Enforcement Rules of the Act on Recusal of Public Servants Due to Conflicts of Interest

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=I0070009

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Article 1


This Enforcement Rules is prescribed in accordance with Article 23 of the Act on Recusal of Public Servants Due to Conflicts of Interest (hereinafter referred to as the "Act").


Article 2


"Family members living together" referred to in Subparagraph 1 of Article 3 of the Act means parents or family members prescribed in Article 1123 of the Civil Code.
"For-profit enterprise" referred to in Subparagraph 4 of Article 3 of the Act means for-profit enterprises prescribed in the Paragraph 2 of Article 11 of the Income Tax Act .


Article 3


"Other property right" referred to in Subparagraph 3 of Paragraph 2 of Article 4 of the Act means rights such as right of mining, fishing, patent, exclusive right to use trademark or copyright etc.
"Other interests with economic value or that can be acquired through money exchange" referred to in Subparagraph 4 of Paragraph 2 of Article 4 of the Act means interests such as VIP guest card, membership card, player's card, coupon, and sale coupons etc.


Article 4


"Requesting or speaking " referred to in Article 8 of the Act denotes those the contents of which involve decision-making or implementation of concrete business of the organ, and where there are possibilities of adversely affecting specific rights and obligations by such decision or implementation of business.


Article 5


"Duty agent" referred to in Subparagraph 2 of Paragraph 1 of Article 10 and Article 11 of the Act means the agent designated by various organs to perform official duties pursuant to the Constitution, acts and regulations. The duty allowed by the Duty agent to perform or renew shall be limited to the extent that the duty permitted under acts and regulations or by the nature of the duty, the involved action are allowed to be taken by the agent.


Article 6


In the "notify in writing" referred to in Paragraph 2 of Article 10 of the Act, the following matters shall be specified and a copy of the same shall be sent to the organ with which the servant serves:
1. Name, date of birth of the public servant that should recuse, the organ with which he serves and his position therein.
2. The matters and reasons necessitating recusal.
3. The organ handling the notification.
4. Date of filling.
Where a public servant who has recused pursuant to the provisions of Paragraph 1 of Article 10 of the Act fails to make a notification pursuant to the provisions of Paragraph 2 of Article 10, the organ with which he serves or the superior organ shall order him to make corrections.


Article 7


Where an interested person applies for recusal of a specific public servant pursuant to the Article 12 of the Act, he shall submit a written application specifying the following matters:
1. Name, gender, date of birth, ID number or passport number of the applicant and his domicile. Where the applicant is a legal person or other groups with a representative or a manager, the name and business office of the legal person or other groups, and the name, gender, date of birth, ID number or passport number and domicile of its manager or agent.
2. Name of the public servant against whom the application for recusal is made and the organ with which he serves.
3. Name of the public servant that should recuse and the organ with which he serves.
4. The organ handling the application.
5. Date of application.
In case the above application is made orally, the handling Organ shall make it into records; in the meantime, the record shall be signed or sealed by the applicant upon confirming correctness of the record after being read to or viewed by him.
When the applicant makes the application pursuant to the above two paragraphs, he shall clarify where his interest is.


Article 8


After conducting investigations to the preceding application, the handling organ shall work out a written decision and inform the applicant and the public servant against whom the application for recusal is made.


Article 9


Penalties imposed under this Act shall be made in the form of Penalty Decision.
Where the property interests gained by the person against whom penalties are imposed shall be pursued and confiscated, the Penalty Decision shall specify the theme of pursuing and confiscating the property interests, the object pursued and confiscated, and the amount involved.


Article 10


The announcement or publication made by the organ making the penalties pursuant to the Article 22 of the Act shall include the following matters:
1. Name, gender, date of birth of the person against whom penalties are imposed, his ID number or passport number and his domicile. Where he is a public servant, the organ with which he serves and his position.
2. Theme and facts of the Penalty Decision.
3. The organ making the Penalty Decision.
4. Date of making the Penalty Decision.
5. Other necessary issues.


Article 11


The Enforcement Rules shall be in force from the date of promulgation.