Chapter 3. Local Self-government
Section 3. Self-government Laws and Regulations
Article 25
Special municipalities, counties/cities, and townships/cities may formulate self-government laws and regulations in accordance with law or upon authorization from higher levels of government. Self-government laws and regulations passed by the local legislative body and promulgated by the administrative body shall be called self-government ordinances; those formulated and promulgated by the local administrative body shall be called self-government regulations.
Article 26
The names of the local self-governing bodies shall be affixed to self-government ordinances; in special municipalities, ordinances shall be called special municipality ordinances and regulations. In counties/cities, ordinances shall be called county/city regulations; in townships/cities, ordinances shall be called township/city regulations.
Administrative fines or other forms of administrative penalties may be imposed for violations of special municipality ordinances and regulations or county/city regulations that fall under the administration of local self-government matters and that are not otherwise provided for by law. If an administrative fine is not paid within the time allowed, enforcement of the penalty may be transferred in accordance with relevant laws.
The administrative fines stipulated in the preceding paragraph shall not exceed one hundred thousand New Taiwan Dollars (NT$100,000) and may be successively imposed. Other administrative penalties shall be limited to suspension of work, suspension of business, suspension of licenses, and restriction or prohibition of specific actions within a specified time period.
After self-government ordinance is approved by the local legislative body, if any penal provisions are included in the ordinance, the ordinance shall be separately submitted to the Executive Yuan and the relevant central competent authorities for approval and promulgation. Unless otherwise provided for by law or by county regulations, special municipality ordinances and regulations shall be submitted to the relevant central competent authorities and forwarded to the Executive Yuan for recordation. After promulgation, county/city regulations shall be submitted to the relevant central competent authorities for recordation, and township/city regulations shall be submitted to the county government for recordation.
Article 27
Self-government regulations governing the self-government matters of governments of special municipalities, county/city governments, and township/city offices shall be formulated in accordance with their legal authority and powers vested by law, ordinances and regulations promulgated in accordance with law, and the authorization of self-government ordinances.
The names of local self-governing bodies shall be affixed to self-government regulations, which may be called regulations, rules, or standards based on their nature.
Unless otherwise provided for by law or by ordinances and regulations promulgated in accordance with law, self-government regulations formulated by special municipalities, counties/cities and townships/cities shall, after promulgation, be submitted to the Executive Yuan, relevant central competent authorities, and county governments, respectively, for recordation and to the respective local legislative bodies for future reference.
Article 28
The following issues shall be determined by self-government ordinances:
1. Issues to be approved by the local legislative body as provided by law or by self-government ordinances.
2. Issues that create, deprive, or restrict the rights and duties of residents of local self-governing bodies.
3. Issues related to the organizations of the local self-governing bodies, as well as the organizations of enterprises and agencies operated by local self-governing bodies.
4. Other significant matters that, according to resolution of the local legislative body, shall be determined by self-government ordinances.
Article 29
In accordance with the legal authority and powers vested by law and with central government laws and regulations promulgated in accordance with law, governments of special municipality, county/city governments, and township/city offices shall formulate regulations for matters commissioned by a higher level of government.
The regulations on commissioned matters shall be promulgated after they are submitted for approval to the commissioning agency. The provisions on the naming of self-government regulations shall apply mutatis mutandis to the naming of the regulations on commissioned matters.
Article 30
Self-government ordinances that contravene the Constitution, laws, regulations promulgated in accordance with law, or self-government ordinances of higher-level self-governing bodies shall be nullified.
Self-government regulations that contravene the Constitution, laws, regulations promulgated in accordance with law, self-government ordinances of higher-level self-governing bodies, or self-government ordinances of the self-governing body concerned shall be nullified.
Regulations on commissioned matters that contravene the Constitution, laws, or central government regulations and executive orders shall be nullified.
If ordinances or regulations are nullified on the basis of conflicts detailed in Paragraph 1 and Paragraph 2, the Executive Yuan, relevant central competent authorities, or the county government, respectively, shall provide written notice of such conflicts. If regulations are nullified on the basis of the conflicts detailed in Paragraph 3, the commissioning agency shall provide written notice that the regulations have been nullified.
If there is doubt as to whether a self-government law or regulation conflicts with the Constitution, laws, regulations promulgated in accordance with law, self-government ordinances of higher-level local self-governing bodies, or the self-government ordinances of the local self-governing body concerned, a motion may be filed for interpretation by the Judicial Yuan.
Article 31
The local legislative body may formulate self directions.
Unless otherwise provided for by law or by self-government ordinances, self directions shall be promulgated by the local legislative body and submitted to the relevant higher level of government for recordation.
Self directions that contravene the Constitution, laws, central government regulations promulgated in accordance with law, or higher-level self-government laws and regulations shall be nullified.
Article 32
After approval by the local legislative body, self-government ordinances shall be submitted to the respective local administrative body to be promulgated within thirty (30) days unless a motion is filed for reconsideration in accordance with Article 39, a motion is filed with a higher level of government to invalidate the statute in accordance with Article 43, a motion is filed for interpretation by the Judicial Yuan, or unless otherwise provided for by law.
Self-government laws and regulations and regulations on commissioned matters that, according to regulations, require approval from other agencies shall be announced or promulgated within thirty (30) days after the letter of approval is sent to the relevant local administrative body.
If approval from a higher level of government or a commissioning agency is required for self-government laws and regulations and regulations on commissioned matters, the approving agency shall make a decision within one (1) month; the laws and regulations shall be deemed approved after said period of time expires, and shall be announced or promulgated by the submitting entity. This provision shall not apply when regulations that are complex or have major implications require a longer review period, and the approving agency has provided written notice of the grounds for the longer review period.
Self-government laws and regulations and regulations on commissioned matters shall take effect on the third day after their announcement or promulgation; however, when a specific date of enforcement is provided, the regulations shall take effect on the enforcement date.
If the local administrative body fails to announce or promulgate self-government laws and regulations or regulations on commissioned matters as stipulated in Paragraph 1 and Paragraph 2, the aforementioned regulations shall take effect on the third day after the expiration of the time period, and shall be announced or promulgated by the local legislative body. However, regulations approved by a higher level of government or a commissioning agency shall be announced or promulgated by the approving entity.