Act Governing the Handover of Civil Servants

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=A0030025

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Article 1


Unless otherwise stipulated by law, all handovers of civil servants shall be governed by this Act.


Article 2


The types of handover shall be categorized as follows:
1.Head of an agency;
2.Manager; and
3.Person in charge.


Article 3


The term manager shall refer to a person who manages a unit of the agency; the term person in charge shall refer to a person directly in charge of certain property or affairs in the agency.


Article 4


When the head of an agency undertakes handover, he or she shall transfer the following items:
1.Official seal;
2.List of staff;
3.Accounting reports corresponding to the monthly reports and the agency’s deposit till the day of handover;
4.Important cases which are not yet handled or completed;
5.The policy or work programs of the year and the reports on the implementation status thereof at the time of handover;
6.The master catalogs of property affairs directly managed by the immediate managers. Notwithstanding, if there is any error in the master catalog, the immediate manager shall be responsible for such error.


Article 5


When the manager undertakes handover, he or she shall transfer the following items:
1.Stamp of the unit;
2.Cases not yet handled or completed;
3.The master catalog of property affairs managed or handled by the line manager or person in charge. Notwithstanding, if there is any error in the master catalog, the line manager or person in charge shall be responsible for such error.


Article 6


A person in charge shall make a list(s) of the property or affairs which are handled by him or her when transferring the required items. The types and names of such property affairs shall be regulated respectively by the agency in accordance with his or her scope of duty and the handling status.


Article 7


When the head of an agency undertakes handover, the immediate supervising agency shall appoint a person to oversee the handover. In the event of handover undertaken by a manager, the head of the agency shall appoint a person to oversee the handover. When a person in charge undertakes handover, the head of the agency shall appoint a person to oversee the handover along with the immediate manager of the person in charge.


Article 8


In the event that there is a dispute in respect of handover between civil servants, the transferor or transferee along with the person overseeing the handover shall draft a handling opinion and submit such opinion to the supervising agency or the head of the agency for approval.


Article 9


Where the head of an agency undertakes transfer, he or she shall complete the transfer of the items set forth in Subparagraphs 1 to 4 of Article 4 of this Act on the day of handover. The items listed in Subparagraphs 5 and 6 shall be transferred within five days.


Article 10


Where a manager undertakes transfer, he or she shall complete transfer of the items set forth in Subparagraphs 1 and 2 of Article 5 of this Act on the day of transfer. The items listed in Subparagraph 3 shall be transferred within three days.


Article 11


Where a person in charge undertakes transfer, he or she shall complete transfer of the items set forth in Article 6 of this Act within ten days from the day of transfer. If the property handled by the person in charge is complicated, the deadline for transfer may be extended for at most one month upon the approval of the head of the agency.


Article 12


In the event that the head of an agency fails to submit the accounting reports according to the law on the transfer, the succeeding head shall instead produce the required accounting reports according to the regulations. Notwithstanding, the predecessor shall be fully responsible for the accounting reports.


Article 13


Where the head of an agency undertakes transfer, the succeeding head shall complete the receipt of the transferred items along with the person overseeing the handover within five days after the predecessor completes the transfer, and shall make a submission which is jointly signed by the predecessor to the supervising agency.
The supervising agency shall approve the submission in the preceding paragraph within ten days and notify the results to the predecessor and the succeeding head separately.


Article 14


Where a manager undertakes transfer, the succeeding manager shall complete the receipt of the transferred items along with the person overseeing the handover within three days after the predecessor completes the transfer, and shall make a submission which is jointly signed by the predecessor to the head of the agency.
The head of the agency shall approve the submission in the preceding paragraph within ten days and notify the results to the predecessor and the succeeding manager separately.


Article 15


Where a person in charge undertakes transfer, the succeeding person in charge shall complete the receipt of the transferred items along with the person overseeing the handover and the immediate manager of the succeeding person in charge within ten days after the predecessor completes the transfer, and shall compile and submit the transfer list which is jointly signed by the predecessor to the head of the agency.
The head of the agency shall approve the submission in the preceding paragraph within ten days and notify the results to the predecessor and the succeeding person in charge separately.


Article 16


Civil servants at all ranks shall complete transfers in person. In the event that a civil servant is required to leave his or her place of work in advance due to change of position or any other special reason, a person may be appointed to handle the transfer upon the approval by the supervising agency or the head of the agency. All responsibilities shall be solely borne by the original transferor.
In the event that a civil servant set forth in Article 2 of this Act is dead or missing, the handover shall be undertaken by another person appointed by the supervising agency or the head of the agency. Notwithstanding, if the missing person is subsequently found, he or she shall be held responsible for the above transfer and handover.


Article 17


In the event that a civil servant of a rank fails to complete the transfer within the deadline or fails to complete the transfer in a satisfactory manner, his or her supervising agency or the head of the agency shall order him or her to complete the transfer in a satisfactory manner within no more than one month. If the civil servant in question fails to comply with the order after the stipulated period, he or she shall be subjected to disciplinary actions. If the civil servant has taken up another position after leaving the previous position, the disciplinary agency may notify his or her current manager to suspend his or her duty.


Article 18


In the event that a civil servant fails to transfer property in a satisfactory manner, such a civil servant, in addition to obeying the preceding Article, shall be transferred to the competent court by which his or her own property are subject to compulsory enforcement.


Article 19


The handover of a civil servant who is assigned for overseas mission shall be governed by this Act. Unless assigned for another overseas mission, a departing head of agency shall return to Taiwan within three months after he or she completed the handover and reported the conditions of handover to his or her supervising agency.


Article 20


The enforcement rules of these Statutes shall be enacted by the superior authorities respectively.
In the case of a central agency, the enforcement rules in the preceding paragraph shall be submitted to the superior Yuan for future reference. In the case of an agency below the level of province (city), the enforcement rules shall be submitted to the provincial (city) government for future reference.


Article 21


This Act shall be effective from the date of promulgation.