History

Title:
Vocational Training Act ( 2015.07.01 Modified )Ch
No. Date Law Name
1. 2002.05.29 Vocational Training Act
2. 2011.11.09 Vocational Training Act

  Chapter I General Provisions

Article 1
In order to implement vocational training, to foster technical manpower for national construction, to enhance working technology and to promote national employment, this Act is hereby enacted.
Article 2
The competent authorities in charge of vocational training shall be the Council of Labor Affairs of the Executive Yuan at the central government level, the municipal cities at the municipal government level, and the counties/cities at the county/city government level.
Article 3
Vocational training referred to in the Act denotes to the pre-employment training for the nationals who have not been employed and the on-the-job training for those who have been already employed. The methods for their implementation shall include rudimentary training, apprenticeship training, further training, job-transfer training, and vocational training for handicapped persons.
Article 4
Vocational training shall be implemented co-ordinately with vocational education, supplementary education and employment services.

  Chapter II Vocational Training Institutions

Article 5
Vocational training institutions shall include the following three categories:
1. Those established by governmental authorities.
2. Those supplementarily established by business institutions, schools, or legal entities as social organizations.
3. Those established by legal financial entities.
Article 6
The established of vocational training institutions shall register with or obtain prior approval from the Central Competent Authority; their suspension or dissolution shall also be reported to and registered with the Central Competent Authority.
Vocational training institutions shall carry out training programs in accordance with the purposes of their establishment; they may also accept assignments to carry out training programs.
Measures for the establishment and administration of vocational training institutions shall be drawn up by the Central Competent Authority.

  Chapter III The Implementation of Vocational Training

   Section 1 Rudimentary Training

Article 7
Rudimentary training is a systematic pre-employment training implemented to the nationals who are above the age of fifteen or are graduated from junior high schools.
Article 8
Rudimentary training shall be carried out by vocational training institutions.
Article 9
For those rudimentary training of categories of jobs publicly announced by the Central Competent Authority, their training programs, hours of training and the training tools and equipment shall be carried out in accordance with the requirements of the Central Competent Authority.
Article 10
For those who have completed rudimentary training and passed the examinations, the vocational training institutions shall issue them certificates of the completion of training.

   Section 2 Apprenticeship Training

Article 11
Apprenticeship training is training programs carried out by business institutions to foster the basic technical skills of those recruited nationals who are above the age of fifteen or are graduated from junior high schools.
The categories of jobs and standards for apprenticeship training shall be drawn up and publicly announced by the Central Competent Authority.
Article 12
When business institutions carry out apprenticeship training, they shall first draw up training plans and then sign written contracts with apprentices pursuant to the stipulations of related statutes and administrative regulations.
Article 13
The training period of apprentices shall not be less than two years.
The competent authorities shall provide guidance, consultation and technical assistance to those business institutions that are carrying out apprenticeship training programs.
Article 14
For those who have completed apprenticeship training and passed the examinations, the business institutions shall issue them certificates of the completion of training.

   Section 3 Further Training

Article 15
Further training is training programs offered to the on-the-job employees to strengthen their professional techniques and knowledge, and to enhance their labor productivity.
Article 16
Further training shall be carried out by business institutions themselves, assigned to other institutions, or sent the trainees to participate in related professional training programs offered at home or abroad.
Article 17
When business institutions carry out further training, they shall, two months before the ending of the year, give a full report of their operations to the competent authorities for examination and reference.

   Section 4 Job-Transfer Training

Article 18
Job-transfer training is training programs carried out to offer job-transfers to obtain working skills and knowledge needed to find new jobs.
Article 19
In order to cope with social and economic transformations, competent authorities may carry out surveys of the needs for job-transfer training, accept training applications, and draw up training plans to co-ordinate with social welfare measures.
When competent authorities are drawing up the training plans referred to in the preceding paragraph, they shall consult with those competent authorities in charge of agricultural affairs when implementing training programs for those farmers who are voluntarily transferring their jobs.
Article 20
Job-transfer training shall be carried out by vocational training institutions.

   Section 5 Vocational Training for the Handicapped Persons

Article 21
Vocational training for handicapped persons is training programs offered to the physically handicapped persons in order for them to obtain working skills and knowledge required for their employment.
Article 22
Vocational training shall be carried out jointly by vocational training institutions, social welfare institutions or medical institutions.
Article 23
Facilities and equipment for vocational training for handicapped persons shall be complied with the requirements of the physical and safety needs of the handicapped trainees.

  Chapter IV Vocational Trainers

Article 24
Vocational trainers are those personnel who are directly in charge of teaching vocational skills and related knowledge.
The titles, grades, qualifications, selection and recruitment measures of vocational trainers shall be drawn up by the Central Competent Authority.
Article 25
For those vocational trainers who are qualified after selections and examinations, their teaching seniority in the vocational training institutions may be treated the same as those accumulated in the regular schools at the equivalent level. Their remuneration may also be referred to the same as other teachers in the regular schools at the equivalent level.
The measures of calculation and reference referred to in the preceding paragraph shall be jointly drawn up by the Central Competent Authority and competent authorities in charge of educational affairs.
Article 26
The Central Competent Authority may designate vocational training institutions to carry out rudimentary training, supplementary training and further training for vocational trainers.
The measures for fostering vocational trainers referred to in the preceding paragraph shall be drawn up by the Central Competent Authority.

  Chapter V Expenses for Business Institutions to Carry Out Training Programs

Article 27
For those business institutions that are required to carry out vocational training, their annual actual expenses to carry out vocational training programs shall not lower than the percentage of total business transaction of the same year. Of the amount of expenses is below the required percentage, they shall submit them in the required time period to the vocational training fund set up by the Central Competent Authority for carrying out comprehensive vocational training programs.
The categories of occupation, scales, the percentage of vocational training expenses, the time period required to submit the money, and the establishment, administration and utilization of the vocational training fund referred to in the preceding paragraph shall be drawn up by the Executive Yuan.
Article 28
The items of the vocational training expenses incurrable by business institutions referred to in the preceding article shall be as follows:
1. Training expenses of programs that are carried out individually or jointly.
2. Training expenses of programs there are assigned to other institutions.
3. Training expenses of assigning employees to participate in other training programs.
The measures for examining and auditing the expenses referred to in the preceding paragraph shall be drawn up by the Central Competent Authority.
Article 29
Vocational training expenses allocated in Article 27 shall be listed in independent accounting items, used solely for special purposes, and listed as ordinary operational expenses.
Article 30
For those business institutions that are required to carry out vocational training programs, they shall make a report about the use of expenses and submit it to the competent authorities within two months after the end of the year for examination and approval.

  Chapter VI  Skill Evaluations and Certifications

Article 31
In order to enhance technical skills and establish certification system, the competent authorities shall carry out skill evaluations.
The skill evaluations referred to in the preceding paragraph may, if necessary, assigned to the related institutions or associations to carry out by the Central Competent Authority.
Article 32
Categories of occupation that shall carry out skill evaluations can be divided into Class A, Class B and Class C in accordance with the scopes of their skills and the degrees of their specifications. For those categories of occupation that are not suitable for 3-Class classification, they shall be decided by the Central Competent Authority.
Article 33
For those who have passed the skill evaluations shall be referred to as technicians and shall be issued certificates of technicians uniformly by the Central Competent Authority.
Matters concerning the establishment and administration of quiz banks for skill evaluations, the qualification, training and evaluations of evaluators the qualifications for applications for skill evaluations, the delegation of academic or skill testing, the places and machines for skill testing, the assistance and review of equipment, the issuance and regulation of certificates for technicians, and the awarding for promoting the systems of skill certifications shall be prescribed by the Central Competent Authority through other measures.
Matters concerning the development of occupational classification for skill certifications, the establishment of related ethics and regulations, the production and readings of the testing, the handing procedures for skill tests, the supervision of academic testing, the supervision and evaluation of skill testing and the rules for the testing sites shall be prescribed by the Central Competent Authority through other regulations.
Article 34
When employer hiring technical personnel, for those who have obtained certificates of Class B technician, they shall be selected and employed as those graduated from professional high schools, for those who have obtained certificates of Class A technician, they shall be selected and employed as those graduated from professional colleges.
Article 35
For those business institutions whose occupations that are technically concerned with public safety, they are required to employed a certain percentage of technicians; their categories of occupations and percentage shall be determined by the Executive Yuan.

  Chapter VII Supervisions and Awards

Article 36
The competent authorities may send personnel to inspect vocational training institutions and business institutions that are carrying out vocational training anytime.
Vocational training institutions and business institutions may not refuse inspections referred to in the preceding paragraph and shall provide related information.
Article 37
After the competent authorities have made inspections and examinations of vocational training institutions or business institutions carrying out vocational training, they may proceed as follows in accordance with the results of their inspections and examinations:
1. For those with outstanding performance, they shall be awarded.
2. For those with inadequate techniques, they shall be guided.
3. For those with difficulties in expenses, they shall be subsidized.
Article 38
For those private persons, associations or business institutions that have donated properties to carry out vocational training, or have contributed with outstanding results relating to vocational training, they shall be awarded.

  Chapter VIII Penal Provisions

Article 39
In the case that vocational training institutions have not operated properly, or have violated related statutes and administrative regulations, or have violated the conditions of their establishment, the competent authorities shall take the following actions as the circumstances require:
1. Warnings.
2. Notice for improvements within certain period of time.
3. Suspension of training programs, and restructural or reorganization.
4. Revocation of permits.
Article 40
A fine of 0.2 percent of the unpaid portion of the vocational training expenses shall be imposed on the violators of the stipulations of Article 27 for each day of such violation starting from the first day of such violation until the say the unpaid expenses are paid. However, the total amount of the fines shall not exceed two times the full amount of the unpaid expenses.
Article 41
In case the unpaid portion of the vocational training expenses and the overdue penalties that should have been paid in accordance with the stipulations of the Act have not been paid after the expiration of the notification period, the case may be transferred to the court for compulsory execution.

  Chapter IX Supplementary Provisions

Article 42
The vocational training institutions which have been established before the Act becomes effect shall go through establishment and the registration procedures according to the stipulations of the Act within the period of time designated by the Central Competent Authority. In the case that they have not been finalized within the said time period, their permits shall be revoked and their registrations shall be withdrawn.
Article 43
The enforcement regulations of the Act shall be drawn up by the Executive Yuan.
Article 44
The Act shall become effective on the day of promulgation.