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Chapter Law Content

Title: Professional Engineers Act CH
Category: Public Construction Commission, Executive Yuan(行政院公共工程委員會)
Chapter Four Professional Engineer Association
Article 24
Professional engineers shall not engage in the professional practice until joining the professional engineer association of the corresponding branch. The professional engineer association shall not reject the application for entry.
Professional engineers shall pay the membership fee according to the organizational articles of the professional engineer association.
Article 25
Professional engineer associations shall be duly organized by branches and be named after the respective engineering branches. Several engineering branches may be jointly organized into one professional engineering association if necessary.
Article 26
The professional engineer association of each engineering branch or one that is jointly organized by several engineering branches shall be established in the province (municipality) association or nation federation. The number of the aforementioned association organized at the same administrative level within the same administrative area is limited to one. The provincial (municipal) or regional professional engineer association shall not be organized if there is a national federation of professional engineer association.
Article 27
The provincial (municipal) professional engineer association shall be duly organized by a minimum of seven professional engineers as promoters in the provincial (municipal) administrative region. The professional engineers may join the neighboring associations if there are less than seven in number in the province (municipality) or region.
The national federation of professional engineer association shall be organized by a minimum of twenty professional engineers as the promoters.
Article 28
The provincial (municipal) professional engineer association, which were organized before the amendment of this Act on May 31th, 2011, may be merged into the national association of each engineering branch or jointly organized for several engineering branches after the resolution of members’ meeting and application to the central competent authority of civil associations for approval and accreditation.
If the provincial (municipal) or regional professional engineer association for the respective engineering branch been merged into a national federation of professional engineer association, the provincial (municipal) or regional professional engineer association for the respective engineering branches shall not be organized unless the national federation of professional engineer association is dissolved by a resolution.
The outstanding property of merged national association of each engineering branch in Paragraph 1, after the resolution of members’ meeting and application to the central competent authority of civil associations for approval and accreditation, belongs to the national federation of professional engineer association. The following regulations are applicable to property transfer resulting from merge:
1. Deeds and certificates are exempted from stamp tax.
2. Transfer of securities is exempted from securities transaction tax.
3. Transfer of goods or labor is not in the scope of sales tax.
4. Transfer of real estate is exempted from deed tax and land value increment tax. However, for a subsequent land transfer, land value increment tax will be calculated based on the original land value before the merge.
Article 29
The national federation of professional engineer association of each engineering branch or jointly organized for several engineering branches shall be organized by a minimum of three provincial (municipal) or regional professional engineer associations as the promoters.
Article 30
The competent authorities governing over the professional engineer associations shall be the competent authorities in charge of civil associations. Their operation shall be, nevertheless, subject to instructions and supervision by the competent authority over professional engineers set forth in Article 2.
Article 31
Each professional engineer association consists of directors and supervisors duly elected by the assembly. The composition is as followed:
1. Each provincial (municipal) professional engineer association shall consist 3~15 directors; 1~5 supervisors.
2. Each national federation of professional engineer association shall consist 9~33 directors; 3~11 supervisors.
The aforementioned directors and supervisors hold a term of three years, unless otherwise limited by the organizational articles can be re-elected to serve; the president of the board of directors shall serve no more than two consecutive terms at a time.
Article 32
Following particulars shall be specified in the professional engineer association’s organizational articles:
1. Title, region and the place where the association is located.
2. The association’s functions and duties.
3. Admission, withdrawal of membership.
4. Members’ rights and obligations.
5. Quota of directors, supervisors, standby directors, standby supervisors; method of election, their duties, limit of their powers.
6. Regulations for the members’ or member representatives’ meeting.
7. The pacts and ethical conduct to be complied with.
8. The regulation for suspending member’s right when member violates Organizational articles, pacts, code of conduct of the professional engineer association in which they are members.
9. Funds and accounting.
10. Amendment of the association’s organizational articles.
11. Other required matters as relevant to the association affairs.
Article 33
Each professional engineer association shall declare the following particulars to the local competent authority in charge of Civil Associations and the central competent authorities governing over the professional engineer associations:
1. Amendment of Organizational articles.
2. Changes on roster of members.
3. Election of directors, supervisors and names of the elected directors, supervisors.
4. Dates, time, place and highlights of the meetings of members, member representative, board of directors, and supervisors.
5. Decisions resolved.
Article 34
Each professional engineer association shall hold the members’ meeting or member representative meeting on an annual basis and may hold an extraordinary meeting whenever necessary.
Article 35
Each professional engineer association shall report and invite the local competent authority in charge of civil associations and the central competent authorities governing over the professional engineer associations where the professional engineer association is located to assign official(s) to attend the meeting when hold the members’ meeting or member representative’s meeting.
Article 36
Where a professional engineer association breaches laws or regulations or its organizational articles, the local competent authority in charge of civil associations may impose the following penalties:
1. Warning.
2. Revocation of decisions resolved.
3. Reorganization.
Penalties set forth in preceding Subparagraphs 1 and 2 may be imposed by the competent authority in charge of professional engineers as well.
Article 37
Provisions set forth in Articles 32 to the preceding Article are applicable mutatis mutandis to the national federation of professional engineer associations.