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

Print Time:2024/11/24 09:40
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Chapter Law Content

Title: Professional Engineers Act CH
Category: Public Construction Commission, Executive Yuan(行政院公共工程委員會)
Chapter Four Professional Engineer Association
Article 24
Professional engineers shall not practice the profession unless they join the professional engineer association of the corresponding engineering branch. The professional engineer association shall not reject the application for entry.
Professional engineers shall pay the membership fee according to the statutes of the professional engineer association.
Article 25
Professional engineer associations shall be organized by and named after the respective engineering branches. Several engineering branches may be jointly organized into one professional engineering association if necessary.
Article 26
The professional engineer association of each engineering branch or one that is jointly organized by several engineering branches shall be established in the provincial (municipal) or national association. However, the number of the association of the same engineering branch within the administrative area is limited to one, and the provincial (municipal) professional engineer association shall not be organized if there is a national professional engineer association.
Article 27
The provincial (municipal) professional engineer association shall be duly organized by a minimum of seven professional engineers as promoters in the provincial (municipal) administrative region. The professional engineers may join the neighboring associations if there are less than seven in number in the province (municipality) or region.
The national professional engineer association shall be organized by a minimum of twenty professional engineers who practice the profession as the promoters.
Article 28
The provincial (municipal) professional engineer associations, which were organized before the enforcement of the amended provisions in this Act on May 31th, 2011, may be organized into the national association of each engineering branch or several engineering branches after the merger resolution of the general assembly and application to the central competent authority of civil associations for approval.
An engineering branch of a national professional engineer association merged with the provincial (municipal) associations shall not be established another association for the same branch within the same administrative region unless the national association is dissolved by a resolution.
The residual property of professional engineer associations of respective engineering branch merged into a national association in Paragraph 1, after the resolution of the general assembly and application to the central competent authority of civil associations for approval, may belong to the national association. The following provisions apply to the transfer of the property:
1. All written deed certificates are exempted from stamp tax.
2. The transferred securities are exempted from securities transaction tax.
3. The transferred goods or labor are not within the scope of business tax.
4. The transferred real estate is exempted from deed tax and land value increment tax. However, when the land is transferred again, the original prescribed land price before the merger or the present value of the previous transfer shall be used as the original land price. The price increase shall be calculated and the land increment tax shall be levied.
Article 29
The national federation of professional engineer association of each engineering branch or jointly organized for several engineering branches shall be organized by a minimum of three provincial (municipal) professional engineer associations as the promoters.
Article 30
The competent authority in charge of the professional engineer associations is the competent authority of civil associations. Their practice shall be, nevertheless, subject to instructions and supervision of the competent authorities in charge of professional engineers as stipulated in Article 2.
Article 31
Each professional engineer association shall have directors and supervisors duly elected by the general assembly; their quotas are as follows:
1. Each provincial (municipal) professional engineer association shall have 3 to 15 directors and 1 to 5 supervisors.
2. Each national professional engineer association and national federation of professional engineer association shall have 9 to 33 directors and 3 to 11 supervisors.
The directors and supervisors in the preceding Paragraph hold a term of three years, and they may be re-elected unless otherwise limited by the statutes of the association; the reappointment of the president shall be limited to one term.
Article 32
The statutes of a professional engineer association shall stipulate the following particulars:
1. Title, region and location of the association.
2. The functions and duties of the association.
3. Admission and withdrawal of members.
4. Members’ rights and obligations.
5. The number of directors, supervisors, alternate directors, supervisors, their election methods, and their duties and powers.
6. Rules of the general assembly for members or member representatives, and of meetings for directors and supervisors.
7. Norms and ethical codes to be observed.
8. The rules for suspending members’ rights when they violate the statutes, norms, or ethical codes of the professional engineer association.
9. Funds and accounting.
10. Amendment of the association’s statutes.
11. Other required matters as relevant to the association affairs.
Article 33
Each professional engineer association shall report the following particulars to the local competent authority of civil associations and the central competent authority of professional engineers:
1. Amendment of statutes.
2. Changes on roster of members.
3. The circumstances of the election of directors and supervisors, and names of the elected persons.
4. Dates, time, places and circumstances of general assembly for members or member representatives, as well as meetings of directors and supervisors.
5. Resolution matters.
Article 34
Each professional engineer association shall hold the general assembly for members or member representatives on an annual basis and may hold an extraordinary general assembly whenever necessary.
Article 35
When a professional engineer association holds the members’ or member representative’s general meeting, it shall report the local competent authorities of civil associations and professional engineers and invite them to sit in on the meeting.
Article 36
Where a professional engineer association breaches laws, regulations, or its statutes, the local competent authority of civil associations may impose the following penalties:
1. Warning.
2. Revocation of resolution of the association.
3. Reorganization.
Penalties set forth in the preceding Subparagraphs 1 and 2 may be imposed by the competent authority of professional engineers as well.
Article 37
The provisions prescribed in Article 32 to the preceding Article are applicable mutatis mutandis to the national federation of professional engineer associations.
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