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Chapter IV Legal Orders and Administrative Rules
Article 150
The term "legal order" used in this Act means an abstract prescription with external legal effects, established by an administrative authority as enabled by law in respect of general matters and applicable to a multiple number of non-specified persons.
A legal order shall specify the authority conferred by law based on which it is established, and shall not transgress the scope of such authority or divert from the legislative purposes of the enabling law.
Article 151
With the exception of legal orders relating to the military, diplomacy and other matters of material importance involving national secrets or security, the procedure set forth in this Act shall be followed by all administrative authorities in the establishment of legal orders, unless it is otherwise provided for by law.
The provisions with respect to the procedure for the establishment of legal orders shall apply mutatis mutandis to amendment to and repeal of legal orders and the cessation and resumption of the application thereof.
Article 152
A legal order may be established on the basis of either a draft formulated by the administrative authority itself or a proposal submitted by the people or a civilian body.
A proposal submitted pursuant to the preceding paragraph shall be made in writing, stating therein the purposes, legal basis and reasons for the establishment of the legal order, accompanied by relevant materials.
Article 153
The administrative authority entertaining a proposal submitted pursuant to the preceding paragraph shall take the following actions as the case may require:
1. To refer the proposal as required by article 17 hereof if the matter is found beyond its competence;
2. To notify the person submitting the proposal and give its reasons if the matter is found to involve an issue that may not be legally regulated by legal order;
3. To notify the person submitting the proposal and give its reasons if the matter is found to involve an issue that does not need to be regulated by legal order; or
4. To undertake studying and preparing a draft if it is found that a legal order is necessary.
Article 154
When formulating a legal order, the administrative authority shall cause it to be publicly announced in a government gazette or newspaper and give the following information, unless the situation is so urgent that prior announcement to the public is clearly impossible:
1. Name of the authority formulating the legal order, or the names of all authorities involved if it is required by law that the legal order be established jointly by several authorities;
2. The legal basis for establishing the legal order;
3. Full text or the essence of the draft; and
4. The statement to the effect that any person may give the designated authority his opinions within the specified period.
In addition to the public announcement made under the preceding paragraph, the administrative authority may also make the substance widely known to the general public in an appropriate manner.
Article 155
The administrative authority may hold ex officio hearings for the purpose of establishment of a legal order.
Article 156
In holding hearings for the purpose of establishment of a legal order, the administrative authority shall publish in a government gazette or newspaper a public notice thereof, giving the following details:
1. Name of the authority establishing the legal order, or the names of all authorities involved if it is required by law that the legal order be established jointly by several authorities;
2. The legal basis for establishing the legal order;
3. Full text or the essence of the draft;
4. The date and place of the hearing; and
5. The basic procedure of the hearing.
Article 157
Where a legal order is subject to approval by a superior authority as required by law, it shall not be promulgated until after it is so approved.
Where a legal order established jointly by several authorities is subject to approval by the respective superior authorities thereof or by a common superior authority as required by law, it shall be promulgated in their joint names only after it is so approved.
Legal orders shall be promulgated by way of publication in government gazettes or newspapers.
Article 158
A legal order shall be of no force and effect in any of the following circumstance:
1. Being in conflict with the Constitution or inconsistent with any law or an order of the superior authority;
2. Depriving the people of their freedom or rights or imposing any restriction thereon without authorization by law; or
3. Being non-approved by another authority if such approval is required by law.
A legal order that is partly void does not affect the validity of the remaining part, except where the regulatory purposes of the legal order would become unattainable without the part that is void, in which case the legal order shall be void in its entirety.
Article 159
The term "administrative rules" used in this Act means generalized and abstract provisions issued by a superior authority to its lower units or by a superior officer to his subordinate officers, by virtue of its or his powers, for the purpose of regulating the internal order and operation of the authority, with no direct external effects as legal norms.
Administrative rules include the following provisions:
1. General provisions relating to the organization, allotment of affairs, the manner in which business is conducted, personnel management, and other internal matters of the authority; and
2. Provisions of an interpretation nature and guidelines on the exercise of discretion, issued to assist lower units or subordinate officers in making unified interpretation of laws and regulations, finding the facts and exercising the power of discretion.
Article 160
Administrative rules shall be directed to lower units or subordinate officers.
In establishing administrative rules referred to in subparagraph 2 of the second paragraph of the preceding article, the administrative authority shall cause such rules to be signed by its head officer and released by publishing in a government gazette.
Article 161
Administrative rules that are effectively issued shall be binding upon the authority establishing such rules and its lower units and subordinate officers.
Article 162
Administrative rules may be annulled by the authority issuing such rules.
Article 160 hereof shall be applicable to the annulment of administrative rules.