Enforcement Rules of the Civil Service Training and Continuing Education Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=S0050006

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Article 1


These Rules are prescribed pursuant to the authority under Article 20 of the Civil Service Training and Continuing Education Act (hereinafter referred to as This Act).


Article 2


This Act is applicable to the following subjects:
1.The permanent employees who are appointed or assigned in accordance with the relevant laws in various agencies (organizations) or schools.
2.With the exception of teaching faculty, any personnel who are hired or employed by various agencies (organizations) or schools in accordance with the relevant laws.
3.Personnel newly qualified through civil service exams.


Article 3


Training as referred to in this Act means the process by which various agencies (organizations) or schools actively offer specialized knowledge and skills in order to upgrade the work performance of the employed civil servants.
Continuing education as referred to in this Act means the process by which the civil servants, either by their own accord or when chosen by the employing agency (organization) or school, participate in academic or other agency (organization) or school related study and research as a way to accommodate organizational development or promote individual development, thus leading to the furthering of academic scholarship and the acquisition of relevant experience.


Article 4


The various types of training as outlined in Article 2, paragraph 3 are defined as follows:
1.Professional Training: Professional training refers to improving position-related skills in newly promoted or on-staff personnel of various agencies (organizations) or schools for the benefit of organizational development; or as a response to changes in operations or organizational restructuring in said agencies (organizations) or schools, thereby giving on-staff personnel the knowledge and ability to meet the needs of new job responsibilities as well as the opportunity to acquire expertise in their new position.
2.General managerial training: General managerial training refers to the strengthening of general managerial skills such as leadership and management, comprehensive planning, management coordination, handling of administrative affairs, etc. in those personnel attached to various agencies (organizations) or schools.
3.Training of newly appointed civil servants: Training for newly appointed civil servants refer to training given in accordance with the relevant laws for the employment of civil servants to newly appointed or recently transferred in various agencies (organization) or schools.


Article 5


Coordination board regulation as referred to in Article 3 of this Act means the procedures, time, topics of discussion, division of labor, work-flow and other items which the co-ordination board has come to agreement on following consultation with various related agencies.


Article 6


Training of newly appointed managers of all ranks as referred to in Article 4 of this Act means managerial training in accordance with Article 14, paragraph 2 of the Civil Service Promotion Act of newly appointed elementary rank, junior rank, or senior rank personnel in managerial positions in order to develop managerial skills.


Article 7


Selection of personnel as referred to in this Act means the recommendation or designation of civil servants for participation in work-related training or continuing education by the employing agency (organization) or school on the basis of said agency's (organization's) or school ’ s workplace needs.
Voluntary application as referred to in this Act means the voluntary application of civil servants to the employing agency (organization) or school for the participation of work-related training or continuing education programs.


Article 8


Degree-conferring continuing education as referred to in this Act means civil servants, either by their own accord or as the result of being chosen by the employing agency (organization) or school, applying for domestic or foreign government-accredited schools at the level of junior college and above in order to pursue a work-related degree.
Taking credits as referred to in this Act means the work-related courses in domestic or foreign government-accredited educational institutions at the level of junior college attended by civil servants who do so either of their own accord or as a result of being chosen by the employing agency (organization) or school.
A research project as referred to in this Act means the application to either domestic or foreign agency- or government-accredited institutions or schools by civil servants, either by their own accord or as a result of being chosen by the employing agency (organization) or school, in order to carry out a research or practical learning in a work-related field.


Article 9


Off-duty learning as stated in this Act refers to civil service using non-working hours to pursue continuing education.
Part-time learning as stated in this Act refers to civil servants using a portion of working hours to pursue continuing education.
Full-time learning as stated in this Act refers to civil servants using all working hours to pursue continuing education.


Article 10


In accordance with this Act, in any one year the number of those chosen to or themselves choosing to apply for participation in either foreign or domestic part-time or full-time continuing education programs shall not exceed 1/10th of the total personnel of the respective agency (organization) or school. If the resulting number is less than one, it shall be calculated as one person.


Article 11


Attendees who have been chosen to attend full-time continuing education programs either in domestic or foreign institutions in accordance with this Act shall be granted a sabbatical for the duration of the program.
Those chosen to or themselves choosing to apply for participation in part-time continuing education programs and, having received permission to do so in accordance with this Act, shall be limited to an office leave of no more than 8 hours per-week per person.


Article 12


In accordance with this Act, after the completion of domestic or foreign full-time continuing education program, participation in the program may be extended with approval of the competent authority. However, during the period of extension the participant shall be considered to be on work leave and shall receive no salary.


Article 13


Personnel with an excellent record and development potential as referred to in Article 9, paragraph 1, subparagraph 1 of this Act means the following qualified personnel:
1.Those personnel whose year-end performance over the last two years has been a grade of A and a grade of B or above; have not been subject to criminal punishment or disciplinary warning; nor have any demerits or more severe disciplinary action been recorded during routine assessments.
2.Those personnel whose work performance has been outstanding, and have concrete evidence of such.


Article 14


Having a foreign language proficiency as referred to in Article 9, paragraph 1, subparagraph 2 of this Act means those personnel who will attend continuing education overseas and are therefore required to meet a school or agency ’ s foreign language proficiency requirements. If the foreign language requirements are not stated, Protection and Training Commission along with the Central Personnel Administration, Executive Yuan shall designate a testing institution and set the criteria for eligibility which must be met in order for candidates to be considered qualified.


Article 15


The Selection Committee as referred to in Article 9, paragraph 2 of this Act means organizing a Continuing Education Selection Committee by the various institutions (organizations) or schools in order to handle items relating to continuing education for civil servants. When organizing said Committee and setting down its meeting rules, reference shall be made to Selection Committee determined under the Civil Servants Promotion Act; when necessary the two committees may be merged.


Article 16


In accordance with the first sentence of Article 15, paragraph 1 of this Act, personnel previously sent overseas for continuing education may not be sent abroad again once having returned to work at their original retaining agency (organization) or school. However, if organizational needs necessitate said civil servants ’ participation in another overseas continuing education program, and the duration of said program does not exceed three months, following the approval of the competent authority, the above restriction shall not apply.


Article 17


Central authorities of the first grade as referred to in Article 10, paragraph 2 of this Act means the Presidential Office, National Assembly, National Security Council, Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan and Control Yuan.


Article 18


Information regarding personnel chosen to participate in overseas continuing education programs by the various agencies (organizations) and schools shall be sent to the Ministry of Foreign Affairs who shall then forward it to the overseas offices of the R.O.C. in the country or territory in which the continuing education programs are to be held.
In accordance with this Act, once personnel participating in overseas continuing education programs have arrived at their overseas destination, they shall, without delay, inform the designated overseas office. The overseas office shall have the responsibility to assist wherever necessary.


Article 19


The scope of the various subsidies as referred to in Article 12 of this Act is as follows:
1.Tuition, including class credits and administrative expenses.
2.Living expenses, transportation costs, and insurance for the duration of the time spent overseas.
3.Other necessary fees.
The fees referred to in the previous paragraph are subsidized by the agency (organization) or school to the degree that their budget dictates.


Article 20


Excellent performance within a continuing education program as referred to in Article 12, paragraph 1,subparagraph 3 and 4 means a passing grade is received in all classes while the average score is 70 or higher. For programs which do not provide assessment in terms of grades, participants shall instead turn in a research report which shall then be reviewed by the employing agency (organization) or school to affirm its contributing value.
When applying for subsidies to cover continuing education program fees or costs, civil servants shall turn in their report card, along with a receipt of payment of school tuition within 2 months after receiving said report card. If an assessment in the form of grades is not provided, personnel shall instead include the research report referred to in the previous paragraph, as well as a receipt of payment of school tuition within two months after the completion of the continuing education program.


Article 21


The civil servants of agencies (organizations) or schools who have either been chosen by said agencies (organizations) or schools or have themselves chosen to apply for full-time learning in foreign or domestic continuing education programs and have received a subsidy, shall within three months of the completion of the continuing education program provide the employing agencies (organizations) or schools with a program related research report.
Personnel going aboard to study as referred to in the previous paragraph shall provide an update of their progress to the employing agency (organization) or school every three months.


Article 22


The copyright of the research report written by the civil servant participating in full-time continuing education program as referred to in the previous article shall be assigned to the public legal entity subordinate to the employing agency (organization) or school; furthermore, the employing agency (organization) or school shall be the management agency of said copyright.


Article 23


Plans for choosing civil servants for continuing education shall include the agency (organization) or school name, theme, content, duration, and location of the continuing education program, estimated budget expenses, the number of personnel to be chosen, and the necessary qualifications and conditions.


Article 24


Offering civil servants opportunities for lifelong learning under Article 17 of this Act means the offering of the following lifelong learning measures by the various competent authorities either on their own accord or in coordination with academic or other institutions at home or abroad:
1.The establishment of learning organizations.
2.Shaping a lifelong learning culture within organizations.
3.The integration of public and private departments to handle activities related to lifelong learning.
4.The establishment and enrichment of lifelong learning web resources.
5.Other activities related to lifelong learning.


Article 25


For personnel newly qualified through civil service exams but are still in their initial training period, the regulations of this Act related to continuing education shall not apply.


Article 26


Contract-based employees hired by the various agencies (organizations) or schools in accordance with the relevant laws may apply the regulations of this Act, after receiving the permission from the Civil Service Protection and Training Commission.


Article 27


These Rules shall become effective on the date of promulgation.