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Chapter Law Content

Chapter I General Provisions
Section 1 Rules of Application
Article 1
This Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration.
Article 2
The term "administrative procedure" used in this Act means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions.
The term "administrative authority" used in this Act means an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs.
An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission.
Article 3
Unless otherwise prescribed by law, all administrative authorities shall follow the procedure herein provided in performing administrative acts. The procedure provided in this Act is not applicable to administrative acts carried on by any of the following organizations:
1. People's representative bodies at various levels;
2. Judicial authorities; and
3. Supervisory authorities;
The procedure herein prescribed is not applicable to the following matters:
1. Acts in relation to matters concerning diplomacy, military and safeguard of the national security;
2. Acts in relation to the exit and entry permits for foreign nationals, recognition of refugees and naturalization;
3. Criminal investigation procedures;
4. Actions taken by correctional institutions and other custodial houses for achieving the purposes of custody;
5. Procedure for making administrative decisions in cases of disputes over private rights;
6. Internal procedures established by schools and other educational institutions for educational purposes;
7. Actions of personnel management of government officers; and
8. Actions taken by the Examination Yuan in relation to subjects of test and grading of test results for the purpose of examinations.
Article 4
All administrative acts shall be governed by law and the general principles of law.
Article 5
The substance of administrative acts shall be clear and definite.
Article 6
No differential treatment is permitted for administrative acts without a good cause.
Article 7
Administrative acts shall be performed in pursuance of the following principles:
1. The method adopted must be helpful to the achievement of the objectives thereof;
2. Where there are several alternative methods which will lead to the same result in achievement of the objectives, the one with the least harm to the rights and interest of the people shall be adopted; and
3. The harm that may be caused by the method to be adopted shall not be clearly out of balance against the interest of the objectives anticipated to be achieved.
Article 8
All administrative acts shall be performed in good faith and shall be aimed at the protection of the legitimate and reasonable reliance of the people.
Article 9
An administrative authority shall take into consideration all circumstances advantageous and disadvantageous to the parties to the administrative procedure in its charge.
Article 10
In exercising administrative discretion, an administrative authority shall not transgress the scope of its power of discretion set forth by law and shall comply with the purposes of the authority conferred by law or regulations.