Chapter 2 Establishment
Section 1 Establishment of Junior College and Institutions of Higher Education
Article 4
The procedures for establishing a junior college or an institution of higher education are as follows:
1. National junior colleges and institutions of higher education: established in accordance with an establishment plan submitted pursuant to an examination of the nationwide distribution of junior colleges and institutions of higher education by the MOE.
2. Municipal junior colleges and institutions of higher education: the municipal government shall submit an establishment plan to the MOE for approval.
3. County (city) universities: the county (city) government shall submit an establishment plan to the MOE for approval.
4. Private junior colleges and institutions of higher education: an establishment plan shall be submitted to the MOE for approval, in accordance with the Private School Law and relevant regulations.
The establishment plan referred to in the previous paragraph shall be in compliance with the provisions of the pertinent ordinances governing environmental impact assessment, soil and water conservation, and land use zoning control.
Article 5
The establishment plan referred to in the previous article shall give explicit details of the following:
1. The origin of the establishment plan or the educational goal of establishing the proposed junior college or institution of higher education.
2. The name of the proposed junior college or institution of higher education.
3. The overall development strategy and its features.
4. The location, site area, buildings, equipment and facilities of the junior college or institution of higher education, and related information.
5. The planned teaching units and administrative units.
6. The institutes, colleges, departments, graduate institutes, courses, subjects, sections, classes, levels, and subordinate bodies it is proposed to establish.
7. Proposed teaching staff employment plan.
8. The planned books, apparatus and instruments, and other teaching equipment and facilities.
9. An inventory of all land, location map(s), and details of the environment of the junior college or institution of higher education.
10. Budgetary estimate of the junior college or institution of higher education.
As well as the items stipulated in the previous paragraph, those applying to establish a private junior college or institution of higher education shall also include the following items in their establishment plan:
1. A donation of land or leasing of land shall be handled in accordance with the provisions of Article 36 of the Private School Law and related documentary evidence be attached.
2. Financial plan, and funding sources, and supporting documentary evidence.
3. Budgetary estimate of the funds required for the establishment fund, setting up expenses, and regular operations of the junior college or institution of higher education, and supporting documentary evidence.
4. Information regarding the school endowment corporation.
Article 6
Criteria for establishing a university are as follows:
1. The university site:
(1) The university site shall have an area of at least five hectares available for development and use. But if the total number of formally enrolled students is three thousand or less, the following provisions apply:
1. 2401~ 3000 students: it shall have an area of at least four hectares.
2. 1801~ 2400 students: it shall have an area of at least three hectares.
3. 1800 students or less: it shall an area of at least two hectares.
(2) A college of agriculture shall have at least five additional hectares of land to use for practical agricultural training.
2. University buildings:
(1) University buildings shall have sufficient teaching, research, and service areas, buildings required for the administration, student activities, and lodging, and sports facilities.
(2) When the setting up of a newly established university is approved, its buildings shall have a total completed floor area of at least 12,000 square meters and shall have a total completed floor area of at least 20,000 square meters prior to the start of the second academic year following approval of its registration. All buildings shall have obtained a use permit before their floor area is permitted to be included in calculations.
(3) The total university building floor area shall be calculated using the method specified in of in the provisions of the Standards for Student Admission Quotas and Resources at Institutions of Higher Education.
3. Equipment and facilities:
(1) The university shall have sufficient teaching, auxiliary, and experimental (training) equipment and facilities to address the practical requirements of each college, institute, department, graduate institute, subject, and course.
(2) The university shall have a library and it shall have sufficient basic books, information, specialized journals, and relevant equipment and facilities.
(3) A college of medicine shall have its own teaching hospital or an arrangement permitting it to jointly use a teaching hospital.
4. Teaching staff:
Across the entire university, the student-teacher ratio, day student-teacher ratio, and higher degree student-teacher ratio, and the different ranks, qualifications, and method of calculating the number of full-time teaching staff at the level of assistant professor and above shall be in accordance with the provisions of the Standards for Student Admission Quotas and Resources at Institutions of Higher Education.
5. Funds for establishing a private university and its establishment fund: When an application is made to register a private university, the funds to establish it and its establishment fund shall be in compliance with the following provisions:
(1) The university shall have an adequate establishment fund (including funding required for purchase or lease of land, building, and equipment and facilities), and funds required for annual recurrent expenses to maintain its basic operations and it shall provide explicit evidence of the sources of funds for its establishment.
(2) An adequate establishment fund based on the type of institution shall be raised and be deposited in a dedicated bank account: NTD$1.4 billion for a university; NTD$1.0 billion for an independent medical college; NTD$600 million for an independent engineering college; NT$400 million for an independent college in another category; and NT$400 million for an institute of technology.
Article 7
Criteria for establishing a junior college are as follows:
1. Junior college site:
(1) The site shall have an area of at least four hectares available for development and use.But if the total number of formally enrolled students is three thousand or less, the following provisions apply:
1. For 1,801 to 3,000 students: the area shall be at least three hectares.
2. For 1,800 students or less: the area shall be at least two hectares.
(2) A junior college of agriculture shall additionally have at least five hectares of land to use for practical agricultural training.
2. Junior college buildings:
(1) Buildings shall have sufficient teaching, practicum, and special-use classrooms and areas, buildings required for the junior college’s administration and student activities, and sports facilities.
(2) When the setting up of a newly established junior college is approved, its buildings shall have a total completed floor area of at least 6,000 square meters and shall have a total completed floor area of at least 10,000 square meters prior to the start of the second academic year following approval of its registration. All buildings shall have obtained a use permit before their floor area is permitted to be included in calculations.
(3) The total building floor area shall be calculated in accordance with the method set out in the provisions of the Standards for Student Admission Quotas and Resources at Institutions of Higher Education.
3. Equipment and facilities:
(1) Each junior college shall have sufficient teaching, auxiliary, and experimental (training) equipment and facilities addressing the practical requirements of its own special characteristics and all the various different courses it offers.
(2) A junior college shall have a library, and it shall have sufficient basic books, information, specialized journals, and relevant equipment and facilities.
4. Teaching staff:
Across the entire junior college, the student-teacher ratio, day student-teacher ratio, and graduate student-teacher ratio, and the different ranks, qualifications, and method of calculating the number of full-time teaching staff at the level of assistant professor and above shall be in accordance with the provisions of the Standards for Student Admission Quotas and Resources at Institutions of Higher Education
5. Funds for establishing a private junior college and its establishment fund: When an application is made to register a private junior college is made, the funds to establish it and its establishment fund shall be in compliance with the following provisions:
(1) A junior college shall have an adequate establishment fund (including funding required for purchase or lease of land, building, and equipment and facilities) and funds required for annual recurrent expenses to maintain its basic operations, and it shall provide explicit evidence of the sources of funds for its establishment.
(2) A junior college shall raise an adequate establishment fund of NTD$200 million and deposit this in a dedicated bank account.
Section 2 Establishment of branch campuses and divisions of junior colleges and institutions of higher education
Article 8
A university applying to establish a branch campus or division shall take into due consideration its resources and regional needs and shall submit a branch establishment plan or division establishment plan respectively. A public university shall submit its establishment plan to the MOE for ratification after it has been approved by the university council; a private university shall submit its establishment plan to the MOE for ratification after it has been approved by its university affairs committee and by its board of directors.
The establishment plan to establish a university branch campus or division referred to in the previous paragraph shall give explicit details of the following:
1. The origin of the establishment plan
2. The overall development strategy and its features; and for a division, the nature of its establishment.
3. The planned teaching units and administrative units.
4. Current teaching staff situation and planned future teaching staff appointments.
5. The planned books, apparatus and instruments, and other teaching equipment and facilities.
6. An inventory of all land, location map(s), and a description of the environment.
7. Documentary evidence of land ownership or consent for its use.
8. Financial plan, and funding sources, and supporting documentary evidence.
9. Building layout of the branch campus or division.
10.Plan regarding the relationship with the parent university
A university that is setting up a branch campus overseas shall lodge an application to do so with the overseas government after the establishment plan referred to in the previous paragraph has been approved by the MOE. The university shall then apply to the MOE to be registered after obtaining permission in writing from the government of the country or district where the branch campus is being set up.
An academia-industry cooperation division set up by a university is not permitted to set up any college, institute, department, subject, or degree program structure, or any teaching or recruitment units subordinate to any academic program. But in-service professional programs which have been set up to cater to regional demand are not subject to this restriction.
Article 9
The establishment of a branch campus by a university shall be in compliance with the following provisions:
1. Application criteria:
(1) The establishment of the branch campus will facilitate the university's future development, and meet national social and regional needs; establishing a branch campus is not permitted to adversely affect the existing rights and interests of the current teachers and students.
(2) A university applying to establish an overseas branch campus shall have been evaluated by the MOE as running its operations well, with an outstanding performance, and have had no shortfalls in its final accounts in the most recent three years.
(3) The site of the parent institution or the site of any of its MOE approved division(s) or branch campus(es) that was required to be developed has already been completely developed.
2. Branch campus establishment criteria:
(1) Any branch campus established in the Republic of China (hereunder abbreviated to “the ROC”) shall be in compliance with the provisions of Article 4, Paragraph 2, and Article 6.
(2) Any branch campus that is established overseas shall be in compliance with principles of equality and the related ordinances of the country or district where it is located, and evidence that it is complying with the related ordinances of the country or district where it is located shall be provided.
3. Branch campus establishment fund:
(1) The branch campus establishment fund shall be provided from the university’s self-generated income and accumulated surplus. The total amount invested into a division establishment fund by a private university or tertiary college is not permitted to exceed half of the surplus earnings that it has accumulated over the years, and it is not permitted to affect the operations of the parent university or college.
(2) A university is not permitted to extend its credit limit or borrow money from a domestic bank in the name of raising funds to establish a branch campus overseas, and it is also not permitted to use any of the university’s property or assets in the ROC as collateral to extend its credit limit or borrow money from an overseas bank.
(3) A university’s donation income derived within the ROC is not permitted to be used to establish a branch campus overseas. This restriction does not apply, however, if at the time of the donation the donor specifically indicated that the donation was for the university to use for setting up a branch campus overseas.
4. Organization of branch campuses:
(1) The establishment of the teaching units shall be undertaken applying, mutatis mutandis, the relevant provisions of the ordinances governing the establishment of the parent institution; the establishment of administrative units shall be undertaken in accordance with the provisions governing the establishment of the parent institution’s second tier administrative units. Any unit established overseas shall operate in accordance with the related ordinances in the country or district where it is located.
(2) The organizational structure of any branch campus shall be explicitly set out in the parent institution’s organizational charter and regulations or shall be separately formulated as authorized there, and be submitted to the MOE for ratification.
5. Employment of branch campus personnel:
(1) Branch campus president: one person shall be appointed to oversee the affairs of the branch campus. For a branch campus set up in the ROC, the president of the parent institution shall assign the vice president of the parent institution to take a concurrent post in accordance with the provisions of the University Act and related ordinances; for any branch campus set up overseas, the president of the parent institution shall assign a teaching staff member from the ROC to fill the post, and the term of the appointment and eligibility qualifications shall be determined by each university in accordance with its organizational charter and regulations. Employment of local people shall be undertaken in accordance with the related ordinances of the country or district where it is located.
(2) Branch campus teaching staff: A branch campus set up overseas that appoints teaching staff members in the ROC shall do so acting in compliance with the related provisions of the Act Governing the Appointment of Educators and relevant ordinances; Employment of local people shall be undertaken in accordance with the related ordinances of the country or district where it is located.
6. Branch campus names: The name of a branch campus shall clearly indicate the parent institution that the branch campus belongs to and shall begin with the name of the administrative district where it is located.
Article 10
The establishment of a division by a university shall be in compliance with the following provisions:
1. Application criteria:
(1) The establishment of the division would facilitate the university's future development, and meet national social and regional needs; establishing a division is not permitted to adversely affect the existing rights and interests of the current teachers and students.
(2) A university applying to establish a division overseas shall have been evaluated by the MOE as running its operations well, with an outstanding performance, and have had no shortfalls in its final accounts in the most recent three years.
(3) The site of the parent institution or the site of any of its MOE approved division(s) or branch campus(es) that was required to be developed has already been completely developed.
2. Criteria for establishing a division:
(1) A division established in the ROC shall be in compliance with the provisions of Article 4, Paragraph 2; the site of a division for teaching purposes shall have an area of at least two hectares. The site shall have an area of at least four hectares available for development and use; the required per student floor area of the buildings shall be in accordance with the provisions of the Standards for Student Admission Quotas and Resources at Institutions of Higher Education.
(2) A division established overseas shall be in compliance with principles of equality and with the related ordinances of the country or district where it is located, and evidence that it is complying with the related ordinances of the country or district where it is located shall be provided.
3. Division establishment fund:
(1) The division establishment fund shall be provided from the university’s self-generated income and accumulated surplus. The total amount invested into a division establishment fund by a private university or tertiary college is not permitted to exceed half of the surplus earnings that it has accumulated over the years, and it is not permitted to affect the operations of the parent university or college.
(2) A university is not permitted to extend its credit limit or borrow money from a domestic bank in the name of raising funds to establish a division overseas, and it is also not permitted to use any of the university’s property or assets in the ROC as collateral to extend its credit limit or borrow money from an overseas bank.
(3) A university’s income derived from donations in the ROC is not permitted to be used to establish an overseas division. This restriction does not apply if, at the time the donation was made, the donor designated that their donation to the university was to be used for setting up an overseas division.
4. Division organization: The organizational structure of divisions shall be explicitly set out in the parent institution’s organizational charter and regulations and be reported to and ratified by the MOE. When necessary, branch units may be set up; the setting up of the teaching and/or administrative units of a division established overseas may be undertaken in accordance with the related ordinances of the country or district where it is located.
5. Appointment of division personnel:
(1) Division director: One person shall be appointed to assist running the division. For a division set up in the ROC, the president of the parent institution shall appoint a teacher at the parent institution at the professor rank to the post; for a division set up overseas, the president of the parent institution shall assign a teaching staff member from the ROC to fill the post, and the term of the appointment and eligibility qualifications shall be determined by each university in accordance with its organizational charter and regulations. Employment of local people shall be undertaken in accordance with the related ordinances of the country or district where it is located.
(2) Division teaching staff: A division set up overseas employing teaching staff in the ROC shall do so acting in compliance with the pertinent provisions of the Act Governing the Appointment of Educators and relevant ordinances; the employment of teaching staff locally shall be implemented in accordance with the provisions of the related ordinances in the country or district where it is located.
6. Division names: A division’s name shall clearly indicate the parent institution that the division belongs to and shall begin with the name of the administrative district where the division is located; a division that is an academia-industry cooperation division shall clearly indicate that it is in its name after the name of the administrative district.
Article 11
The operations of a university's overseas branch campus or division shall be supervised by its parent university, and its finances shall be clearly partitioned from those of its parent university. Each overseas branch campus or division shall set up and maintain independent account books, under the supervision of its parent university.
Article 12
If a branch campus or division that a university has established overseas operates in violation of the provisions of relevant ordinances, or if there are specific facts sufficient to prove that the branch campus or division is detrimentally affecting the operations of its parent university in the ROC, and the MOE has ordered that the situation be improved within a prescribed period, and this has not been done by the deadline, the MOE may reduce the university's awards and/or subsidies, and, when necessary, may revoke the approval given to the university to establish an overseas branch campus or division.
Article 13
If a junior college applies to establish a branch campus or division, apart from the site of any teaching division having an area of at least two hectares available for development and use, the provisions of each article from Article 8 to the previous article are applicable, mutatis mutandis, to any other related establishment plan, establishment criteria, application procedure, and establishment procedures and specifications.
Section 3 Establishment of Junior College Divisions
Article 14
In order to enhance the practical skills and expertise of professional personnel and improve the quality of technical and vocational education, the MOE may, having examined and considered education policies and national social development and workforce demands, give universities approval to establish affiliated junior college divisions, and may permit universities to establish affiliated junior college divisions in counties or cities that do not have a junior college providing education.
An institute of technology that, in accordance with these Regulations, takes part in an amalgamation or is renamed a university of science and technology may proceed to establish a junior college division.
A university applying to set up an affiliated junior college division shall take into due consideration its resources, circumstances, and regional needs, and submit a junior college division establishment plan; in the case of a public university the establishment plan shall be submitted to the MOE for ratification after it has been approved by the university council, and in the case of a private university, the establishment plan shall be submitted to the MOE for ratification after it has been approved by its university affairs committee and by its board of directors.
Article 15
When a university applies to establish a subsidiary junior college division away from its main campus, the provisions of these Regulations governing the establishment of a division by a university apply, mutatis mutandis. But when a university establishes a junior college division overseas, the provisions of these Regulations governing the establishment of a branch campus by a university may be applied, mutatis mutandis.