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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
Upon the founding of a political party, applicants shall file a declaration, a party charter, a party roster containing the signatures and seals of at least one hundred (100) members of the political party, a roster of the party officers, records of the founding assembly, and records of the party officer selection process to the competent authority within thirty (30) days of said founding assembly. After all documentation has been received, the competent authority shall issue an official seal and a certificate of accreditation.
At least fifty (50) members of the political party shall attend the assembly specified in the preceding paragraph. The competent authority shall be notified of the assembly fifteen (15) days in advance. The competent authority may send personnel to attend the event.
The political party leader must be an ROC resident, be over twenty (20) years of age, have a registered permanent address, and not be subject to any of the following conditions:
1. The person has been found guilty of the crime of insurrection or treason (after the end of the period of mobilization for the suppression of the communist rebellion) with final judgment rendered.
2. The person has committed the crime of corruption, with final judgment rendered.
3. The person has committed and been convicted and sentenced for offenses or the corresponding attempted offenses prescribed in Article 79; Article 80; Article 84, Paragraphs 1 and 2; Article 85, Paragraph 1, Subparagraph 1; Article 86, Paragraph 1; Article 87, Paragraph 1, Subparagraph 1; and/or Article 88, Paragraph 1 (Intention to seek profit) of the Presidential and Vice Presidential Election and Recall Act.
The person has undertaken affairs prescribed in Article 84, Paragraphs 1 and 2; Article 86, Paragraph 1; Article 87, Paragraph 1, Subparagraph 1; and/or Article 89, Paragraphs 1, 6, and 7 of the Presidential and Vice Presidential Election and Recall Act.
The person has committed and been sentenced for the offenses or the corresponding attempted offenses prescribed in Article 93; Article 94; Article 97, Paragraphs 1 and 2; Article 98, Paragraph 1, Subparagraph 1; Article 99, Paragraph 1; Article 100, Paragraph 1; Article 101, Paragraphs 1, 6, and 7; Article 102, Paragraph 1, Subparagraph 1; and/or Article 103 (Intention to seek profit) of the Civil Servants Election and Recall Act.
The person has undertaken affairs or the corresponding attempted offenses prescribed in Article 97, Paragraphs 1 and 2; Article 99, Paragraph 1; Article 100, Paragraphs 1 and 2; and/or Article 102, Paragraph 1, Subparagraph 1 of the Civil Servants Election and Recall Act.
The person has committed and been sentenced for the crimes prescribed in Article 142 and Article 144 of the Criminal Code.
4. The person has committed any crime prescribed in the Organized Crime Prevention Act, with final judgment rendered.
5. The person has committed a crime other than those prescribed in the four preceding paragraphs and has been convicted of said crime and sentenced to penal servitude for a fixed term while enforcement of the penalty is pending or the penalty has been enforced but has not yet been completed. Persons who have been granted a reprieve or who have been sentenced to penal servitude with a sentence which may be alternatively converted into a fine are excluded from this ruling.
6. The person has been sentenced to death, life imprisonment, or penal servitude for a fixed term of not less than ten (10) years, where final judgment has not been rendered.
7. The person has been sentenced to forced labor, where final judgment has been rendered while enforcement of the penalty is pending, or the penalty has been enforced but has not yet been completed, or the penalty has been completed within the past ten years.
8. The person has been sentenced to other security punishment where judgment has been rendered but not yet executed or not yet completed.
9. The person has declared bankruptcy and has not recovered his/her rights.
10. The person has become subject to an order of the commencement of guardianship or assistantship which has not yet been rescinded.
Should the party leader be subject to any of the preceding conditions, the competent authority shall reject the declaration. If any of the preceding conditions are met after a declaration is filed, the political party shall notify the competent authority within fifteen (15) days and select a new party leader within three (3) months. If such notification is not made, the competent authority shall inform the political party of the deadline for selecting a new party leader.
Article 8
The name or abbreviation of a political party may not be subject to any of the following conditions:
1. It is similar or identical to an already established political party.
2. It is formulated through the mere addition of words to the name or abbreviation of an already established political party.
3. It causes people to mistake the political party for a government agency or for-profit institution.
4. It exhibits discriminatory or hateful characteristics.
Any political party whose name or abbreviation is subject to any of the preceding conditions shall be required to make corrections within a prescribed time period by the competent authority; declarations for political parties failing to make such corrections or remaining subject to any of the preceding conditions after corrections are made will be rejected.
Article 9
After completing the filing process pursuant to Article 7, political parties shall apply for legal person registration to the district court of the jurisdiction in which their main office is located. Political parties shall submit a photocopy of their legal person registration certificate to the competent authority for filing within thirty (30) days after its registration.
Article 10
Political parties shall submit a record of changes to the party charter or party leader to the competent authority for filing within thirty (30) days.
The competent authority shall not record documentation from political parties informing of a change of party leader if such changes meet any of the descriptions prescribed in Article 7, Paragraph 3.
Political parties that have completed legal person registration and whose alterations to charter or changes in party leader have been filed with the competent authority shall submit a record of said changes to the court for filing. Political parties shall submit a photocopy of their updated legal person registration certificates to the competent authority for filing within thirty (30) days.