Civil Service Training and Continuing Education Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=S0050004

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Article 1


Training and continuing education of civil service shall be governed by this Act, unless otherwise provided for in other laws.


Article 2


When drafting the civil service training and continuing education legal system and institutions, matters which relate to the country as a whole shall be undertaken by the Civil Service Protection and Training Commission (hereinafter referred to as Protection and Training Commission).
Training for personnel newly qualified through civil service exams, training for rank promotion, and training for administrative neutrality shall be undertaken by the Protection and Training Commission or the authorized agencies (organizations) or schools.
Professional training, general managerial training, training for newly appointed civil servants, and other training and continuing education matters pertaining to civil service not referred to in the pervious paragraph shall either be undertaken by central government agencies of grade two or higher; the municipal, county or city government (hereinafter referred to as the competent authorities at all levels) or the delegated subordinate agencies.
When carrying out the provisions of this Act, if there arises a need for the establishment of new regulations, said regulations shall be determined by order of the various competent authorities.


Article 3


In order to improve upon the planning, coordination and execution efficiency of training and continuing education for civil service, the Central Personnel Administration and the Protection and Training Commission, along with related agencies, shall establish a Coordination Board, training information bulletin, and resource sharing system. The regulations governing the above shall be determined following the consultation of the Coordination Board with the various related agencies.


Article 4


In accordance with this Act or other related laws and regulations, civil servants newly qualified through civil service exams, newly appointed civil servant, personnel promoted to a higher rank, newly appointed managers of all ranks, shall all be subject to the required on-job or pre-job training.
The training of a newly appointed civil servant in the employing agency or school shall be carried out by the competent authority either before said person is appointed to the position, or within four months of his/her start at the new position.
The training referred to in the previous paragraph shall have as its focus on the enrichment of basic concepts, moral integrity, service attitude, administrative procedures, technical knowledge, and other skills or knowledge that have been deemed required learning for newly appointed personnel.


Article 5


In order to ensure that civil service observe political neutrality; carry out their duties according to the law; impartially enforce the law; and do not get involved in political party disputes, the Protection and Training Commission shall implement political-neutrality related training. When training is implemented by various agencies or schools, classes on political neutrality in civil service shall be included. Regulations concerning the organization of said training shall be determined by the Examination Yuan.


Article 6


Professional training and general managerial training for civil service may be implemented in different stages in accordance with personnel rank, organizational needs, or the nature of work.
When organizational restructuring or changes in the organization occur in various agencies or schools, the various competent authorities may implement professional training in order to help on-staff personnel to acquire the specialized skills necessary for their new job responsibilities.


Article 7


During the period of training for civil service, implementation methods and issues concerning civil service training such as life counseling, requesting leave, reward and punishment, performance appraisal, withdrawal from training, stopping of training, re-training, annulment of qualification for those receiving training, scale of subsidies, certificate fees, and other related matters, shall be carried out in accordance with the necessary training regulations or training plans.
Plans for the various types of training given to civil service shall be designated by the various competent authorities.


Article 8


Continuing education for civil service is divided into degree conferring, credit-only or research projects. The methods are as follows:
1. Enrolling in or taking classes in a domestic or international educational institution of the level of a junior college or above.
2. Conducting a research project in a domestic or international agency or educational institution.
3. Attending continuing education programs in any other domestic or international agencies (organizations).
Continuing education as referred to in the previous paragraph may be in the form of off-duty learning, part-time learning, or full-time learning.


Article 9


Civil servants chosen by the employing agency or school to attend continuing education programs shall meet the following basic requirements:
1. Have an excellent work record and considered to have developmental potential.
2. Have foreign language ability. However, if a research project is undertaken domestically or a research project which has received the approval of the competent authorities is undertaken, this restriction shall not apply.
Civil servants chosen for continuing education programs as referred to in the previous paragraph shall be required to pass through a screening committee of the employing agency, in addition to receiving the approval of the agency’s director.


Article 10


The duration of participation in overseas continuing education programs by civil servants chosen by the employing agency or school is as follows:
1. One year for degree conferring or credit-only continuing education programs. However following the approval of the competent authority, the duration may be extended for a maximum of one year.
2. Six months for research projects. However, if there arises a need, a maximum of three months can be sought as an extension in accordance with relevant regulations.
Civil servants whose cases have been approved by the central government, grade one agencies shall have a maximum of four years to pursue a continuing education program. Furthermore, the restrictions of the pervious paragraph, subparagraph 1, shall not apply.


Article 11


The duration of full-time domestic continuing education programs for those civil servants chosen by the employing agency or school shall be a maximum of two years. However, following the approval of the competent authority, it may be extended for a maximum of one year.
Civil servants chosen by the employing agency or school to participate in full-time domestic continuing education programs as referred to in the preceding paragraph shall return to the employing agency to resume their duties during summer and winter vacations. However, if there exists a reason pertaining to program study needs, following the approval of the competent authority, this restriction shall not apply.


Article 12


Matters of approval and subsidies for civil servants chosen to, or themselves choosing, to apply for continuing education programs are stipulated as follows:
1. Civil servants chosen by the employing agency or school to participate in full-time continuing education programs shall receive a salary, the necessary subsidies, and shall be considered to be on-the-job during the approved period for continuing education
2. Civil servants chosen to participate in off-duty or part-time continuing education programs may receive related subsidies during the approved period of continuing education.
3. Civil servants voluntarily choosing to apply for full-time continuing education programs may be offered leave without pay for a maximum of one year provided that the employing agency or school recognizes the content of the program as having workplace application and agrees to the participation; following approval from the various competent authorities, the period can be extended for a maximum of one year; if the civil servant has superior performance in the continuing education program, the competent authority may offer to subsidize part of the tuition.
4. Civil servants voluntarily choosing to apply for an off-duty or part-time continuing education program may be offered a partial tuition subsidy when the employing agency or school recognizes the content of the program as having workplace application and agrees to the participation and if the civil servant performs well in the continuing education program.
Civil servants participating in full-time continuing education programs as referred to in subparagraph 1 or 3 of the previous paragraph shall provide their employing agency with a study report in accordance with the relevant regulations.


Article 13


The various agencies or schools shall consider workplace needs when drafting civil servant continuing education plans and these shall be attended to during the budget process.
Civil servants chosen by the employing agency or school to participate in continuing education programs shall not deviate from the approved continuing education plan; unless the competent authority has approved, there shall be no changes to said plan.


Article 14


Civil servants chosen by the employing agency or school or themselves choosing to participate in a full-time learning education plan shall, without delay, return to work at their employing agency or school when (1) the said programs are complete; (2) regardless of whether the program is finished or not, continuing education goals have been met; (3) personnel are unable to complete the program.


Article 15


Civil servants who continue to receive a salary during full-time continuing education programs, upon their return to the employing agency or school following the completion of said programs, shall carry out their work for a period of time that is equal to twice the length of time spent participating in said continuing education programs. For those who were considered to be on leave without pay during their participation in full-time continuing education programs, the period of time that shall be spent at the employing agency upon return shall be equal to the time spent in participation of the continuing education programs.
If the competent authority in accordance with other related law agrees to the transfer of civil servants referred to in the preceding paragraph to another employing agency, the duration of time spent in the differing agencies shall be combined.


Article 16


For civil servants chosen by the employing agency or school or themselves choosing to participate in full-time continuing education programs, if there occurs the following circumstances, the employing agency or school shall take the necessary disciplinary measures in accordance with the relevant regulations, or they shall be dealt with in accordance with the following regulations:
1. If there occurs a violation of Article 12, paragraph 2 or Article 13, paragraph 2, civil servants shall return all subsidies received during participation in the continuing education programs.
2. If there occurs a violation of Article 14, civil servants shall return all salary and subsidies received during participation in the continuing education programs.
3. If there occurs a violation of Article 15, civil servants shall return all salary and subsidies received during participation in the continuing education program in accordance with the proportion of non-compliance with the stated obligations.
If the violations in the preceding paragraph are not attributed to the civil servants in continuing education programs, they are exempt from liability.
Civil servants who are unable to fulfill the obligations as referred to in paragraph 1 shall be notified concerning the deadline for the payment of the penalties; if the amount has not been paid by the deadline, they shall be referred for compulsory enforcement in accordance with relevant laws.


Article 17


The various competent authorities may coordinate with academic or other institutions at home and abroad, to offer civil servants chances for life-long learning.


Article 18


In addition to being provided for in the budget, various training and continuing education fees may be collected from participating civil servants or the employing agency or school.
The amount of fees as referred to in the previous paragraph shall be determined by the various competent authorities.


Article 19


In order to facilitate the appropriate approval and assignment of positions and organizational responsibilities and ensure that civil service training and continuing education attains a high level of effectiveness, the conditions and results of the various forms of training and continuing education undertaken by civil servants shall be included in evaluation and promotion assessment reports by the various agencies or schools, where they shall be used to help determine personnel and location suitability and the naming of experts and professionals.


Article 20


The Enforcement Rules of this Act shall be prescribed by the Examination Yuan along with the Executive Yuan.


Article 21


The Act shall become effective on the date of promulgation.