commissioned to administer the examination. Review regulations such as the reviewers' qualifications, review contents, rejections or requirements of additional material shall be determined by the Ministry of Examination, to be approved by the Examination Yuan.
Depending on the levels and categories of the examinations, the following qualification methods apply:
A. Passing by subject
B. Passing by total grades
C. Passing by ratio of total fully attending examinees
The above methods may be use individually or jointly, and will be determined by the Ministry of Examination, to be approved by the Examination Yuan.
Regulations on the calculation methods of the total grades, point allocation ratios and specific grades restrictions shall be determined by the Ministry of Examination, to be approved by the Examination Yuan.
In the event that, upon publication of the examination results, it should be found that deserving candidates were failed or undeserving candidates were passed due to procedural negligence by the examination administration, such events will be reported by the Ministry of Examination to the Examination Yuan for rectification.
Examinees who successfully pass the Professional and Technical Examinations will receive certificates of qualification from the Examination Yuan, and have their names published in the official gazette. Depending on the examination category, some successful candidates may need to complete training or pass a trial period before receiving their qualification certificates.
Regulations on training methods and periods, leave, grading, rewards and punishments, suspension, retraining, rejection, deferred training, supplementary training, exemption, expulsion and training fees and other related issues shall be determined by the Ministry of Examination, to be approved by the Examination Yuan.
The format and fee of the qualification certificate shall be determined by the Examination Yuan. However, the Ministry of Examination has the right to reduce, make exemptions or lift the fees for disabled, indigenous, low-income or candidates from special familial circumstances.
Should an examinee be in breach of the following:
A. Breach of Article 7 of the eligibility clause.
B. Imposture, misrepresentation or use of false identity.
C. Forgery or falsification of examination documents or identification papers.
D. Obtainment of inaccurate examination results by means of cheating or other foul play.
E. Absence of qualification to participate in the examination from the outset
the examinee will:
have his eligibility revoked if such behavior is detected prior to the examination;
be removed from the examination halls if detected during the examinations;
not be recruited if detected after the examination and before result publication;
have his qualification revoked if detected during training stage;
have his qualification revoked and certification papers declared null and void by the Examination Yuan.
be transferred to the prosecution authorities to face any criminal liabilities arising thereof.
In the event of items 2-4, the examinee will be banned from all examinations held by the Ministry of Examination or its commissioned organizations for five years from the date of detection.
Foreign nationals who apply to perform professional or technical services in the R.O.C. should pass examinations as stipulated by this Act and obtain professional licenses and appropriate approvals from relevant authorities, unless otherwise stipulated by law.
The acts and regulations relevant to Professional and Technologist Examinations shall apply mutatis mutandis to foreign nationals with regard to candidate qualifications, examination subjects, subjects exempt from examination, methods of examination, physical examination, calculation of test scores, and passing requirements.
Foreign nationals who possess professional and technologist licenses in equivalent categories issued by foreign governments, which are certified, along with the Chinese-language translations thereof, by R.O.C. embassies, representative offices, trade offices, or other agencies authorized by the Ministry of Foreign Affairs, are eligible to take the Professional or Technologist Examinations in the corresponding categories upon approval by the relevant competent authorities.
When taking Professional and Technical Examinations, foreign nationals shall answer the test questions in the language of the R.O.C. unless otherwise stipulated by law.
Foreign nationals from countries under mutual recognition agreements or treaties for professional and technical qualifications with the R.O.C., holding professional and technical licenses or qualifications issued by their government and applying for the Professional and Technical Examinations of the same discipline and equivalent standards in the R.O.C., may participate by means of written examinations, oral examinations, knowledge and skill verification, qualification review or other means sanctioned by the Examination Yuan or mutually agreed between the two countries.
The Examination Affairs Act, the Examination Invigilation Act, and other relevant laws and regulations shall apply mutatis mutandis to matters not covered by this Act.
The Enforcement Rules of this Act shall be formulated by the Ministry of Examination, to be approved by the Examination Yuan.
This Act comes into effect as law on its date of promulgation.