Chapter 1. General Provisions
This Act is formulated in accordance with Article 118 of the R.O.C. Constitution and Article 9, paragraph 1 of the Amendment of the Constitution of the R.O.C.
The local government shall be in accordance with the provisions of this Act. Matters not provided for hereunder shall be governed by other applicable laws.
The terms used in this Act are defined as follows:
1. Local self-governing body: Bodies of standing that carries out local self-government in accordance with this Act. The Provincial Government is a branch of the Executive Yuan, while the province is not a local self-governing body.
2. Self-government matters: Matters that the local self-governing bodies may formulate legislation and carry out in accordance with the Constitution or provisions of this Act, or to matters that are to be handled by such bodies in accordance with law and where such bodies are responsible for policy formulation and implementation.
3. Commissioned matters: Matters carried out by local self-governing bodies in accordance with laws, as well as regulations or guidelines of higher government agencies, and under the supervision of its superior government agency, which are commissioned by its superior government agency and not part of their own tasks.
4. To approve: Refers to where a higher government agency or competent authority reviews and makes a determination on the reports submitted by its subordinate government or agency, so as to render the matter legally valid.
5. To submit for recordation: Refers to where a subordinate government or agency, after completing a task in which it has full authority in accordance with law, submits a report to inform its superior government agency or competent authority.
6. To be dismissed: Refers to where a civil servant is dismissed as disciplinary sanction in accordance with Law on Discipline of Public Functionaries, is recalled in accordance with the Public Service Election and Recall Law, or has his authority suspended or is discharged from his position in accordance with this Act.
The local governments are subdivided into the provincial government and special municipalities.
The province is subdivided into counties and cities (hereafter referred to as counties/cities); counties are subdivided into townships and county-administered cities (hereafter referred to as townships/cities).
Special municipalities and cities are subdivided into districts.
Townships, county-administered cities, and districts are subdivided into villages. Villages are subdivided into neighborhoods.
Regions with population of not less than one million and two hundred fifty thousand (1,250,000) and have special requirements in their political, economic, cultural, and metropolitan developments may establish special municipalities.
Articles 34, 54, 55, 62, 66, 67, and other regulations relevant to special municipalities shall apply mutatis mutandis to counties with population of not less than two million (2,000,000) before these counties are converted into special municipalities.
Regions with population of not less than five hundred thousand (500,000) but not more than one million and two hundred fifty thousand (1,250,000), and occupy major political, economic, and cultural roles may establish cities.
Regions with population of not less than one hundred thousand (100,000) but not more than five hundred thousand (500,000), and possess thriving industrial and commercial development, adequate financial resources for self-government, convenient transportation, and comprehensive public facilities, may establish county-administered cities.
Paragraphs 1, 3 and 4 shall not apply to special municipalities, cities, and county-administered cities established prior to the promulgation of this Act.
The province shall have a Provincial Government and Provincial Consultative Council.
Special municipalities shall have councils and governments of the special municipality; counties/cities shall have county/city councils and governments; townships/cities shall have townships/cities councils and offices, which are the legislative and administrative bodies, respectively, of the special municipalities, counties/cities, and townships/cities.
Districts in special municipality and city shall have district offices. Villages shall have village offices.
Names of existing provinces, special municipalities, counties/cities, townships/cities, districts, and villages shall be retained.
Changes to the aforementioned names shall be carried out in accordance with the following provisions:
1. Province: The Ministry of the Interior submits the proposed changes to the Executive Yuan for approval.
2. Special municipality: The government of the municipality submits the proposed changes to the council of the municipality for approval, and reports to the Executive Yuan for approval.
3. County/city: The county/city government submits the proposed changes to the county/city council for approval, and the Ministry of the Interior reports such changes to the Executive Yuan for approval.
4. Township/city and village: The township/city office submits the proposed changes to the township/city council for approval, and reports to the county government for approval.
5. District and village in special municipality or city: The government of the special municipality or city government submits the proposed changes to the council of the special municipality or city council for approval.
The preceding paragraph shall apply mutatis mutandis to townships that are compliant with Article 4, paragraph 4 and changed into county-administered cities.
The establishment, abolition, and adjustments of provinces, special municipalities, counties/cities, townships /cities and districts shall be carried out in accordance with law.
The changing of counties /cities into special municipalities, or its merger with other special municipalities or county / city administrative districts, shall be carried out in accordance with this Act.
Regulations governing the organization of and adjustments to villages and neighborhoods shall be separately formulated by the special municipalities and counties/cities.
In line with the requirements of reasonable national land planning and balanced development of the different regions, the Ministry of the Interior, in planning to change counties /cities into special municipalities or merge counties /cities with other special municipalities or counties / cities into a special municipality, shall first formulate plans for such changes and consult with the governments of the relevant special municipalities and counties / cities, and then submit the plan to the Executive Yuan for approval.
Where a county / city is to be changed into a special municipality, the county / city government may formulate a plan for such change for approval by the county / city council. Thereafter, the plan shall be submitted by the Ministry of the Interior to the Executive Yuan for approval.
Where a county / city is to be merged with other special municipalities or counties / cities into a special municipality, the governments of the relevant special municipalities and counties / cities may jointly formulate a plan for such merger for approval by the councils of the special municipalities and counties / cities. Thereafter, the plan shall be submitted by the Ministry of the Interior to the Executive Yuan for approval.
The Executive Yuan, upon receipt of such plans from the Ministry of the Interior, shall make a determination within six months.
The Ministry of the Interior shall, within thirty (30) days from the day after it has received the official letter of approval from the Executive Yuan, announce the plan for such changes and announce the timetable for such changes through public notice.
The aforementioned plans for changing counties / cities into a special municipality shall clearly indicate the following:
1. Name of the new special municipality;
2. Historical developments;
3. Scope, population, and areas of the administrative districts before and after the change into a special municipality;
4. When townships/cities and villages are to be changed into district and boroughs, the names, populations, and areas of the regions involved before and after the change;
5. Topographic map indicting the boundaries of the administrative regions before and after the change and the results of joint inspections on the boundaries;
6. Assessment of the impact on the local politics, finance, economy, culture, urban development, and transportation after the change;
7. Location of the city council and special municipality government after the change;
8. Plans of the relevant agencies (institutions) and schools of the former special municipalities, counties / cities, townships /cities and districts with regards to their change in organizational structure, scope of operations, personnel transfer, asset transfer, and compliance with self-government laws and regulations after the change;
9. Guidelines of the relevant agencies (institutions) and schools of the former special municipalities, counties / cities, townships /cities and districts with regards to budget formulation and implementation after the change;
10. Other issues relevant to the change in status.
The administrative districts of special municipalities formed in accordance with Article 7-1 shall be consolidated in accordance with the stipulations of the relevant laws and regulations.