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Title: Open University Establishment Act CH
Amended Date: 2014-01-22
Category: Ministry of Education(教育部)
Article 1
Open universities have been established and this Act has been formulated for the purpose of using communication media to put in place distance education courses and conduct supplementary and continuing education, and provide a flexible and wide range of learning channels to create a life-long learning society.
Article 2
The ‘competent authorities’ referred to in this Act are: the Ministry of Education at the central level; the respective municipal government at the in municipal level.
Article 3
There are two categories of open university: national open universities, and municipal open universities. A national open university may be established by the central competent authority after reviewing the nationwide situation; a municipal open university may be established after the municipal competent authority has obtained the approval of the central competent authority for its establishment.
Article 4
An open university will use one or a combination of media, including radio, television, and/or the internet for the implementation of teaching, and complement this with face-to-face instruction, written guidance and instruction, and other appropriate teaching methods.
Article 5
An open university shall have a president appointed for overall management of the university, and to represent the university externally. The qualifications, appointment, term of office, and reappointment of the president shall be undertaken in accordance with the relevant provisions of the Act of Governing the Appointment of Educators and the University Act.
An open university may appoint one or more deputy presidents, selected by the president, to assist the president with the promotion and implementation of academic affairs; the number, necessary qualifications, and term of office of deputy presidents shall be stipulated in each open university’s by-laws.
Article 6
An open university shall establish different departments, and if necessary may establish graduate schools offering master’s degree courses further to their undergraduate programs; it may also establish an affiliated junior college division. The establishment, changes to, or closure of the above-mentioned departments, graduate schools, and affiliated junior college divisions in a national open university shall be approved by the central competent authority; and in municipal open universities shall be approved by the municipal competent authority then forwarded to the central competent authority for endorsement of that approval.
An open university may establish inter-departmental credit courses and/or degree courses. The associated definitions, establishment criteria, procedures, and assessments shall be undertaken in accordance with the relevant provisions of the University Act.
The regulations governing the key criteria, approval procedures, and other mandatory requirements associated with the establishment, changes to, or closure of an open university and its departments, graduate schools, or any affiliated junior college division shall be formulated by the central competent authority.
Article 7
Each open university department shall have a director appointed who is responsible for its overall management; degree-course directors responsible for the degree courses may also be appointed. Each department in any affiliated junior college division shall have a director appointed who is responsible for the department’s affairs. The method of appointing directors of open university departments, junior college division departments, and degree-courses shall be undertaken in accordance with the relevant provisions of the Junior College Law and the University Act. The procedures and other mandatory requirements associated with the term of office, reappointment, and dismissal of such directors shall be stipulated in the open university’s by-laws
Article 8
An open university may establish various administrative units and/or convene various meetings; the name of each administrative unit, the tasks and duties of the various meetings, the allocation of work, and the qualifications of administrative persons-in-charge and meeting attendees, and other associated matters that must be complied with shall be deal with in accordance with the relevant provisions of the University Act and shall be stipulated in the open university’s by-laws.
Article 9
An open university may establish regional study centers; a full-time or part-time director, selected by the president, shall be appointed for each center. The director shall be responsible for managing the center. The procedures and other mandatory requirements associated with the qualifications, term of office, reappointment, and dismissal of all directors shall be stipulated in the open university’s by-laws. A certain number of personnel shall be appointed for each center.
An open university may appoint teachers to be responsible for teaching and also for providing students with academic guidance and general life counseling.
An open university may request the assistance of public educational institutions at any level to provide it with space and/or facilities it requires the use of, on the condition that the doing so does not hinder that institution’s teaching, research, or regular operations.
Article 10
An open university shall establish an academic affairs board to discuss and decide major academic affairs. Academic affairs board matters shall be undertaken in accordance with the relevant provisions of the University Act and be stipulated in the open university’s by-laws.
Article 11
An open university shall stipulate regulations governing full-time teachers’ teaching, research, guidance and instruction, services, and the design and production of teaching programs.
Article 12
An open university shall regularly carry out an evaluation of its teaching, research, services, guidance and instruction, academic affairs administration, and student participation; the regulations governing such evaluation shall be formulated by each open university.
In order to promote the development of open universities, the central competent authority shall organize an evaluation taskforce or commission an academic organization/s or professional evaluator to carry out regular evaluation of the open universities and publish the results. The results can be referred to when the government allocates educational subsidies and undertakes adjustments to the scale of university development.
Each open university shall establish a teacher appraisal system to review the achievements of teachers’ teaching, research, guidance and instruction, and services. The results serve as important reference material for teachers’ promotion, reengagement, long-term appointment, suspension, non-reengagement, and incentive awards. The regulations governing the review methods, procedure, and related specific measures shall be implemented after being discussed and approved by the academic affairs board.
Article 13
Students at an open university may not apply to defer or postpone enlistment for military service.
Article 14
Students at an open university shall be in one of two categories: full-time degree students or non-degree students.
Full-time degree students have student status; people who satisfy the following specific degree program requirements and have been enrolled through open recruitment procedures may be admitted to a degree program:
1. Graduates of a public or registered private senior high school, or school of an equivalent level, or who have attained the equivalent educational level, may enroll in an associate degree or bachelor's degree program.
2. Those who have obtained a bachelor’s degree, or have attained an equivalent educational level, may enroll in a master's degree program.
Assessment of an ‘equivalent educational level’ referred to in the previous paragraph must be undertaken in accordance with the provisions set out in the Standards for Recognition of Equivalent Educational Level As Qualified for Entering University and Criteria for Recognition of Equivalency Qualifications for Junior College Entrance Examination Regulation.
Non-degree students are not subject to academic credential requirements; anyone aged at least 18 years old may enroll in an associate degree program or a bachelor’s degree program. Those who complete 40 credits and meet eligibility requirements shall be considered to have attained an educational level equivalent to that referred to in Paragraph 2, Subparagraph 1.
Article 15
To undertake student recruitment, each open university shall organize a student recruitment committee.
The ‘student recruitment’ referred to in the previous paragraph may be conducted by means of examination, Special Admission Quotas for Recommended or Qualified Students, recommendation, or registration. The related regulations shall be formulated by each open university. The regulations formulated by a national open university shall be submitted to the central competent authority for approval; those of each municipal open university shall be submitted to the municipal competent authority for approval and forwarding to the central competent authority to endorse that approval.
The number of full-time students that enroll in an associate degree program and in a bachelor's degree program each academic year at an open university shall be reported to the following authorities no later than one month after the university year starts. A national open university shall provide details to the central competent authority for reference; municipal open universities shall provide details to the municipal competent authority to forward to the central competent authority for reference.
The number of full-time students that enroll in a master’s degree program each academic year at a national open university shall be submitted to the central competent authority for approval; the number of full-time students that enroll in a master’s degree program each academic year at a municipal open university shall be submitted to the municipal competent authority for approval and forwarding to the central competent authority to endorse that approval.
Article 16
An open university may recruit and enroll as full-time degree students or as non-degree students: citizens without household registration who have had their residency in Taiwan approved, foreigners, and residents of Hong Kong, Macau, and Mainland China. The regulations governing student recruitment, guidance and instruction, and other related matters shall be formulated by that open university. A national open university shall submit its regulations to the central competent authority for approval; municipal open universities shall submit their regulations to the municipal competent authority for approval and forwarding to the central competent authority to endorse the approval.
The citizens without household registration, foreigners, and residents of Hong Kong, Macau, and Mainland China referred to in the previous paragraph may not apply to modify or extend their residence or a extension of stay on the basis of undertaking studies in an open university.
Article 17
Each open university shall adopt a credit system.
The regulations governing the number of credits to have completed and other required number of credits in order for full-time degree student undertaking a degree to be eligible to graduate are set out below:
Associate degree: the required total number of credits may not be less than 80 credits.
Bachelor’s degree: the required total number of credits may not be less than 128 credits.
Master’s degree: the regulations governing the minimum number of credits and other assessment requirements for this degree shall be stipulated by the open university. A national open university shall provide details of its regulations to the central competent authority for reference; municipal open universities shall provide details of their regulations to the municipal competent authority to forward to the central competent authority for reference.
An open university may consider adopting the 40 study-credits specified in Article 14, Paragraph 4 as the number of credits required for graduation for the associate degree and bachelor's degree referred to in the previous paragraph.
Article 18
After completing all required credits or the credits required for a degree course, satisfactorily meeting all the assessment requirements for the degree, and passing all required examinations, a full-time degree student shall be awarded a Graduation Certificate by their open university and conferred a degree in accordance with the provisions of the Degree Conferral Law. Those who have not obtained the prescribed number of credits or the particular credits required for a degree course may be awarded a course credit certificate for the subjects they have successfully completed.
Full-time degree students who obtain the number of credits required for an academic credit course and pass the examinations shall be awarded a course credit certificate for successful completion of the academic course.
Article 19
A course credit certificate shall be awarded to non-degree students for each course they complete and pass the associated examinations. When such students are subsequently admitted as full-time degree students through open recruitment, they are entitled to claim an exemption for any courses for which they have already obtained credits.
Article 20
Each open university shall list details about the following matters in its academic rules: students undertaking double degrees; academic courses; transfer to another region; deferral of studies; temporary suspension of studies; grade assessment; credit requirements for graduation; credit transfers and waivers; summer programs; assessment and recognition of foreign academic credentials, and academic credentials issued in Hong Kong, Macau or Mainland China; dual enrollment status; studying for a degree in another domestic or foreign university, and other matters related to students’ status.
The principles, procedures, and other mandatory requirements associated with the assessment and recognition of foreign academic credentials, and academic credentials issued in Hong Kong, Macau or Mainland China referred to in the previous paragraph shall be undertaken in accordance with the provisions of the Regulations Regarding the Assessment and Recognition of Foreign Academic Credentials for Institutions of Higher Education, the Regulations Governing the Examination and Recognition of Educational Qualifications from Hong Kong and Macao, and the Regulations Governing the Examination and Recognition of Academic Credentials from the Mainland Area.
Article 21
Each open university’s academic rules and regulations governing awards and penalties shall be formulated by that open university. A national open university shall provide details of these to the central competent authority for reference; municipal open universities shall provide them to the municipal competent authority to forward to the central competent authority for reference.
Article 22
For each compulsory subject the open university shall determine the name, number of credits, how each subject will be taught, the length of each lecture broadcast, and the number of lecture times associated with each credit. A national open university shall provide these details to the central competent authority for reference; municipal open universities shall provide these details to the municipal competent authority to forward to the central competent authority for reference.
Article 23
Each open university may conduct extension education in accordance with the relevant provisions of the University Act and the Junior College Law.
Article 24
The by-laws and the personnel establishment details of an open university shall be formulated by each university. A national open university shall submit its organization regulations to the central competent authority for approval before implementing them; municipal open universities shall submit their by-laws to the municipal competent authority for approval and forwarding to the central competent authority to endorse the approval before implementing them. A national open university shall submit its personnel establishment details to the central competent authority for approval before implementing them; municipal open universities shall handle related matters in accordance with the regulations of the local municipal competent authority.
Article 25
Teacher rankings, their appointment, qualifications, and procedures affecting them in an open university shall be undertaken in accordance with the relevant provisions of the University Act and the Act of Governing the Appointment of Educators.
In addition to complying with the provisions of the Teachers’ Act, an open university may formulate regulations governing the rights and obligations of teachers and their dismissal, suspension, or non-reengagement and detail these in the academic rules,; these regulations shall be based on teaching and academic research and development requirements and be implemented after being discussed and approved by the academic affairs board. They shall also be detailed in teachers’ contracts.
Article 26
Student representatives, chosen by election, shall attend academic affairs board meetings, and meetings related to their studies, life, and the formulation of rules governing awards and penalties to enhance their open university’s educational achievements. The proportion of representatives of students attending an academic affairs board meeting may not be less than 1/10 of the number of people in attendance.
Each open university shall advise and assist the students to form a student union and other associated self-governing organizations, and also establish a student appeal system.
Matters related to the rights and interests of the students in association with the matters referred to in the previous 2 paragraphs shall be handled in accordance with the relevant provisions of the University Act and shall also be stipulated in each open university’s by-laws.
Each open university may take out group insurance for its students; regulations governing the insurance period, scope of cover, cost, payment method, payment standards, rights and obligations, and other related matters shall be determined by the open university. If a student needs to lodge an insurance claim, their university shall actively help the student to handle the matter.
The specific items charged for, and the purpose and amount of any charges collected from students by any open university may not exceed the associated limits stipulated by the central competent authority.
Article 27
With the exception of the provisions of Articles 6 and 7 pertaining to affiliated junior college divisions which take effect on August 1, 2014, the Act is effective from the date of promulgation.