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

Print Time:2024/11/22 07:14
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Chapter Law Content

Chapter 2 Appointment
Article 10
The age ceilings for the newly appointed police officers at all ranks are as follows:
1. Delegated rank: 40 years old.
2. Recommended rank: 45 years old.
3. Selected rank: 50 years old.
The age ceilings do not apply to those who are appointed to a higher rank through promotion.
Article 10-1
The personnel prescribed in Article 6 with any of the following conditions shall not be appointed:
1. A person who violates any of the provisions set forth in paragraph 1, Article 28 of Civil Service Employment Act.
2. A person who has been dismissed from civil service in accordance with the Civil Service Performance Evaluation Act, been discharged in accordance with the Public Official’s Discipline Act or been dismissed in accordance with other relevant laws due to individual misconducts.
3. A person who has been listed as crime-prone individuals in accordance with any subparagraph of Paragraph 1, Article 15 of the Police Power Exercise Act.
4. A person who has committed and been convicted of crimes prescribed in Article 268 of Criminal Code and Article 267 and 350 of Criminal Code before the amended articles came into force on July 1, 2006.
5. A person who has been put in pre-trial detention or wanted in accordance with criminal procedures.
6. A person who has been expelled or excluded from Central Police University, Central Police College, Taiwan Police College or military academies.
7. A person who has been prohibited from serving as a public official in accordance with other relevant laws.
Any police officer who is found to have any of the conditions prescribed in the preceding paragraph after been appointed, their appointment shall be withdrawn.
The conduct, pay and vetting results for police officers whose appointment has been withdrawn in accordance with the preceding paragraph, shall be handled in accordance with Public Service Employment Act.
Article 11
The qualifications for the appointment of police officers are as follows:
1. Any person who has passed the police examination.
2. Police officers who have been promoted to a higher rank in accordance with the law.
3. Any person who had served as a police officer before this Act came into force and their qualifications have been reviewed in accordance with the law.
In addition to the qualifications described in the preceding paragraph, any person to be appointed to the position of the third class of the recommended rank or higher shall have graduated from or have completed training at the Central Police University or Central Police College; any person to be appointed to the position of the fourth class of the recommended rank or below shall have graduated from or have completed training at the Central Police University , Central Police College, Taiwan Police College or Taiwan Police Academy.
Article 12
Police personnel who have passed the national examination for police officers are eligible for the following appointments:
1. A person who has passed Senior Examination First Level or Special Examination First Level for Police Officers is eligible to be appointed to the first class of the recommended rank.
2. A person who has passed Senior Examination Second Level or Special Examination Second Level for Police Officers is eligible to be appointed to the third class of the recommended rank.
3. A person who has passed Senior Examination Third Level or Special Examination Third Level for Police Officers is eligible to be appointed to the fourth class of the recommended rank.
4. A person who has passed Junior Examination or Special Examination Fourth Level for Police Officers is eligible to be appointed to the third class of the delegated rank.
5. A person who has passed Elementary Examination or Special Examination Fifth Level for Police Officers is eligible to be appointed to the fourth class of the delegated rank.
In the event that no corresponding positions are available for those who have passed any of the examinations specified in Subparagraph 1 to 3 of the preceding paragraph, they may be temporarily appointed to a position with the rank one class lower.
Article 13
Regulations governing public officials’ grade advancement based on their annual performance evaluation (APE) also apply to police personnel’s class advancement.
Article 14
Passing promotion tests is required for police personnel to be promoted to a higher rank.
Police personnel who meet one of the following qualifications, and whose qualifications to serve in the current position have been reviewed by the Ministry of Civil Service, whose latest three years’ APEs are graded two As and one B or better, whose salary level is the highest of the first class of the recommended rank and who has received promotion training on the selected rank are entitled to be appointed to the fourth class of the selected rank:
1. A person who has passed Senior Examination or its equivalent Special Examination for police personnel, and served the position of the first class of the recommended rank for three years after their qualifications to serve in the current rank have been reviewed by the Ministry of Civil Service.
2. A person who has graduated from Central Police University or Central Police College with a bachelor degree or higher and has served in the position of the recommended rank for more than six years after their qualifications to serve in the current rank has been reviewed by the Ministry of Civil Service.
Under special circumstances may police personnel specified in the preceding paragraph be assigned to the position of the selected rank first and receive training within one year after the assignment. The rule which specifies a candidate is qualified for promotion to the selected rank only after they have successfully completed the promotion training does not apply under this special circumstances. The exception however, is only valid for five years after the amended articles of this Act came into force on June, 15, 2007.
If police personnel who are required to receive makeup training fail to take or pass the training, their qualifications to be appointed to the selected rank shall be revoked and shall be reappointed to the recommended rank.
Police personnel who meet any of the following qualifications and whose qualifications to serve in the current position of the first class of the delegated rank have been reviewed by the Ministry of Civil Service, whose latest three years’ APEs are graded two As and one B or better, whose salary level is the highest of the first class of the delegated rank and who has completed the recommended rank promotion training are entitled to be appointed to the fourth class of the recommended rank:
1. A person who has passed Junior Examination or the 4th grade of Special Examination for Police Officers and served the position of the first class of the delegated rank for three years after their qualifications to serve in the current rank has been reviewed by the Ministry of Civil Service.
2. A person who has graduated from Taiwan Police Academy or Taiwan Police College’s police programs and has served the first class of the delegated rank for over ten years after their qualifications to serve in the current rank have been reviewed by the Ministry of Civil Service, or who has graduated from Taiwan Police Academy or Taiwan Police College’s Advanced Police Program or Central Police College, Central Police University’s two-year program and has served the first class of the delegated rank for over eight years after their qualifications to serve in the current rank have been reviewed by the Ministry of Civil Service, or who has graduated from Central Police University ,Central Police University’s four-year program with a bachelor degree or higher and has served the first class of the delegated rank for over six years after their qualifications to serve in the current rank have been reviewed by the Ministry of Civil Service.
Police personnel specified in the preceding paragraph shall be subject to the restrictions prescribed in Paragraph 2 of Article 11 and they can only serve positions of or lower than the third class of the recommended rank. Nonetheless, police personnel with a master degree and whose latest five years’ APEs are graded four As and one B or better are entitled to serve the position as high as the second class of the recommended rank.
Regulations governing the training period, the training method, training qualifications, quota allocation and selection, performance evaluation, extension of training, termination of training, training exemption, abolishment of training qualifications, retention of training qualifications, training costs and other related matters specified in Paragraph 2 and 5 shall be enacted by the Examination Yuan.
Article 14-1
The number of years in service and APE results between police personnel and general administrative staff and technicians who are qualified to be appointed as police personnel prescribed in the organization act of a police organization or a police academy are interchangeable if their ranks are equivalent. The abovementioned police personnel and general administrative staff and technicians can be appointed interchangeably in accordance with Article 13, Paragraph 2, 5 of the preceding Article and Paragraph 1 of the Civil Service Performance Evaluation Act’s Article 11, and paragraph 2, 5 of the Civil Service Employment Act’s Article 17.
Article 15
In the event that a police officer’s appointment of the current rank had been reviewed and approved in accordance with the law before this Act came into force, their rank shall be converted according to the following principles:
1. Senior rank shall be converted to selected rank.
2. Junior rank shall be converted to recommended rank.
3. Elementary rank shall be converted to delegated rank.
Article 16
The appointment of police officers to all ranks or all classes of the selected rank shall be subject to the following procedures:
1. The appointment of police officers of the selected rank and the recommended rank shall be proposed by the Ministry of the Interior to the Ministry of Civil Service to be reviewed, and approved by the president.
2. The appointment of police officers of the delegated rank shall be proposed by the Ministry of the Interior to the Ministry of Civil Service for review and approved or be proposed by municipal governments to the Ministry of Civil Service for review and approved by the Ministry of the Interior.
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