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

Print Time:2024/12/13 20:42
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Chapter Law Content

Chapter 3 Request for Providing Government Information
Article 9
The nationals of the Republic of China who register their permanent residence in the Republic of China and the legal persons or groups that are established by the nationals may request government agencies to provide government information in accordance with this Law. The same procedure shall also apply to the nationals holding a passport of the Republic of China who reside overseas.
Foreigners may request government information in accordance with this Law only when the laws of their countries do not restrict the nationals of the Republic of China from requesting government information of such country.
Article 10
Each person who requests the government agency to provide the government information shall submit a written application specifying the following matters:
1. Name, date of birth, ID number, address and telephone number of the applicant. Where the applicant is a legal person or group, the name, registered number and business location. Where the applicant is a foreigner, foreign legal person or group, the nationality, passport number and related certifications shall also be specified.
2. Where the applicant having a legal agent or representative, the name, date of birth, and domicile.
3. The gist of content and number of the requested government information.
4. The purpose of requesting the government information.
5. Date of application.
The request referred to in paragraph 1 may be made by mail. The request may be made in the form of electronic transmission after authenticated by a certification authority of electronic signature.
Article 11
The government agency shall notify the applicant to correct the request within seven days if it is remediable. The government agency may disallow the request without consulting anyone if it is not remediable or not corrected before the deadline.
Article 12
Within fifteen days of receiving the request for government information, the government agency shall determine whether to approve such a request; the time may be extended for no longer than fifteen days if necessary.
If the information referred to in paragraph 1 involves the right of a particular person, legal person or group, the government agency shall notify the particular person, legal person or group to make a comment within ten days, except that the particular person, legal person or group had agreed to provide or make available to the public.
If the location of the particular person, legal person or group referred to in paragraph 2 is unknown, the government agency shall announce the content of notification in public.
If the particular person, legal person or group referred to in paragraph 2 make no comment within ten days, the government agency shall determine without consulting anyone.
Article 13
Once a government agency approves a request for government information, it can provide a copy of the information or allow the applicant to browse, transcribe or photograph upon the type of medium where the information is saved. If the information requested involves intellectual property issues or is hard to make a copy of, the government agency may allow the information to be browsed only.
If the government information requested had been made available to the public actively in accordance with any laws or paragraph 1-3 of Article 8 of this Law, the government agency may inform the applicant of the way to obtain the information instead of providing it.
Article 14
Where the content of the government information about an individual, legal person or group is wrong or incomplete, the individual, legal person or group may request the government agency to correct or supplement the information.
According to paragraph 1, the applicant shall submit a written form specifying the following matters, in addition to those as specified in Article 10, paragraph 1, subparagraph 1, 2 and 5:
1. The name and numbers of the information requested for correction or supplement, and the matters that are wrongly recorded or incomplete.
2. The reason of correction or supplement.
3. The related certifications.
The request referred to in paragraph 1 may be made by mail. The request may be made in the form of electronic transmission after authenticated by a certification authority of electronic signature.
Article 15
After receiving the request for correcting or supplementing the government information within thirty days, the government agency shall determine whether to approve such a request; the time may be extended for no longer than thirty days if necessary.
Where a government agency is requested to correct or supplement the government information, Article 9, 11 and paragraph 2 to 4 of Article 12 shall apply mutatis mutandis.
Article 16
The government agency shall notify the applicant in writing of the way of provision, date, fee and method of payment, or the outcome of correction or supplement when the government agency approves the request for providing, correcting or supplementing the government information, unless the payment and acquisition of documents are made on the spot.
If the content of the information referred to in paragraph 1 shall not be deleted or would not be appropriate to be deleted, the government agency may note and supplement the content that should be corrected.
The government agency shall notify the applicant in writing when the government agency rejects the request of providing, correcting or supplementing the government information in whole or in part.
The notification of approval may be made in the form of electronic transmission when the request for providing, correcting or supplementing the government information is made in electronic transmission in accordance with paragraph 2 of Article 10 or paragraph 3 of Article 14, or when the address of electronic transmission is noted in the request.
Article 17
Where the requested information is not produced or acquired by the requested agency within its respective authority, the requested agency shall, in addition to explaining the situation, pass to other able agencies and notify the applicant if affirming that other government agencies produced or acquired the information within its respective authority.
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