Act of the Establishment and Management of the Government Employee Ethics Units and Officers

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=I0070001

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Article 1


The establishment of the Government Employee Ethics Units and the administration of its officers shall be conducted in compliance with the Act.


Article 2


The competent authority of the Act shall be the Ministry of Justice.
The government employee ethics businesses nationwide shall be formulated, coordinated, directed and supervised by the Agency Against Corruption of the Ministry of Justice.


Article 3


The term “Government Employee Ethics Units” referred to in this Act means the various units in charge of the government employee ethics businesses at central and local organs and state-owned enterprises (hereinafter referred to as the “organs”).
The term “Government Employee Ethics Officers" referred to herein means the personnel under the Agency Against Corruption of the Ministry of Justice that is in charge of the matters concerned with government employee ethics, and the personnel within the legal size of staff of the Government Employee Ethics Units that is in charge of the government employee ethics businesses.


Article 4


The Government Employee Ethics Units is in charge of the following matters:
1. Matters concerned with promotion of integrity and social participation.
2. Matters concerned with drafting, promotion, and implementation of integrity regulations and directions and preventive measures.
3. Matters concerned with drafting, coordination, and implementation of suggestions for integrity reformation.
4. Matters concerned with property-declaration of public servants, recusal of public servants due to conflicts of interest, and businesses relevant to integrity and ethics directions.
5. Matters concerned with handling corruption and malfeasance related to the organs.
6. Matters concerned with inspecting businesses that carry risks of corruption.
7. Matters concerned with handling and coordinating the protection of official confidential information of the organ.
8. Matters concerned with handling and coordinating security maintenance of the organ.
9. Other matters concerned with government employee ethics.


Article 5


The Government Employee Ethics Units shall be established according to the level, business attribute, organizational framework and needs of government employee ethics business of the respective organs. The standards of establishment shall be drafted by the competent authority and then submitted to the Executive Yuan for approval.
Organs that do not reach the standards of establishment shall install dedicated personnel to take charge of government employee ethics businesses. The job title shall be “Government Employee Ethics Personnel”, and shall be regarded as Government Employee Ethics Units.
For above-mentioned organs that do not install dedicated personnel, the Government Employee Ethics Units of their superior organs shall entrust the respective organs to select or recommend appropriate officers from within the organs to concurrently handle such businesses in accordance with the approval of government employee ethics system.


Article 6


The name of the Government Employee Ethics Unit shall be Department or Office. Subordinate units may be established to carry out tasks depending on the workload.
Department of Government Ethics shall install a director and in case of necessary deputy director shall be positioned while the Government Employee Ethics Office shall install a chief.


Article 7


The job titles, ranks, and number of posts shall be decided according to the organic laws and regulations of the respective organs or applicable officer ranking regulations.


Article 8


Matters relating to appointment/discharge, promotion/transfer, performance evaluations, award and punishments of the government employee ethics officers of the respective organs shall be handled in compliance with relevant acts and regulations. Regulations governing the authorities and responsibilities, operating procedures, and other relevant administrative affairs shall be prescribed by the competent authority.


Article 9


The government employee ethics officers or the concurrently assigned or entrusted government employee ethics businesses personnel in respective organs shall handle such businesses in accordance with the law, and shall act under the order of the chief of the organs as well as under the direction and supervision of the Government Employee Ethics Unit of its superior organ.


Article 10


The Legislative Yuan/ councils, military units, and public schools of various levels shall be excluded from the Act.
The provision of the preceding paragraph shall not apply to the establishment of Government Employee Ethics Unit under the Ministry of National Defense.
For the military units and public schools that do not establish Government Employee Ethics Units pursuant to the first paragraph, the businesses of preventing and eliminating corruption and malfeasance shall be handled by the Government Employee Ethics Unit of its superior organ.


Article 11


The Enforcement Rules of the Act shall be prescribed by the Ministry of Justice jointly with the Ministry of Civil Service.


Article 12


The enforcement date of the Act shall be prescribed by the Executive Yuan.