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Chapter I General Provisions
Section 11 Service of Process
Article 67
Unless otherwise prescribed by law, service shall be executed ex officio by the administrative authority.
Article 68
Service may be executed either by the administrative authority itself or through the post office.
A document of an administrative authority duly sent by exchange of telegraphs, telex, facsimile or other electronic means shall be deemed to have been served by the administrative authority itself.
Service to be executed through the post office shall be sent by regular mail services; provided that documents with material impact on the right or obligation of the person upon whom service is made shall be posted by registered mail.
In the case of service of a document executed by the administrative authority itself, the officer in charge of the business or the officer responsible for service of process shall be the process server; and in the case of service executed through the post office, the postman shall be regarded as the process server.
The Enforcement Rules Governing Service of Process by Post Office established under Article 3 of the Enforcement Law of the Code of Civil Procedure shall apply mutatis mutandis to service executed through the post office in pursuance of the preceding paragraph.
Article 69
Service upon a person having no disposing capacity for administrative procedure shall be executed on his statutory agent.
Service upon a government authority, juristic person or unincorporated body shall be executed on its representative or manager, as the case may require.
Where there are two or more statutory agents, representatives or managers, service may be executed on any one of them.
Where a person having no disposing capacity for administrative procedure does an act in an administrative procedure without having informed the administrative authority of his appointment of a statutory agent, the administrative authority may, before an amendment is filed, effect service upon such a person [notwithstanding his lack of disposing capacity].
Article 70
Service on a foreign juristic person or entity having a business office or business establishment within the Republic of China shall be executed on its representative or manager residing in the Republic of China.
Paragraph 3 of the preceding article shall apply mutatis mutandis to service effected in pursuance of the preceding paragraph.
Article 71
Where the power of an agent in an administrative procedure to accept service is not subject to restriction, service shall be directed to such agent, unless the administrative authority deems it necessary to serve on the party personally.
Article 72
Service shall be executed at the domicile, residence, business office or business establishment of the person to be served upon; provided that, if the person to be served upon is met at the office of the administrative authority or elsewhere, service may be executed at the place where he is met.
Service upon the representative or manager of a government authority, juristic person or unincorporated body shall be executed at the location of such authority or the business office or business establishment [of such person or body]; provided, however, that service may also be carried out at the place where such representative or manager is met or at the place of his domicile or residence wherever necessary.
Service may also be executed at the workplace, if any, of the person to be served upon.
Article 73
If the person to be served upon is not found at the location where the service is supposed to be effected, the document for the service may be left with a person of discernment residing in the same dwelling house or his employee or the person hired for receiving mails at the place of service.
The provision of the preceding paragraph shall not apply where any of the persons referred to in the preceding paragraph happens to be a person with the opposite interest in the administrative procedure.
Where the person to be served upon or a person residing in the same dwelling house, or his employee or the person hired for receiving mails refuses to accept service of the document without a good cause, the service may be effected by leaving the document at the place of service.
Article 74
Where service cannot be executed in the manner prescribed by the two preceding articles, it may be effected by leaving the document for service with the local self-governing authority or police authority of the place where the service is intended to be executed, and preparing a notice of service in duplicate, one of which shall be posted on the door at the domicile, residence, business office, business establishment or workplace of the person to be served upon and the other shall be either delivered to one of his neighbors for forwarding to the person to be served upon or placed in the mailbox or at a suitable location of the place where service is intended to be executed.
In the circumstance referred to in the preceding paragraph, if the service is carried out through the post office, the document for service may be left with the post office at the place where service is intended to be executed.
The office with which a document is left shall keep the document in custody for three months from the date of receipt thereof.
Article 75
Service to be executed by an administrative authority upon unspecified persons may be carried out by way of public notice or publication in a government gazette or newspaper in lieu of actual service.
Article 76
The process server may prepare a certificate of service as may be necessary for the purpose of proof, and specify therein the following particulars and affix thereon his signature:
1. The authority ordering the service to be made;
2. The person to be served upon;
3. The title of the document for service;
4. The place where and the date and time when service was made; and
5. The manner in which service was executed.
With the exception of service effected by electronic transmission, the certificate of service shall be signed by or affixed with the seal of the person accepting the service; if the person refuses or is unable to sign or affix his seal thereon, the process server shall have such facts noted down in the certificate.
The certificate of service shall be presented to the administrative authority for the file.
Article 77
Where service of process is executed by an administrative authority upon a third party out of an application made by the party, the administrative authority shall notify the party of the successful execution of the service or the reason for non-execution thereof.
Article 78
In any of the following circumstances, an administrative authority may, upon application, permit service by publication:
1. If the place of service is unascertainable;
2. If service has been attempted at the place of domicile or residence or business office of a person entitled to extraterritorial privileges, and is of no avail; or
3. If service is intended to be executed in a foreign nation or outside the Republic of China but cannot be done so in the manner required by article 86 hereof or it is foreseeable that in spite of efforts to be made in accordance with said article such efforts would be rendered abortive.
Where no application for service by publication has been made by any person under any of the circumstances specified in the preceding paragraph, the administrative authority may order ex officio that service be executed by publication if it deems necessary to do so in order to avoid possible delay of the administrative procedure.
If any of the circumstances specified in the preceding paragraph occurs as a result of the failure of the party to give the administrative authority a notice of change of the location where service upon him should be made, the administrative authority may order ex officio that the service be executed by publication.
Article 79
If, after service has been effected by publication under the preceding article, subsequent service upon the same party shall continue to be made by publication, it may be done so ex officio.
Article 80
In executing service by publication, the administrative authority shall keep in custody the document for service and post on its notice board a public notice, making it known to the person to be served upon that the document is available for claim at any time, and the administrative authority may additionally publish such document or an excerpt thereof in a government gazette or newspaper.
Article 81
Service by publication takes effect as of the date of expiry of a period of twenty days from the date on which the public notice is posted as required by the preceding article or from the last date of publication in the government gazette or newspaper as the case may be; service by publication effected pursuant to article 78, paragraph 1, sub-paragraph 3, takes effect as of the sixtieth day from the date of publication; provided, however, that service by publication under article 79 shall become effective as of the date following the date of posting on the notice board.
Article 82
With respect to service by publication, the administrative authority shall prepare and keep on file a certificate, giving therein such details as the subject matter and the date and hour of the service.
Article 83
Where the party or his agent has appointed a person to accept service for him and a notice thereof has been given to the administrative authority, service shall be executed on the person so appointed.
In the case of an application filed with the administrative authority by post, the administrative authority may order that the party appoint within a specified time limit a person to accept service for him if he maintains no domicile or residence, or business office or business establishment, at the place where the application was posted.
If the party fails to appoint a person to accept service within the time limit specified under the preceding paragraph and notify the administrative authority accordingly, the administrative authority may note down on the document for service the domicile or residence, or the place of business office or business establishment, of the party or his agent, and deliver the same to a post office to be sent by a registered mail. The service shall be deemed to have been duly effected at the time when the document is so delivered to the post office.
Article 84
Except where service is carried out by delivering the document to the post office in pursuance of article 68, paragraph 1, or is made in pursuance of paragraph 2 thereof, no service may be executed on Sundays or any other holidays, nor before sunrise or after sunset, unless the person to be served upon does not refuse to accept the service executed at such times.
Article 85
Where service is rendered non-executable, the process server shall prepare a report of the fact and present the same to the administrative authority for the file and shall return the document intended to be served.
Article 86
Service in a foreign nation shall be executed by request for such purpose to be addressed to the competent government agency of that nation or the embassy, minister, consulate or any other institution or organization of the Republic of China residing in that nation.
If no service can be effected as required by the preceding paragraph, the document may be served by delivering it to a post office to be sent by a registered mail, return receipt requested, and the return receipt shall be filed.
Article 87
Service upon an ambassador, minister, consul or any other government official of the Republic of China residing in a foreign nation shall be carried out by requesting the Ministry of Foreign Affairs for such purpose.
Article 88
Service upon a serviceman on active service in the armed forces or on a military vessel shall be executed by requesting the competent military organization or the commanding officer thereof for such purpose.
Article 89
Service upon an inmate in a prison or detention house shall be executed by requesting the head officer of the prison or detention house for such purpose.
Article 90
For service to be executed at the domicile or residence or business office of a person enjoying extraterritorial privileges, request may be addressed to the Ministry of Foreign Affairs for such purpose.
Article 91
Where the government authority or officer requested to execute service of process has notified the administrative authority of the successful execution of or non-execution of the service, the administrative authority shall put such notification on the file.