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 9

The establishment of a branch campus by a university shall be in compliance with the following provisions:1. Application criteria:(1) The establishment of the branch campus will facilitate the university's future development, and meet national social and regional needs; establishing a branch campus is not permitted to adversely affect the existing rights and interests of the current teachers and students.(2) A university applying to establish an overseas branch campus 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. Branch campus establishment criteria:(1) Any branch campus established in the Republic of China (hereunder abbreviated to “the ROC”) shall be in compliance with the provisions of Article 4, Paragraph 2, and Article 6.(2) Any branch campus that is established overseas shall be in compliance with principles of equality and 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. Branch campus establishment fund:(1) The branch campus 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 branch campus 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 donation income derived within the ROC is not permitted to be used to establish a branch campus overseas. This restriction does not apply, however, if at the time of the donation the donor specifically indicated that the donation was for the university to use for setting up a branch campus overseas.4. Organization of branch campuses:(1) The establishment of the teaching units shall be undertaken applying, mutatis mutandis, the relevant provisions of the ordinances governing the establishment of the parent institution; the establishment of administrative units shall be undertaken in accordance with the provisions governing the establishment of the parent institution’s second tier administrative units. Any unit established overseas shall operate in accordance with the related ordinances in the country or district where it is located.(2) The organizational structure of any branch campus shall be explicitly set out in the parent institution’s organizational charter and regulations or shall be separately formulated as authorized there, and be submitted to the MOE for ratification.5. Employment of branch campus personnel:(1) Branch campus president: one person shall be appointed to oversee the affairs of the branch campus. For a branch campus set up in the ROC, the president of the parent institution shall assign the vice president of the parent institution to take a concurrent post in accordance with the provisions of the University Act and related ordinances; for any branch campus 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) Branch campus teaching staff: A branch campus set up overseas that appoints teaching staff members in the ROC shall do so acting in compliance with the related provisions of the Act Governing the Appointment of Educators and relevant ordinances; Employment of local people shall be undertaken in accordance with the related ordinances of the country or district where it is located.6. Branch campus names: The name of a branch campus shall clearly indicate the parent institution that the branch campus belongs to and shall begin with the name of the administrative district where it is located.
中文原文 專科以上學校及其分校分部專科部技術型高級中等學校部設立變更停辦辦法第9條
大學設立分校,應符合下列規定:
一、申請條件:
(一)有助於學校未來發展、國家社會及地區需要,且不得影響原有師生權益。
(二)申請境外設立分校者,為經本部評鑑辦理完善,績效卓著,且近三年決算皆無短絀者。
(三)校本部或經本部核定之分部分校應開發校地已完全開發者。
二、分校設立基準:
(一)設立於國內者,應符合第四條第二項及第六條規定。
(二)設立於境外者,應符合對等原則及當地國或地區相關法令,並應提出符合當地國或地區法令之證明。
三、分校設置經費:
(一)應以學校自籌收入及累積賸餘支應,私立大學校院其投入總額不得超過歷年累積賸餘款盈餘之二分之一,且不得影響本校營運。
(二)大學不得以籌設境外設立分校之名義,向國內銀行貸款或舉債,並不得以大學之國內資產設定負擔,向境外銀行貸款或舉債。
(三)大學於國內之捐贈所得,不得用於境外設立之分校。
但原捐贈者於捐贈時已指定供該校境外設立分校之用者,不在此限。
四、分校組織:
(一)教學單位之設置,準用本校設立之相關法令;行政單位之設置,依本校二級行政單位之規定設置。
設立於境外者,依當地國或地區相關法令辦理。
(二)分校組織應明定於本校組織規程,或由本校組織規程授權另行訂定分校組織規程,報本部核定。
五、分校人員聘任:
(一)分校校長:應置一人,綜理分校校務;設立於國內者,由本校校長依大學法相關法令規定,就本校副校長一人聘兼任之;設立於境外者,於國內派任者,由本校校長聘任之,其聘期及資格,由各大學組織規程定之,於當地聘任者,依當地國或地區相關法令辦理。
(二)分校教師:設立於境外者,於國內聘任者,應符合教育人員任用條例相關法令規定;於當地聘任者,依當地國或地區相關法令規定辦理。
六、分校名稱:應標明係本校之分校,並冠以分校所在地行政區域名稱。

English translation for reference only; the Chinese text prevails. Not legal advice.