(2002 . 03 . 20 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 18 | Article
19 | Article 20 | Article
21 | Article 22 |
Article 23 | Article
24 | Article 25 | Article
26 | Article 27 | Article
28 | Article 29 |
Article 30 | Article
31 |
Article 1
The Enforcement Rules is prescribed pursuant to Article
16 of the Act on Property-Declaration by Public Servants
(herein after referred to as "the Act").
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Article 2
The term "political administrator(s)" referred
to in the Act means the following salary-paid persons
appointed by government organs:
- Persons to be appointed by the President pursuant
to the Constitution.
- Persons to be appointed by the Legislation Yuan
upon nomination by the President pursuant to the Constitution.
- Persons to be appointed by the President upon nomination
by Premier of the Executive Yuan pursuant to the Constitution.
- Persons specially appointed or designated.
- Other persons in reference to not less than the
12th rank in central and local government pursuant
to other acts.
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Article 3
The term "gainful-positions" referred to
in Subparagraph 4 of Paragraph 1 of Article 2 of the
Act means salaries are paid for taking the post in reference
to salary scales of the political administrators or
generals in military units.
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Article 4
The term "equivalent rank" referred to in
Subparagraph 5 of Paragraph 1 of Article 2 of the Act
means equivalent to 10th rank while "state-run
enterprises" referred to therein means various
enterprises specified in Article 2 of the Act for the
Transformation of State-run Enterprises to Private Ownership.
"First-level directors" referred therein means
directors that take positions in state-run enterprises
the ranks of which are equivalent to not less than 10th
ranks.
The ranks or equivalent ranks of the chiefs and first-level
directors referred to in Subparagraph 5 of Paragraph
1 of Article 2 of the Act shall be decided according
to their qualifications or as approved by the competent
authority organs.
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Article 5
The term "masters of public schools at various
level" referred to in Subparagraph 6 of Paragraph
1 of Article 2 of the Act means full-time of part-time
masters of public primary schools, junior high schools,
senior high schools, professional schools, technical
schools, independent colleges, universities and other
public schools and colleges established pursuant to
the Act on Cultivation of Teachers, Education of Redemption
and Further Study Act, Special Education Act and other
acts. <top>
Article 6
The term "Chiefs not less than the rank of major
general in military units" referred to in Subparagraph
7 of Paragraph 1 of Article 2 of the Act means chiefs
of military organs, military schools and military forces
the ranks of whom are not less than major general. <top>
Article 7
The term "judges" referred to in Subparagraph
10 of Paragraph 1 of Article 2 of the Act means the
following persons:
- Judges and the judges who concurrently takes the
post of chief judge at the Supreme Court.
- Judges and the judges who concurrently takes the
post of chief judge at the Administrative Court.
- Members of the Committee on the Discipline of Public
Functionaries.
- Judges and the judges who concurrently take the
post of chief judge at High Courts (branch courts)
and courts of lower levels.
The tern "procurators" referred to in Subparagraph
10 of Paragraph 1 of Article 2 of the Act means the
following persons:
- Head Procurator and procurators at Supreme Prosecutors
Office.
- Head Procurator and procurators at High Prosecutors
Office and prosecutors office of lower levels.
Judges and procurators referred to in the above two
Paragraphs shall include alternate judges, alternate
procurators but excluding those who suspend cases
authorized by acts.
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Article 8
The term "persons in charge of police, taxation,
customs, land administration, urban planning, securities
administration" referred to in Subparagraph 11
of Paragraph 1 of Article 2 of the Act means those persons
conducting respective businesses in police, taxes administration,
customs duty, land administration, urban planning or
securities administration organs or units other than
those persons handling budget accounting, personnel,
documentation or general affairs.
The term "persons in charge of judicial investigation"
referred to in Subparagraph 11 of Paragraph 1 of Article
2 of the Act means those people conducting investigation
of criminal affairs in the Investigation Bureau of the
Ministry of Justice and in its subordinate units.
The term "persons in charge of construction"
referred to in Subparagraph 11 of Paragraph 1 of Article
2 of the Act means those persons handling administration
of construction business in construction or engineering
departments or units.
The term "persons in charge of budget accounting
and purchase" referred to in Subparagraph 11 of
Paragraph 1 of Article 2 of the Act means those persons
handling the business of accounting or purchasing.
The term "directors " referred to in Subparagraph
11 of Paragraph 1 of Article of the Act means those
persons the position of whom are established by the
organizational acts or regulations and to whom special
allowance are paid as directors.
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Article 9
The "other officials approved to make declarations
on account of the special nature of their positions
" referred to in latter part of Subparagraph 11
of Paragraph 1 of Article 2 of the Act shall be decided
by the competent authority Yuan with which the officials
belong to jointly with the Examination Yuan from time
to time according to facts.
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Article 10
The public servant shall fill in the Form of Property-Declaration
by Public Servant as in the form of Schedule One and
submit it to the respective handling organ/unit.
Where the public servant assumes position after Sept.
1, 1993, he shall make the declaration within three
months after assuming the position. Where he assumed
position before Aug. 31, 1993, he shall make declarations
before Oct. 31 of the same year.
Where the handling organ/unit is changed due to transfer
of position on the part of the public servant, he shall
still make declarations pursuant to the above Paragraph.
The public servants that are approved to make property-declarations
pursuant to latter part of Subparagraph 11 of Paragraph
1 of Article 2 of the Act shall make declarations within
threes months after the date of the approval.
The period for "making declarations periodically
once in a year" referred to in Article 3 of the
Act means the period from Nov. 1 to Dec. 31 of each
year. However, if declarations have been made pursuant
to the above three Paragraphs, the period shall mean
from Nov. 1 to Dec. 31 of each year following the year
in which the declaration was made.
Properties declared shall be the properties owned
by the public servant himself, his spouse and infant
children on the date of making the declaration specified
in each Subparagraph of Paragraph 1 of Article 5 of
the Act.
(Editors note: Please refer to page 12863∼12869 of
Collection of Current Acts and Regulations of the Republic
of China published in May of 1994 (Volume 19) for Schedule
One).
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Article 11
The term "Public candidates above county (city)
level" referred to in Paragraph 2 of Article 2
of the Act means those who registered as candidates
for the President and the Vice President pursuant to
the Election and Removal of the President and the Vice
President Act and those who register as candidates for
representatives of the National Assembly, legislators,
provincial (municipal) councilors, councilors at counties
(cities), governors of municipal, governors of counties
(cities) pursuant to the Election
and Removal of Public Servants Act, the term "apply
mutatis mutandis to the Act" means provisions of
Article 5, Article 10, Paragraph 1, 3 and 4 of Article
11 and Article 13 of the Act shall be applied mutatis
mutandis.
When making registrations, the above public candidates
shall fill in the Form of Property-Declaration by Public
Candidates as in the form of Schedule Two and submit
it to the respective election committee handling the
registration.
Properties declared shall be the properties owned
by the public candidate himself, his spouse and infant
children on the date of making the declaration pursuant
to each Subparagraph in Paragraph 1 of Article 5 of
the Act.
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Article 12
Where the public servant holds concurrently two or
more statuses of those specified in each Subparagraph
of Paragraph 1 of Article 2 of the Act, he shall make
declarations respectively to handling organs/units provided
that he may make declarations in one form where the
handling organ/unit is the same one.
Where the husband and wife concurrently hold positions
as public servants specified in each Subparagraph of
Paragraph 1 of Article 2 of the Act, they shall make
declarations respectively to the handling organs/units.
Where the public servant that has made declaration
pursuant to the Act registers as public candidate above
county (city) level, he shall still make declaration
at the time of registration pursuant to the Paragraph
2 of Article 2 of the Act.
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Article 13
Where organs/units to which the persons specified in
Subparagraph 11 of Paragraph 1 of Article 2 of the Act
belong do not establish the Government Employee Ethics
Units and they have not got superior organs/units, the
handling organs/units shall be the personnel units of
the organs to which the persons making the declarations
belong.
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Article 14
Properties subject to declaration specified in each
Subparagraph of Paragraph 1 of Article 5 of the Act
shall include all properties whether within or outside
the territory of the Republic of China.
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Article 15
The term "immovable property" referred to
in Subparagraph 1 of Paragraph 1 of Article 5 and Paragraph
1 of Article 7 of the Act means land and building.
Article 16
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The term "vessel" referred to in Subparagraph
1 of Paragraph 1 of Article 5 of the Act means mechanically
propelled vessels and non-mechanically propelled vessels.
The term "car" means mechanically propelled
cars driving on the road excluding motorcycles. The
term "aircraft" means all kinds of airplanes,
aeroboats and aerodones.
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Article 17
The term "deposit" referred to in Subparagraph
2 of Paragraph 1 of Article 5 of the Act means check
deposit, current deposit, fixed deposit, savings deposit
banks, postal offices, cooperative banks, credit department
under farmer's association or fisher's association etc.
and trust fund the usage of which are designated by
the company including New Taiwan Dollar, foreign currency
(exchange) and deposits in other currencies. "Foreign
currency" referred to means cash in foreign currency
and foreign traveler's check. "Securities"
referred to means stocks, share warrants, corporate
bonds, government bonds, short-term notes, negotiable
notes, bill of lading and beneficial interests certificate
etc. "Other valuable property" means rights
or properties such as mining rights, fishing rights,
patent, exclusive right to use trade mark, copyright,
gold bars, jewelry, artworks and antiques etc.
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Article 18
The term "obligatory right" referred to
in Subparagraph 3 of Paragraph 1 of Article 5 of the
Act means the right to demand monetary payment. "Debt"
referred to means the obligation to pay money to others.
"Investment in various enterprises" means
investment to enterprises such as various companies
that do not issue shares or other securities, partnerships
or proprietary firms etc.
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Article 19
The term "certain amount" referred to in
Subparagraph 2 and 3 of Paragraph 1 of Article 5 of
the Act is hereby fixed as follows:
- For deposits, securities, obligatory right, debt
and investment in various enterprises, when the total
amount under each category reaches NTD 1 million or
the total amount of listed stocks reaches NTD 500,000.
- For foreign currencies, when the total amount of
that reaches 200,000 when converted to NTD.
- For other valuable properties, when the amount
of each piece (article) reaches NTD 200,000.
For properties of spouse and infant children of the
public servant that should be declared together pursuant
to Paragraph 2 of Article 5 of the Act, the "certain
amount" shall be calculated separately in accordance
with the above paragraph.
In converting foreign currencies (exchanges) into
NTD, the closing exchange rate of the preceding business
day of making the declaration shall be adopted. The
price of securities shall be its face value. The total
amount of the other valuable properties shall be the
listed market price of the preceding business day of
making the declaration and if there is no market price,
it shall be the past known transaction price of the
property.
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Article 20
Materials declared by the public servants pursuant
to in Paragraph 2 of Article 6 of the Act shall be submitted
to the gazette of the organ for publication within one
month after examination by the handling organ.
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Article 21
The public servant specified in Article 7 of the Act
shall make declarations pursuant to the Paragraph 1
of the same Article before enforcement of the Trust
Act and the Trust Companies Act. And after enforcement
of the Trust Act and the Trust Companies Act, when the
value of immovable properties or listed stocks (stocks
over the counter trading places) belong to the public
servant himself, his spouse or infant children reach
certain amount, he may choose to entrust the properties
to trustees pursuant to the Paragraph 3 of the same
Article.
The choice referred to above shall be made to the
handling organ/unit in writing within one month after
the enforcement of the Trust Act and the Trust Companies
Act. Where the public servant assumes position after
enforcement of the Trust Act and the Trust Companies
Act, he shall make the choice within one month after
assuming the position. Other public servants approved
by the competent authority Yuan referred to in Paragraph
2 and 3 of Article 7 of the Act shall make the choice
within one month after the approval.
Those who choose to entrust to trustees pursuant to
Paragraph 3 of Article 7 of the Act shall be exempted
to make declarations pursuant to Paragraph 1 of the
same Article.
After making the choice pursuant to Paragraph 2, if
the public servant wishes to change the choice, the
change shall be made in writing to the handling organ/unit
within the period of declaration for each year.
Article 21- 1 Declaration of immovable property specified
in Subparagraph 1 of Paragraph 1 of Article 7 of the
Act shall be made within one month after registration
for transaction of sales, exchange or granting/granted
of the immovable property.
Article 21- 2 The term "certain time period"
referred to in Paragraph 1 of Article 7 of the Act means
the period from January to February, March to April,
May to June, July to August, September to October and
November to December in each year. Provided that if
the commencing date for making declarations pursuant
to Paragraph 1 of Article 7 of the Act is not the first
date of the above periods, the "certain time period"
shall be the remaining period.
The term "engage in transaction of listed stocks
(stocks over the counter trading places) to certain
accumulated amount " referred to in Paragraph 1of
Article 7 of the Act means in purchasing and selling
listed stocks (stocks over the counter trading places)
by the public servant himself, his spouse or infant
children, the amount of transaction reaches not less
than NTD 1 million.
Article 21- 3 In making property-declarations pursuant
to Paragraph 1 of Article 7 of the Act, the Form of
Fluctuant Property-Declaration by Public Servant shall
be filled in as in the form of Schedule Three.
(Editors note: Please refer to page 12878-1∼12878-7
of Collection of Current Acts and Regulations of the
Republic of China published in May of 1994 (Volume 19)
for Schedule Three).
Article 21- 4 The term "public servants possess
interests to specific property due to his official duties"
referred to first part of Paragraph 2 and latter part
of Paragraph 3 of Article 7 of the Act means the public
servants, due to the affairs he is in charge of or under
his supervision, has substantial influence on market
order or price changes of immovable property or stock
transactions.
Article 21- 5 The term "apply mutatis mutandis
the Article 6 of the Act" referred to latter part
of Paragraph 2 of Article 7 of the Act means to apply
mutatis mutandis Paragraph 1 and 2 of Article 6 of the
Act and other relevant provisions.
Article 21- 6 Regarding the public servants prescribed
in Paragraph 3 of Article 7 of the Act, in case the
total amount of 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, they shall, within
two months of making the choice to entrust, entrust
the immovable property and the stocks that reach certain
amount to trust companies recognized by the government
with the property owner as trustor. The reafter, the
same provision shall apply if certain amount is reached
due to increase of immovable property or increase of
listed stocks (stocks over the counter trading places).
Where the trust property is immovable property, the
trustee shall make trust registration with land administration
organs at the time of acceptance of the transfer or
disposal of the property. Where the trust property is
listed stocks (stocks over the counter trading places),
the trustee shall make statements on the stocks to the
effect that they are placed in trust pursuant to relevant
regulations and directions and inform the issuing company
of the fact.
Within one month after conclusion of the trust referred
to in the Paragraph 1 and in case of any subsequent
change of trustees or other amendments to terms of the
trust contract, the public servant shall provide the
following documents to the handling organ/unit:
- A copy of the trust contract and its appendixes.
- Where the trust property is immovable property,
a copy of the register tenor conclusion of registration
of the trust referred in the above paragraph.
- Where the trust property are listed stocks (stocks
over the counter trading places), a certificate issued
by the issuing company or its transfer agent to the
effect the above statement of trust has been made
thereon referred in the above paragraph.
- Where the trust relationship is extinguished, the
public servant shall inform the handling organ/unit
in writing within ten days of extinguishment, and
make declarations pursuant to Paragraph 1 of Article
7 of the Act from the date of extinguishment involved.
Article 21- 7 The term "immovable properties
and listed stocks (stocks over the counter trading places)
the value of which reach certain amount " referred
to in Paragraph 3 of Article 7 of the Act bears the
following meaning:
- In case of immovable properties, it means that
after deducting at his own option one house (including
base area) for self-use from the lands and houses
owned by the public servant, his spouse and infant
children, the remaining whole immovable properties
with total value not less than NTD 6 million.
- In case of listed stocks (stocks over the counter
trading places), it means the total value of listed
stocks (stocks over the counter trading places) owned
by the public servant, his spouse and infant children
reaches over NTD 4 million.
As to the value of the above immovable property, it
shall be the announced value in the year of choosing
to entrust the property for lands and taxable value
in the same year for houses. The price of listed stocks
shall be the closing price of the preceding business
day to the date of choosing to entrust and the price
of stocks over the counter trading places shall be the
latest closing price before making the choice to entrust.
Regarding the increased immovable property and listed
stocks (stocks over the counter trading places), the
value of land shall be the declared value in the year
of increase while the value of houses shall be taxable
value in the same year. The price of listed stocks shall
be the closing price at the date of increase while the
price of stocks over the counter trading places shall
be the closing price at latest business day to the increase.
Article 21- 8 According to Paragraph 4 of Article 7
of the Act, trustees shall make declarations on behalf
of the public servant. It means the trustees shall make
declarations pursuant to the Article 3 of the Act and
that the declaration shall be limited to the property
in trust only, as the public servant shall make declarations
by himself on other properties.
In making property-declarations on behalf of the public
servant, the trustee shall fill in the Form of Trusted-Property-Declaration
by Public Servants as in the form of Schedule Four and
submit it to the respective handling organ/unit.
(Editors note: Please refer to page 12878-9∼12878-17
of Collection of Current Acts and Regulations of the
Republic of China published in May of 1995 (Volume 19)
for Schedule Four).
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Article 22
Representatives of the National Assembly, legislators
and councilors at municipal level shall make announcement
as to details of the source of expense paid for their
assistants, offices and transportation cars and submit
the same to the Control Yuan for publishing at gazette.
In the above circumstance, the place for announcement
shall be decided by the National Assembly, the Legislation
Yuan and the municipal councils respectively.
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Article 23
The term "public servant" referred to in
Article 9 of the Act means the persons specified in
Article 24 of the Public Servants Service Act. The term
"family members" thereof means spouses and
relatives of the public servant by the third degree
of kinship.
Where the public servant shall reuse pursuant to the
Article 9 of the Act, he shall make a written report
to his superior director and keep the report on the
record.
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Article 24
The term "designated unit" referred to in
Subparagraph 2 of Article 12 of the Act includes personnel
unit specified in the Article 13 hereof.
Article 25
Penalties imposed under this Act shall be made in
the form of Penalty Decision, which shall specify the
followings:
- 1. Name, gender, date of birth of the person against
whom penalties are imposed, his ID number or passport
number and his domicile. Where he is a public servant,
the organ with which he serves and his position and
address of the organ. Where he is a public candidate,
the year and the type of the election, address of
his domicile or his message address.
- Theme, facts, reasons and its legal grounds.
- Time period for payment of penalties.
- The organ making the Penalty Decision.
- Date of making the Penalty Decision.
- Remedies, time period and the handling organ for
refusing to accept the penalty decision.
The time period for payment of penalties under Subparagraph
3 of the above Paragraph shall be ten days after the
Penalty Decision is served to the person against whom
penalties are imposed.
ames shall be announced pursuant to the Paragraph 2
of Article 11 of the Act by the organ making the Penalty
Decision after the decision being definitive.
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Article 26
Personnel unit of the organ with which the public
servant serves shall inform the handling organ/unit
the reasons and time of assuming or leaving the position
when the public servant assumes or leaves the position.
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Article 27
The handling organ/unit, after the expiration of one
year from the date on which the person who made the
declarations lost his status as a public servant due
to reasons other than his death, shall hand over his
Form of Declaration to the original organ/unit with
which he served which shall return the same to him unless
otherwise provided by acts. In case of death of the
person who made the declarations, the Form shall be
returned to his spouse or the closest relative by the
original organ with which he serv ed.
The original organ with which the person who made
declarations served shall serve a notice on the person
to whom the return is to be made, specifying name of
the Form of Declaration to be returned, time period
and place to collect the Form.
The term "where return is impossible" referred
to latter part of the Article 14 of the Act means circumstances
where the person to whom the return is to be made is
unidentifiable or that such person failed to collect
the Form within prescribed time. Where return is impossible,
the original organs with which the persons who made
declarations served shall destroy the Forms of Declarations
periodically.
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Article 28
Where handling organ/unit is changed due to change
of position on the part of the public servant, the original
handling organ/unit shall hand over the original declaration
materials to the new handling organ/unit.
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Article 29
Service of notices and Penalty Decisions made pursuant
to the Act and this Enforcement Rules may be carried
out by the organs giving the notice or making the Penalty
Decision themselves or by organs with which the public
servants serve under their authorizations. Relevant
civil procedural provisions on service of process shall
be applied mutatis mutandis in this circumstance.
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Article 30
The Article 27 hereof shall be applied mutatis mutandis
to the return or destroy of materials declared by public
candidates specified in the Paragraph 2 of Article 2
of the Act. However, in case any public candidate is
declared to be unqualified by respective election committee
after examination, his materials declared shall be returned
within one month of announcement of the Candidates Name
List or announcement of voidance of the same.
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Article 31
The Enforcement Rules shall be in force from the date
of the enforcement of the Act.
The Articles amended (added) of the Enforcement Rules
shall be in force from date of its promulgation.
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