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Title: University Act CH
Amended Date: 2015-12-30
Category: Ministry of Education(教育部)
Chapter 1 General Principles
Article 1
Universities shall encourage academic research, cultivating talent, enhancing culture, serving society and accelerating the development of the country.
Universities shall be guaranteed academic freedom and shall enjoy autonomy within the range of laws and regulations.
Article 2
Universities referred to in this Act shall be senior educational organizations established according to the Act and granting academic degrees above bachelor ’ s degree (inclusive).
Article 3
The competent authority of the Act shall be the Ministry of Education.
Chapter 2 Establishment and classification
Article 4
Universities are classified into national universities, universities established by municipalities (counties) (hereinafter referred to as public universities) and private universities.
The establishment, alteration or suspension of national universities shall be approved or adjusted according to the educational policies of the Ministry of Education and the situation of different locations; the establishment, alteration or suspension of universities of municipalities (counties) shall be reported by governments of different levels in order to receive approval or adjustment by the Ministry of Education. Private universities shall follow stipulations of the Private Institute Act.
To balance college education of different regions, the Ministry of Education may approve counties (cities) without colleges to establish colleges and divisions in universities.
Universities may establish branches and divisions.
Regulations of requirements, approval procedure and other proceedings for establishing standards, alteration or suspension of universities and their branches, divisions and subsidiary colleges shall be formulated by the Ministry of Education.
Article 5
Universities shall regularly carry out self-evaluation of their teaching, research, services, counselling and guidance, academic affairs, administration, and student participation; regulations governing the evaluation shall be formulated by each university.
To promote the development of every university, the Ministry of Education shall organize an Assessment Committee or commission academic organizations or professional accreditation bodies to carry out regular assessments of the universities, and it shall make the results public. The assessment results shall be referred to for making changes to and developing universities. The assessment shall be undertaken in accord with the principles of incorporating diversity and professionalism, and the associated regulations governing assessment shall be formulated by the Ministry of Education.
Article 6
Universities may organize inter university systems or research centers.
Regulations for the organization and operation of inter university systems referred to in the previous paragraph shall be formulated by the universities.
Regulations for inter university research centers shall be formulated by the universities jointly and reported to the Ministry of Education for future reference.
Article 7
Universities may formulate merger plans, which shall be approved by academic affairs meetings (for national universities) or local governments (for universities of municipalities or counties/cities) or boards of directors (private universities), and then be reported to the Ministry of Education for approval before implementation.
The Ministry of Education may, after taking into account the factors including the overall development of higher education, distribution of educational resources, the geographic conditions of the relevant universities and other related issues, propose a merger plan of national universities to the Executive Yuan for approval. The merger plan approved by the Executive Yuan shall be implemented by such relevant national universities.
The stipulations covering the conditions, procedures, financial aid as required of any such merger plan in the previous paragraph, the types of administrative assistance, the required content of a merger plan, the rights and duties of the relevant national universities, and other related matters shall be promulgated by the Ministry of Education.
Chapter 3 Organization and meetings
Article 8
A university may appoint one president responsible for the overall management of the university and development of academic affairs, and represents the university externally. Deputy presidents shall be appointed by the president to assist with the promotion of academic affairs; the number, tenure and qualifications of the deputy presidents shall be stipulated according to organizational regulations.
The position of president of a university may also be taken by foreign professionals according to related laws and shall not be bound by stipulations concerning nationality and employment in Nationality Act, Private Institute Act and Employment Service Act.
Article 9
To appoint a new president to a university, the university shall organize a President Select Committee 10 months prior the expiry of the present president ’ s tenure, after the new president is selected through public procedure, he or she shall be appointed by the Ministry of Education or the local government.
The proportion and means of selecting different members of the committee referred to in the previous paragraph shall be as follows:
1. Representatives of the university recommended by an academic affairs meeting shall take up 2/5 of all numbers.
2. Institute fellow representatives recommended by the university and social justice defenders shall take up 2/5 of all numbers.
3. Other commissioners shall be representatives selected by the Ministry of Education or the local government.
Regulations of the organization, operation and other proceedings of the President Select Committee of public universities shall be approved by Ministry of Education (for national universities) or local governments (for universities of municipalities or counties/cities) or before being selected by the board of directors a Select Committee organized by the boards of directors (private universities), and then be reported to the Ministry of Education for approval before implementation..
The representatives of either sex shall take up a third or more of all numbers of the President Selection Committee.
The tenure for presidents of public universities shall be 4 years, and the president may be reappointed upon expiry of the tenure; the procedure, times of reappointment and methods of decommission before the expiry shall be stipulated in the organization procedure of the universities; the tenure and reappointment of private universities shall be stipulated in the organizational procedure of the universities.
The Ministry of Education and the local government shall carry out an evaluation on the president 10 months prior the expiry of his/her tenure as reference to make a decision about reappointment.
Any university, which has followed former regulations in organizing the President Selection Committee and conducting the procedure of the President Selection prior to the promulgation of this Article as amended on January 10, 2011, may continue the unfinished procedure and be exempted from the sexual proportion restrictions as provided in paragraph 4 of this Article as amended.
to the expiry of their term of office and use the results when deciding whether to reappoint that president for a further term.
A president of a public university who states that they do not want to extend their term of office during the course of the performance assessment by the Ministry of Education or by the local government referred to in the previous paragraph, or who fails to satisfactorily pass the performance assessment, is not permitted to participate in the selection process for the next president of that same university.
Article 10
The president of a newly established national university shall be selected by a President Selection Task Force organized by the Ministry of Education. The president of a newly established public university other than a national university shall be selected by a President Selection Task Force organized by the Ministry of Education from the list of two to three candidates nominated by the agency governing the university. The president of a newly established private university shall be selected and then be reported by the board of directors to the Ministry of Education for approval before appointment.
The representatives of either sex shall take up a third or more of all numbers of the President Selection Task Force as provided in previous paragraph.
Article 11
Universities may establish colleges or independent graduate schools; colleges may establish departments or graduate schools.
Universities may offer interdepartmental, inter institute or inter college credit courses or degree courses.
Article 12
The number of students in a university shall be in accordance with the resources of the university; the standards shall be stipulated by the Ministry of Education, which may also be the basis for the universities to add or adjust colleges, departments, or institutes as well as the planning of courses and quota of student recruitment.
Article 13
Each college under a university shall appoint a dean responsible for the overall management of the college; Each department shall appoint a director and an independent graduate institute shall appoint a dean, responsible for affairs of the department and the institute respectively. The university may also appoint the degree and course director responsible for course affairs.
Academic supervisors like deans and directors adopt a tenure system, following the methods below:
1. Deans of colleges shall be selected from the professors according to the procedure stipulated in the organization procedure of the university, and then be reported to the president for approval before appointment.
2. Directors, deans of institutes and degree & course directors shall be selected from teachers above the title of associate professor according to the organizational procedure of the university and then be reported to the president for approval before appointment. However, directors of departments, institutes of arts and technology and degree & course directors may be senior specialists above the level of associate professor as a concurrent post.
Colleges, departments and institutes of a university reaching a certain scale so as to meet the requirements of the development of academic affairs may appoint deputy supervisors to assists with academic affairs.
Procedures for the tenure, reappointment and dismission of deans, directors and degree & course directors as well as other proceedings shall be stipulated in the organizational procedure of the university.
Academic supervisors referred to in paragraph 2 may be taken by foreign teachers as a concurrent post.
Article 14
To achieve the target referred to in Article 1, universities may establish various executive agencies or hold different meetings; Names of the executive agencies, tasks and duty of the meetings as well as division of work and qualifications of executive supervisors and other proceedings shall be stipulated in the organizational procedure of the university.
Executive posts of different levels in national universities may be taken by teaching or research personnel and shall be stipulated in the organizational procedure of the university.
Colleges, departments and institutes of a university reaching a certain scale so as to meet the requirements of the development of academic affairs may appoint deputy supervisors, who shall be teaching or research personnel to assist the supervisors with the promotion of business; qualifications and other proceedings shall be stipulated in the organizational procedure of the university.
Related laws of civil servants and educational personnel shall be applicable to the appointment of staff to national universities; appointment of personnel for human resources and accounting shall follow the stipulations of relevant regulations.
Staff of non executive posts in national universities may be contracted and shall not be limited by the stipulations in the previous paragraph, their rights and obligations shall be specified in their contracts.
Article 15
Universities shall each set up a university council to deliberate and make decisions regarding significant university matters. The university council shall comprise the university president, deputy president(s), teacher representatives, the heads of academic affairs and administrative affairs, research personnel representatives, representatives of non-teaching staff, student representatives, and representatives of other personnel.
The numbers and details regarding the selection of each category of the council members referred to in the previous paragraph, apart from the president and deputy president(s), are set out below:
1. The teacher representatives shall be chosen by election and shall comprise at least one half of the university council; in principle, at least two thirds of the teacher representatives shall be a professor or an associate professor.
2. The student representatives shall be chosen by election and shall comprise at least one tenth of the university council.
3. For other categories of voting and non-voting members of the university council, the method of selecting them and the proportion of the council that they comprise shall be stipulated in the charter and by-laws of each university.
When calculating the actual number of people in accordance with the ratios stipulated in Subparagraph 1 and Subparagraph 2 of the preceding paragraph, any number including a fraction shall be unconditionally rounded up to the next integer.
University council meetings shall be convened by the president, and at least once each semester. If an extraordinary university council meeting is requested by a minimum of one-fifth of the number of those council members who are required to attend meetings, the president shall convene the extraordinary meeting within fifteen days.
When the university council considers it necessary, it may establish various committees or special task groups to deal with matters that the university council assigns to them; whenever such a such committee or special task groups is established, its name, duties, and the method of selecting its members shall be written into in the charter and by-laws of the university.
Article 16
The academic affairs meeting shall discuss the following proceedings:
1. Development plans and budget of academic affairs.
2. Organizational procedure and various important rules.
3. Establishment, alteration and suspension of colleges, departments, graduate institutes and auxiliary organizations.
4. Academic affairs, student affairs, general affairs, research and other important internal affairs.
5. Methods of teaching evaluation.
6. Decisions of committees or task forces established by the academic affairs meeting.
7. Resolutions of the meeting and suggestions of the president.
Chapter 4 Ranking and engagement of teachers
Article 17
Teachers in universities are ranked professors, associate professors, assistant professors and lecturers, engaged in teaching, research and instruction.
Universities may offer lectures presided by professors.
Universities may be provided with teaching assistants to assist the teaching and research.
Universities may engage research personnel for research and technicians for teaching; ranking, qualifications, engagement, dismission, suspension, refusal of reengagement, appeal, treatment, welfare, advanced study, retirement, pension, severance, annual salary, salary increase and other rights and interests shall be stipulated by the Ministry of Education.
Article 18
Engagement of university teachers are classified in the initial contract, reengagement and long term engagement; the engagement shall be transacted following the principles of justice, equity and openness. Moreover, initial contract of university teachers shall be published in traditional media or academic publications. Qualifications and procedure for the engagement of teachers shall follow the stipulations of related laws.
Article 19
In addition to following the stipulations in the Teacher Act, universities may also add rights and obligations of teachers in the academic rules and formulate separate stipulations for the suspension or refusal of reengagement of teachers upon requirements of academic research and development, which shall be implemented and provided in the contracts after being approved by the academic affairs meeting.
Article 20
Confirmation for reasons of engagement, upgrading, suspension and severance of university teachers shall be reviewed by the Teacher Review Committee.
Stipulations for ranking, composition and operation of the teacher review committee shall be implemented after being approved by the academic affairs meeting.
Article 21
Universities shall establish the teacher review system for review of the achievements of the teaching, research, instruction and services as important reference for upgrading, reengagement, long term suspension, refusal of reengagement and encouragement of teachers.
Methods, procedure and specific measures of review referred to in the previous paragraph shall be implemented after being approved by the academic affairs meeting.
Article 22
Universities shall establish the teacher ’ s appeal review committee to review teachers ’ appeals against dismissal, suspension and other decisions; Stipulations on the methods of composition and operation shall be implemented after being approved by the academic affairs meeting.
Decision of the appeal review committee shall not influence the rights of parties concerned to lodge legal prosecutions.
Chapter 5 Student affairs
Article 23
Students having studied in public high schools or accredited private high schools or equivalent schools shall be entitled to study for a bachelor ’ s degree.
Students receiving a bachelor ’ s degree or equivalent degree shall be entitled to study for a master ’ s degree.
Students receiving a master ’ s degree or equivalent degree shall be entitled to study for a doctor ’ s degree. However, graduates of the present year studying for a bachelor ’ s degree with excellent grades or studying for a master ’ s degree shall be entitled to apply to study for doctor ’ s degree directly.
Standards for recognition of equivalent educational level referred to in the previous 3 paragraphs and regulations for studying for graduates of the present year studying for a bachelor ’ s degree with excellent grades or studying for a master ’ s degree referred to in the previous paragraph shall be stipulated by the Ministry of Education.
Article 24
Student recruitment by a university shall be transacted independently or jointly with other universities following the principles of equity, justice and openness; regulations on methods, quota of recruitment (including examinations) and recognition of the examinees ’ identification as well as conflicts of interest, review of grades, treatment of students ’ appeals and other proceedings shall be formulated by the university and reported to the Ministry of Education for approval before implementation.
To carry out student recruitment or joint recruitment, universities shall organize student recruitment committees or joint boards for discussion of the previous proceedings jointly, which shall then be reported to the Ministry of Education for approval before implementation; student recruitment committees or joint boards shall entrust academic organizations or corporate bodies to carry out related examination business.
Organization, tasks of student recruitment committees or joint boards and qualifications, range of business, responsibilities of entrusted academic organizations or corporate bodies as well as other related proceeds shall be stipulated by the university or the joint board and then reported to the Ministry of Education for future reference.
For universities with departments (institutes) of arts, the qualifications of students entering the university and methods of student recruitment (including examination) shall follow the Arts Education Act and related stipulations.
Entrance examinations carried out by universities shall be provided with rules of examination and penalties of violation, which shall also be specified in the Student Recruitment Regulations.
Examinees participating in entrance examinations violating rules of examination hall and the equity of examination shall be treated according to related laws as well as the rules of examination and penalties of violation referred to in the previous paragraph and academic rules of the universities.
Article 25
When entering into an university to study for degree, student, who is from significantly affected disaster area, is a child of government official assigned overseas, receives excellent grades in international field or written contests, is awarded excellent sports achievements, is a veteran, is from Mongolia/Tibet, is an overseas compatriot, is a student from Mainland China, or is a foreign student, shall not be subject to the published recruitment quota or means as limited in the previous Article.
Students to be recruited from Mainland China as referred to in previous Paragraph shall not be admitted to those schools, departments, graduate institutes and other degree programs designated as related to national security and secret for studying therein; such designation shall be published by Ministry of Education after consulting with relevant government agencies.
Regulations as referred to in Paragraph 1 on quota, means, qualifications, term of transaction, composition of the student recruitment committee, principles of recruitment and other provisions related to the rights and responsibilities of examinees shall be stipulated by Ministry of Education; however, any such regulations as related to student from Mainland China shall be formulated by Ministry of Education and approved by Executive Yuan before promulgation.
Article 26
The studying term for a student pursuing a bachelor degree shall be 4 years as a general rule, with exception that the department, school, college, and program which he/she enrolls may require to extend the studying term for one to two more years to meet its academic needs, or to add an extra practice term of a half year to 2 years in addition to the studying term to meet its practice requirements. The studying term for a master degree shall be 1 year to 4 years while that for a doctoral degree shall be set in between 2 years and 7 years.
The studying term as mentioned in the preceding paragraph may be extended or shortened in accordance with the qualifications, terms and application procedures as designated by the University with report thereof given to the Ministry of Education for review.
A mental and physical disabled student pursuing a bachelor degree may request for prolonging the studying term with maximum 4 years for his/her special mental and physical demands and to meet his/her needs of learning, and shall exempt from quitting rules due to his/her academic performances.
A student pursuing a bachelor degree or above may request for prolonging the studying term on account of pregnancy, childbirth, or childcare for the toddler under three years old.
The total credits and course hours required for a bachelor degree stipulated in Paragraph 1 with the way of its calculation shall be regulated by Ministry of Education, while those credits and course hours required and necessary evaluations for receiving master and doctoral degrees shall be set by the University with report thereof given to the Ministry of Education for review.
Article 27
When a student completes the credits required for a credit course, the university shall award the credit certificate of the course to the student; When a student completes the credits required for a degree and passes the examinations, the university shall award the degree to the student according to law.
Article 28
A university students ’ minor study in the university or other universities, study of double degrees, courses, interuniversity optional courses, maintenance of admission qualifications, transference to other universities, departments, institutions and courses as well as suspension of school, withdrawal, disciplinary dismissal, grade assessment, transfer of credits and holiday courses, adoption and recognition of foreign degrees, treatment of enrollment relating to military service and going abroad, dual enrollment and other proceedings shall be listed in the academic rules of the universities and then reported to the Ministry of Education for future reference.
Principles for the adoption and recognition of foreign degrees referred to in the previous paragraph and procedure of recognition as well as other proceedings shall be stipulated by the Ministry of Education.
Article 29
University students may study for degrees in domestic and foreign universities at the same time upon approval; universities shall specify related proceedings in the academic regulations according to the stipulations of related decrees and then report them to the Ministry of Education for future reference.
Article 30
Studying for degrees according to the stipulations of the Act may adopt remote education for credits for part of the subjects; Regulations on the ratio of credits adopted and recognized, requirement and other proceedings shall be stipulated by the Ministry of Education.
Article 31
When carrying out extension education, universities shall follow the principle of subjects or credits of study. However, students completing credits stipulated by the departments or institutes and qualifying the examinations and at the same time passing the entrance examination may be awarded the degree according to the stipulations in the previous paragraph.
Enforcement rules of the extension education referred to in the previous paragraph shall be stipulated by the Ministry of Education.
Article 32
To ensure the effect of the students ’ study and to establish the criteria for the students ’ behavior, universities shall formulate academic rules and regulations of reward and punishment, which shall be reported to the Ministry of Education for future reference.
Article 33
To enhance each university ’ s educational achievements, the elected student representatives shall attend meetings related to students ’ studies, life, and the formulation of regulations governing awards and penalties.
Each university shall advise and assist the students to form a student association through elections in which all the students of the university have a vote, and other associated self-governing organizations, to enhance the effectiveness of students ’ on-campus learning and their ability to act autonomously.
Students are ipso facto members of the student association referred to in the preceding paragraph. The student association may collect membership fees from its members; the university shall collect such membership fees from the students on behalf of the student association if requested to do so.
Universities shall establish a student appeal system to handle cases of an appeal made by any student, or the student association, or any other student self-governing organization against some university disciplinary action, administrative action, or some other university measure or decision, to ensure that the rights and interests of students are protected.
Regulations governing the matters referred to in the previous four paragraphs shall be stipulated in the charter and by-laws of each university.
Article 33-1
When handling cases of the appeals referred to in Paragraph 4 of the preceding article, universities shall act in accord with the principles of objectivity, fairness, and professionalism, and provide the appellant sufficient opportunity to make a statement and put forward their case.
The university shall inform in writing or through some other appropriate means the appellant of the decision made after a review of their appeal, and of the remedy procedures available if the appellant is not satisfied with the decision.
Details of the student appeal system shall be set out in the Student Handbook and be widely publicized.
Article 33-2
If the appellant referred to in the preceding article has lodged an appeal with the university regarding a matter it designates administrative disciplinary action and is not satisfied with the university ’ s decision regarding their appeal, the person may initiate any further appeal proceedings available under the law.
If the appellant has lodged an appeal with the university regarding disciplinary action not included in the administrative disciplinary action category, or some other university measure or decision, and is not satisfied with the university ’ s decision regarding their appeal, depending on the particular nature of what is being appealed against, the person may initiate the proceedings available under the law to seek a remedy.
Article 34
Universities shall pay group insurance for students; Regulations on the coverage, amount, term of payment, period, standards of payment, rights and obligations as well as other proceedings shall be stipulated by the universities. Universities shall help the students with insurance claims in a positive manner.
Article 35
Items, spending purpose and amount of charges collected by University from the students shall not exceed the stipulations of Ministry of Education.
To help students study at university, the governments shall transact student loan; the loan items should cover the related expense of tuitions, fees, practice, books, accommodation, living, student group insurance and oversea study etc.; the regulations on student loan conditions, quantum, rights and obligations as well as other proceedings shall be stipulated by Ministry of Education.
Chapter 6 Supplementary Provisions
Article 36
Universities shall formulate the organizational procedure according to the Act and then report it to the Ministry of Education for approval before implementation.
Article 37
Contents in Article 25, Article 26 and Article 37 of the Statute for Appointment of Educational Personnel in conflict with the Act shall no longer be applicable.
Article 38
To optimize education, training, research and services, universities may cooperate with governmental agencies, business entities, non governmental organizations and academic institutions; Enforcement rules shall be formulated by the Ministry of Education.
Article 39
Except those kept secret according to law, information about academic affairs in universities shall be open in principle and may be provided to the people upon application.
Article 40
Unless otherwise stipulated in the Teacher Education Act and the Private School Act, the Act shall be applicable to the establishment, organization and educational faculties of universities for teacher education and private universities shall be applicable.
The central government and governments of municipalities may establish open universities, whose organization and educational faculties shall be stipulated in separate laws.
Article 41
The Enforcement Rules of the Act shall be formulated by the Ministry of Education.
Article 42
The Act shall be effective as of the date of promulgation.
The effective date of Article 25 of this Act as amended August 19, 2010 shall be prescribed by Executive Yuan.