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Chapter Law Content

Title: Local Government Act CH
Category: Ministry of the Interior(內政部)
Chapter 3. Local Self-government
Section 4. Local Government Organizations
Subsection 1. Local Legislative Body
Article 33
Councilors of a special municipality, county/city councilors, and township/city representatives shall be elected by the residents of the special municipality, county/city, and township/city in accordance with law to a four-year term and may be re-elected to a second term.
The number of special municipality councilors, county/city councilors, and township/city representatives shall be stipulated in the organic regulations of councils of the special municipality, county/city councils, and township/city councils, taking into account the finances and local conditions of the special municipality, county/city, and township/city and in accordance with the following provisions:
1. Total number of special municipality councilors:
(1) The number of district councilors: The total number shall not exceed fifty-five (55) in special municipalities where the total population minus the indigenous population is not more than two million (2,000,000); if the population exceeds two million (2,000,000), the total number of district councilors shall not exceed sixty-two (62).
(2) The number of indigenous councilors: In special municipalities where the plain-land indigenous population exceeds two thousand (2,000), there shall be councilors elected by the plain-land indigenous population. In special municipalities where the mountain indigenous population is exceeds two thousand (2,000) or if there were mountain indigenous townships prior the change into a special municipality, there shall be councilors elected by the mountain indigenous population.
2. Total number of county /city councilors:
(1) In counties/cities where the total population is not more than ten thousand (10,000), the total number of councilors shall not exceed eleven (11). If the total population is not more than two hundred thousand (200,000), the total number of councilors shall not exceed nineteen (19). If the total population is not more than four hundred thousand (400,000), the total number of councilors shall not exceed thirty-three (33). If the total population is not more than eight hundred thousand (800,000), the total number of councilors shall not exceed forty-three (43). If the total population is not more than one million and six hundred thousand (1,600,000), the total number of councilors shall not exceed fifty-seven (57). If the total population exceeds one million and six hundred thousand (1,600,000), the total number of councilors shall not exceed sixty (60).
(2) In counties/cities where the total plain-land indigenous population exceeds one thousand five hundred (1,500), there should be councilors elected by the plain-land indigenous population among the total number of county /city councilors prescribed in the above paragraph. In counties/cities where there were mountain indigenous townships prior the change into a special municipality, there shall be councilors elected by the mountain indigenous population among the total number of county /city councilors prescribed in the above paragraph. In counties/cities where there are offshore island townships and where the offshore island township population exceeds two thousand five hundred (2,500), there should be councilors elected by the offshore island township population among the total number of county /city councilors prescribed in the above paragraph.
3. Total number of township/city representatives:
(1) In counties/cities where the total population is less than one thousand (1,000), the total number of township/city representatives shall not exceed five (5). In counties/cities where the total population is less than ten thousand (10,000), the total number of township/city representatives shall not exceed seven (7). In counties/cities where the total population is less than fifty thousand (50,000), the total number of township/city representatives shall not exceed eleven (11). In counties/cities where the total population is less than one hundred and fifty thousand (150,000), the total number of township/city representatives shall not exceed nineteen (19). In counties/cities where the total population exceeds one hundred and fifty thousand (150,000), the total number of township/city representatives shall not exceed thirty-one (31).
(2) In counties/cities where the total plain-land indigenous population exceeds one thousand five hundred (1,500), there should be councilors elected by the plain-land indigenous population among the total number of township/city representatives prescribed in the above paragraph.
For special municipality councilors to be elected by the indigenous population, the indigenous population within their administrative district shall become the electorate. The electoral districts shall be divided according to plain-land indigenous population or mountain indigenous population, or shall be divided within the administrative districts.
For the election for the 11th session of the Taipei City Council, changes in the electoral districts of the indigenous population shall be announced to the public six months before the terms of the 10th session of the Taipei City Council expires, and the proviso of Article 37, paragraph 1 of the Public Service Election And Recall Law shall not apply.
In the event there are a total of four special municipality councilors, county /city councilors, and township/city representatives to be elected by an electoral district, there should be one female among the elected. If the total number of those to be elected exceeds four, an additional female shall be among the elected for every additional four persons elected.
In the event the total number of seats to be elected for the mountain indigenous population or plain-land indigenous population in a special municipality council or county/city council is more than four, there should be one female among the elected. If the total number of the seats to be elected exceeds four, an additional female shall be among the elected for every additional four persons elected. In the event the total number of seats to be elected for the plain-land indigenous population in a township/city council exceeds four, there should be a female among the elected. If the total number of the seats to be elected exceeds four, an additional female shall be among the elected for every additional four persons elected.
Special municipality councilors, county /city councilors, and township/city representatives elected in accordance with paragraph 1 shall take their oath of office on the day the term of the previous administration ends. The oath-taking ceremony shall be convened respectively by the Executive Yuan, the Ministry of the Interior, and the county/city governments. The elected councilors and representatives shall nominate a person from among themselves to preside over the ceremony; provided, that the nomination meeting shall be presided over by a senior councilor or representative. In the event there are senior councilors or representatives with the same number of years of experience, the person more senior in age shall preside.
Article 34
In addition to the inaugural meeting for each council session, the council of special municipality, county/city council, and township/city council shall convene for a scheduled meeting once every six months. The speaker/chairperson shall convene such meetings, and if the speaker/chairperson is unable to convene the meeting in accordance with law, the deputy speaker/vice chairperson shall convene the meetings. If the deputy speaker/vice chairperson is likewise unable to convene the meeting in accordance with law, a convenor shall be selected from among the more than one-half the total number of councilors/representatives. Each session, including legal holidays and recess, shall be in accordance with the following:
1. The duration of the council of special municipality session shall not be more than seventy (70) days.
2. If the total number of county/city councilors is not more than forty (40), the session shall not be more than thirty (30) days; if the total number of councilors is not less than forty one (41), the session shall not be more than forty (40) days.
3. If the total number of township/city representatives is not more than twenty (20), the session shall not be more than twelve (12) days; if the total number of representatives is not less than twenty one (21), the session shall not be more than sixteen (16) days.
For the aforementioned scheduled meeting to review the annual total budget, if the council session has elapsed and there remain issues yet to be resolved or if necessary, the session may be lengthened by council resolution upon the request of the mayor of the special municipality, magistrate/mayor, or mayor of township/city, or upon joint motion by the speaker/chairperson or not less than one-third the total number of councilors/representatives. The extended session in the special municipalities shall not be more than ten (10) days, and shall not be more than five (5) days in the counties/cities or townships/cities; the session shall not be used for interpellation.
In the event of the following by the council of the special municipality, county/city council, or township/city council, an extraordinary session may be convened:
1. Upon request from the mayor of the special municipality, magistrate/mayor, mayor of township/city.
2. Upon request from the speaker or chairperson, or upon request from not less than one-third the number of councilors or representatives.
3. In the event of Article 39, paragraph 4.
The aforementioned extraordinary sessions shall be convened by the speaker or chairperson within ten (10) days. Including legal holidays or recess, the extraordinary sessions for the council of the special municipality shall not exceed ten (10) days per session, and shall not exceed eight (8) sessions every twelve (12) months; the county/city council extraordinary sessions shall not exceed five (5) days per session, and shall not exceed six (6) sessions every twelve (12) months; the extraordinary sessions for the township/city council shall not exceed three (3) days per session, and shall not exceed five (5) sessions every twelve (12) months; provided, however, that this provision does not apply in the event of Article 39, paragraph 4.
Article 35
The duties of the council of the special municipality are as follows:
1. To pass resolutions on the self-government ordinances of the special municipality.
2. To approve the budget of the special municipality.
3. To approve special taxes, temporary taxes, and surtaxes in the special municipality.
4. To approve the disposal of properties of the special municipality.
5. To approve the organic self-government ordinances of the government of the special municipality and businesses owned by the special municipality.
6. To approve proposals made by the government of the special municipality.
7. To review the auditor's reports on the final accounts of the special municipality.
8. To approve proposals made by the councilors of the special municipality.
9. To listen to petitions from citizens.
10. To carry out other functions as prescribed by law.
Article 36
The duties of the county/city councils are as follows:
1. To pass resolutions on the self-government ordinances of the county/city.
2. To approve the budget of the county/city.
3. To approve special taxes, temporary taxes, and surtaxes in the county/city.
4. To approve the disposal of properties of the county/city.
5. To approve the organic self-government ordinances of the county/city government and businesses owned by the county/city.
6. To approve proposals made by the county/city government.
7. To review the auditor's reports on the final accounts of the county/city.
8. To approve proposals made by the county/city councilors.
9. To listen to petitions from citizens.
10. To carry out other functions as prescribed by law or by regulations promulgated by superior government agencies.
Article 37
The duties of the township/city councils are as follows:
1. To pass resolutions on the self-government ordinances of the township/city.
2. To approve the budget of the township/city.
3. To approve the temporary taxes in the township/city.
4. To approve the disposal of properties of the township/city.
5. To approve the organic self-government ordinances of the township/city, and that of businesses owned by the township/city.
6. To approve proposals made by the township/city offices.
7. To review the auditor's reports on the final accounts of the township/city.
8. To approve proposals made by the township/city representatives.
9. To listen to petitions from citizens.
10. To carry out other functions as prescribed by law or by regulations promulgated by superior government agencies.
Article 38
The government of the special municipality, county/city government, and township/city office shall implement the resolutions made by the council of the special municipality, county/city council, and township/city council. In the event of delay or inappropriateness in such implementation, the council of the special municipality, county/city council, and township/city council may invite the government of the special municipality, county/city government, and township/city office to explain the reasons, and if necessary, may report such issue to the Executive Yuan, Ministry of the Interior, and county government, which shall invite relevant agencies for joint consultation to resolve the issue.
Article 39
In the event a government of the special municipality determines that the resolutions in Article 35, subparagraphs 1 to 6 and subparagraph 10 have difficulties in implementation, the government of the special municipality shall, within thirty (30) days after such resolution is sent to the government of the special municipality, explain the reasons for such difficulties and return the resolution to the council of the special municipality for reconsideration. In the event of difficulties in the implementation of the resolutions in subparagraphs 8 and 9, the government of the special municipality shall explain in writing the reasons for such difficulties to the council of the special municipality.
In the event a county/city government determines that the resolutions in Article 36, subparagraphs 1 to 6 and subparagraph 10 have difficulties in implementation, the county/city government shall, within thirty (30) days after such resolution is sent to the county/city government, explain the reasons for such difficulties and return the resolution to the county/city council for reconsideration. In the event of difficulties in the implementation of the resolutions in subparagraphs 8 and 9, the county/city government shall explain in writing the reasons for such difficulties to the county/city council.
In the event a township/city office determines that the resolutions in Article 37, subparagraphs 1 to 6 and subparagraph 10 have difficulties in implementation, the township/city office shall, within thirty (30) days after such resolution is sent to the township/city office, explain the reasons for such difficulties and return the resolution to the township/city council for reconsideration. In the event of difficulties in the implementation of the resolutions in subparagraphs 8 and 9, the township/city office shall explain in writing the reasons for such difficulties to the township/city council.
For issues submitted by the governments of the special municipality, county/city governments, township/city offices for reconsideration, the councils of the special municipality, county/city councils, or township/city councils shall, within fifteen (15) days upon receipt of the issues, arrive at a resolution on the issues. In the event of a recess, the councils should convene an extraordinary session within seven (7) days and arrive at a resolution within three (3) days after the meeting. Where a resolution is not made within the specified period, the original resolution shall become invalid. If two-thirds of the councilors or representative in attendance during the reconsideration process upholds the original resolution, the governments of the special municipality, county/city governments, township/city offices shall immediately accept such resolution; provided, however, that this provision shall not apply in the event of Article 40, paragraph 5 or Article 43, paragraphs 1 to 3.
For budgets of the special municipalities, counties/cities, townships/cities submitted for reconsideration, if the original resolution should become invalid, the councils of the special municipality, county/city councils, or township/city councils shall reconsider by resolution the original proposal of the governments of the special municipality, county/city governments, or township/city offices, and shall not arrive at any similar resolutions; the relevant administrative body shall likewise not file motions for further reconsideration.
Article 40
The government of the special municipality shall, three (3) months prior to the start of the fiscal year, submit the total budget of the special municipality to the council of the special municipality; the county/city government and township/city office shall, two (2) months prior to the start of the fiscal year, submit the total budget of the county/city and township/city to the county/city council and township/city council. The council of the special municipality, county/city council, and township/city council shall complete the review of the budget one (1) month prior to the start of the fiscal year, and the government of the special municipality, county/city government, and township/city office shall announce the budget fifteen (15) days prior to the start of the fiscal year.
The council of the special municipality, county/city council, and township/city council shall not propose increases in the budgets submitted by the government of the special municipality, county/city government, and township/city office.
In the event review of the total budgets of the special municipalities, counties/cities, or townships/cities cannot be completed within the period specified in paragraph 1, budget implementation shall be carried in accordance with the following:
1. The income shall be determined based on the standards of the previous year and the actual amount.
2. Expenditures:
(1) Budget for new capital expenditures and additional account titles shall only be used after the review process for the budget for the current year is completed.
(2) Budget for account titles in addition to those currently existing may be used based on the authorized existing programs or budget implementation during the previous year.
3. Income and expenditures to fulfill other legal obligations.
4. Budget implementation based on loans to be executed in response to the budget allocation requirements of the preceding three subparagraphs.
In the event review of the total budget of the special municipalities, counties/cities, or townships/cities is not completed three (3) months after the start of the fiscal year, the government of the special municipality, county/city government, and township/city office may submit the un-reviewed portion of the original proposed total budget to the Executive Yuan, Ministry of the Interior, and county government, which shall invite relevant agencies for joint consultation and make a determination within one (1) month. If a determination is not made within the said period, the Executive Yuan, Ministry of the Interior, and county government shall make a determination at their discretion.
After reconsideration of the total budget of the special municipalities, counties/cities, or townships/cities, in the event the original resolution is upheld or in the event the budget is to be re-decided by resolution in accordance with paragraph 5 of the preceding Article, if the resolution on annual revenue and annual expenditure violates relevant laws, regulations promulgated in accordance with law, or the scope of authority, or if the resolution makes it difficult to maintain the budget required to implement government polices and expenses as required by law, as well as to delete the continuing budget whose amount was determined during the previous year, provision of the preceding paragraph shall apply mutatis mutandis.
Article 40-1
The total budget for a special municipality during the first year after the change in its status shall be submitted by the government of the special municipality that had a change in status to its special municipality council before Jan. 31 of the current year. The special municipality council shall, within two months after delivery of the total budget, compete the budget review. The special municipality government shall, within fifteen days after completion of the budget review, publicly announce the total budget; paragraph 1 of the preceding article shall not apply.
If, at the beginning of the fiscal year, the special municipality fails to submit the total budget pursuant to the preceding paragraph or if the total budget is not approved, budget implementation shall be as follows:
1. The income shall be determined based on formulated standards and the actual income amount.
2. For the expenditures, apart from budget for new capital expenditures, the budget required for government policy implementation may be allocated on a regular basis and used as necessary.
3. Income shall be determined based on the actual income amount, and an expenditure amount shall be allocated to fulfill actual legal and contract obligations.
4. Loans to be executed as a result of the budget allocation requirements of the preceding three subparagraphs shall be carried out as necessary.
All income and expenditures indicated in the preceding paragraph shall be included in the total budget for the first year.
Article 41
The review of the total budget of special municipalities, counties/cities, and townships /cities shall focus on the amount of annual expenditure, budget surplus, program implementation, and priorities. The annual revenue shall focus on the revised or forecast revenue, and its review should focus on the budget sources. The annual expenditure shall focus on the revised or forecast expenditure, and its review should be by agencies, by affairs, and by funds.
The additional conditions or duration for a legal budget shall govern, unless not permitted by law or self-government ordinances and regulations.
Additional resolutions attached to the budget proposal adopted by the councils of the special municipal, county/city councils, and township or city councils shall be enforced by the governments of the special municipality, county/city governments, and township /city offices in accordance with law.
Article 42
The final accounting of the budget of special municipalities and counties/cities shall be submitted to the relevant agency on budget and accounting within four (4) months from the end of the fiscal year. The agency on budget and accounting shall finish the review thereof within three (3) months upon receipt of the final accounts, prepare a final audit amount table, and submit a final accounting review report to the special municipal council and county/city council. The agency on budget and accounting shall submit the final audit amount table to the special municipal and county/city governments for public announcement. When reviewing the final accounts of the special municipalities and counties/cities, the special municipal council and county/city council may invite heads of the agency on budget and accounting to be present and explain issues.
The final account report of townships/cities shall be forwarded to the township/city council for review within six (6) months from the end of the fiscal year, and shall be announced through public notice by the township/city office.
Article 43
Resolutions on self-government matters made by councils of special municipality shall become invalid if contradictory to the Constitution, laws, or (central government) regulations promulgated in accordance with law; resolutions on matters to be commissioned shall become invalid if contradictory to the Constitution, laws, or central government regulations.
Resolutions on self-government matters made by county/city councils shall become invalid if contradictory to the Constitution, laws, or (central government) regulations promulgated in accordance with law; resolutions on matters to be commissioned shall become invalid if contradictory to the Constitution, laws, or central government regulations.
Resolutions on self-government matters made by township/city councils shall become invalid if contradictory to the Constitution, laws, central government regulations promulgated in accordance with law, or county self-government ordinances; resolutions on matters to be commissioned shall become invalid if contradictory to the Constitution, laws, central government regulations, county self-government ordinances, or county self-government regulations.
Apart from resolution on the general budget, which shall be handled in accordance with Article 40, paragraph 5, for the invalid resolutions stipulated in the aforementioned three paragraphs, the Executive Yuan shall notify the councils of the special municipalities in writing of their invalid resolutions; the relevant central competent authorities shall notify the county/city councils in writing of their invalid resolutions; and the county governments shall notify the township/city councils in writing of their invalid resolutions.
In the event of doubts on whether resolution on self-government matters as stipulated in paragraph 1 to paragraph 3 is contradictory to the Constitution, laws, central government regulations promulgated in accordance with law, or county self-government ordinances, a motion for interpretation by the Judicial Yuan may be filed.
Article 44
The councils of the special municipality and county/city councils shall have a speaker and a deputy speaker and the township/city councils shall have a chairperson and vice chairperson, who shall be elected or recalled by open ballot by the councilors of the special municipality, county/city councilors, and township/city representatives. However, those who are in office for less than on year shall not be recalled.
The speaker and chairperson shall represent their respective councils in external affairs and administer the internal affairs of the councils.
Article 45
Election for the speaker and deputy speaker of the council of the special municipality and county/city council, as well as that for the chairperson and vice chairperson of township/city council, shall be carried out immediately after the councilors or representatives take their oath of office, and shall be attended by not less than half the total number of councilors or representatives; the councilor or representative who garner more than half of the votes present shall become elected. In the event the election produced no winner, a second election shall be carried out immediately, and the person with the highest number of votes shall become elected. In the event of equal number of votes, the drawing of lots shall be used to decide the winner. The same applies to the supplementary election.
For the aforementioned election, if the number of councilors or representatives present is insufficient, the time for the next election shall be determined immediately and the councilors and representatives notified accordingly. During the third election, if the number of councilors or representatives in attendance is not less than one-third the total number of councilors or representatives, election may be carried out using the actual number of councilors or representatives in attendance; the person with the highest number of votes shall become the winner. In the event of equal number of votes, the drawing of lots shall be used to decide the winner. The second and third elections shall be carried out on the day the councilors or representatives take their oath of office.
Upon their election, the speaker, deputy speaker, chairperson, and vice chairperson shall immediately take their oath of office in accordance with the Statute on Oath Taking.
The election as stipulated in paragraph 1 and the oath taking as stipulated in the preceding paragraph shall be moderated by the chair appointed in accordance with Article 33, paragraph 7.
Article 46
Recall of the speaker and deputy speaker of the council of the special municipality and county/city council, as well as that of the chairperson and vice chairperson of township/city council, shall be carried out in accordance with the following provisions:
1. The motion for recall shall contain full explanation on the grounds for recall, and shall be signed by not less than one-third the total number of councilors or representatives. The motion shall be prepared in original and duplicate copies, which shall be separately submitted to the Executive Yuan, Ministry of the Interior, and the county government.
2. The Executive Yuan, Ministry of the Interior, and county government shall, within seven (7) days upon receipt of the aforementioned motion, forward duplicate copies to the relevant councils for forwarding, within five (5) days, to the officer to be recalled. In the event of rebuttal, the officer to be recalled shall, within seven (7) days upon receipt of the motion, submit a written rebuttal to the Executive Yuan, Ministry of the Interior, and county government, which shall in turn photocopy the motion for recall and the written rebuttal for forwarding to the councilors and representatives. The motion for recall may be photocopied and forwarded separately after the said period.
3. The Executive Yuan, Ministry of the Interior, and county government shall, within twenty-five (25) days upon receipt of the motion for recall, convene a meeting to vote on the recall, where the councilors and representatives in attendance shall vote on the recall through open ballot.
4. Review for the motion for recall shall be attended by not less than half the total number of councilors and representatives, and the recall shall become effective only when approved by not less than two-thirds of those in attendance.
5. If the motion for recall is denied, no further motion for recall shall be filed within the term of office of the officer to be recalled.
When recalling the speaker or the chairperson, the deputy speaker or the deputy chairperson shall chair the vote on the recall stipulated in subparagraph 3 of the preceding paragraph. When recalling the deputy speaker or the deputy chairperson, the speaker or the chairperson shall act as chair. When recalling the speaker, deputy speaker, chairperson, and deputy chairperson all at once, the councilors and representatives in attendance shall nominate a person from among themselves to act as chair.
Prior to submission to the council, the motion for recall stipulated in paragraph 1 may be rescinded upon approval of the not less than two-thirds the number of the original signees.
After submission to the council, the motion for recall shall be rescinded only upon approval by all signees and after the chair has obtained no objections from all councilors and representatives in attendance.
Article 47
In addition to stipulations in the preceding three articles, the election and recall of the speakers and deputy speakers of the councils of the special municipality and county/city councils, as well as that of the chairperson and vice chairperson of the township/city councils, shall be stipulated in the organic regulations of the councils of the special municipality, county/city councils, and township/city councils.
Article 48
Mayors of special municipalities, magistrates/mayors, mayor of townships/cities shall present their administration report during the regular sessions of the councils of the special municipality, county/city councils, and township/city councils. The heads of level-1 agencies in the governments of the special municipality, as well as the heads of level-1 agencies and subordinate agencies of county/city governments, and township /city offices, shall present reports on affairs under their jurisdiction.
During the council sessions, councilors of the special municipalities, county/city councilors, and township/city representatives shall have the right to interpellate the aforementioned heads of governments or departments on the affairs under their jurisdiction. The interpellation shall be divided into interpellation on policy implementation and operations; during the interpellation on operations, the authority competent on the operations under interpellation shall respond to the interpellation.
Article 49
In the event of need to clarify specific issues, the officers or department heads stipulated in paragraph 1 of the preceding Article may be invited to attend and explain issues during sessions of the council of the special municipality, county/city council, or township /city council.
In the event of need to clarify specific issues, heads of relevant agencies or departments apart from the mayor of special municipalities, magistrates/mayors, and mayor of townships/cities may be invited to attend and explain issues during group meetings of the council of the special municipality, county/city council, or township/city council.
Article 50
The councilors of the special municipality, county/city councilors, and township/city representatives shall not be held accountable outside of the councils for their statements and resolutions made in relation to council affairs during sessions of the council of the special municipality, county/city council, or township/city council; provided, however, that this provision does not apply to statements on matters not related to council affairs and that are obviously unlawful.
Article 51
Apart from being current offenders or wanted criminals, councilors of the special municipality, county/city councilors, and township/city representatives shall not be arrested or detained without consent from the council of the special municipality, county/city council, or township/city council.
Article 52
Councilors of the special municipality, county/city councilors, and township/city representatives may receive necessary fees such as research fees. When the councils/ representatives are in session, they may receive attendance fees, transportation fees, and meals and accommodation fees.
Councilors and representatives shall not receive attendance fees, transportation fees, and meals and accommodation fees in accordance with the preceding paragraph when attending council meetings convened in violation of Article 34, paragraph 4; nor shall other payment items or criteria be formulated for the payment of such fees.
The items and criteria for the payment of fees stipulated in paragraph 1 shall be separately stipulated by law. No additional fees shall be paid to councilors or representatives unless in accordance with law.
Article 53
Councilors of the special municipality, county/city councilors, and township/city representatives shall not concurrently hold positions as a civil servant, full-time faculty member in private or public schools at any level, or any other popularly elected positions in the civil service, nor shall they concurrently hold any positions or job titles in the respective governments of the special municipality, county/city governments, township/city offices, and their subordinate agencies and enterprises, unless otherwise provided by law or central government regulations promulgated in accordance with law.
Elected councilors of the special municipality, county/city councilors, and township/city representatives not allowed to hold the aforementioned concurrent positions shall, prior to taking office, resign from their positions. Those who fail to resign their previous positions shall be construed as having resigned their original positions upon taking office; the Executive Yuan, Ministry of the Interior, and county government shall inform the institution where they work to terminate their position or authority or to dismiss them from employment. This provision shall likewise apply to those in similar situations after taking office.
Article 54
The regulations for the organization of councils of the special municipality shall be formulated by the Ministry of the Interior and submitted to the Executive Yuan for approval. The councils of the special municipality shall formulate self-government ordinances in accordance with such regulations and submit to the Executive Yuan for approval.
The regulations for the organization of county/city councils shall be formulated by the Ministry of the Interior and submitted to the Executive Yuan for approval. The county/city councils shall formulate self-government ordinances in accordance with such regulations and submit to the Ministry of the Interior for approval.
The regulations for the organization of township/city councils shall be formulated by the Ministry of the Interior and submitted to the Executive Yuan for approval. The township/city councils shall formulate self-government ordinances in accordance with such regulations and submit to the county government for approval.
The self-government organic regulations of newly created councils of the special municipality shall be formulated by the Executive Yuan; self-government organic regulations of newly created county/city councils shall be formulated by the Ministry of the Interior; self-government organic regulations of newly created township/city councils shall be formulated by the county governments.
Provisions on personnel management affairs within the organic regulations, self-government regulations, and self-government ordinances of the councils of the special municipality, county/city councils, township/city councils shall not contradict the Personnel Management Laws and Regulations Promulgated by the Central Government; the agencies-in-charge shall, upon its approval, submit such provisions to the Examination Yuan for recordation.
Subsection 2. Local Administrative Body
Article 55
A special municipality shall have a mayor, who shall represent the special municipality in external affairs and administer affairs of the special municipality. The mayor shall be popularly elected to a term of four years and may be re-elected to a second term. The special municipality shall have two deputy mayors who shall assist the mayor in handling municipal affairs and shall hold positions equivalent to Grade 14. The deputy mayors are appointed by the mayor, and the appointment shall be submitted to the Executive Yuan for recordation.
The government of a special municipality shall have a secretary general, who shall be appointed and dismissed by the mayor in accordance with the Civil Service Employment Act. Apart from heads of the department of budget, accounting and statistics; personnel; police; and government ethics, who shall be appointed and dismissed in accordance with specific acts on personnel administration, the other heads of the level-1 agencies shall hold positions equivalent to Grade 13 and shall be appointed and dismissed by the mayor.
Deputy mayors and heads of agencies shall hold positions equivalent to Grade 13, and shall resign their positions when the mayor completes his term, resigns, is dismissed, or upon the mayor’s death.
The mayor elected in accordance with paragraph 1 shall take his oath of office on the day the previous term of office is completed.
Article 56
The county/city governments shall have a magistrate/mayor, who shall represent the county/city in external affairs and administer affairs of the county/city. The magistrate shall likewise oversee the self-government of townships/cities under its jurisdiction. The magistrate/mayor shall be popularly elected to a term of four years and may be re-elected to a second term. The county/city government shall have a deputy magistrate/deputy mayor who shall assist the magistrate/mayor in handling county/city affairs and shall hold positions equivalent to Grade 13. Counties/cities with population of not less than one million and two hundred fifty thousand (1,250,000) may have an additional deputy magistrate/deputy mayor. The deputy magistrates/deputy mayors shall be appointed by the magistrate/mayor and the appointment shall be submitted to the Ministry of the Interior for recordation.
The county/city government shall have a secretary general, who shall be appointed and dismissed by the magistrate/mayor in accordance with the Civil Service Employment Act. Apart from heads of the departments of budget, accounting and statistics; personnel; police; taxation; and government ethics, who shall be appointed and dismissed in accordance with specific laws on personnel administration, half of the other heads of the level 1 agencies and heads of the subordinate level 1 agencies may be employed by the magistrate/mayor as political appointees with positions equivalent to Grade 12. The remaining heads of the level 1 agencies and heads of the subordinate level 1 agencies shall be appointed and dismissed by the magistrate/mayor in accordance with law.
Deputy magistrates/deputy mayors and heads of departments or agencies who hold positions equivalent to Grade 12 shall resign their positions when the magistrate/mayor completes his term, resigns, is dismissed, or upon the magistrate/mayor’s death.
The magistrate/mayor elected pursuant to paragraph 1 shall take his oath of office on the day the term of the previous administration ends.
Article 57
The township/city office shall have a mayor of township/city, who shall represent the township/city in external affairs and administer affairs of the township/city. The mayor of township/city shall be popularly elected for a term of four years and may be re-elected to a second term. A city with population of not less than three hundred thousand (300,000) may have a deputy mayor who shall assist the mayor in handling municipal affairs and shall be employed as confidential staff ,or shall be appointed and dismissed with the Civil Service Employment Act to Grade 10 . The deputy mayor employed as confidential staff shall resign his position when the mayor completes his term, resigns, is dismissed, or upon the mayor’s death.
Mayors of indigenous townships shall be mountain indigenous people.
Apart from heads of the departments of budget, accounting and statistics; personnel; and government ethics, who shall be appointed and dismissed in accordance with specific acts on personnel administration, the other heads of the level-1 agencies shall be appointed and dismissed by the mayor of township/city in accordance with law.
The mayor of township/city elected in accordance with paragraph 1 shall take his oath of office on the day the previous term of office is completed.
Article 58
District offices of special municipalities and cities shall have a chief administrator, who shall be appointed by the mayor in accordance with law. The chief administrator is authorized by the mayor to handle district affairs and supervise his subordinates.
If a district in a special municipality is created due to a change in the status of the townships/cities within the municipality, mayors of townships/cities who were in office the day before the change in status will be employed by the mayor of the special municipality as a confidential staff to serve as the district’s chief administrator; the term of office shall be four years starting from the day the change in status of the townships/cities becomes effective. A township/city mayor shall not be appointed to the position in the event of any of the following:
1. Accused of having violated Article 78, paragraph 1, subparagraph 1 and subparagraph 2 of the President and Vice President Election and Recall Law, and where legal action has been instituted.
2. Accused of having violated provisions against vote-buying as stipulated in the President and Vice President Election and Recall Law, Public Service Election And Recall Law, Farmers’ Association Act, and Fishermen’s Association Act, and where legal action has been instituted.
3. Has served for two successive terms.
4. Is merely acting as a deputy in accordance with law.
A chief administrator who is employed as a confidential staff in accordance with the preceding paragraphs shall be removed from office in the event of any of the following:
1. Disallowed to hold the position for reasons indicated in subparagraph 1 or subparagraph 2 of the preceding paragraph, or Article 79, paragraph 1.
2. Held in custody in accordance with criminal procedures or is at large.
If a district within a special municipality is created due to a change in the status of the indigenous townships within the municipality, the district chief administrator shall be from the plain-land indigenous population.
Article 58-1
If a district is created due to a change in the status of townships/cities, the township/city representatives who were in office the day before the change in status, apart from those who were suspended of their authority in accordance with law, will be appointed by the mayor of the special municipality as advisors on the district’s administrative affairs. The term of office of the advisors shall be four years starting from the day the change in status of the townships/cities becomes effective. The advisors will not be reappointed once their term expires.
The duties of the advisors are as follows:
1. To provide consultation on district administrative affairs.
2. To provide recommendations on district administrative reform.
3. To provide consultation on the planning of district administrative affairs.
4. To fulfill other responsibilities provided by law.
The chef administrator shall convene the advisors for meetings on a regular basis.
The advisors shall hold non-paying positions; provided, stipends duly paid for attendance during meetings and transportation may be allowed.
The appointment of an advisor shall be terminated in the event of any of the following:
1. If the advisor is held in custody in accordance with criminal procedures or is at large.
2. In the event of any of the paragraphs under Article 79.
Article 59
Villages shall each have a chief of village, who, upon the instruction and under the supervision of the mayor of township/city, or chief administrator, shall handle village affairs and carry out commissioned tasks. The chief of village shall be popularly elected for a term of four years and may run for election for a second term.
During the election for chiefs of village, if there are no registered candidates after two calls for the registration of candidates, the township/city office or the district office may select a chief of village from the eligible village residents; the term of office shall be only for the current term.
Chiefs of village elected in accordance with paragraph 1 shall take office on the day the previous term of office is completed.
Article 60
Villages may convene meeting of the village residents or meetings on local construction projects. The implementation procedures of such meetings shall be formulated by the special municipalities and counties/cities.
Article 61
Mayors of the special municipalities, magistrates/mayors, and mayor of township/city shall receive remuneration; retirement pay shall be given upon their retirement. In the event of death while in office or death due to illness, compensation payment shall be given to the surviving family members.
The remuneration, retirement pay, and compensation payment for the aforementioned personnel shall be in accordance with law.
Chiefs of village shall receive no remuneration. The township/city office or the district office shall formulate budget for subsidizing the chiefs of village in their affairs; the subsidy item and standards shall be in accordance with law.
Article 62
The regulation for the organization of special municipality governments shall be formulated by the Ministry of the Interior and submitted to the Executive Yuan for approval. The governments of special municipalities shall formulate self-government laws in accordance with such regulation; the laws shall be submitted to the Executive Yuan for recordation after approval by the councils of the special municipalities. The regulations governing the organizations of the subordinate agencies and schools of the special municipality governments shall be formulated by the special municipality governments.
The regulations governing the organizations of county/city governments shall be formulated by the Ministry of the Interior and submitted to the Executive Yuan for approval. The county/city governments shall formulate self-government laws in accordance with such regulation; the laws shall be submitted to the Ministry of the Interior for recordation after approval by the county/city councils. The regulations governing the organizations of the subordinate agencies and schools of the county/city governments shall be formulated by the county/city governments.
The level-1 agencies of the aforementioned county/city governments shall be named “bureaus,” subordinate level-1 agencies shall be named “offices,” and level-2 agencies and level-1 agencies of their subordinate level-1 agencies shall be named “sections” except for the agencies in charge of budget, accounting and statistics; agencies in charge of personnel; and agencies in charge of government ethics. However, branch agencies established due to operational requirements and level-1 agencies of the police and fire authorities may be named differently.
The regulations governing the organizations of township/city offices shall be formulated by the Ministry of the Interior and submitted to the Executive Yuan for approval. The township / city offices shall formulate self-government laws in accordance with such regulation; the laws shall be submitted to the county governments for recordation after approval by the township/city councils. The regulations governing the organizations of the subordinate agencies and schools of the township/city offices shall be formulated by the township /city offices.
The regulations governing the organizations of governments of newly created special municipalities shall be formulated by the Executive Yuan; regulations governing the organizations of governments of newly created counties/cities shall be formulated by the Ministry of the Interior; regulations governing the organizations of offices of newly created townships /cities shall be formulated by the county governments.
In the regulations governing the organization of governments of the special municipalities, county/city governments, township/city offices, and their subordinate agencies and schools, as well as in their formulated regulations and self-government regulations, the provisions on personnel management shall not contradict the Personnel Management Laws and Regulations Promulgated by the Central Government. The agencies-in-charge of personnel management shall, upon approval of the above provisions, submit such provisions to the Examination Yuan for recordation.