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

Print Time:2024/11/22 02:00
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Chapter Law Content

Chapter IV. The President
Article 35
The President shall be the head of the State and shall represent the Republic of China in foreign relations.
Article 36
The President shall have supreme command of the land, sea and air forces of the whole country.
Article 37
The President shall, in accordance with law, promulgate laws and issue mandates with the counter-signature of the President of the Executive Yuan or with the counter-signatures of both the President of the Executive Yuan and the Ministers or Chairmen of Commissions concerned.
Article 38
The President shall, in accordance with the provisions of this Constitution, exercise the powers of concluding treaties, declaring war and making peace.
Article 39
The President may, in accordance with law, declare martial law with the approval of, or subject to confirmation by, the Legislative Yuan. When the Legislative Yuan deems it necessary, it may by resolution request the President to terminate martial law.
Article 40
The President shall, in accordance with law, exercise the power of granting amnesties, pardons, remission of sentences and restitution of civil rights.
Article 41
The President shall, in accordance with law, appoint and remove civil and military officials.
Article 42
The President may, in accordance with law, confer honors and decorations.
Article 43
In case of a natural calamity, an epidemic, or a national financial or economic crisis that calls for emergency measures, the President, during the recess of the Legislative Yuan, may, by resolution of the Executive Yuan Council, and in accordance with the Law on Emergency Decrees, issue emergency decrees, proclaiming such measures as may be necessary to cope with the situation. Such decrees shall, within one month after issuance, be presented to the Legislative Yuan for confirmation; in case the Legislative Yuan withholds confirmation, the said decrees shall forthwith cease to be valid.
Article 44
In case of disputes between two or more Yuan other than those concerning which there are relevant provisions in this Constitution, the President may call a meeting of the Presidents of the Yuan concerned for consultation with a view to reaching a solution.
Article 45
Any citizen of the Republic of China who has attained the age of 40 years may be elected President or Vice President.
Article 46
The election of the President and the Vice President shall be prescribed by law.
Article 47
The President and the Vice President shall serve a term of six years. They may be re-elected for a second term.
Article 48
The President shall, at the time of assuming office, take the following oath:
“I do solemnly and sincerely swear before the people of the whole country that I will observe the Constitution, faithfully perform my duties, promote the welfare of the people, safeguard the security of the State, and will in no way betray the people’s trust. Should I break my oath, I shall be willing to submit myself to severe punishment by the State. This is my solemn oath.”
Article 49
In case the office of the President should become vacant, the Vice President shall succeed until the expiration of the original presidential term. In case the office of both the President and the Vice President should become vacant, the President of the Executive Yuan shall act for the President; and, in accordance with the provisions of Article 30 of this Constitution, an extraordinary session of the National Assembly shall be convoked for the election of a new President and a new Vice President, who shall hold office until the completion of the term left unfinished by the preceding President. In case the President should be unable to attend to office due to any cause, the Vice President shall act for the President. In case both the President and Vice President should be unable to attend to office, the President of the Executive Yuan shall act for the President.
Article 50
The President shall be relieved of his functions on the day on which his term of office expires. If by that time the succeeding President has not yet been elected, or if the President-elect and the Vice-President-elect have not yet assumed office, the President of the Executive Yuan shall act for the President.
Article 51
The period during which the President of the Executive Yuan may act for the President shall not exceed three months.
Article 52
The President shall not, without having been recalled, or having been relieved of his functions, be liable to criminal prosecution unless he is charged with having committed an act of rebellion or treason.
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