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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 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.