Regulations Governing the Establishment, Alterations, and Cessation of Operations of Junior Colleges and Institutions of Higher Education and of Their Branch Campuses and Divisions including Skills-based Senior High School Divisions 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.