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Title: Organic Law of the Control Yuan CH
Amended Date: 2010-05-19
Category: Control Yuan(監察院)
Article 1
This Act is established pursuant to Article 106 of the Constitution.
Article 2
The Control Yuan shall exercise functions and powers conferred by the Constitution.
Article 3
The Control Yuan may separately establish committees. Their organization shall be prescribed by other laws.
Article 3-1
Members of the Control Yuan must be at least 35 years old and meet one of the following qualifications:
1. Service in good reputation as a central government representative for at least one term or as a member of a provincial (city) council for at least two terms.
2. Service with distinction as a selected appointment judge or prosecutor for at least 10 years and served as a judge or prosecutor in the judiciary at the level of High Court or High Court Prosecutors' Office or higher.
3. Service with distinction as a public functionaries at a selected rank for at least ten years.
4. Service in good reputation as a university professor for at least 10 years.
5. Qualification under the domestic Professional and Technical Senior Examination and at least 15 years of professional practice with good reputation.
6. A person of honesty and integrity with extensive political experience or experience presiding over a journalistic or cultural undertaking with good reputation.
The period of service or practice referred to in the preceding paragraph shall be calculated to the day prior to the start of the following term as Control Yuan member.
Article 4
The Control Yuan shall establish the National Audit Office, which shall be in charge of the following matters:
1. To supervise the implementation of budget at all levels of the government.
2. To certify receipt and payment orders at all levels of the government.
3. To examine financial activities and certify annual financial reports at all levels of the government.
4. To inspect illegalities and dereliction of duties in financial activities at all levels of the government.
5. To evaluate financial performance at all levels of the government.
6. To approve the financial responsibilities of government agency personnel.
7. To perform other audit affairs stipulated by other laws.
The organization of the National Audit Office shall be prescribed by other laws.
Article 5
The Auditor-General shall oversee the affairs of the National Audit Office.
Article 6
The president of the Control Yuan shall oversee the affairs of the Yuan and supervise subordinate agencies. If the president is unable to perform his or her duties for any reason, the vice president shall act on his or her behalf.
If the presidency of the Control Yuan is vacant, the vice president shall serve as substitute up to the day that a successor president is nominated and appointed by the President following confirmation by the Legislative Yuan.
If the positions of the president and vice president of the Control Yuan are vacant at the same time, the President shall designate one member of the Control Yuan to serve as substitute up to the day that a successor president and vice president are nominated and appointed by the President following confirmation by the Legislative Yuan.
If the positions of the president, vice president or member of the Control Yuan are vacant, the term of the successors to these positions shall expire on the last day of the original term of service.
Article 7
Meetings of the Control Yuan shall be organized by the president, vice president, and members of the Control Yuan and chaired by the president.
Article 8
The Control Yuan may establish district administrative offices nationwide for Control Yuan members nationwide according to the actual needs. Their organization shall be prescribed by other laws.
Article 9
The Control Yuan shall have a specially-appointed secretary general in charge of managing the routine operations of the Yuan and directing/supervising its staff under orders of the Yuan president. The secretary-general shall be assisted in conducting the routine business of the Yuan by one deputy secretary-general at Level 14 of the Selected Rank, under orders of the Yuan president.
Article 10
The Control Yuan shall establish a Department of Supervisory Operations, Department of Supervisory Investigation, Department of Asset-Declaration by Public Functionaries, Secretariat, General Planning Office, and Information Management Office to handle the following matters, respectively. Each office may be further divided into divisions or sections to handle affairs.
1. Matters concerning the receiving, processing and submitting of proposals for people's complaints.
2. Matters concerning censure and impeachment.
3. Matters concerning joint investigation related to investigation cases.
4. Matters concerning asset declaration by public functionaries.
5. Matters concerning the recording of meeting minutes and the editing, printing and issuing of public reports.
6. Matters concerning receiving and issuing of documents and maintaining and preserving official seals.
7. Matters concerning the treasury and general affairs.
8. Matters concerning development of comprehensive plans and research, development, and evaluation.
9. Matters concerning the overall planning and management of information systems.
10. Matters concerning coordination, liaison and news releases.
11. Other related matters.
Article 11
(Deleted)
Article 12
The Control Yuan shall have four to six counselors and four departmental directors, each at Level 12 to 13 of the Selected Rank; four to six research commissioners at the Level 11 to 13 of the Selected Rank; four deputy departmental directors at Level 11 to 13 of the Selected Rank; 24 to 28 investigation officials at Level 10 to 12 of the Selected Rank; two office directors, one director of the Complaint Receipt Center, 13 divisional chiefs and two senior specialists at Level 10 to 11 of the Selected Rank; 18 to 23 secretaries at Level 8 to 9 of the Recommended Rank, of which 11 may be at Level 10 to 12 of the Selected Rank; eight section chiefs at Level 9 of the Recommended Rank; 24 to 28 investigation officials at Level 8 to 9 of the Recommended Rank; 10 to 16 specialists and two analysts at Level 7 to 9 of the Recommended Rank; two designers at Level 6 to 8 of the Recommended Rank; 24 to 28 investigators, 15 to 23 administrative assistants and two to four stenographers at Level 5 of the Designated Rank or Level 6 to 7 of the Recommended Rank; two nurses, four to eight assistants, two operators, and one pharmacist at Level 4 to 5 of the Designated Rank, of which one nurse, four assistants and one operator may be at Level 6 of the Recommended Rank; and 10 to 18 junior assistants and 17 clerks at Level 1 to 3 of the Designated Rank.
Clerks hired before the amendment and enforcement of the Act who do not meet the qualifications for civil service employment may continue to serve in the position referred to in the previous paragraph until the time that the employee resigns.
Article 13
The Control Yuan shall establish an Accounting Office, Statistics Office, Personnel Office, and Ethics Office to perform, respectively, duties related to budgeting, accounting, statistics, personnel and ethics according to law.
The Accounting Office shall have one Accounting Officer, the Statistics Office shall have one Statistical Officer, and the Personnel Office and Ethics Office shall each have one director at Level 10 to 11 of the Selected Rank. Additional work personnel may be assigned as needed within the quota specified by the Act.
Article 13-1
Each Control Yuan member shall appoint one assistant with a period of service coterminous to that of the member.
Article 14
The regulations for Control Yuan meetings and department affairs of the Control shall be established by the Control Yuan.
Article 15
This Act shall be enforced from the date of promulgation.