Enforcement Rules of the Act of the Establishment of the Government Employee Ethics Units and Their Officers

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=I0070002

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Article 1


The Enforcement Rules are prescribed in accordance with Article 11 of the Act of the Establishment and Management of the Government Employee Ethics Units and Officers (hereinafter referred to as "the Act").


Article 2


Article 2 of the Act provides that the Ministry of Justice shall be the competent authority of the Act.


Article 3


The central and local organs and state-owned enterprises referred to in Article 3 of the Act means the Office of the President, the National Security Council, the Executive Yuan, the Judicial Yuan, the Examination Yuan, the Control Yuan, every Ministry, Commission, Administration, Department, Bureau, Agency, Yuan, Provincial (Municipal) Government, county (city) governments, township (city) offices and their subordinate organs and state-run enterprises.


Article 4


Matters concerned with promotion of integrity and social participation referred to in Subparagraph 1 of Article 4 of the Act are shown for example as follows:
1. Implementation and coordination of anti-corruption publicity and training
2. Explanation on anti-corruption cases and citation of extraordinarily good ethics
3. Promotion of community involvement in anti-corruption
4. Promotion, coordination, and publicity for anti-corruption matters


Article 5


Matters concerned with drafting, promotion and implementation of integrity regulations and directions and preventive measures referred to in Subparagraph 2 of Article 4 of the Act are shown for example as follows:
1. Draft and revision of integrity regulations and directions
2. Promotion and implementation of risk assessment for anti-corruption
3. Promotion and implementation of audit on an organization's operations
4. Promotion and implementation of anti-corruption reports
5. Promotion and implementation of anti-corruption studies


Article 6


Matters concerned with drafting, coordination, and implementation of suggestions for integrity reformation referred to in Subparagraph 3 of Article 4 of the Act are shown for example as follows:
1. Formulation of improvement measures based on the assessment of risks to anti-corruption.
2. Collection and examination of the deficiencies of organizations' ordinances through discussion meetings, interviews or other approaches
3. Promotion of transparency in organizations' operational procedures
4. Supervision, assessment, punishment and reward for staff of Government Employee Ethics Units


Article 7


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 referred to in Subparagraph 4 of Article 4 of the Act are shown for example as follows:
1. Publicity of the Act on Property-Declaration by Public Servants, the Act on Recusal of public Servants Due to Conflicts of Interest, and the Integrity and Ethics Direction for Public Servants
2. Business based on the Act on Property Declaration by Public Servants
3. Business based on the Act on Recusal of public Servants Due to Conflicts of Interest
4. Interpretation, case explanation, and consultation with regard to the Integrity and Ethics Direction for Public Servants
5. Notification, registration and filing of such matters as receiving of gifts, receiving of drinking and dining treat, requests for intercession through influence


Article 8


Matters concerned with handling corruption and malfeasance related to organs mentioned in Subparagraph 5 of Article 4 are shown for example as follows:
1. inspection and investigation of abnormal operations of organizations and abnormal living style of employees
2. Investigation of irregularities exposed by people or reported by the media
3. Handling of documents, making of interviews and the doing of other matters handed down by an organization's head or by the Agency Against Corruption for investigation or gathering evidence
4. Implementation of administrative investigation on corruption
5. Installation of mail box and hotline and encouragement of whistle-blowing


Article 9


Matters concerned with inspecting businesses that carry risks of corruption mentioned in Subparagraph 6 of Article 4 of the Act are shown for example as follows:
1. Assessment of corruption-risky business in organizations and investigation of cases showing signs of corruption
2. Study of corruption cases that have occurred in other organizations to see the possibility of occurring in own organization and take concrete preventive steps
3. Formulation of improvement measures against deficiencies based on the findings of inspections and investigations and implementation of tracking


Article 10


Matters concerned with handling and coordinating the protection of official confidential information of the organ mentioned in Subparagraph 7 of Article 4 of the Act are shown for example as follows:
1. Prescription or amendment of the regulations governing the protection of the organization's confidential information on public affairs
2. Publicity of confidential-information protection ordinances and approaches
3. Promotion of IT secret protection
4. Handling of confidential information leakages
Article11
Matters concerned with handling and coordinating security maintenance of the organ mentioned in Subparagraph 8 of Article 4 of the Act are shown for example as follows:
1. Prevention of damage or other harmful acts to the organization
2. Assistance with the handling of petitions and pleadings
3. Connection and consultation with other organizations on security matters


Article 12


Paragraph 3 of Article 5 of the Act provides that if an organization that has not installed specific ethics personnel, the higher organization shall commission an appropriate person in the lower organization to do the following things:
1. Notification, registration and filing of affairs regarding accepting gifts, drinking and dining treat, requests for intercession with influence and other ethics-related maters
2. Coordination with the effort to protect confidential information and security of organizations
3. Publicity and consultation with regard to the Act on Property Declaration by Public Servants and the Act on Recusal of public Servants Due to Conflicts of Interest
4. Publicity for integrity
5. Other matters and commissioned items related to integrity


Article 13


In accordance with the provisions of Paragraph 3 of Article 10 of the Act, for the military organization and schools at all level that do not have government employee ethics units, the ethics units of their higher-up organizations may handling their ethics affairs in the following way:
1. Deploying ethics personnel in the organization by its higher-up organization in keeping with the need
2. Commissioning of appropriate personnel in said organization by its higher-up organization for the afore-mentioned activities
3. The said subordinate military and school shall help their higher-up organization implement anti- corruption measures.


Article 14


The appointment, dismissal, promotion, punishment, performance evaluation and training for ethics personnel of all organizations shall be done by the Ministry of Justice or the Agency Against Corruption in keeping with related laws and regulations.
The Ministry of Justice or the Agency Against Corruption may hold various workshops for deployed or designated ethics personnel of organizations in order to increase their working knowledge and skills. They may also designate the government employee ethics units and officers at central and local organs to conduct the workshops.


Article 15


These Enforcement Rules shall come into effect on the day of promulgation.