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Chapter Law Content

Title: Private School Law CH
Category: Ministry of Education(教育部)
Chapter 3: Organizing, Registering Private Schools and Enrolling Students
Section 1: Organizing private schools
Article 34
School legal persons may apply to establish schools of various kinds and levels simultaneously or successively, and merge registered private schools.
In accordance with applicable laws and regulations, the school authority shall grant permission to applications by school legal persons for establishing, converting, merging or suspending private schools after taking into account factors including demand and school distribution.
The Ministry shall decide the conditions for and rules governing review of establishment, conversion, merger and suspension of private schools.
Article 35
School legal persons shall complete organizing and registering private schools within three years after registering the school legal persons.
School legal persons applying to establish private schools shall submit plans to establish the schools to the school authority for review in accordance with pertinent laws and regulations.
If a school legal person fails to complete organizing and registering a school by the above-specified date and fails to complete the process within the grace period given by the school authority, or its school-organizing activity involves wrongdoing, the school authority may withdraw or annul its permission and make the decision known to the public. If necessary, the legal person authority may withdraw or annul its permission to establish the school legal person.
Article 36
A school’s establishment plan shall give clear details of the following:
1. The purpose of establishing the school.
2. The name of the proposed school.
3. Where the proposed school will be located, the area of land it will occupy, the proposed school buildings and equipment, and related information.
4. The proposed colleges, departments, programs, divisions and subdivisions, grades and classes, and any affiliated institutions.
5. A budgetary estimate for the proposed school.
6. Details and documentary evidence of the amount, type, and value of the proposed school’s funds and each of its assets.
7. Information about the school’s status as a legal person.
Documentary evidence that the land to be used by the school referred to in the previous paragraph has been donated to it or has been leased shall be available for submission at the time the application to establish the school is lodged. Buildings and equipment may be completed in different years in line with the completion of the proposed colleges, departments, programs, divisions and subdivisions, grades and classes, and any affiliated institutions; estimates of the necessary funds may be given in the form of separate estimates for different years.
Any land to be used by the school which has been leased, referred to in the previous paragraph, shall be leased for at least thirty years from when the school is registered or any change of the school’s location or land area occurs and the lease is not subject to the restrictions governing the duration of leases imposed by the Civil Law, the National Property Act, or local public property administration regulations.
The amount of money to be paid to lease any land referred to in the previous paragraph which is not publicly owned land, or land owned by a public enterprise, or by a corporation set up using a government donation shall be determined in accordance with the provisions of the land rental regulations of the National Property Act, and associated right of superficies for the same duration as that of the land lease, and restricted to school use only, shall be established. After all documents have been legally notarized, an examination shall be completed in accordance with the provisions of the preceding article.