These regulations are established in accordance with Article 9, Item 1, Subitem 4 of the Tutoring and Continuing Education Act (hereinafter referred to as the Act).
The term 'short-term tutoring classes' (hereinafter referred to as 'tutoring classes') refers to institutions that recruit at least five students at a fixed location and charge fees to provide short-term tutoring education as defined in Article 3 of the Act.
Private individuals or groups that register or apply for approval to hold training, activities, or courses under other laws are not subject to these regulations.
According to Article 9, Item 1, Subitem 4 of the Act, the educational administrative authority of each municipality and county (city) shall establish regulations for the management of tutoring classes in accordance with these regulations.
According to Article 6 of the Act, schools, organizations, groups, or private individuals may apply for the establishment of tutoring classes in accordance with these regulations and the local regulations for tutoring class management of each municipality and county (city).
Private individuals as mentioned in the previous paragraph include foreigners who hold a residence permit.
Tutoring classes are divided into two categories: vocational and academic, and may be combined.
Tutoring classes may not offer categories related to medical practices, aircraft operation, or violate physical and mental health development, public order, morals, or other laws. They may not engage in any medical practices or aircraft operation under the guise of practical training.
The name used by the tutoring class shall indicate the type of courses offered and may not use names that could mislead the public into thinking they are public agencies or units of a foreign government.
Within the same municipality or county (city) administrative area, tutoring classes may not use the same name or service mark as other registered tutoring classes. However, if the same person is establishing or if a previously registered tutoring class has authorized the use of its name or service mark, they may use a different name or add a franchise designation.
Tutoring classes established by schools, agencies, groups, or legal entities shall include the name of the school, agency, group, or legal entity. Those not established by such entities may not use their names unless they were registered prior to the enforcement of these regulations.
When enrolling foreign students or engaging in other legal actions, tutoring classes shall use the full name registered and approved.
According to Article 6 of the Act, the study duration for tutoring classes is between one month and one year and six months.
For study periods exceeding six months but less than one year, they shall be divided into two terms; for periods exceeding one year, they shall be divided into three terms, with each term not exceeding six months.
Tutoring classes' enrollment, fees, and courses shall be organized according to the terms mentioned above, and relevant records shall be kept for verification.
The establishment of tutoring classes shall be applied for by the founders, who must submit the following documents to the educational administrative authority of the municipality or county (city):
- 1. A plan for establishment, including the purpose, proposed name, location and area of use, names of the founders, responsible person, and class director, and proposed categories and number of classes.
- 2. Course content and schedule, subject list, duration of each term, weekly class hours, and teaching material outline.
- 3. Documentation of the educational background and experience of the responsible person, founder, and class director, as well as copies of identification documents. The class director must include a full-time declaration, and for vocational categories, must provide relevant skill certification documents.
- 4. Building usage permits, floor plans, and fire safety equipment floor plans for buildings approved for tutoring class use. However, for tutoring classes whose operational floor area is less than 200 square meters, they may apply for exemption from change of use permit requirements as defined by the municipality or county (city) authorities.
- 5. Organizational structure and staffing configuration.
- 6. For joint founders, a roster of the joint founders and the election of one as the representative.
- 7. Other documents as required by the educational administrative authority of the municipality or county (city).
The approved floor plans and fire safety equipment floor plans mentioned above must indicate classroom areas and mark offices and safety and hygiene facilities.
The educational administrative authority of the municipality or county (city) may evaluate building safety, fire safety equipment, etc., to limit the establishment of tutoring classes and the number of students they can enroll.
Those whose tutoring classes have been approved for establishment must, within six months, submit the following documents to the educational administrative authority of the municipality or county (city) to apply for registration:
- 1. Application for registration.
- 2. Proposed list of employed teaching staff: including educational and experience documentation, copies of identification documents, and a police criminal record certificate issued within the last three months; vocational teaching staff must also provide relevant skill certification documents.
- 3. Proof of usage rights for the premises: must include lease or usage agreement documentation with a minimum duration of two years, and the lease agreement must be notarized or certified; the premises must have a separate doorplate number.
- 4. Inventory of property: including desks, books, instruments, safety equipment, and other teaching materials.
- 5. Other documents required by the educational administrative authority of the municipality or county (city).
The teaching staff mentioned in the previous paragraph refers to personnel directly or indirectly employed by the tutoring class who engage in teaching, assist in teaching, provide counseling, administrative, or other labor services.
The application process mentioned in the previous article may be handled together with the registration application process; the relevant provisions will be determined by the educational administrative authority of the municipality or county (city).
After the tutoring class has been approved for registration, the educational administrative authority of the municipality or county (city) shall issue a registration certificate, which shall include the following details:
- 1. Name.
- 2. Address and area of the premises.
- 3. Name of the founder or their representative.
- 4. Name of the responsible person.
- 5. Approved categories of operation.
- 6. Approval date and document number.
- 7. Other matters as prescribed by the educational administrative authority of the municipality or county (city).
The registration certificate must be prominently displayed in the tutoring class for identification purposes.
The registration certificate may not be sold, given away, rented, or pledged.
If there are changes to the items recorded on the registration certificate mentioned in the previous article, the founder or their representative must fill out an application and submit it to the educational administrative authority of the municipality or county (city) for approval to make changes and reissue the registration certificate.
If the registration certificate is damaged or lost, the founder or their representative must fill out an application and submit either the original registration certificate or a declaration to the educational administrative authority of the municipality or county (city) to apply for reissuance or replacement.
The application process and required documents for reissuing or replacing the registration certificate are to be determined by the educational administrative authority of the municipality or county (city).
If there are joint founders, the application for the first and second items must be signed by all founders collectively.
The educational administrative authorities of each municipality and county (city) shall disclose the following relevant information on their websites for the management of tutoring classes:
- 1. Name of the tutoring class.
- 2. Address of the premises.
- 3. Area of use (including classroom area and number of classrooms).
- 4. Name of the founder or their representative.
- 5. Name of the responsible person.
- 6. Approved categories of operation (including the number of approved classes and the number of approved students per class).
- 7. Approval date and registration document number.
- 8. Names of teaching staff and their educational background.
- 9. Other matters as prescribed by the educational administrative authority of the municipality or county (city).
The tutoring class has an obligation to provide the above information.
The total area of classrooms in a tutoring class shall not be less than 30 square meters, and the average area used by each student shall not be less than 1.2 square meters.
The building of the tutoring class shall meet the requirements for lighting, illumination, ventilation, stair width, fire escape facilities, and fire safety equipment according to relevant laws. If the total floor area of the tutoring class building is above 200 square meters, a fire safety manager shall be appointed.
If a tutoring class enrolls children under the age of six, the premises may not be located on the fourth floor or above. However, this restriction does not apply to one-on-one individual teaching or if parents accompany the students.
The placement of floors in the tutoring class shall adhere to stricter regulations set by the educational administrative authority of the municipality or county (city) if applicable.
If a tutoring class intends to add premises or classrooms, it must obtain approval from the educational administrative authority of the municipality or county (city); the distance from the original registered premises shall be determined by the educational administrative authority of the municipality or county (city).
If a tutoring class voluntarily suspends operations, the founder or their representative must apply to the educational administrative authority of the municipality or county (city), stating the reasons, duration of the suspension, and how to properly handle student rights; approval must be obtained before proceeding.
The suspension period mentioned above is limited to six months and may be applied for a reduction or extension once, but must not exceed six months in total.
The tutoring class must submit an application two months before the suspension period expires, along with a plan for resuming operations and relevant documents and materials, to the educational administrative authority of the municipality or county (city) for approval to resume.
The tutoring class shall purchase relevant equipment according to the categories offered; the specifications and quantity must meet the needs of the courses and teaching.
For vocational tutoring classes, the equipment and venues used for practical training must adhere to safety measures; relevant regulations and required documents will be determined by the educational administrative authority of the municipality or county (city).
The content of the enrollment brochure for the tutoring class must include the approved categories, number of classes, number of students, start date of courses, duration of the current study period, refund policy, the approving agency and document number, and other matters prescribed by the educational administrative authority of the municipality or county (city).
When the tutoring class displays a sign externally, the sign name must match the name recorded on the approved registration certificate (including categories).
The tutoring class must uphold principles of integrity, openness, and accuracy in enrollment, and the promotional materials or advertising content must not exaggerate, mislead, violate public order or morals, or other relevant laws.
All such promotional or advertising materials must prominently indicate the approving agency and document number.
The responsible person of the tutoring class must be at least twenty years old.
If the tutoring class is affiliated with a school, agency, or group, the class director shall be the responsible person; if it is established by a legal entity, the chairman or a representative of the legal entity shall be the responsible person; if established by an individual, the founder shall be the responsible person; if there are multiple founders, a representative shall be elected as the responsible person.
The tutoring class shall appoint one class director, who must be full-time and responsible for class affairs. However, if the founder or their representative possesses qualifications as outlined in the third item, they may also serve as the class director.
The tutoring class may establish groups based on the needs of class affairs, each with one group leader and several members to manage their respective duties.
The class director must be a citizen who is at least twenty years old and meets the following qualifications:
- 1. For vocational tutoring classes:
- (a) Graduated from a college or above or has equivalent qualifications.
- (b) Graduated from a senior secondary school or equivalent, and possesses skills in the categories offered and holds certification documents.
- (c) For categories related to hairdressing, beauty, sewing, weaving, flower arrangement, cooking, or other practical skills, the class director may be a graduate of a junior high school or higher or has equivalent qualifications, and possesses skills in the categories offered and holds certification documents.
- 2. For academic tutoring classes: Graduated from a college or above or has equivalent qualifications.
Tutoring classes not established by foreigners, with all approved subjects being foreign languages, and whose students are all adults, may appoint foreigners who have obtained permanent residence and work permits as class directors, not subject to the previous restriction that they must be citizens.
Those who have any of the following circumstances may not serve as the founders or class directors of a tutoring class:
- 1. Active military personnel, current public officials, current full-time teachers in public or private schools, substitute teachers, or students. However, if the founder or class director has obtained student status due to in-service training, this does not apply.
- 2. Those convicted of murder, robbery, theft, burglary, extortion, kidnapping, fraud, breach of trust, or embezzlement, whose sentences have been confirmed, and have not served five years after the completion of their sentence.
- 3. Those who have previously served in public office and have been convicted of corruption or misconduct, whose sentences have been confirmed, and have not served three years after the completion of their sentence.
- 4. Those declared bankrupt and have not yet regained their rights.
- 5. Minors or those under guardianship or assistance declaration that have not been revoked.
- 6. Individuals with circumstances described in Article 9, Item 8 of the Act.
The tutoring class shall employ teaching personnel with professional qualifications in the subjects offered.
The aforementioned qualifications are based on diplomas issued by public or private schools or institutions, whether domestic or foreign.
Foreign employees of the tutoring class shall be handled according to the Employment Service Act and relevant regulations.
Foreigners applying for employment permits for the first time must submit a certificate of good conduct, which indicates no criminal records related to sexual offenses, sexual harassment, sexual exploitation, sexual bullying, or harm to the rights of children and adolescents, as stipulated in Article 9, Item 4 of the Act.
Staff hired by the tutoring class, when hired or transferred, must provide proof of good conduct from the police and the country issuing their dual (multiple) nationality passports.
The regulations for collecting and refunding fees by the tutoring class must be publicly announced at a prominent location in the tutoring class.
The enrollment form must include the student’s enrollment information and signature, as well as a statement indicating that the student is aware of and understands the fee collection and refund regulations.
The tutoring class's fee collection and refund regulations, as well as the student's acknowledgment of understanding these regulations, must be read thoroughly before signing the standardized contract.
For underage students, the enrollment form signed must have the consent of their legal guardian to be effective. The same applies to refund matters, which must also notify the legal guardian for collection.
The tutoring class shall issue official receipts for any fees collected and shall not require students to return the receipt under any circumstances.
The receipts must indicate the name of the tutoring class, the address, registration document number, study duration, itemized fees, total amount, and refund regulations.
If a student withdraws after paying fees, the tutoring class shall handle refunds according to the following regulations:
- 1. If the student applies for a refund before the actual start date of the course, 90% of the total agreed fee for the current class shall be refunded. However, the remaining 10% of the fee exceeding NT$1,000 shall still be refunded.
- 2. If the student applies for a refund after the actual start date of the course but within one-third of the total course hours, half of the total agreed fee for the current class shall be refunded.
- 3. If the student applies for a refund after one-third of the total course hours, no refund of the fees for the current class shall be given.
If the tutoring class violates the regulations of charging fees separately for each term as specified in Article 7, Item 3, the excess fees collected for that term shall be refunded according to the preceding regulations, while the remaining fees shall be fully refunded.
The total agreed fee mentioned in the first item shall not deduct any registration fees, reservation fees, or other charges set by the tutoring class.
Any agency fees charged by the tutoring class shall be fully refunded. However, if products have been purchased, the products shall be issued.
Students enrolling after the course has started shall consider the most recent class day after enrollment as the start date defined in the first item and use the remaining period of the course as the total course hours.
The determination of the student’s course hours, class counts, or duration shall be based on mutual agreement; if not agreed upon, it shall be determined based on actual course conditions.
If a student only pays a deposit and leaves the class before the start of the course, the tutoring class may not require the student to make up the remaining tuition that can be deducted according to the first item, Subitem 1.
The refunds mentioned in the first item may be further regulated by the educational administrative authorities of the municipality or county (city) to enhance the protection of consumer rights or for other public interest factors.
If the tutoring class encounters any of the following situations, it shall handle refunds according to the following regulations:
- 1. If the tutoring class fails to commence operations due to reasons attributable to the tutoring class, it must publicly announce and notify students before the scheduled start date and refund all fees paid within seven days of the scheduled start date.
- 2. If classes are suspended due to reasons attributable to the tutoring class, refunds shall be made in proportion to the number of classes not held.
- 3. If due to natural disasters or other unavoidable circumstances not attributable to the tutoring class, any of the previous two situations occur, the tutoring class shall refund fees paid for the current class in proportion to the remaining course hours within ten days of the incident's occurrence. However, if the student agrees to make up the classes, provide teaching materials, or handle it in other appropriate ways, this does not apply.
If a student requests to reserve or transfer due to the circumstances mentioned in the previous items and the tutoring class refuses, the tutoring class shall refund according to the previous provisions. For minor students, the request for reservation or transfer must be consented to by their legal guardian.
If a student continues attending classes for more than three times after the circumstances in the first item arise, it will be considered consent.
If the tutoring class is sanctioned by the educational administrative authority of the municipality or county (city) for violations of law, the tutoring class shall refund fees paid for the remaining course hours in proportion to the violations; if the class is stopped from enrolling, students requesting refunds shall be treated similarly.
The reasons and regulations for refunds mentioned in the first item may be further regulated by the educational administrative authority of the municipality or county (city) to enhance the protection of consumer rights or for other public interest factors.
The tutoring class shall determine the number of classes and student quotas based on classroom capacity; each class shall not exceed sixty students.
When the tutoring class implements combined teaching, the capacity of the classroom must be approved by the educational administrative authority of the municipality or county (city) based on fire safety and escape routes; the maximum number of students shall be determined by the educational administrative authority of the municipality or county (city).
Combined teaching between different tutoring classes is not allowed.
The tutoring class may not provide tutoring education to students enrolled in schools below the senior secondary level during their school hours.
The tutoring class shall not interfere with the class schedules and routines of enrolled students; it shall not promote or recruit students within the school.
Students in tutoring classes do not have formal student status, and their academic qualifications will not be recognized.
Upon completion of their studies, students may receive a certificate of completion from the tutoring class; this certificate may only serve as proof of learning in that specific vocational or academic course.
The tutoring class shall obtain public accident liability insurance. Unless otherwise specified by law, the coverage and minimum insured amount shall be as follows:
- 1. Bodily injury: NT$2 million per person; NT$10 million per incident.
- 2. Property damage: NT$2 million per incident.
- 3. Total insured amount for the policy period: NT$24 million.
If the minimum insured amount set by the municipality or county (city) government exceeds the above provisions, those regulations shall apply.
The tutoring class shall sign a written contract with students or their legal guardians, and the format and content of the contract shall comply with the standardized contract templates and prescribed items as defined in Article 9, Item 2 of the Act.
The educational administrative authority of the municipality or county (city) may dispatch personnel to inspect the tutoring class's enrollment, class structure, students, staff, equipment, and administrative matters such as fees and refunds; the tutoring class shall not evade, obstruct, or refuse inspections; if necessary, they may also form a joint guidance group with relevant authorities to conduct regular or ad hoc assessments and guidance.
The results of the inspections mentioned in the previous paragraph may be announced by the educational administrative authority of the municipality or county (city).
The educational administrative authority of the municipality or county (city) may periodically conduct evaluations of tutoring classes by itself or appoint relevant authorities (organizations) or groups to serve as the basis for guidance and rewards.
The educational administrative authority of the municipality or county (city) may publicly commend or reward tutoring classes with excellent service and outstanding performance.
Those who operate without legally applying for approval and recruit students under the name of tutoring classes or similar classes shall be dealt with according to Article 24 of the Act by the educational administrative authority of the municipality or county (city).
If the tutoring class has any of the following situations, the educational administrative authority of the municipality or county (city) may, depending on the severity of the situation, issue corrections, set deadlines for improvements, or suspend enrollment according to Article 25 of the Act:
- 1. The courses or teaching contradict educational goals or purposes.
- 2. The name is not recorded in accordance with regulations.
- 3. The sign does not comply with regulations.
- 4. Establishing unauthorized categories, expanding premises, classes, or changing class addresses or directors without approval.
- 5. Issuing false completion certificates or other certification documents.
- 6. Publishing, disseminating, or posting exaggerated and false recruitment promotional materials or advertisements.
- 7. Public safety or health equipment does not comply with regulations.
- 8. The number of students exceeds the prescribed capacity.
- 9. Failing to employ or manage foreigners as per the Employment Service Act.
- 10. Renting, lending, or pledging the premises or engaging in other actions that could affect the rights of enrolled students.
- 11. Refusing, evading, or obstructing inspections or assessments.
- 12. Failing to enter into written contracts with students, or the contract content does not comply with standardized contract provisions and prescribed items.
- 13. Not obtaining public accident liability insurance as required.
- 14. Violating relevant provisions of the Personal Data Protection Act, resulting in personal data of staff and students being stolen, tampered with, damaged, lost, or leaked.
- 15. Other violations of relevant regulations established by the educational administrative authority of the municipality or county (city) regarding tutoring classes.
If the tutoring class has any of the following situations, the educational administrative authority of the municipality or county (city) shall revoke registration or abolish establishment according to Article 25 of the Act, simultaneously canceling its registration certificate and making an announcement:
- 1. Failing to improve after being given a deadline for correction by the educational administrative authority of the municipality or county (city), with severe circumstances.
- 2. After approval, not applying for a suspension of operations, not enrolling students, or ceasing enrollment without reason for more than three months.
- 3. Not applying for an extension or resumption after the approval period for suspension has expired, or applying for resumption without approval.
- 4. Continuing to enroll students after being sanctioned to stop enrollment.
- 5. Safety equipment is still non-compliant after re-inspection, with severe circumstances.
- 6. Involvement in leaking exam questions for national examinations, entrance examinations for schools, or other examination cases, with severe circumstances.
- 7. Selling, gifting, renting, or pledging the registration certificate.
- 8. Continuing to violate the previous items after being penalized, with severe circumstances.
- 9. The responsible person has circumstances outlined in Article 9, Item 8 of the Act.
- 10. Other significant violations of relevant regulations established by the educational administrative authority of the municipality or county (city) regarding tutoring classes.
If the tutoring class has its registration revoked or establishment abolished as per the previous provisions, the founders may not apply for the establishment of a tutoring class again within one year.
The tutoring class shall implement appropriate security measures for the personal data files it holds and appoint a dedicated person to prevent personal data from being stolen, tampered with, damaged, lost, or leaked.
Illegally collecting, processing, and utilizing personal data by the tutoring class, if verified by the educational administrative authority of the municipality or county (city), shall be punished according to the Personal Data Protection Act.
The tutoring class shall not operate institutions or businesses that do not pertain to short-term tutoring education; if the founder or representative wishes to operate other institutions or businesses providing related services, they must comply with relevant establishment and management regulations; the premises must be clearly separated from the tutoring class's premises.
The application forms, registration certificates, receipts, and other related documents prescribed in these regulations shall be determined by the educational administrative authority of the municipality or county (city).
For tutoring classes established before the enforcement of these regulations, if they do not comply with the provisions of Article 12, Item 3, they must rectify within three years from the enforcement date of these regulations; if not rectified by the deadline, the educational administrative authority of the municipality or county (city) shall revoke the establishment permit and cancel the registration certificate.
These regulations shall take effect from the date of publication.
蘊藏許多助人的知識與智慧。