(1995 . 07 . 12 Amended)

Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 6 | Article 7 | Article 8 |
Article 9 | Article 10 | Article 11 | Article 12 | Article 13 | Article 14 | Article 15 |
Article 16 | Article 17

Article 1

The Act is enacted to well form government employee ethics, to preserve integrity of public servants, and to establish norms to be followed by public servants facing interests.

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Article 2

The following public servants shall make property-declaration pursuant to the Act:

1. The President and the Vice President.
2. Premier and Vice Premier of the Executive Yuan, Legislation Yuan, Judicial Yuan, Examination Yuan, and Control Yuan.
3. Political administrator(s).
4. Senior Advisors, Policy Consultants, and Strategy Consultants of the Office of the President that are gainful-positions.
5. Chiefs not less than the 10th rank or equivalent rank of governments at various levels, chiefs and first-level directors not less than the 10th rank or equivalent rank of state-run enterprises.
6. Masters of public schools at various levels.
7. Chiefs not less than the rank of general major in military units.
8. Governors at above village (town, city) level elected pursuant to acts.
9. Legislators/councilors at the Legislation Yuan/Councils above county (city) level.
10. Judges and procurators.
11. Directors above county (city) level in charge of police, judicial investigation, taxation, customs, land administration, budget accounting, construction, urban planning, securities administration and purchase, government employee ethics officers (supervisors) in the military units, and other officials approved to make declarations by the competent authority Yuan jointly with the Examination Yuan on account of the special nature of their positions.

Public candidates above county (city) level apply mutatis mutandis to the Act, shall make declarations at the time of registration for election.

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Article 3

The public servant(s) shall make property-declaration within three months of assuming the position and shall make declarations periodically once in a year.

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Article 4

The following organs/units shall be the competent organs/units in charge of handling property-declarations:

1. To persons prescribed in Article 2, Paragraph 1, Subparagraph 1 to 4, 8 and 9 of the Act, the Control Yuan.
2. To persons prescribed in Article 2, Paragraph 1, Subparagraph 5 to 7, 10 and 11 of the Act, the Government Employee Ethics Units in the organs with which they serve and where there is no Government Employee Ethics Unit, the declaration shall be handled by Government Employee Ethics Unit of its superior organ or units designated by the superior organ.
3. To public candidates, the election committee at various levels.
   

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Article 5

The public servant(s) shall make declaration in respective of the following properties:

1. Immovable property, vessel, car and aircraft.
2. Deposit, foreign currency, securities or other valuable properties above certain amount.
3. Obligatory right, debt and investment to various enterprises above certain amount.

Abovementioned properties owned by spouse or infant children of the public servant(s) shall be declared together.

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Article 6

Within forty-five days of receiving declaration, the handling organs/units shall examine the materials declared and compile the information into books, which shall be available for browsing by public.

Within ten day of receiving declaration by public candidates above county (city) level, the handling organs/units shall examine the materials declared and compile the information into books, which shall be available for browsing by public.

Information declared by the President, Vice President, Premier and Vice Premier of the Executive Yuan, the Legislation Yuan, the Judicial Yuan, the Examination Yuan and the Control Yuan, political administrators, legislators, representatives of the National Assembly, supervisors, councilors at provincial (municipal) level, governors of counties (cities) shall be published at government gazette periodically.

Regulations Governing Examination and Browsing of Materials of Property-Declaration by Public Servants shall be enacted by the Executive Yuan jointly with the Examination Yuan and the Control Yuan within three months after the promulgation of the Act.

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Article 7

Where the President, Vice President, Premier and Vice Premier of the Executive Yuan, the Legislation Yuan, the Judicial Yuan, the Examination Yuan and the Control Yuan, political administrators, legislators, governors of provinces (municipals), councilors at provincial (municipal) level, governors of counties (cities) themselves or their spouses and infant children conduct sales, exchange, granting/granted of immovable properties as present or engage in transaction of listed stocks (stocks over the counter trading places) to certain accumulated amount within certain time period, they shall make declarations to respective handling organs/units within the period provided as follows:

1. In case of immovable properties, within one month of the sale, exchange or granting/granted.
2. In case of listed stocks (stocks over the counter trading places), within one moth after expiration of certain period.

Other public servants approved to make declarations by the competent authority Yuan on account of the possessing interests to specific property due to his official duties shall apply the above paragraph. In the above circumstances shall apply mutatis mutandis the Article 6 of the Act.

The President, Vice President, Premier and Vice Premier of the Executive Yuan, the Legislation Yuan, the Judicial Yuan, the Examination Yuan and the Control Yuan, political administrators, legislators, governors of provinces (municipals), councilors at provincial (municipal) level, governors of counties (cities) shall entrust the immovable properties and listed stocks (stocks over the counter trading places) owned by themselves or their spouses or infant children the value of which reach certain amount to the trust companies recognized by the government to manage and dispose of on their behalf. This provision shall also applied to other public servants approved to make declarations by the competent authority Yuan on account of the possessing interests to specific property due to his official duties.

The trustee shall make declarations to the handling organs/units on behalf of the trustor pursuant to the Act.

Provisions of the above two paragraphs shall be implemented after the promulgation in effect of the Trust Act and the Trust Companies Act.
After implementation of the provisions of trust regulations referred to above, the public servants involved may choose either to make declaration pursuant to the paragraph 1 or to entrust pursuant to the paragraph 3 hereof.

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Article 8

Representatives of the National Assembly, legislators and councilors at provincial (municipal) level shall make announcement as to the source of expense paid for their assistants, offices and transportation facilities and publish the same at government gazette periodically.

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Article 9

Regarding affairs whether the public servant is in charge of or under his supervision, where interests are involved on part of himself, his family members or trustees of his property owing to his official duties, opportunities or status, the public servants shall recuse.

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Article 10

If the handling organs/units deems the declaration to be inconsistent with facts, it may make inquiries to the organs/units, groups or individuals of the place where the property involved situates, who shall have obligation to give statements based on the facts.

If the organ/units, groups or individuals to whom the inquiries are addressed refuse to give statements without justifiable reasons or give false statements, a penalty of between NTD 20,000 to 100,000 shall be imposed and where after being informed to give statements within prescribed time period, the same still fail to give statements or give false statements, consecutive penalties of between NTD 40,000 to 200,000 shall be imposed according to the times of exceeding the time limit or false statements.

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Article 11

Where the public servant is fully aware of the obligation to make declarations, and fails to make declarations without justifiable reasons, a penalty of between NTD 60,000 to 300,000 shall be imposed. This provision shall also apply to circumstances where the public servant deliberately makes declarations not inconsistent with facts.

Where the above penalties are imposed on public servants prescribed in the subparagraph 1 to 4 and subparagraph 8 to 9 of paragraph 1 of Article 2 of the Act, their names shall be announced.

After penalties under the above paragraph 1 have been imposed, if the public servants still fail to make declarations or make corrections within prescribed time period without justifiable reasons despite being notified by the handling organs/units, an imprisonment of not more than one year, detention or a fine of between NTD 100,000 to 500,000 shall be imposed.

For anyone who makes use of the information declared referred to in paragraph 1 of Article 6 of the Act for purpose of for-profit, credit rating or money raising or for other improper purposes, a penalty of between NTD 60,000 to 300,000 shall be imposed.

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Article 12

Penalties prescribed by the Act shall be made by the following organs:

1. Where the handling organ is the Control Yuan, by the Yuan.
2. Where the handling organ/unit is the Government Employee Ethics Unit or the designated unit, by the Ministry of Justice.
3. Where the handling organ is the election committee at various levels, by the respective election committee.
   

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Article 13

Where penalties imposed pursuant to this Act are not paid within prescribed time period by notified, the case shall be evoked to the court for compulsory enforcement.

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Article 14

The handling organs/units shall return the materials of property-declaration to the person who made the declaration after the expiration of one year from the date of the public servant lost his status as a public servant prescribed in paragraph 1 of Article 2 hereof, or after the expiration of six months from the date of announcement of the elected public candidate prescribed in paragraph 2 of Article 2, Where return is impossible, the materials shall be destroyed. However, if the judicial organs or control organs inform to keep the materials on record authorized by relevant acts, the handling organs/units shall be exempted from this restriction.

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Article 15

The term "certain amount" and "other valuable property " referred to in the Act shall be decided by the Executive Yuan jointly with the Examination Yuan and the Control Yuan.

Article 16

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Enforcement Rules of this Act shall be enacted by the Executive Yuan jointly with the Examination Yuan and the Control Yuan.

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Article 17

The Act shall be in force from the date of Sept.1 1993.

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