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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 12:49
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Chapter Law Content

Title: Local Government Act CH
Category: Ministry of the Interior(內政部)
Chapter 4. Relationship Between Central and Local Governments
Article 75
If a provincial government violates the Constitution, laws, central government regulations, or exceeds its scope of authority while carrying out the matters stipulated in Article 8, the relevant central competent authorities shall report such violations to the Executive Yuan to revoke, change, terminate, or discontinue such actions.
If a government of the special municipality violates the Constitution, laws, or central government regulations promulgated in accordance with law while carrying out self-government matters, the relevant central competent authorities shall report such violations to the Executive Yuan to revoke, change, terminate, or discontinue such actions.
If a government of the special municipality violates the Constitution, laws, central government regulations, or exceeds its scope of authority while carrying out commissioned matters, the relevant central competent authorities shall report such violations to the Executive Yuan to revoke, change, terminate, or discontinue such actions.
If a county/city government violates the Constitution, laws, or central government regulations promulgated in accordance with law while carrying out self-government matters, the relevant central competent authorities shall report such violations to the Executive Yuan to revoke, change, terminate, or discontinue such actions.
If a county/city government violates the Constitution, laws, central government regulations, or exceeds its scope of authority while carrying out commissioned matters, the commissioning agency shall revoke, change, terminate, or discontinue such actions.
If a township/city office violates the Constitution, laws, central government regulations promulgated in accordance with law, or county self-government ordinances while carrying out self-government matters, the county government shall revoke, change, terminate, or discontinue such actions.
If a township/city office violates the Constitution, laws, central government regulations, county local government ordinances, or county self-government regulations, or exceeds its scope of authority while carrying out its commissioned matters, the commissioning agency shall revoke, change, terminate, or discontinue such actions.
If there is doubt as to whether the self-government matters stipulated in Paragraph 2, Paragraph 4, or Paragraph 6 violate the Constitution, laws, central government regulations promulgated in accordance with law, or county local government regulations, a motion may be filed for interpretation by the Judicial Yuan. Prior to interpretation by the Judicial Yuan, the implementation of such matters shall not be revoked, changed, terminated, or discontinued.
Article 76
If a special municipality, county/city, or township/city does not fulfill its legal obligations and as a result seriously undermines public interest or impedes the normal operations of local government affairs, and if such actions can be carried out by a proxy, the Executive Yuan, relevant central competent authorities, or county government shall separately instruct the special municipality, county/city, or township/city to fulfill its legal obligations within a specified period and may themselves act as proxy in the event of continuous inaction beyond the specified period; however, in urgent situations, the Executive Yuan, relevant central competent authorities, or county government may handle the matter directly.
If a special municipality, county/city, or township/city finds the aforementioned disposition difficult to comply with, the special municipality, county/city, or township/city shall file a complaint within the specified period. The Executive Yuan, relevant central competent authorities, or county government may, taking into account the prevailing circumstances, revise or revoke the original disposition.
Before deciding to engage a proxy, the Executive Yuan, relevant central competent authorities, or county government shall inform the agencies that are to be proxied, as well as other agencies relevant to the self-government body. After the notification by the agency in charge of the proxy, the matter shall be transferred to the proxy agency until its completion.
Expenses for the proxy shall be shouldered by the agencies that are proxied. If the local agencies refuse to shoulder such expenses, higher levels of government may deduct the amount of the expenses from subsequent annual subsidies.
If a special municipality, county/city, or township/city believes that the disposition to use a proxy is unlawful, the issue shall be handled in accordance with administrative remedy procedures.
Article 77
If there are disputes over authority between the central government, special municipalities, and counties/cities, such disputes shall be resolved by the Legislative Yuan. If there are disputes over self-government matters between counties and townships/cities, such disputes shall be resolved by the Ministry of the Interior in consultation with the relevant central competent authorities.
If there are disputes over authority between special municipalities or between special municipalities and counties/cities, such disputes shall be resolved by the Executive Yuan. If there are disputes over authority between counties/cities, such disputes shall be resolved by relevant central competent authorities. If there are disputes over authority between townships/cities, such disputes shall be resolved by the county government.
Article 78
If any of the following applies to a mayor of a special municipality, magistrate/mayor of a county/city, mayor of a township/city, or chief of village, the Executive Yuan, Ministry of the Interior, county government, township/city office or district office shall suspend their office and Article 3 of the Public Functionaries Discipline Act shall not be applicable:
1. The office holder is accused of sedition or treason, or of being in violation of the Anti-Corruption Act or the Organized Crime Prevention Act, and has been sentenced to imprisonment by a court of first instance; those in violation of the provisions in the Anti-Corruption Act that prohibit seeking personal profit should have been sentenced to not less than imprisonment by the court of appeals.
2. Apart from the aforementioned, the office holder has been accused of crimes punishable by the death penalty, life imprisonment or a minimum of not less than five (5) years imprisonment, and has been convicted by a court of first instance.
3. The office holder is being held in custody or is wanted in accordance with criminal procedures.
If the verdict of the office holder suspended from office in accordance with Subparagraph 1 or Subparagraph 2 is changed to “not guilty,” or if the office holder suspended from office in accordance with Subparagraph 3 is no longer wanted or is released, they may be allowed to resume office before the expiration of their term.
Provisions of Paragraph 1 shall not apply to an office holder suspended from office in accordance with Paragraph 1 who is subsequently elected to the same office in accordance with law and who has taken office.
An office holder suspended from office in accordance with Paragraph 1 who has been adjudicated guilty shall be allowed to resume office before the expiration of their term unless they should be relived from office in accordance with Article 79.
Prior to the promulgation of this Act, mayors of special municipalities, magistrates/mayors of counties/cities, and mayors of townships/cities suspended from office for grounds other than Paragraph 1 shall be allowed to resume office before the expiration of their term.
Article 79
If any of the following applies to a councilor of a special municipality or mayor of a special municipality, the Executive Yuan shall either relieve them of their duties or relieve them of their post; if any of the following applies to a county/city councilor or magistrate/mayor of a county/city, the Ministry of the Interior shall either relieve them of their duties or relieve them of their post; if any of the following applies to a township/city representative or mayor of a township/city, the county government shall either relieve them of their duties or relieve them of their post; the relevant council of the special municipality, county/city council, or township/city council shall also be notified. If any of the following applies to a chief of village, the township/city office or district office shall relieve them of their post. When necessary, supplementary elections shall be carried out in accordance with law:
1. When the court has declared the election win to be invalid, or when the court declares the election invalid, thus undermining the eligibility of the winner.
2. When the office holder is accused and convicted of sedition, treason, or corruption.
3. When the office holder has committed offenses listed in the Organized Crime Prevention Act and is convicted and sentenced to imprisonment.
4. When the office holder has committed a crime other than the offenses set forth in the preceding two subparagraphs, and has been convicted and sentenced to imprisonment without probation, and a fine or community service is not imposed in lieu of imprisonment.
5. When the office holder is subject to rehabilitative disposition or reformatory education; however, this provision shall not apply to those subject to protective probation.
6. When the office holder’s household registration has been transferred outside of the administrative district for not less than four months.
7. When the office holder’s civil rights have been deprived and have not been restituted.
8. When the office holder is required by the court to be under guardianship or assistance and the court order has not been revoked.
9. When there are events that call for the office holder to be relieved of their duties or to be relieved of their post in accordance with this Act.
10. When there are other events that call for the office holder to be relieved of their duties or their post under other applicable laws.
If the original term has yet to expire and the election agency has yet to announce a supplementary election, the decision to relieve an office holder of their duties or their post shall be revoked if any of the following cases applies:
1. The office holder is relieved of their duties or relieved of their post in accordance with Subparagraphs 2 to 4 in the preceding paragraph, and a verdict of “not guilty” is rendered during retrial or extra-ordinary appeal.
2. The office holder is relieved of their duties or relieved of their post in accordance with Subparagraph 5 in the preceding paragraph, and the rehabilitative disposition is revoked in accordance with law or reformatory education is rescinded after a new judgement.
3. The office holder is relieved of their duties or relieved of their post in accordance with Subparagraph 8 in the preceding paragraph, and the office holder successfully petitions the court to revoke its declaration that the office holder is under guardianship or assistance.
Article 80
A mayor of a special municipality, magistrate/mayor, mayor of a township/city, or chief of village who is unable to carry out their duties for a continuous period of not less than one (1) year due to serious illness or who is unable to carry out their duties for not less than six (6) months due to cause shall be discharged from their position in accordance with the procedures of Paragraph 1 of the preceding Article. Councilors of special municipalities, county/city councilors, and township/city representatives who fail to attend regular council meetings for two (2) sessions shall likewise be discharged from their positions.
Article 81
When a councilor of a special municipality, county/city councilor, or township/city representative resigns, is dismissed, or dies and the number of vacancies is not less than three-tenths of the total number of councilors or representatives or the number of vacancies within the same electoral district is not less than one half of the total, a supplementary election shall be held; however, no supplementary election shall be held if the remaining term of office is not more than two (2) years and the number of vacancies is not less than one-half of the total.
Councilors of special municipalities, county/city councilors, and township/city representatives elected during the supplementary election shall only serve the remaining term of office.
Resignations of councilors of special municipalities, county/city councilors, or township/city representatives in Paragraph 1 shall be submitted in writing to the council of the special municipality, county/city council, or township/city council. The resignation shall become effective once the letter of resignation is submitted to the council.
Article 82
If a mayor of a special municipality, magistrate/mayor, mayor of township/city, or chief of village resigns, is removed from office, or in the event of their death, the Executive Yuan shall appoint an acting mayor of the special municipality; the Ministry of the Interior shall request that the Executive Yuan to appoint an acting magistrate/mayor; the county government shall appoint an acting mayor of township/city; the township/city office shall appoint an acting chief of village.
If a mayor of a special municipality is suspended from their position, the deputy mayor shall become the acting mayor. If the position of the deputy mayor is vacant or if the deputy mayor is unable become the acting mayor, the Executive Yuan shall appoint an acting mayor. If a magistrate/mayor is suspended from their position, the deputy magistrate/mayor shall become the acting magistrate/mayor. If the position of the deputy magistrate/mayor is vacant or if the deputy magistrate/mayor is unable become the acting magistrate/mayor, the Ministry of the Interior shall request that the Executive Yuan to appoint an acting magistrate/mayor. If a mayor of township/city is suspended from their position, the county government shall appoint an acting mayor; if there is a deputy mayor, the deputy mayor shall become the acting mayor. If a chief of village is suspended from their position, the township/city office shall appoint an acting chief of village.
The acting mayor of a special municipality, magistrate/mayor, mayor of a township/city, or chief of village detailed in the preceding two (2) paragraphs shall not be the spouse, former spouse, relative by blood within the fourth degree or relative by marriage within the third degree of kinship of the original office holder.
If a mayor of a special municipality, magistrate/mayor, mayor of township/city, or chief of village resigns, is removed from office, or in the event of their death, a supplementary election shall be completed within three (3) months from the day of such event. However, if the remaining term is not more than two (2) years, no supplementary election shall be held. The acting mayor of the special municipality, magistrate/mayor, mayor of a township/city, or chief of village shall serve until the expiration of the current term of office.
The winner of the aforementioned supplementary election shall take their oath of office within ten (10) days from the announcement of the successful election. The term of office shall be until the expiration of the current term and shall be counted as one term of office.
The resignations stipulated in Paragraph 1 shall be carried out in writing. Mayors of special municipalities shall tender their resignation with and receive approval from the Executive Yuan; magistrates/mayors shall tender their resignation with the Ministry of the Interior, which shall in turn submit the resignation to the Executive Yuan for approval; mayors of the township/city shall tender their resignation with and receive approval from the county government; chiefs of village shall tender their resignation with and receive approval from the township/city office or the district office. Resignations shall take effect on the day the resignation is approved.
Article 83
When the term of office for a councilor of the special municipality, mayor of the special municipality, county/city councilor, magistrate/mayor, township/city representative, a mayor of the township/city, or chief of village expires or when such an office becomes vacant and thus in need of an election or supplementary election, such an election or supplementary election may be postponed under extraordinary circumstances.
The aforementioned postponement of the election or supplementary election of a councilor of the special municipality, mayor of the special municipality, county/city councilor, or magistrate/mayor shall be carried out upon approval by the Executive Yuan or Ministry of the Interior, respectively.
In accordance with Paragraph 1, the aforementioned postponement of the election or supplementary election of a township/city representative, mayor of the township/city, or chief of village shall be carried out upon approval by the respective special municipality or county/city government.
When an election is postponed in accordance with the preceding three paragraphs, the current term of office shall be lengthened on the basis of the prevailing circumstances. If the office should become vacant during the lengthened term, no supplementary election shall be held.
Article 83-1
The tenure of the following local public officials shall be adjusted to end on Dec. 25, 2014:
1. Magistrates/mayors whose terms end on Dec. 20, 2013.
2. County/city councilors and mayors of township/city whose terms end on March 1, 2014.
3. Township/city representatives and chiefs of village whose terms end on Aug. 1, 2014.
4. Chiefs of village in Taipei City whose terms end on Jan. 16, 2015.
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