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

Print Time:2024/11/27 13:35
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Chapter Law Content

Chapter VII Petition
Article 168
Every citizen is entitled to present to competent authorities petitions with respect to proposals on administrative innovations and reforms, inquiries into administrative laws and regulations, reports on acts in breach of law or neglect of administrative duties or protection of the [people's] rights and interest in administration.
Article 169
A petition may be presented in writing or orally. In the case of a petition presented orally, the authority entertaining the petition shall write it down in a record, which shall be read to or by the petitioner and then signed by or affixed with the personal seal of the petitioner. In the case of any objection raised by the petitioner to the record, it shall be corrected as requested.
Article 170
Administrative authorities shall establish operating rules in respect of the people's petitions, and shall appoint officers to deal with petitions in a prompt and unqualified manner.
Where it is necessary to keep the petition of any citizen in confidence, the authority entertaining the petition shall refrain from disclosing it to the public.
Article 171
Where a petition presented by the people is deemed by the authority entertaining the petition to be well grounded, it shall take appropriate actions therefor; if the petition is deemed to be groundless, it shall give the petitioner a notification thereof and explain in essence its point of view.
Where the authority entertaining a petition considers that the major points contained in the petition lack clarity and certainty or are open to doubts, it may notify the petitioner accordingly and demand a supplementary petition.
Article 172
If an authority has received a petition which ought to have been presented to another authority, it shall notify the petitioner accordingly; provided that, the authority in receipt of the petition shall forthwith refer it to another authority if it deems appropriate to do so and notify the petitioner thereof.
Where the law permits the institution of an administrative appeal or action or the filing of a claim for State compensation in respect of the subject matter of a petition, the authority in receipt of the petition shall notify the petitioner accordingly.
Article 173
In any of the following circumstances, the petition may be left unattended to:
1. Where the petition gives no concrete substance or does not give true name or address;
2. Where the petition is a repeat or further repeat of the same matter which has been appropriately dealt with and clearly answered; or
3. Where the authority receiving the petition is not competent to deal with the subject matter of the petition and the petitioner is found to have filed similar petitions to different authorities regarding the same matter.
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