i.
The Ministry of Education (MOE)
Article 21 of Regulations Regarding International Students Undertaking Studies
in Taiwan stipulates that students who are permanent residents in Taiwan shall pay
tuition and other fees per the standard fees that their educational institution applies to
domestic students. This regulation acknowledges the unique connection foreign
individuals with permanent residency have with the country. Nevertheless, individuals
holding permanent residency are not eligible for tuition reductions or subsidies for
those pursuing education at the senior high school level and beyond. This exclusion is
based on the premise that the financial resources for these subsidies are derived from
taxes contributed by citizens, aiming to safeguard the educational resources allocated
for domestic students.
Furthermore, referring to Article 56, Paragraph 1 of the Senior High School
Education Act—which omits nationality as a factor for tuition exemption—legislative
history indicates that when this provision was established, lawmakers did not raise
any concerns regarding the exclusion of non-citizens with permanent residency from
receiving tuition exemptions, nor did they contemplate their inclusion in this context.
The central competent authority, specifically the MOE, allocates the financial
resources necessary for tuition exemptions. Currently, the ministry is deliberating the
potential expansion of tuition subsidies to encompass students enrolled in private high
schools that implement independent admissions as stipulated in Article 36, Paragraph
1 of the Senior High School Education Act. In this regard, they are soliciting feedback
from various stakeholders to foster a social consensus. Nevertheless, there remains to
be more agreement on including students who do not possess R.O.C. citizenship in
this initiative, which means this aspect is not under consideration at this time.
The MOE concluded that exempting students from tuition fees in senior high
schools, while domestic students have not yet fully benefited from tuition subsidies,
and excluding non-citizens (including those without permanent residency and their
children) does not violate the right to equality or education. They regard this approach
9