Chapter IV Establishment of an Agency’s Authority, Duties and Key Functions
Superior agencies shall exercise command and supervisory authority over their subordinate agencies in accordance with laws.
The command and supervision of non-subordinate agencies shall be governed by existing laws and regulations.
Second-level and third-level agencies may establish regional branches with regard to the needs of their jurisdiction areas and grassroots services within their scope of authority and duties as governed by organic laws.
Agencies may establish experimental (testing), inspection, research, cultural and education, medical, social welfare, corrective, sheltering, training and other affiliated institutions within their scope of authority and functions as governed by organic laws and regulations.
The organization of affiliated institutions mentioned in the preceding paragraph shall be governed mutatis mutandis by the provisions of this Code.
The agency head shall manage agency affairs, represent the agency externally, and command and supervise the agency’s subordinate agencies and personnel.
The head of single-head agencies shall be called a “Minister”. The head of council/commission-type agencies shall be called a “Minister”. However, titles for heads of agencies with special functions shall be stipulated separately.
The heads of first-level and second-level agencies shall be political posts. The heads of third-level agencies shall be ex-officio posts, unless otherwise specified because of special functions or by law. The heads of fourth-level agencies shall be ex-officio posts.
Unless otherwise stipulated by laws due to special functions, agency heads shall be full-time posts.
First-level agencies shall have one political official as a deputy head.
Second-level agencies shall have one ex-officio official and up to two political officials as deputy heads.
Third-level agencies shall have one or two ex-officio officials as deputy heads.
First-level agencies shall have one political post of secretary-general as the chief of staff; second-level agencies or agencies of lower levels shall have a chief secretary or secretary responsible for staff affairs as needed.
First-level agencies may have one to three deputy secretary-generals according to needs. One or two of the deputy secretary-generals may be political post, but at least one deputy secretary-general shall be an ex-officio post.
The term of office, and proceedings for the appointment, suspension and discharge of commission members of independent agencies shall be clearly stipulated. Nominations for full-time commission members of second-level independent agencies must be submitted to the Legislative Yuan for approval. For other independent agencies, commission members shall be appointed by the head of first-level agency.
When making appointments mentioned in the preceding paragraph, the head of first-level agency shall designate one of the members as head of the agency and another member as deputy head.
The number of commission members referred to in Paragraph 1 shall be five to eleven in principle unless otherwise required. The number of members belonging to the same political party shall not exceed a certain proportion.