I posted this in legal but didnt get a response:
If I want to rent an office and use it only for tutoring, do I need to get licensed the same way I would if I was opening a proper buxiban? I would have more than 4 students that I taught, though I would always be teaching one on one. I want to do it completely legally as I intend to advertise.
Thanks for any help.
[quote=“animals”]I posted this in legal but didnt get a response:
If I want to rent an office and use it only for tutoring, do I need to get licensed the same way I would if I was opening a proper buxiban? I would have more than 4 students that I taught, though I would always be teaching one on one. I want to do it completely legally as I intend to advertise.
Thanks for any help.[/quote]
Hi animals,
Unfortunately, I don’t have the knowledge needed to answer that question.
Here’s a link to a thread that appears to be on a similar subject, but–with no disrespect intended to anyone–I’m not willing to vouch for any of the information in that thread:
forumosa.com/taiwan/viewtopi … 0&t=107831
Take care,
Charlie
First off if you want to do it completely legally you will need an APRC/JFRV with open work rights.
If you have that then I think this falls into a gray area where they can’t really do anything. One thing to consider is that if you aren’t licensed as a buxiban then you probably wouldn’t be able to get accidental insurance in case something happened to one of the students during a class.
Thanks for the responses. I have read that post and I am here on a JFRV. I guess it’s the “if you don’t have a license for a school you can be fined” that worries me. I intend to advertise and be near adult buxibans as a sort of cheaper alternative. Just worried about them calling the authorities on me the way rival kindergartens pressure the authorities about kindergartens with foreign teachers.
Be aware (and maybe you are) that in Taiwan, complaining to the government is an Olympic sport. They’d win the gold every year! Sure they have the Smiling and constantly saying sorry in 3 languages thing going for them, and this is because “Taiwan is SO FRIENDLY!”. Of course anyone who’s been here for more than a few years knows this is pure bullshit. In fact, few linguists know this, but Formosa is a Portugese word meaning “Island of pencil-dick haters”. true story.
So, my recommendation: just do your thing. just do it.
much like the US has AIT and TW has TECO, make sure your ads don’t use words like ‘school’ and or ‘English’ . Avoiding certain words will be key.
be clever and creative. Taiwanese are very good at abiding to ‘obvious disguises’ when it comes to business. try ‘Western Enrichment’ or’ ‘American Center’
also, have a Taiwanese to deal with EVERYTHING related to complainers and/or gov’t officials. I don’t care how good your Chinese/Taiwanese is.
Go get em animal. worst thing is you get shut down and have to move on. If you never try, you’ll always be bitter.
also, for my 
. A married dependent ARC holder can make money in any way a local can. No married man or woman should have to live like a second class citizen. Taiwan knows that their refusal to grant dual citizenship to western spouses violates their own unofficial ‘reciprocation’ policy when it comes to said countries. Go support you family, like a man is entitled to do. like i said my
T
[quote=“animals”]I posted this in legal but didnt get a response:
If I want to rent an office and use it only for tutoring, do I need to get licensed the same way I would if I was opening a proper buxiban? I would have more than 4 students that I taught, though I would always be teaching one on one. I want to do it completely legally as I intend to advertise.
Thanks for any help.[/quote]
第三條 本規則所稱補習班，指以補充國民生活知識，傳授實用技藝或輔導升學為目的，對外公開招生、收費、授課且有固定班址，預收學生人數並達五人以上之短期補習班
“‘Buxiban’ [tutorial school] as used in these regulations refers to a short-term buxiban which has as its aim the supplementation of national livelihood through knowledge, the imparting of practical technical skills, or further (tutorial) education; is open to the public for enrollment; collects fees; has a fixed (teaching) location; and has a projected student population of at least five.”
The key there is 預收學生人數, “advance-receive student population”, so if you have four students now but have registered a fifth one to start next week, I assume that means you qualify as a buxiban from the moment your fifth student registers. It doesn’t say anything about class sizes.
You can always check with a lawyer or the local authorities. (The above is for Taipei only.)
Thank you for taking the time to translate that for me and specify that it is only in Taipei (I am in Tainan County). What department of the government would I want to ask about this? Or what type of lawyer?
The Supplementary Education Act leaves it to the “designated educational authority” of the local government to decide, so for any city/county you can go to the local gov’t’s website to check (in Chinese of course). Out of curiosity I’ve just done that:
第二條
臺南市短期補習班(以下簡稱補習班),以補充國民生活知識,傳授實用技藝,落實終身學習為目的;其設立及管理,除法令另有規定外,依本規則辦理。
Article 2: Tainan buxibans further national livelihood etc… Other laws/regulations may apply. [Basically the same as Taipei.]
第三條
補習班係指對外公開招生、收費、授課且有固定班址之短期補習教育機構。
補習班由學校、機關、團體或私人辦理。
Article 3: Buxibans are short-term tutorial education organizations that are open to the public for enrollment, collect fees, and have fixed teaching locations. [Same as Taipei but without mentioning the number of students.]
Buxibans are managed by schools, organizations, groups, or individuals.
Since you’re planning to advertise, you probably can’t claim you’re not “open to the public” (對外公開招生). If there’s a loophole, I suppose a lawyer familiar with buxibans should know… 
Tainan’s Education Bureau is here: boe.tn.edu.tw/boe/wSite/mp?mp=20 You can try the contact numbers at the bottom… or just go to their office and keep smiling until an English speaker appears. While you wait, you may want to check law.moj.gov.tw for various national laws and regulations that may also be relevant, like the Civil Code (contracts and liability in general). There may be unexpected layers of red tape just for renting the office – I really don’t know. If I were doing it I would pick the brain of someone who’s already been through the process and isn’t a competitor.
[quote=“achdizzy1099”]So, my recommendation: just do your thing. just do it.
much like the US has AIT and TW has TECO, make sure your ads don’t use words like ‘school’ and or ‘English’ . Avoiding certain words will be key.
be clever and creative. Taiwanese are very good at abiding to ‘obvious disguises’ when it comes to business. try ‘Western Enrichment’ or’ ‘American Center’
Go get em animal. worst thing is you get shut down and have to move on. If you never try, you’ll always be bitter. [/quote]
Much as I admire your positive spirit, I need to share something I’ve just noticed. The MoJ’s translation of the Supplementary Education Act is a bit messy, so the first time I read it I thought the only article listing penalties for typical after-school buxibans was Article 25, but just now Article 36 of the Tainan regulations caught my eye because it has a serious penalty backed up by Article 24 of the Act, that the Taipei regulations don’t even come close to. So I checked Article 24 of the Act in Chinese and realized that it applies to all types of supplementary schools, not just the “compulsory” ones.
Supplementary Education Act:
[quote]Article 24
Where a party recruits and accepts students to attend a short-term supplementary compulsory school or a school similar to a short-term supplementary compulsory school without applying for accreditation in accordance with the law, the competent educational authority under the special municipality, county, or county-level city where the violation occurs shall order the school to close, and shall issue public notice of suspension of its operations. Equipment and fixtures used by the school may be confiscated, and its responsible person shall be assessed an administrative fine of not less than New Taiwan Dollars 50,000 and not more than New Taiwan Dollars 250,000. If, after a fine has been assessed, the party in question still refuses to close the school as required by law, fines may continue to be assessed daily.
Where an administrative fine assessed pursuant to the preceding provisions is not paid within the specified time period, the competent educational authority in the special municipality, county, or county-level city where the violation occurs shall have its order enforced by compulsory execution.
Article 25
In the event that a short-term tutorial school is poorly managed, violates this Act or other pertinent acts and regulations, or violates the conditions of its establishment permit, the competent educational authority in the special municipality, county, or county-level city where the problem occurs may render any of the following dispositions, as the facts of the case merit:
In Chinese Article 24 just says 補習班或類似 – buxiban or similar – without suggesting the compulsory type.
Taipei regulations:
So in Taipei the worst the education people will do is inspect the premises and collect information (or so it suggests). Later it mentions revoking your license, assuming you ever had one. This is clearly based on Article 25 of the Act, not Article 24. Note that it includes the “or similar” phrase.
Tainan regulations:
[quote]
第三十六條
第三十六條未依本規則規定申請核准立案,而以補習班或類似補習班名義擅自招生者,依本法第二十四條第⼀一規定,由本府命其立即停辦,並公告之;其所使用之器材、設備得沒入;其負責人處新臺幣五萬元以上二十五萬元以下罰鍰;經處罰鍰後仍不遵令停辦者,得按日連續處罰。
依前項規定所處之罰鍰,經限期繳納,屆期仍未繳納者,依本法第二十四條第⼀一項規定,由本府移送強制執行。[/quote]
So in Tainan they’re up front about coming down on you with the full force of the law – a fine of $50,000 to $250,000, per day if necessary, plus seizing your computer etc. Again note the “or similar” phrase.
So… I wouldn’t go ahead with this kind of scheme without very clear confirmation that the local authorities consider it legit. Even in Taipei, they might decide it isn’t necessary to restate the Article 24 penalty, since it’s already in the national law.
Thank you so much yyy, you answered all my questions. I really appreciate it.