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Title: Enforcement Rules of the Civil Service Training and Continuing Education Act CH
Amended Date: 2014-05-20
Category: Civil Service Protection and Training Commission(公務人員保障暨培訓委員會)
Article 1
These Rules are established pursuant to Article 20 of the Civil Service Training and Continuing Education Act (hereinafter referred to as the “Act”).
Article 2
The Act applies to the following subjects:
1. Permanent employees who are appointed or assigned in accordance with the law within the organizational structure of any public agency (or organization) or school.
2. With the exception of teaching faculty, any personnel who are hired or employed by any public agency (or organization) or school in accordance with the law.
3. Personnel newly qualified through civil service exams.
Article 3
“Training”, as referred to in the Act, means the processes, in response to service needs and in order to upgrade the work performance of employed civil servants, by which any public agency’s (organization’s) school offers specialized knowledge and skills that said civil servants need in their current or future duties.
“Continuing education”, as referred to in the Act, means the process by which the civil servants, either of their own accord or when chosen by the employing public agency (organization) or school, participate in academic or other public agency (organization) or school study and research, in order to accommodate organizational development or promote individual development, thus leading to the furthering of academic scholarship and the acquisition of experience.
Article 4
The types of training outlined in Article 2, paragraph 2 of the Act are defined as follows:
1. Training for personnel newly qualified through civil service exams: Refers to training conducted in accordance with Article 21 of the Civil Service Examinations Act.
2. Training for rank promotion: Refers to training conducted to equip civil servants with necessary work capabilities for rank promotion in accordance with the laws and regulations related to civil service employment.
3. Mid- to long-term development training for high-level civil servants: Refers to training conducted to enhance skills required for future development of selection-rank civil servants at Grade 10 or higher, and those with equivalent duties.
4. Training for administrative neutrality: Refers to the training conducted in accordance with Article 5 of this Act.
The types of training as outlined in Article 2, paragraph 3 of the Act are defined as follows:
1. Professional Training: Refers to improving position-related skills in newly promoted or on-staff personnel of public agencies (organizations) or schools for the benefit of organizational development; or in response to changes in operations or organizational restructuring in said agencies (organizations) or schools, thereby equipping existing personnel with the knowledge and abilities required to meet the needs of their new job responsibilities, as well as the opportunity to acquire expertise in their new positions.
2. General managerial training: Refers to the strengthening of general managerial skills such as leadership, management, overall planning, management coordination, handling of administrative affairs, etc. for personnel at public agencies (organizations) or schools.
3. Training for newly appointed civil servants: Refers to training, given in accordance with the laws relating to the employment of civil servants, to newly-appointed or recently transferred civil servants at public agencies (organizations) or schools.
Article 5
The Coordination Board regulations referred to in Article 3 of the Act mean the procedures, times, topics of discussion, divisions of labor, processes, and other matters that the Coordination Board comes to an agreement on following consultation with related agencies.
Article 6
Training for newly appointed managers of all ranks, as referred to in Article 4, paragraph 1 of the Act, means managerial training supplied, in accordance with Article 14, paragraph 2 of the Civil Service Promotion and Transfer Act, to newly-appointed elementary-rank, recommendation-rank, and selection-rank personnel in managerial positions in order to develop managerial skills.
“Civil servants who pass the training evaluation”, as referred to in Article 4, paragraph 2 of the Act, means those who are evaluated as having passed the evaluation for mid- to long-term developmental training of high-level civil servants.
The “talent database”, as referred to in Article 4, paragraph 2 of the Act, means the documented files for high-level civil servants who pass the mid- to long-term developmental training evaluation; such files are established by the Civil Service Protection and Training Commission (below, the “CSPTC”) and classified based on work characteristics or know-how and expertise possessed by such civil servants.
“Accessed by government agencies for personnel recruitment purposes”, as referred to in Article 4, paragraph 2 of the Act, means that when any public agency needs to recruit selection-rank civil servants at Grade 10 or higher, or those with equivalent duties, they may file an application with the CSPTC to access the data in said talent database.
Article 7
“Choosing” personnel, as referred to in the Act, means the recommendation or designation of civil servants for participation in work-related training or continuing education by the employing public agency (organization) or school on the basis of said agency's (organization's) or school’s workplace needs.
“Voluntarily choosing to”, “themselves choosing to”, “[choosing] of their own accord”, and words to similar effect in the Act mean when a civil servant applies, actively and of their own volition, to their employing public agency (organization) or school to participate in work-related training or continuing education programs.
Article 8
“Degree-conferring continuing education” as referred to in the Act means when civil servants, either by their own accord or as a result of being chosen by their employing public agency (organization) or school, apply for domestic or foreign government-accredited schooling at the junior college level or higher, in order to pursue a degree related to their work.
“Credit-only continuing education” as referred to in the Act means when civil servants, either by their own accord or as a result of being chosen by their employing public agency (organization) or school, apply for domestic or foreign government-accredited schooling at the junior college level or higher, in order to take course credits related to their work.
“Research projects” as referred to in the Act means when civil servants, either by their own accord or as a result of being chosen by their employing public agency (organization) or school, apply to go to a domestic or foreign agency- or government-accredited institution or school in order to carry out research or practical learning in a field related to their work.
Article 9
“Off-duty learning”, as referred to in the Act, refers to when a civil servant uses non-working hours to pursue continuing education.
“Part-time learning”, as referred to in the Act, refers to when a civil servant uses a portion of their working hours to pursue continuing education.
“Full-time learning”, as referred to in the Act, refers to when civil servant uses all their working hours to pursue continuing education.
Article 10
In accordance with the Act, in any one year the number of persons chosen to, or who voluntarily choose to, apply for participation in either foreign or domestic part-time or full-time continuing education programs shall not exceed 1/10th of the respective public agency’s (organization’s) or school’s total personnel. However, if the resulting number is less than one, it shall be calculated as one person.
Article 11
Attendees who are chosen in accordance with the Act to attend full-time continuing education programs, either at domestic or foreign institutions, shall be granted a sabbatical for the duration of the program.
Those who, in accordance with the Act, are chosen to or who voluntarily choose to apply for participation in part-time continuing education programs and receive permission to do so shall be limited to an office leave of no more than 8 hours per week per person.
Article 12
In accordance with the Act, after the completion of a domestic or foreign full-time continuing education program, participation in the program may be extended with approval of the specific competent authority. However, during the period of extension the participant shall be granted leave without pay.
Article 13
Those who “have an excellent work record and considered to have developmental potential”, as referred to in Article 9, paragraph 1, subparagraph 1 of the Act, mean the following qualified personnel:
1. A worker whose year-end performance over the last two years has been one year at grade A and one year at grade B or higher; who has not been subject to criminal punishment or disciplinary warning; nor has any disciplinary actions at the demerit or more severe level during routine assessments.
2. A worker whose work performance has been outstanding, and who has concrete evidence of such.
Article 14
Those who “have foreign language ability”, as referred to in Article 9, paragraph 1, subparagraph 2 of the Act, means those personnel who will attend continuing education in a different country and are therefore required to meet a school’s or organization’s foreign language proficiency requirements. If the foreign language requirements are not stated, the CSPTC along with the Executive Yuan’s Directorate-General of Personnel Administration shall designate a testing institution and set the criteria for eligibility which must be met in order for candidates to be considered qualified.
Article 15
A “screening committee”, as referred to in Article 9, paragraph 2 of the Act, means a Continuing Education Screening Committee that is to be organized by each public ageney (organization) or school in order to handle matters relating to continuing education for civil servants. Such committees’ organizing methods, meeting rules, etc. shall be made in reference to the Screening Committees stipulated under the Civil Service Promotion and Transfer Act; when necessary, such committees may be merged.
Article 16
In accordance with the first sentence of Article 15, paragraph 1 of the Act, personnel who have previously been chosen to go overseas for continuing education may not be chosen to go abroad again after returning to work at their original public agency (organization) or school. However, if service needs necessitate choosing said civil servants for participation in another overseas continuing education program, and the duration of said program does not exceed three months, then with the approval of the competent authority, the above restrictions shall not apply.
Article 17
“Central government, grade one agencies”, as referred to in Article 10, paragraph 2 of the Act, means the Presidential Office, National Security Council, Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan, and Control Yuan.
Article 18
When public agencies (organizations) or schools approve personnel for travel abroad for continuing education, said agencies (organizations) and schools shall send an official letter to the Ministry of Foreign Affairs, who shall then forward it to the ROC overseas offices or other competent authority in the country or territory in which the continuing education programs are to be held.
In accordance with the Act, once personnel participating in continuing education programs abroad have arrived at their foreign destination, they shall, without delay, inform the designated overseas office. The overseas office shall have the responsibility to provide such personnel with required assistance.
Article 19
The scope of the subsidies referred to in Article 12 of the Act is as follows:
1. Tuition, credit fees, and miscellaneous fees.
2. Living expenses, transportation costs, and insurance for the duration of the time spent abroad.
3. Other necessary fees.
The public agency (organization) or school may subsidize the fees referred to in the previous paragraph in consideration of their budgeting and fee circumstances.
Article 20
“Superior performance in the continuing education program”, as referred to in Article 12, paragraph 1, subparagraphs 3 and 4 of the Act, means a passing grade in all classes that averages 70% or higher (or the equivalent). For programs that do not provide grade assessments, participants shall instead submit a research report that must then be reviewed by the employing agency (organization) or school to affirm that it represents equivalent reference value.
When applying for subsidies to cover continuing education program fees or costs, civil servants shall, within two months after receiving said grade report, submit their grade report and a receipt for payment of school tuition. If there is no continuing education grade assessment, the personnel shall instead, within two months after completing the continuing education program, submit the research report referred to in the previous paragraph, as well as a receipt for payment of school tuition.
Article 21
A civil servant at a public agency (organization) or school who has either been chosen by said agency (organization) or school or has themselves chosen to apply for full-time learning in foreign or domestic continuing education programs and has received a subsidy, shall, within three months of completing the continuing education program, submit a program-related research report to their agency (organization) or school.
Personnel who go aboard to study, as referred to in the previous paragraph, shall provide an update on their continuing education progress to their employing agency (organization) or school every three months.
Article 22
The copyright for a research report written by a civil servant participating in a full-time continuing education program as referred to in the previous article shall be assigned to a public juristic entity subordinate to the employing agency (organization) or school; furthermore, the employing agency (organization) or school shall be the managing agency of said copyright.
Article 23
The plan for a civil servant chosen for continuing education shall include the agency (organization) or school name, and the continuing education program’s theme, content, duration, and location, as well as estimated budget expenses, the number of personnel to be chosen, and the qualifications and conditions required to be chosen.
Article 24
“To offer civil servants chances for life-long learning”, as mentioned in Article 17 of the Act, means that competent authorities may offer the following lifelong learning measures, either of their own accord or in coordination with academic or other institutions at home or abroad:
1. Establishing learning organizations.
2. Shaping a lifelong learning culture within the specific organization.
3. Integrating public and private organizations to carry out activities related to lifelong learning.
4. Establishing and enriching lifelong learning web resources.
5. Other activities related to lifelong learning.
Article 25
For personnel newly qualified through civil service exams but who are still in their initial training period, the regulations of the Act related to continuing education shall not apply.
Article 26
When public agencies (organizations) and schools hires contract-based employees in accordance with the law, then when necessary and when the competent authority obtains permission from the CSPTC, said agency (organization) or school may apply the regulations of the Act, mutatis mutandis, to such personnel.
Article 27
These Rules shall take effect on the date of promulgation.