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Chapter Law Content

Title: Political Parties Act CH
Category: Ministry of the Interior(內政部)
Chapter 2. Establishment of Political Parties
Article 7
Within thirty (30) days of the founding assembly of a political party, applicants shall file with the competent authority a completed official registration application along with the party charter, a party roster that contains the signatures or seals of at least one hundred (100) members of the political party, a roster of the party leader, the minutes of the founding assembly, and the minutes of the party leader selection process. After having received all documents, the competent authority shall issue an official seal and a certificate of accreditation.
Not less than (50) members of the political party must be in attendance at the assembly specified in the preceding paragraph; fifteen (15) days’ advance notice of the assembly must be given to the competent authority, which may dispatch personnel to attend the event.
Political party leaders must be citizens of the Republic of China, be over twenty (20) years of age, have a registered permanent address, and must not be subject to any of the following conditions:
1. After the end of the period of mobilization for the suppression of the communist rebellion, the person received a final conviction and sentence for the offense of sedition or treason.
2. The person has received a final conviction and sentence for the offense of corruption.
3. The person has received a final conviction and sentence for violating the Presidential and Vice Presidential Election Recall Act by committing offenses detailed in Article 79, Article 80, Paragraph 1 or Paragraph 2 of Article 84, Subparagraph 1 of Paragraph 1 of Article 85 or the attempt thereof, Paragraph 1 of Article 86, Subparagraph 1 of Paragraph 1 of Article 87, having the intention to seek profit specified in Paragraph 1 of Article 88, by acting alone to commit offenses detailed in Paragraph 1 or Paragraph 2 of Article 84, Paragraph 1 of Article 86, or Subparagraph 1 of Paragraph 1 of Article 87, or to attempt to commit offenses detailed in Paragraphs 1, 6 or 7 of Article 89; the person has received a final conviction and sentence for violating the Public Official Election and Recall Act by committing offenses detailed in Article 93, Article 94, Paragraph 1 or Paragraph 2 of Article 97, Subparagraph 1 of Paragraph 1 of Article 98 or the attempt thereof, Paragraph 1 of Article 99, Paragraph 1 of Article 100, Paragraphs 1, 6, or 7 of Article 101, Subparagraph 1 of Paragraph 1 of Article 102, having the intention to seek profit specified in Article 103, by acting alone to commit offenses detailed in Paragraph 1 or Paragraph 2 of Article 97, Paragraph 1 of Article 99, Paragraph 1 or Paragraph 2 of Article 100, or Subparagraph 1 of Paragraph 1 of Article 102 or the attempt thereof; the person has received a final conviction and sentence for committing offenses detailed in Article 142 or Article 144 of the Criminal Code of the Republic of China.
4. The person has received a final conviction and sentence for any offense prescribed in the Organized Crime Prevention Act.
5. The person has received a final conviction for an offense other than those detailed in the preceding four subparagraphs and has been sentenced to imprisonment for a fixed term and either has not yet served their sentence or has not yet discharged their sentence. This provision shall not apply to persons who have been granted a probation or persons whose sentence is eligible to be converted into a fine or into social labor service.
6. The person has been sentenced to death, to life imprisonment, or to imprisonment for a fixed term of not less than ten (10) years, and the conviction is not yet final.
7. The person has received a final conviction, has been sentenced to compulsory work of rehabilitative disposition, and has not yet served their sentence, not yet discharged their sentence, or discharged their sentence within the past ten (10) years.
8. The person has received a final conviction, has been sentenced to other types of rehabilitative disposition and has not yet served their sentence or has not yet discharged their sentence.
9. The person has been declared bankrupt and has not recovered their rights.
10. The person is subject to an order of custodial protection or assistantship that has not yet been rescinded.
If the party leader meets any of the preceding conditions, the competent authority shall reject the official registration application. If the official registration application has been filed and the party leader subsequently meets any of the preceding conditions, the political party shall provide written notice to the competent authority within fifteen (15) days and select a new party leader within three (3) months. If such written notice is not provided, the competent authority shall contact the political party with a deadline by which a new party leader must be selected.
Article 8
The name and abbreviated name of a political party are subject to the following conditions:
1. The name or abbreviated name shall not be similar or identical to that of an established political party.
2. The name or abbreviated name shall not be formulated by adding words to the name or abbreviated name of an established political party.
3. The name or abbreviated name shall not be easily mistaken for a government agency or profit-seeking institution.
4. The name or abbreviated name shall not exhibit discriminatory or hateful characteristics.
If the name or abbreviated name of a political party is not in compliance with any condition specified in any subparagraph of the preceding paragraph, the competent authority shall stipulate a time by which the political party shall be required to make necessary corrections; official registration applications of political parties that fail to make such corrections or remain noncompliant after corrections have been made shall be rejected.
Article 9
After completing their official registration pursuant to Article 7, political parties shall register as a legal person at the district court of the jurisdiction where their main office is located. Within thirty (30) days of completing their registration as a legal person, political parties shall submit a photocopy of their legal person registration certificate to the competent authority for future reference.
Article 10
Political parties shall register any changes to the party charter or party leader with the competent authority within thirty (30) days.
If any of the conditions stipulated in Paragraph 3, Article 7 are met when applying to change the party leader, the change shall not be registered by the competent authority.
Political parties that have completed legal person registration and registered changes to their charter or party leader with the competent authority shall also register said changes with the court. Within thirty (30) days, political parties shall submit a photocopy of their updated legal person registration certificate to the competent authority for future reference.