Goto Main Content
:::

Chapter Law Content

Title: Local Government Act CH
Category: Ministry of the Interior(內政部)
Chapter 3. Local Self-government
Section 3. Self-government ordinances and Regulations
Article 25
Special municipalities, counties/cities, and townships/cities may, in accordance with law or upon authorization from higher government levels, formulate self-government ordinances and regulations. Self-government ordinances and regulations passed by the local legislative body and promulgated by the administrative body shall be called self-government ordinances; those formulated and promulgated or announced by the local administrative body shall be called self-government regulations.
Article 26
The names of the local self-governing bodies shall be affixed to the self-government ordinances. In special municipalities, the ordinances are called special municipality ordinances. In counties/cities, they are called the ordinances of counties/cities, while in townships/cities, they are called ordinances of townships/cities.
Where the ordinances of special municipalities and counties/cities violate the administrative duties of the local self-government matters, administrative fines or other forms of administrative penalties may be imposed; provided, however, that this provision does not apply to where otherwise provided by law. If the administrative fines are not paid within the specified time period, the penalty may be submitted to compulsory execution in accordance with relevant laws.
The amount of administrative fine stipulated in the preceding paragraph shall not be more than one hundred thousand new Taiwan dollars (NT$100,000), and may be imposed in succession. Other administrative penalties shall be limited to work suspension, business suspension, revocation of licenses, or restricting or prohibiting specific actions within a specific time period.
After the self-government ordinances are approved by the local legislative body, if penal provisions are included in the ordinances, the ordinances shall be separately submitted to the Executive Yuan and relevant central competent authorities for approval and promulgation. Unless otherwise provided by law or county ordinances, ordinances in special municipalities shall be submitted, after their promulgation, to the relevant central competent authorities and forwarded to the Executive Yuan for recordation. Ordinances in counties/cities shall be submitted to the relevant central competent authorities for recordation after their promulgation; ordinances in townships/cities shall be submitted to the county government for recordation after their promulgation.
Article 27
Governments of special municipalities, county/city governments, and township/city offices may formulate self-government regulations for self-government matters in accordance with their legal authority or in accordance with powers vested by laws, regulations promulgated in accordance with law, and self-government ordinances.
The names of the local self-governing bodies shall be affixed to the self-government regulations, which may be called regulations, enforcement rules, or standards based on their nature.
Unless otherwise provided by law or regulations promulgated in accordance with law, self-government regulations formulated by special municipalities, counties/cities, and townships/cities shall, after their announcement, be submitted to the Executive Yuan, relevant central competent authorities, and county governments, respectively, for recordation, and shall also be sent to the respective local legislative bodies for reference.
Article 28
The following issues shall be determined by the self-government ordinance:
1. Issues to be approved by the local legislative body as provided by law or the self-government ordinance.
2. Issues that create, deprive, or restrict the rights and duties of residents of local self-governing bodies.
3. Issues related to the organizations of the local self-governing bodies, as well as the organizations of enterprises and agencies operated by local self-governing bodies.
4. Other major issues that, upon the resolution of the local legislative body, are to be determined by the self-government ordinance.
Article 29
When carrying out matters commissioned by their superior agencies, governments of the special municipality, county/city governments, and township/city offices may, in accordance with their legal authority or in accordance with the mandate of the law or central government regulations promulgated in accordance with law, formulate regulations on the commissioning of matters.
The regulations on the commissioning of matters shall be promulgated after being submitted to the commissioning agency for approval. The provisions on the naming of self-government regulations shall apply mutatis mutandis to the naming of the regulations on the commissioning of matters.
Article 30
Self-government ordinances shall become invalid if contradictory to the Constitution, laws, regulations promulgated in accordance with law, or self-government ordinances of the superior self-governing bodies.
Self-government regulations shall become invalid if contradictory to the Constitution, laws, regulations promulgated in accordance with law, self-government ordinances of the superior self-governing bodies, or the self-government ordinance of the self-governing body concerned.
Regulations on the commissioning of matters shall become invalid if contradictory to the Constitution, laws, and central government regulations, and executive orders.
In the event of contractions as stipulated in paragraphs 1 and 2 thus rendering the ordinances and regulations invalid, the Executive Yuan, relevant central competent authorities, and county government, respectively, shall notify in writing such contractions. In the event of contractions as stipulated in paragraph 3 thus rendering the regulations invalid, the commissioning agency shall notify in writing that the regulations have become invalid.
In the event of doubts on whether a self-government ordinance or regulation is contradictory to the Constitution, laws, regulations promulgated in accordance with law, self-government ordinances of the superior self-governing bodies, or the self-government ordinance of the self-governing body concerned, a motion for interpretation by the Judicial Yuan may be filed.
Article 31
The local legislative body may formulate self directions.
Unless otherwise provided by law and self-government ordinances, the self directions shall be promulgated by the local legislative body and submitted to their superior government agency for recordation.
The self directions shall become invalid if contradictory to the Constitution, laws, central government regulations promulgated in accordance with law, or higher-level self-government ordinances and regulations.
Article 32
After approval by the local legislative body, the self-government ordinance shall be submitted to the respective local administrative body, which in turn shall promulgate the statue within thirty (30) days unless otherwise provided by law, unless a motion for reconsideration is filed in accordance with Article 39, unless a motion is filed with its superior government agency to declare the statute invalid in accordance with Article 43, or unless a motion for interpretation by the Judicial Yuan is filed.
Self-government ordinances and regulations and regulations on the commissioning of matters that requires approve by other agencies in accordance with regulations shall be announced or promulgated within thirty (30) days after the letter of approval is sent to the relevant local administrative body.
Where approval from a higher-level government or commissioning agencies are required for self-government ordinances and regulations and regulations on the commissioning of matters, the approving agency shall make an approval within one (1) month; the regulations shall be deemed approved after the said period, and the agency that submitted the regulations for approval shall proceed to announce or promulgate the regulations. Provided, however, that this provision shall not apply to where the regulations have complex contents and major implications and require longer time for review, and where the approving agency has forwarded the reasons in writing to lengthen the time required for approval.
Self-government ordinances and regulations and regulations on the commissioning of matters shall take effect on the third day after their announcement or promulgation; provided, however, that where a specific date of enforcement is provided, the regulations shall take effect on the enforcement date.
Where the local administrative body fails to announce or promulgate the self-government ordinances and regulations and regulations on the commissioning of matters as stipulated in paragraph 1 and paragraph 2, the self-government ordinances and regulations and regulations on the commissioning of matters shall take effect on the third day after the expiration of the time limit, and shall be announced or promulgated by the local legislative body. Provided, however, that if the regulations are approved by a superior government agency or commissioning agency, the approving agency shall make such announcement or promulgation.