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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:06
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Chapter Law Content

Chapter IV Evaluation and Subsidization on Sites, Machines and Equipments of Field Test
Article 20
For field test of skills certification taking other than non-choice-question written test, the sites, machines and equipment employed shall be first evaluated by the Central Competent Authority. The evaluation may be waived, if the skill test sites are located at sea, undersea, or in the air.
Article 21
Units applying for evaluation on sites, machines and equipments of field tests shall meet one of the following qualifications, except those have been specially approved by the Central Competent Authority
1. Vocational training institutions: they register or are admitted to establish in accordance with the Regulations on the Establishment and Administration of Vocational Training Institutions, obtain establishment certificates of vocational training institution, and provide training job categories carried in their establishment certificates are related to job categories applied for evaluation.
2. Schools: they are public and private high schools or above established with the approval by the education competent authority, and have fields (departments) related to job categories which are applied for evaluation.
3. Business entities: they register in accordance with the Company Act or the Business Registration Act, obtain company or business registration certificates, operate in businesses related to job categories which are applied for evaluation, and have registered capital no less than N.T. $15,000,000 or more than 100 employees.
4. Organizations:
(1) They are labor unions or trade associations which have established for no less than three years and obtain registration certificates, and the businesses of their members are related to job categories applied for evaluation.
(2) They are national non-profit corporates which have established for no less than three years and obtain registration certificates, and the tasks prescribed in their charters are related to job categories applied for evaluation.
5. Government agencies (institutions) or government-subsidized corporates: they are agencies (institutions) established in accordance with government organization statutes or corporates established with governmental subsidization.
Article 22
The Central Competent Authority shall publicly announce the matters concerning the yearly evaluation on sites, machines, and equipment of field tests for each class of job category by the end of January each year.
The Central Competent Authority shall publicly announce each month the matters concerning the date of evaluation and the evaluation result on sites, machines, and equipment of field test for skills certification of certified technicians.
The time of public announcement can be different due to special circumstances referred to in the preceding two paragraphs.
Article 23
After evaluating in accordance with the Self-evaluation List of each class of job category and passing the requirements of self-evaluation units applying for the evaluation on sites, machines and equipments of field test shall submit the following documents and two photocopies of the Self-evaluation List to the Central Competent Authority for evaluation application:
1. The photocopy of the establishment certificate; but government agencies and public schools are not required.
2. The photocopy of the property ownership certificate or land registration transcript, the photocopy of building ownership certificate or building registration transcript for the test site; but government agencies, public schools and any units that may confirm through land administration information e-service system are not required.
3. For schools, curricula of department(s) related to the classes of job category of evaluation application for school.
4. For organizations, operation-related proof recorded by the competent authority.
If a test site referred to in Subparagraph 2 of the preceding paragraph is rented, a leasing contract or consent in writing of usage with effective period of no less than two years shall be submitted.
The same site, machines and equipments shall not be used by two or more units for evaluation.
The Central Competent Authority may specially approve the field test site of the classes of job category applied for evaluation if the site is unique, the only one available, meeting the demand of labor market, with the utility of statutes and regulations for operational management, or due to special circumstances.
Article 24
Evaluation on the sites, machines and equipments of field test for skills certification shall be processed in accordance with the following reviewing procedures:
1. For preliminary evaluation, it shall be reviewed in writing by the Central Competent Authority.
2. For on-site evaluation, the Central Competent Authority shall appoint two to three persons among those of composing test questions bank or with the qualification of invigilators or markers to make on-site evaluation on the units passing the preliminary evaluation, the evaluation result shall be written in the list of evaluation result.
Article 25
The Central Competent Authority shall issue a qualified certificate of evaluation on site, machines, and equipment of field tests for skills certification to units passing the on-site evaluation, and the certificate shall list the following items:
1. The name of unit passing the evaluation.
2. The name of job category and class for skills certification.
3. The number of persons that can be accommodated in the field test site each time.
4. The address of the field test site.
5. The effective period.
If there is change in items referred to in Subparagraphs 1 to 4 of the preceding paragraph, or machines, it shall be reported to the Central Competent Authority for approval and record within 3 months before the test.
The effective period referred to in Subparagraph 5 of Paragraph1 shall be 5 years from the date of issuing the qualified certificate. If the rental period of a site is less than 5 years, the effective period of foresaid certificate is terminated on the date that the leasing contract or consent, in writing, of usage is terminated. However, if situations referred to in Article 27 occur, the foresaid article shall apply.
Units passing the evaluation shall fill in and submit the Self-evaluation List to the Central Competent Authority for approval and record, within three months before the end of the effective period. If necessary, the Central Competent Authority may, from time to time, make an on-site evaluation.
Article 26
The Central Competent Authority may depending on its budget subsidize administration units of field tests machines and equipments required for skills certification.
Article 27
When the Central Competent Authority makes significant revision on the tests' questions of the classes of job categories for skills certification and modifies the Self-evaluation List, it shall publicly announce the new Self-evaluation List three months before the new tests' questions are adopted.
Units passing the evaluation shall again make self-evaluation in accordance with the new Self-evaluation List referred to in the preceding paragraph, and file the evaluation application or fill in the situations of adjustment within the period prescribed by the Central Competent Authority.
Article 28
When units on offshore islands, remote districts, or pursuant to the qualifications of Subparagraph 2 of Article 15 file the application for evaluation and obtain the approval of the Central Competent Authority, they can be exempted from the restriction that the minimal number of persons that can be accommodated in the field test site each time as prescribed in the Self-evaluation List.
When units pursuant to the qualifications of Subparagraph 2 of Article 15 in need of correction and administration, are allowed to file the application to the Central Competent Authority to be exempt of the partial common equipments as described in the Self-evaluation List.
Article 29
When a unit passing the evaluation is discovered with one of the following situations, the Central Competent Authority shall withdraw its status of qualification for the site of classes of job categories, and cancel its certificate of qualification:
1. Skill tests can no longer be taken because the site, machines, and equipment are seriously damaged, or have been used for other purposes.
2. The site, after the examination by building and construction administration, environmental protection, fire control, safety and health, or relevant agencies, is in contravention of related statutes and regulations and it has been ordered by these competent authorities to improve within a given period, but fails to improve.
3. After passing the evaluation, the space of the site, number of machines, or equipment has been reduced and it has been ordered by the Central Competent Authority to improve within a given period, but fails to improve.
4. The unit refuses to be authorized or delegated by the Central Competent Authority to process field testing more than three consecutive times, or has accumulated over five refusals within five years.
5. The organization is in violation of Paragraph 3 to Article 23.
6. The organization is in violation of Paragraph 2 to Article 25.
7. Matters not handled in accordance with the provisions of Paragraph 2 to Article 27.
8. The organization is found to have engaged in malpractice for personal gains, when providing skills certification.
9. Other serious circumstances in violation of the Regulations and related statutes regulations.
When a unit passing the evaluation is covered by the situation prescribed in Subparagraph 1 or Subparagraph 2 of the preceding paragraph, it shall immediately cease to provide skills certification and notify the Central Competent Authority. If it does not notify the Central Competent Authority and is found to be continuing to provide skills certification, its certificate of qualification for evaluation will be nullified, and it’s application for evaluation on the site of the same class of job category will not be accepted.
Article 30
When a unit passing the evaluation is found to be counterfeit, forged, or false and fictitious in its information or documents submitted for the application of evaluation, the Central Competent Authority may revoke its qualified certificate of evaluation.
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