Enforcement Rules of Lobbying Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0020067

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Article 1


These Rules are enacted pursuant to Article 30 of the Lobbying Act (the Act).


Article 2


The behavior of expressing concerns directly to the lobbied party or his (or her) designated person, specified in Paragraph 1 of Article 2 of the Act, refers that the lobbyist has direct contact with the lobbied party or his (or her) designated person to express concerns, but not through public modes, such as delivering the lecture, publishing, holding a public hearing, the mass media, or meeting or parading.


Article 3


The persons applying for recordation according to Paragraph 2 of Article 4 of the Act shall fill out the record application form and submit the following documents:
1.Natural person:
(1)A copy of National ID card, valid passport photo page, or personal ID card issued by foreign governments.
(2)A copy of certificate of qualification in the professional and technical special examination.
(3)The certificate of executing business by the professional and technical personnel, issued by the competent institute or the professional union he or she joining in.
2.Legal person for profit:
(1)A copy of the registration certificate of the legal person.
(2)A copy of the constitution of association of the legal person.
(3)A copy of the representative’s National ID card, valid passport photo page, or personal ID card issued by foreign governments.
Since the preceding application form is reviewed for approval, the competent institute shall issue the record letter and register it on the website. Those not approved after reviews shall be provided clear reasons by the competent institute and will not be recorded. Those allowed for document complementing will be given a complementing period, and shall not be recorded if not submitting complementary documents during the period or not being able to fit the regulations with the complementary documents.


Article 4


The record letter mentioned in the preceding article shall record the following items:
1.Natural person:
(1) name, gender, date of birth, and the number of National ID card , valid passport, or the personal ID card issued by foreign governments.
(2) the number of the certificate passing the Special Qualification Examination for Professional and Technical Personnel.
(3) the number of the certificate of executing business.
(4) other items designated by the competent institute.
2.Legal person for profit:
(1) the title and the address of the main office.
(2) the name of the representative and the number of National ID card , valid passport, or the personal ID card issued by foreign governments.
(3) the number of the registration certificate of the legal person.
(4) other items designated by the competent institute.


Article 5


The organizations served before, specified in Article 10 of the Act, include the agency and its subordinated offices.


Article 6


Family members living together, specified in Subparagraph 1, Paragraph 2 of Article 12 of the Act, refer to parents or family members specified in Article 1123 of the Civil Act.


Article 7


The number of personal ID document, specified in Item 1, Subparagraph 1 and Subparagraph 2, Paragraph 1 of Article 13 of the Act, refers to the National ID number or the number in a valid passport of a citizen of the ROC, or the number of a valid passport or a personal ID card issued by the government of a foreigner’s country.


Article 8


The number of the certificate of executing business by the professional and technical personnel, specified in Item 7, Subparagraph 1, Paragraph 1 of Article 13 of the Act, refers to the number on the certificate of executing business issued by the competent institute or the professional union.


Article 9


The documents applicable to identify the commissioner, specified in Item 7 of Subparagraph 1 and Item 8 of Subparagraph 2, Paragraph 1 of Article 13 of the Act, include the following documents of the commissioner:
1.Citizen of the ROC:a copy of National ID card, Household Certificate, Household Registration Transcript, or valid ROC passport.
2.Legal person or organization of the ROC:a copy of the registration certificate, establishment permission document, or reference approval document, and a copy of the representative’s National ID card, Household Certificate, Household Registration Transcript, or valid ROC passport. The foreigner representative shall provide a copy of valid passport photo page or personal ID card issued by the government of his (or her) home country.
3.Foreigner:a copy of valid passport photo page or personal ID card issued by the government of his (or her) home country.
4.Foreign legal person or organization:a copy of the registration certificate, establishment permission document, or reference approval document, and a copy of the representative’s valid passport photo page or personal ID card issued by the government of his (or her) home country.
5.Foreign governments:a copy of commission letters.


Article 10


Applying for lobbying registration according to Paragraph 1 to Paragraph 4 of Article 13 of the Act, the government agency the lobbied party serving shall reject the application with clear reasons when the applicant does not submit the full set of documents, or the submitted documents do not fit regulations. Applicants allowed for document complementing will be given a complementing period, and shall be rejected if not submitting complementary documents during the period or not being able to fit the regulations with the complementary documents.


Article 11


The government agency the lobbied party serving shall designate the responsible unit or person to process registration on the website according to Article 14 of the Act, and notify the competent institute.


Article 12


Once the lobbying registration is approved, the government agency the lobbied party serving shall notify the lobbyist and list the cautious notes on the notification letter.


Article 13


When the lobbied party leaves or is suspended, specified in Paragraph 3 of Article 2 of the Act, the government agency shall notify the lobbyist. The lobbyist may apply for alternation registration according to Paragraph 2 of Article 13 of the Act in order to process subsequent lobbying.


Article 14


Before commencing oral lobbying during the approved lobbying period, the lobbyist shall settle down the lobbying time and location with the government agency the lobbied party serving.
If unable to process lobbying at the designated time and location, the lobbyist shall notify the government agency for selecting another time or to change to the written lobbying.


Article 15


For face-to-face lobbying, the lobbyist shall present his (or her) personal ID card before lobbying processes at the designated time and location. The lobbying representatives who are commissioned by the legal person or organization shall submit the delegation letter.
The lobbied party or his (or her) designated person may reject lobbying when the lobbyist does not follow the preceding paragraph.
During lobbying, the lobbied party or his (or her) designated person may assign persons to record items specified in Article 16 of the Act.


Article 16


The written lobbying documents shall be delivered to the government agency the lobbied party serving by a registered mail or in person.
The lobbying documents mentioned in preceding paragraph, such as the written document delivery form, a copy of notification of lobbying registration approval, and description or related documents for lobbying contents.


Article 17


The financial statement specified in Article 17 of the Act shall be organized based on lunar calendar. For the basis of accounting process, the cash basis accounting is applied for the natural person, and accrual basis accounting is for the legal person or organization.
The financial statement mentioned in the preceding paragraph shall list the following:
1.Revenue:
(1) service revenue.
(2) other revenue.
2.Expenditure:
(1) personnel expenditure.
(2) operating expenditure.
(3) research expenditure.
(4) promotion or advertisement expenditure.
(5) public relations expenditure.
(6) transportation and travel expenditure.
(7) miscellaneous expenditure.
3.other items designated by the competent institute.


Article 18


When the financial statement organized by the lobbyist according to Paragraph 1 of Article 17 of the Act is not completed, the government agency the lobbied party serving shall notify the lobbyist to complement documents during the designated period.


Article 19


For the items specified by Paragraph 1 of Article 13 and Paragraph 1 of Article 17 of the Act for registration and reporting, the government agency the lobbied party serving may request the lobbyist to submit the original copy of registration application, books of payments, documents of receipts and payments, and other proof documents, and consult related institutes or personnel to provide information or explanation.


Article 20


When executing the process specified in Paragraph 1 of Article 18 of the Act, the government agency the lobbied party serving shall publish the lobbying items and financial statements received in the previous season on the website, government gazettes, or other publishes within 30 days after each season starts.
The registration items and financial statements shall be organized and filed by case and reserved based on numbers by the government agency the lobbied party serving.


Article 21


The custody and reserving years specified in Paragraph 2 of Article 17 and Article 18 shall start to be calculated since the date the lobbying ends.


Article 22


When the government agency the lobbied party serving is removed to punishment according to Paragraph 1 of Article 29 of the Act, the removing form shall be filled out to list the basic information of the person removed and the fact violating the laws along with related evidences and documents.


Article 23


When documents which shall be submitted according to the Act and the Rule are produced overseas, they shall be examined by the consulates, representative office, or other authorized institutes of the Ministry of Foreign Affairs (the embassies and missions abroad). If the documents are produced in domestic by authority of foreign embassies and missions in the ROC, they shall be re-examined by the Ministry of Foreign Affairs.
If the documents mentioned in the preceding paragraph are written in other languages, they shall be translated into traditional Chinese and examined by the embassies and missions abroad or noted by the domestic notary.


Article 24


Notifications based on the Act and the Rule shall be made by the written form.


Article 25


The Rule is effective since August 8, 2008.