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- What are the regulations governing overseas Chinese draftees?CollapseAccording to the amended “Conscription Regulations for Naturalized Aliens and Returning Overseas Chinese” announced on December 30, 2002, regulations concerning overseas Chinese draftees are: Male individuals of conscription age who have registered household as well as overseas Chinese status shall be conscripted if they have been residing in the country for a full year, starting from the day they arrived. Male individuals who are stateless and have overseas Chinese status and who have come back to the country voluntarily and underwent household registration for the first time shall also be conscripted if they have been residing in the country for one full year, starting form the day they arrived. The method for calculating the residency time of overseas Chinese is as such: (1) living in the country for one full year; (2) male individuals of conscripted age born before 1984 and have lived in the country for more than four months three times; and (3) male individuals of conscription age born after 1985, who had lived in Taiwan in excess of 183 days, between January 1 through December 31, for two years. Once an overseas Chinese draftee needs to be conscripted according to law, his conscription responsibilities will be exactly the same as those of the regular draftees. In terms of rendering military services, according to the recruitment processing of the Conscription Law, draftees should submit to military register investigation after which they would be notified to undergo conscription examination (physical checkup) in accredited hospitals. The examination results will determine the physical status of substitute service draftees. The draftees would participate in drawing lots; then according to the branch and number, be recruited into the camps. Those who are willing to render substitute services should apply for rendering of substitute service according to regulations during the process of determining the physical status of substitute services draftees. If examination results consider the applicant as being eligible for substitute services, then he should join the lot drawing and enter camp to render substitute services based on the lot number. If he has physical status of military service exemption, then he is exempted from military services.
- How should a male Taiwanese national be in order to be eligible for overseas Chinese passport Status Visa? How does one obtain such a document? What government agency is responsible for answering questions regarding this issue?CollapseA male national of Taiwan should immigrate to another country before the age of 15 in order to be eligible for Overseas Chinese passport status visa. If they meet the qualifications for the status visa, male nationals who immigrated to other countries from Taiwan, should apply with the Bureau of Consular Affairs, Ministry of Foreign Affairs or ROC consular offices abroad to revoke the seal of non-rendering of military service. Overseas Chinese Passport Status Visa are given to: （1）those who went out of the country before turning 15 on December 31 of that year;（2）possess a valid ROC passport;（3）obtained valid permanent residency in the foreign country;（4）has lived in the foreign country for four years cumulatively;（5）has lived in the foreign country for six consecutive months or eight months and above annually in a span of two years; and （6）who returned to the country close to the conscription age from January 1 of the year they turned sixteen to December 31 of the year they turned 18 and lived for not more than 183 days annually. Furthermore, after reaching the conscription age of 19 on January 1st of that year, individuals who do not possess the qualifications mentioned in items 3, 4, and 5 should never have gone out of the country before. In terms of issues pertaining to overseas Chinese passport status visa, one can go directly to the Overseas Compatriot affairs Commission, the Bureau of Consular Affairs, MOFA, or any of our embassies and consular offices abroad.
- Can naturalized individuals with foreign passports be restricted by the Conscription Law of the ROC?CollapseAccording to Section 1 Article 5 of the “Conscription Regulations for Naturalized Aliens and Returning Overseas Chinese,” a male overseas Chinese entering the country using a foreign passport and who is of conscription age, is covered by the relevant regulations governing returning overseas Chinese. Also, according to Article 14 of the “Regulations for Exit of Draftees,” individuals of conscription age who have a registered household here in Taiwan and possessing dual citizenship, should use their ROC passports in entering and exiting the country. Those who enter using their foreign passports are still considered as being eligible for conscription and will be restricted from exiting the country (this restriction shall be lifted when the individual has rendered the mandatory military service).
- How is the military service issue for naturalized males who have come back to the country to study be handled?CollapseA male overseas Chinese returning to the country to study need not face the issue of military conscription if he is below conscription age (18 years); his education shall be governed by the regulations from the Ministry of Education and the Overseas Compatriot Affairs Commission. For overseas male Chinese of conscription age, who is returning home to study, according to Section 2 Article 4 of the “Conscription Regulations for Naturalized Aliens and Returning Overseas Chinese,” amended on December 30, 2002, time spent returning home to study shall not counted as residency time for those who are eligible for suspended draft. However, after leaving school (upon a leave of absence, dropping out, or graduation), then time of residency in Taiwan shall be calculated according to law; after establishing one full year of residency, the individual shall be conscripted. In addition, to complement the government’s overseas Chinese policies, which provides counseling and guidance to those returning home to study, time spent by individuals attending preparatory classes at the National Overseas Chinese University shall not be include din the calculation of residency.
- Are foreign religious and legal persons allowed to own land in Taiwan?CollapseForeign nationals may acquire real estate rights if the purchase is approved under the relevant regulations in the Land Act. This is based on Articles 11 and 12 of Enforcement Regulations for General Principles of Civil Code as well as Article 4 of Operational Directions for Foreigners to Acquire Land Rights in Taiwan such as “Foreign legal persons shall be established except in circumstances forbidden by law,” “Foreign legal persons who have been approved have the same rights as those of Chinese legal persons within the limits of the law,”and“If a foreign legal person applies for acquiring or creating land rights in Taiwan, it shall be first recognized by the Taiwan laws before to act as a subject of rights.”This means that foreign legal persons should first obtain approval according to the mandates of the law to be allowed to acquire land rights.
- What are the laws governing the sale and purchase of real estate by foreign nationals in Taiwan? What documents do they have to prepare? Collapse1. Acquisition of real estate by foreign nationals in Taiwan is governed by Articles 17 and 20 of the Land Act, as well as relevant regulations in the “Operational Directions for Foreigners to Acquire Land Rights in Taiwan”
2. Foreign nationals purchasing real estate are required to submit the following documents to the Land Registration Office where the land is located :
（1）Application form for land registration
（2）Identification documents of obligor and oblige of changes in land rights
（3）Contract of sale and purchase
（4）Tax payment or tax exemption documents (e.g. land value increment tax or tax on land ownership registration)
（5）Certificate of Reciprocity (has included in the table of reciprocal countries, therefore not necessary)
（6）Certificate of zoning for land use (do not need to submit if the land is considered non-urban)
（7）Land ownership certificate
（8）Authorization document ( attach if individual is unable to apply personally)
（9）Other documents of evidence required according to the provisions of the Central Land Administration
3. In addition, for the procedures, information, and documentation involved in the acquisition of land rights by foreign nationals in Taiwan, please visit the global website of the Department of Land Administration at http://www.land.moi.gov.tw and download information on“free download,” “application form,”and “land rights category”
- Can nationals from countries which are not included in the equal reciprocal countries purchase real estate in Taiwan?Collapse1. The approval shall be based on Article 18 of the Land Act which states that “the acquisition of land rights by foreign nationals in the ROC should be, according to the mandates of the law, equal to the rights ROC nationals enjoy in the host country.” In addition, “In applying for acquisition of land rights, the individual must attach documentation from relevant agencies as proof that his country has extended the same rights to ROC nationals.”
2. Nationals from countries which have not been included on the list of “List of Reciprocal Nations for Foreigners Acquiring Land in Taiwan, R.O.C.” of Tai-Nei-Tzu-Ti No. 0960192146 promulgated on December 11, 2007, should attach documents proving reciprocity. This means that there are documents showing that the country has extended the same rights to ROC nationals; it is notarized by the Taiwan embassy, consular office, representative office, and other MOFA accredited agencies.
- What are the objectives of the architecture and building research?CollapseThe objectives of the architecture and building research are essentially : to promote the architectural research and development, to strengthen the standard of building safety and construction technology, as well as to improve the quality of living environment.
- How is the performance of the Architecture and Building Research Institute(ABRI)?CollapseSince 1995, the ABRI has completed a total of 792 research projects and their applications, including fire safety of buildings, seismic disaster prevention of buildings, urban disaster prevention, building automation technology, green building and environmental control technology, and planning building of uses.
- What is the uision of building envivonment for Taiwan?CollapseIn addition to the above five major technology research projects, the ABRI is also committed to the development and promotion of green architecture technology and green building labeling system, in order to create a high-quality living environment and to maintain Taiwan as a sustainable silicon island.
- Procedures for handling carbon monoxide poisoning?Collapse1.Open the windows, and move the victim to a place with adequate ventilation.
2.Keep the victim’s airway open and unobstructed; conduct CPR if necessary.
3.Loosen the victim’s clothing.
4.Observe the victim’s breathing continuously, and send the victim to the hospital immediately
- How electric appliances are used to avoid disastrous events? Collapse1.If that no-fuse breaker is suddenly disconnected and fuses melt to disconnect, as
often happens, ask professional technicians to check and repair them.
2.When not using electrical appliances, turn off at the source of electricity, leaving
then the spot so as safe.
3.If electrical wires unfortunately have a short circuit, cut off the source of
electricity immediately. Before the source of electricity is cut off, do not use water
for extinction, so as not to cause electrical conduction.
4.Do not tie up extension wires or over-long electricity wires (this will probably cause
fire because of storing up heat). Also do not use electricity surpassing the proper
5.Check at any time whether electricity wires have any damage.
6.The plug of the electrical appliance should be tightly plugged in. If it is loose,
high heat and sparks can possibly result.
- What attention should be paid in order to protect ordinary houses from fire?CollapseIn order to create a safe life, prevention is the only way. One should always have an awareness of crisis and also understand knowledge of fire-fighting safety and ways of protecting life and avoiding disaster.
1.When cooking, one should roll up the sleeves and should neither wear wide or loose clothes nor let oneself be distracted.
2.After drinking wine or taking medicine, avoid using the oven and smoking.
3.When smoking, one should use an ashtray which has a large open mouth and a deep container so that it cannot easily fall over.
4.Set up the “stand-alone smoke alarm” in the room.
5.Use the timing control to turn off electrical appliances.
6.Senior or disabled people had better to live in the rooms near the exit for ease of escape.
7.When an electric heater, one should keep it a distance of over 1 meter from combustible material.
- Prevention of Electric Fire – Incandescent LampCollapseIncandescent lamp is common lighting equipment at home, but can easily cause danger when used improperly. It should be used carefully.
1. Do not use incandescent lamp for other purposes except for lighting, for example, drying clothes.
2. Pay attention to things like curtain; avoid danger caused by these things being hung on the lamp because of wind.
3. Surface of the incandescent lamp has high temperature; be careful not to be scalded.
4. Incandescent lamp should be switched off when not in use, to ensure safety.
- In case of a fire, what are the rules that must be noted for fleeing?CollapseDo not panic in case of a fire. Generally speaking, there are three kinds of fleeing situations: firstly, escaping from a disaster; secondly, waiting for rescue; thirdly, no rescue can be expected. The ways for survival are detailed as follows:
1. Escaping from a disaster
(1) Do not use an escalator. Go for the escape stairs according to the emergency direction signs.
(2) Cover the mouth and nose with a wet towel or handkerchief. This may avoid the attack of the smoke. Then flee along the wall.
(3) Take a low crawling posture in strong smoke: There is residual air in space below 30cm from the floor in a fire. Attention should be paid to the convenience and speed of crawling.
(4) Use a transparent plastic bag for survival: Take a 100cm long and 60cm wide plastic bag. Spread it open and fill it with air, cover the whole head with it and flee towards a safe direction.
2. Waiting for rescue indoor
(1) Use escaping equipment, including rope, jack ladder, escape sling, rescue bag, etc.
(2) Use plastic cloth or wet towel, bed sheet, clothes, etc. to stuff edges of the door. Ventilating intakes of the central air conditioning system should also be stuffed to prevent smoke from coming in.
(3) Try every means to tell people outside your location to wait for rescue.
(4) In case you are unfortunately trapped in a room, go to the place near the balcony or window to wait for rescue.
3. When no rescue can be expected Never give up the will of survival even when no rescue can be expected. Stay calm in this case, make use of the articles or the landform or things on the spot. Try your best to escape.
(1) Roll up bed sheet or curtain within the room into a rope shape, and tie up the ends to make an escape rope. Tie one end of the rope to a pillar or fixture within the room, and throw the other end out of the balcony or window. Climb down for escape.
(2) Climb down to a safe floor or the ground using the drainpipe outside the house for escape.
(3) Never jump down from height, because jumping down will cause death or serious injury. Stay in the room quietly and try your best to avoid the attack of the fire or smoke. Wait for the rescue of firemen.
- What precautions should be taken when using a gas heater?CollapseWhen liquefied petroleum or natural gas is not completely burnt, smell-less and color-less carbon monoxide will be produced. The combination of carbon monoxide with red blood cell is much more powerful than the combination of oxygen with red blood cell. Therefore, when overly inhaled, people will unconsciously fall into coma and fail to move. People will die in a few minutes without timely rescue.
Causes of carbon monoxide toxication are mostly improper installation of the gas heater, cooking in poorly ventilated places, burning wood in poorly ventilated room for warming, staying in a closed automobile of prolonged ignition. The following precautions should be taken:
1. Gas and heater must be installed in places with good ventilation.
2. Never burn wood or coal indoor for warming; good ventilation should be ensured.
3. Automobile should not be ignited for long time in poorly ventilated basement or closed garage.
- Items Should Be Noted When Enter and Exit from Public Places CollapseImproper management and insufficient training of employees are main factors of important injuries of the fire happened in public places. However, in addition to the owner's responsibility of keeping the safety of fire fighting, we should observe the following maters while entering public places in order to ensure our safety:
1.The motorcycles placed outside of he business office is very disorderedly or the appearance of motorcycle is odd mean that the people entering and exiting from the place are very complicated with greater opportunity of happening of dispute or arson.
2.Consume at low-floor as could as possible that the better is at first floor.
3.Is the external wall be sealed with advertisement or covered by iron window? Does the interior decoration use a lot of combustible materials?
- Which department should one report to, if any relative or friend fall over the embankment while life or death is an unknown situation?CollapsePlease report to the nearby security or police station. Reported station will then inform the coast guard and patrol for searching and rescuing. If it is urgent, the reported police officer could also take immediate action, for example pack necessary equipment for rescuing mission. If the missing person is found death, the case will be transferred to the criminal department for investigation; the criminal department will also inform the person’s family.
- Can I rent the land which managed by Land Reclamation Office , Construction & Planning Agency, Ministry of Interior ? CollapseNo, because the land which managed by the Office is National Property. Abide by “National Property Act”Article 28:The competent authority or administration authority shall not dispose or make profits from public use property, the land can not be rented.
- What type of charges will be applied to entering port without permit or doing business without application?CollapseThere were 89 (case/ person) charged for entering restricted area without permit from 1999 to October 2002.
Current Penalty: According to the Law of social discipline Vol. 71, a written warning will be given to the first time violation; a fine of or less than $ NT 6,000 will be charged to the second time violation.
Regulations applied for entering Hualien port restricted area without permit :
Port business regulation Vol. 18: One is not allowed to have below activities within the port restricted area:
1. Anchor within areas with under-water cable construction.
3. Oyster cultivation
4. Any activity that will pollute or affect port safety.
5. Port business regulation Vol. 46: Violating Port business regulation Vol. 18 will be charged for a fine of minimum $NT 90,000 and maximum $ NT 900,000.
According to the Law of social discipline Vol. 71, entering a restricted department or office, where a sign of “Do Not Enter” is clearly posted, will be charged for a fine of or less than $ NT 6,000. A written warning will be given to the first time violation; a fine of or less than $ NT 6,000 will be charged to the second time violation.
- Which department is in charge of lost of goods within the port area? CollapseOne could report to any officer on duty and complete a report form; an assigned officer will be investigating related locations and facts followed by jurisdiction, the claimer will also receive a police report. Once the case is solved, it will be transferred to the local court.
- How to apply for a port entering permit? CollapseOne could apply for a temporary, a long-term or a permanent port entering permit through the security department.
- Which division of Yushan National Park Headquarters is responsible for website maintenance?CollapseInformation technology staff of the Division of Planning and Management are responsible for maintaining this website. Information technology staff can be reached by phone at 886-49-2773121 ext.211.
- When will ecotour guides be required to lead groups into ecologically protected areas?CollapseCurrently, this park has not yet implemented regulations requiring a qualified ecotour guide to lead groups into the park’s ecologically protected areas. Ecotour guide training is underway. As soon as a predetermined number of ecotour guides have been fully trained this regulation will come into effect.
- When did Yushan National Park’s website begin development? When was this website completed? What was the cost of developing this website?CollapseThis website began development in May of 1996. It was completed in October of 1996 and officially online on October 22, 1996. The cost of building this website was NT$410,000.
- How can I apply for a Yushan climbing certificate? (Division of Park Recreation and Tourism)Collapse(1) A photo taken at the summit of Yushan (3” x 5” individual or group photo)
(2) Date summit was reached (after April 10, 1985)
(3) Applicant’s Chinese and English names, contact telephone number and mailing address
(4) Processing fee: NT$300/person/copy (including return postage) At the time of application:
1. For those applying by mail: Include a postal money order made out to Employee Cooperative, Yushan National Park Headquarters. Send to: Employee Cooperative, Yushan National Park Headquarters, No. 300, Sec. 1, Jungshan Rd., Shueili Shiang, Nantou, Taiwan 553, R.O.C.
2. For those applying in person: Payment may be made in cash. The certificate will be mailed to the pplicant’s mailing address. The Division of Park Recreation and Tourism can be reached by telephone at 886-49-2773121 ext. 221, 222, 223.
The Employee Cooperative can be reached by phone at 886-49-2773121 ext. 228 or 609.
- How can I apply for a bravery (Yung Shih) certificate?(Division of Park Recreation and Tourism)CollapseBravery (Yung Shih) certificates are issued by the Chiayi Forestry Management Office.For questions about how to apply for this certificate, please contact the Chiayi Forestry Management Office directly.
- When is the recruitment period for docents? (Division of Interpretation)CollapseDocent recruitment is carried out every year in July. For detailed information, please go to the park’s website in June and click on ‘Hot.’ The Division of Interpretation can be contacted by phone at 886-49-2773121 ext. 241~249.
- What are Sewers？CollapseSewers transport wastewater from buildings to treatment facilities. Sewers are pipelines that connect buildings to horizontal 'mains'. The sewer mains often connect to larger mains, and then to the wastewater treatment site. Vertical pipes, called manholes, connect the mains to the surface. Sewers are generally gravity powered, though pumps may be used if necessary.
- .How can I get a job at Yushan National Park Headquarters? (Personnel Office)CollapseYushan National Park is a government unit. Thus, all persons wishing to work atYushan National Park must have the qualifications of a civil servant.
1. First, it is necessary to pass the general civil service exam and related tests for the area in which you wish to apply.
2. Job openings and application deadlines are posted on websites and in publications of this park’s headquarters, Ministry of Personnel under the Executive Yuan and Ministry of Personnel under the Examination Yuan, etc.
3. The Personnel Office of Yushan National Park Headquarters can be reached by phone at 886-49-2348286, 2348287.
- How can I obtain a Yushan National Park travel guide?CollapseSend a letter and return self-addressed stamped envelope (with NT$7 return postage). In the letter, please specify the type of information needed. Send to: Division of Park Recreation and Tourism, Yushan National Park Headquarters, 300, Sec. 1, Chung Shan Rd., Shuili Hsiang,Nantou County 553, Taiwan. The Division of Park Recreation and Tourism can be contacted by phone at 886-49-2773121 ext. 221, 222, 223
- What kinds of aid can after-care associations provide for ex-cons and how to contact these associations?CollapseThe after-care associations under the MOJ’s guidance can provide ex-cons with the following assistances:
1. Direct care: They provide care through education, influence, and skill training. They also seek social welfare and medical institutions to settle the old, ill and disabled ex-cons.
2. Indirect care: They help ex-cons get employment and schooling or assist them in other appropriate ways.
3. Temporary care: They finance the return of ex-cons to their former domiciles or provide them with small loans or help them in other appropriate ways.
The contacts of the after-care associations are as follows:
The Taiwan After-Care Association Incorporated: Telephone: 02-27371232，27371233 Fax: 02-27370543
The Fujian After-care Association: Telephone: 082-321687 Fax: 082-324794
- How does the private sector participate in monitoring and preventing delinquencies?CollapseCurrently, the work of monitoring and preventing delinquency is divided into that for juveniles and that for adults. The work of monitoring and preventing juvenile delinquency is the charge of juvenile delinquency investigation officers and the juvenile detention houses. The work for adults falls on the shoulders of the monitoring and preventing officers of various district prosecutors’ offices. For adults, the tasks include:
1. Carrying out the program of delayed prosecution in the community.
2. Executing the protection and restraining measures.
3. Handling other judicial protection and prevention affairs.
All individuals who are interested in this work and can meet the following conditions are welcome to go to the district prosecutors’ offices to enroll as volunteers:
1. Over 20 years of age
2. Having a good character and reputation
3. Enthusiastic over monitoring and preventing delinquencies
4. Having a stable life and enough spare time
5. Having good health and the ability to render service
6. Passing the basic, special, and practical trainings
7. Capable of writing reports
The following civic bodies that can meet the following conditions are welcome to enroll and join the delinquency monitoring and preventing ranks:
Accredited public welfare organizations that have full-time staff for handling social welfare, educational, psychological counseling, religious, and charity affair
The volunteer civic bodies that are intended to help execute delinquency monitoring and preventing cases shall also meet the conditions required of individual volunteers as listed before.
For further information, please go to the MOJ’s website to download the “Key Points for Recruiting Delinquency Monitoring and Preventing Volunteers by Prosecutorial Offices.”
- How can the private sector participate in crime-preventing activities?CollapseChildren and youngsters are the future masters of the nation and also the hope of our time. One more effort of prevention will reduce one case of crime. Prevention is the best policy of crime prevention. The following are our approaches:
1. Entrench the rule of law in schools: Lining up the schools, parents, and community to push the rule of law in school education to let the rule of law take root in the minds of students
2. Give lectures in the community: Promoting laws in all communities to let citizens know the law and abide by the law and to make the rule of law into a habit and the norm of life
3. Render legal-counseling service: Providing the people with legal-counseling services through convenient channels
4. Give care and concern to youngsters: Combining the resources of the public and private sectors to conduct various activities on the prevention of drugs and piracy and on the way of self-protection
Let’s all play a part:
1. Let specialists contribute their expertise: Inviting those with legal and educational training to join in school legal education and to provide legal counseling service to the people
2. Let all capable people contribute their time and ability: Inviting all people who have spare time and enthusiasm for the prevention of crime to join in school education on the rule of law and in vacation crime-preventing activities
3. Let all wealthy people contribute their money: Inviting wealthy individuals and organizations to finance legal-education and crime-prevention activities
4. Let all owners of media play their role: Welcoming print media, broadcasting stations, electronic channels, networks, and outdoor media and marketing units to participate in and plan various activities
5. Let all those who have ideas contribute their thoughts: Advising all those who have ideas on crime prevention to take note of our information on holding activities, use our services, and disseminate correct information to their friends
The way to contact us:
1. All nationwide activities are to be promoted by this ministry. Please call the Department of Protection at 02-23146871 or 02-23832704
2. Local services are rendered by district prosecutors’ offices in conjunction with the district’s religious, public welfare, and charity organizations. Please contact the document and transcription section of the prosecutors’ office.
- How should the people read the asset declaration made by a public servant?Collapse1. To read the asset report filed by a public servant, the reader must observe the following related provisions:
a. Provisions of Article 13 of the Regulations for Screening and Reading Asset-declaration Reports Filed by Public Servants: The reader shall fill out an application form and apply to the declaration-taking organization and shall also meet the following conditions:
(1) The applicant is an ROC citizen aged 20 or above.
(2) The applicant shall present his or her ID and sign on the application that bears (a) her or his name, residence and ID number, (b) the purpose of reading, and (c) a pledge that the information will not be used for making profit, credit-checking, raising money or other inappropriate purposes.
b. Provisions of Article 16 of the same regulations: The asset report must be read in the organization that accepted the report and only reading is allowed. Besides, the reader shall abide by the following provisions: (1) the material shall not be taken out of the organization; (2) now transcribing, photographing or photo-copying is permitted; (3) no adding, altering, changing, extracting, marking, or damaging is allowed; (4) the bound volume shall not be unbound; and (5) no behavior that affects the completion of the material and the order of the scene is tolerated. If the reader violates any of the foregoing provisions, he or she is culpable for criminal punishment and will be referred to the competent district prosecutors’ office for action.
c. The same applicant is allowed to read the report of the same public servant only once in a year.
d. One applicant is allowed to read only one report.
2. The organizations that may take the applications (the organizations defined in Article 4 of the Public Servants Asset Declaration Act) are as follows:
a. The Control Yuan: The public servants required to declare their assets are the president; the vice president; the presidents and vice presidents of the Executive Yuan (premier and vice premier), Legislative Yuan, Judicial Yuan, Examination Yuan, and the Control Yuan; political appointees; paid presidential advisors; national policy advisors; and strategic advisors; elected government heads above the township level; and elected people’s representatives on and above the county and city level. (This is provided in Items 1 to 4 and Items 8 and 9, Paragraph 1, of Article 2 of the Act.)
b. The government ethics unit of the applicant’s organization: The officials required to declare their assets are those holding the 10th and higher grade and agency heads holding the comparable rank, principals of public schools at all levels, leaders of military organizations holding the rank of major general and above, heads of public enterprises and their departmental heads holding the comparable rank of the 10th grade and above, lawyers, prosecutors, police officers, judicial investigators, tax officials, Customs officers, land officials, budget controllers, public works officials, urban planners, stock and security officials, and government procurement officials of government agencies on and above the county and city level (provided in Items 5 to 7 and in Items 10 and 11, Paragraph 1, of Article 2 of the Act). In an organization where there is no government ethics unit, the declaration shall be made to the government ethics unit in the higher agency or a designated organization.
c. Various electoral commissions: Those required of filing the reports shall be the candidates of elections.
- Why the information on administrative rules cannot be found in the Law and Regulation Index in the National Legal Databank?CollapseThe National Legal Databank is divided into the concentrated sector (central laws, pacts, and Grand Justices’ interpretations) and the dispersed sector. To facilitate reference, a section for latest information was added to the homepage. You may enter this section to find the latest and the newly changed administrative rules reported by various organizations. You may also access the legal databank or bulletin board to find related information.
- Which government agency has sorted the legal interpretations made by various ministries and commissions?CollapseOn the net, this ministry has provided two databanks for inquiring about the interpretations on laws and regulations: the national legal databank (http://law.moj.gov.tw/eng/) and the MOJ legal databank (http://law.moj.gov.tw/eng/). Following are some explanations:
The national legal databank publishes the latest administrative interpretations made by all competent agencies of the nation which are universally applicable.
The MOJ legal databank collects the administrative interpretations made by MOJ on its operations and related business.
You are welcome to use these two channels.
The Minister’s letterbox
- What are the definition and legal guidelines of Farmland Readjustment Act？Collapse“Farmland Readjustment” is the process whereby economically inefficient farm land from a certain area is consolidated together, and re-divided into standard plots of land. Plus, through the redistribution of farmland, farmers are able to exchange their scattered land holdings into single consolidated lots, allowing for improved administration and farm mechanization. Currently, all readjustment is undertaken in accordance with “Farmland Readjustment Act” as well as relevant regulations.
- What are the costs of farm landowners while executing rural community land readjustment works.CollapseThe land, except land used for construction before readjustment, should encumber more than 40 percent of encumbrance in the readjustment area. The costs on the construction works are shared at the proportion formulated by the government (for 90 percent) and the landowners (for 10 percent).
- How do if landowners want to execute rural community land readjustment themselves？CollapseThe landowners shall organize the Readjustment Commission independently to transact Rural Community Land Readjustment for improving land use and broaden arrangements of Rural Community Land Readjustment. The Readjustment Commission should get the agreement of more than one half of landowners who hold more than one half of lands in the readjustment area, and get the approval from the metropolitan or the county / city competent authority to transact readjustment.
- What is urban planning monument means?CollapseAfter urban planning has published, the urban planning monument should be piling in one year. The urban planning monument includes road central monument、public facility monument and zoning monument.
- What’s the procedure of pleading on urban planning monument doubts?CollapseUrban planning monument resurvey should be apply for the of urban planning monument administrant apparatus.
- What is the difference between the new statutory system of separate property for spouse (the new system) and the old system of joint property (old system)?Collapse1. Categorization:
New system: The property is categorized into pre-marital property and post-marital property.
Old system: The property is categorized into original property, special property, and joint property.
New system: Separately owned
Old system: Respectively owned
3. Management right:
New system: Separately managed
Old system: Jointly managed. In principle, it is managed by the husband but it may also be managed by the wife upon agreement. Special property shall be managed separately.
4. Burden of management expense:
New system: Burdened separately
Old system: For joint property, the expense shall be borne by the side with the right to manage it. For special property, it shall be borne separately.
5. Use and profit:
New system: to use and enjoy the profit separately.
Old system: The side that has the management right shall have the right to use the original property and enjoy its profit.
6. Disposal right
New system: Separately disposing their property
Old system: The side that has the right to dispose the original property can do so only under agreement from the other side. But the side having the management right can unilaterally dispose the property if the disposal is required in management.
7. Settlement of debts
New system: Both sides are responsible for settling debts.
Old system: Attribution of responsibility is based on the category of property, more complicated in nature.
8. Security measures:
New system: One party of the marital relations may ask the court for interdictum fraudatorium against the allocation of the other party’s surplus property.
Old system: none
9. Right to claim surplus property
a. When the statutory relations of property relations extinguishes, the post-marital property of the wife or husband, after deducting the debt, shall be divided equally.
b. Property not included in the allocation: The property or cash inherited or obtained gratuitously.
c. In the five years before the extinction of statutory property relations, the amount of property maliciously disposed of by a husband or wife shall be added to the calculation.
d. A husband or wife that deserves the allocation may demand a specific third party to return the insufficient portion.
a. When the relations of joint property extinguishes, the original property obtained during the marriage shall be divided equally after deducting the debts.
b. Property not included in the allocation: Property inherited or obtained gratuitously
10. Burden of family expenses
New system: Unless otherwise provided for in the law or agreement, family expenses should be divided between husband and wife according to economic ability, housekeeping labor or other factors.
Old system: When the husband cannot afford to pay, the wife shall be responsible with her whole property.
11. Funds for free proposal:
New system: Besides the living expenses of the family, the husband and wife may decide through agreement to set aside a certain amount for free disposal by the husband or the wife.
Old system: None
- How to address the problem for the protection of one’s rights if his or her personal data is illegally gathered or used?CollapseAccording to Item 7, Article 3, of the Computer Processing Personal Data Protection Act (hereinafter referred to as the Act), the term of non-public agencies shall refer to the following enterprises, organizations and individuals, not including those mentioned in said Item: (1) credit-checking businesses and organizations and individuals mainly engaged in collecting or computer-processing personal data; (2) hospitals, schools, telecoms enterprises, financial institutions, security enterprises, insurance businesses, and mass-communication establishments; (3) enterprises, organizations and individuals specified by the Ministry of Justice in conjunction with the competent agencies of the central government (currently, they are futures businesses, national industrial insurance associations, life insurance associations, and Taiwan Ex-con After-care Associations). Accordingly, the Act is not applicable to private businesses, organizations and individuals not covered by above-mentioned provisions unless it is mentioned in advance in the agreement. Besides, Articles 7 and 18 of the Act have prescribed that public service organizations and non-public service organizations must meet certain conditions before they are allowed to collect and computer-process personal data. The collected personal data must be used in keeping with the provisions of Articles 8 and 23 of the Act. Articles 27 to 30 provide that a victim may claim civil compensations for violating the foregoing provisions on the collection and use of personal data, irrespective whether the violator is a public-affairs organization or a non-public-affairs organization. The victim may also pursue the criminal responsibilities of the violator in keeping with the provisions of Articles 33 to 35 of the Act. If the violator is a non-public-affairs organization, the competent government agency may fine the responsible person in accordance with the provisions of Articles 38 to 40 of the Act. In a serious case, it may revoke the license or registration given to the organization under the Act.
- How is administrative procedure related to people’s rights and interests?CollapseArticle 1 of the Administrative Procedure Act (hereinafter referred to as the Act) provides: “The act is written to ensure the administration is done in keeping with fairness, openness, and democracy and in accordance with the law so as to protect people’s rights and interests, enhance administrative efficiency, and increase people’s confidence in administration.” This article exemplifies the functions as well the legislative purpose of the Act. The following is a brief introduction：
1.Carry out administration according to law: Administration according to law is the primary principle of the Administrative Act. A government employee who violates this principle shall be held for civil, criminal and administrative responsibilities and the government agency in question shall be responsible for national compensations.
2.Ensure propriety of administrative action: An administrative action has the effect of establishing or creating personal rights and duties and this, in turn, shall be done in keeping with established procedure to ensure correct establishment of fact and the application of law.
3.Provide people with the opportunity of participation: The release of an administrative decree and the taking of an administrative action are common practice of an administrative agency. These are closely related to people’s rights and interests. In nature, they are unilateral behavior of the administrative agency. In a modern nation, when a government agency makes a policy concerning people’s rights and interests, it should provide the people with an opportunity of participation; otherwise, it is inconsistent with democracy. This is especially true if the action is resulted from an application filed by the concerned party in accordance with the law (see the proviso of Article 34 of the Act). When the concerned party makes an application to an administrative agency in accordance with law, it may do so orally or in writing unless otherwise specified in the law or regulations (see the upper half of Article 35 of the Act). In the administrative procedure, the concerned party may present evidence and may also demand the administrative agency to investigate the fact or to examine the evidence (provisions of Article 37 of the Act). When an administrative agency makes a decision to restrict or to deprive people’s freedom or their rights and interests, it shall first inform, in accordance with the provisions of Article 37 of the Act, the concerned party to present his or her opinion. Unless a public hearing is to be held, the concerned party shall be given the opportunity for presenting opinions (Article 102 of the Act).
4.Reduce administrative controversies and litigations: Article 109 of the Act says that for an administrative decision made through a public hearing, if the concerned party disagrees, he or she may file a litigation of annulment without the need of going through the procedure of appeal. If the party appeals to the decision-making agency for nullifying the administrative act and if it is turned down, he or she may also do it without going through the appeal procedure.
5.Protect people’s rights and interests: Under democracy and the rule of law, all institutions are established with the protection of people’s rights and interests as the ultimate objective, and this is an indispensable function of any institution, including administrative procedure. In addition to the foregoing four items, the Act has many other provisions such as the right to read the file, to apply a government employee for removing himself from the case, to claim the fact or to declare the evidence. All these provisions are, without exception, intended to protect an individual’s rights and interests.
- How to accuse a crime if it is found?CollapseAns.: Article 240 of the Code of Criminal Procedure provides; “Anyone who knows of a suspect crime may make an accusation.” Article 241 says: “A government employee who knows of a suspect crime during the execution of duty shall make an accusation.” The accusation may be done in accordance with Article 242, which says: “An exposition or accusation shall be done to a public prosecutor or the judicial police in writing or orally, and if it is made orally, an affidavit shall be made. To facilitate the exposition and accusation, an accusation bell shall be installed.”
- How to make an accusation if one’s own rights or interests are infringed?CollapseThe accuser may present the evidence and make the accusation, orally or in writing, to the prosecutor or the judicial police in keeping with Article 242 of the Code of Criminal Procedure. In case that it is a crime that shall be dealt with only after accusation, the accuser must take note of the limitation of statute.
- How to address the problem if one disagrees with a case of delayed prosecution or non-prosecution?Collapse1. Non-prosecution: When the accuser receives the notice on non-prosecution or delayed prosecution, he or she may present, in writing, the reasons for disagreement to the original prosecutor within seven days in keeping with the provisions of Article 256 of the Code of Criminal Procedure. The prosecutor may, in turn, directly apply the prosecutor general of the higher prosecutors’ office or the State Prosecutor General for re-deliberation. But, no application for re-deliberation is allowed if the decision was made by the prosecutor within the power of position in accordance with Article 253 or if the prosecutor has informed, in keeping with Article 253-1, the accuser of the non=prosecution and has got his or her agreement. Besides, in a case that carries a minimum penalty of more than three years in prison, if the prosecutor makes a non-prosecution because of insufficient evidence or if the prosecutor decides to delay the prosecution in keeping with the provisions of Article 253-1, the prosecutor shall, in keeping with the power of his or her position, directly appeal to the prosecutor general of the higher prosecutors’ office or the State Prosecutor General for re-deliberation as long as there is nobody qualified to make such an appeal. In this case, the prosecutor shall notify the accuser to the effect.
2. If the accuser disagrees with a case rebutted by the prosecutor general of a higher prosecutors’ office, he or she may retain a lawyer to present within ten days the reasons to the first-instance court and apply for retrial.
3. In a case of disagreement to non-prosecution, the accuser may argue during the trial and ask the first-instance court to make a judgment.
- How to apply for transferring imprisonment of a convict for the convenience of visit by dependents?Collapse1. Prison inmates:
a. If a convict has the conditions of Item 1 or 2 below and meets the provisions of Items 1 to 9, he or she may submit evidence and file an application to the executing prison.
(1) A grand parent, parent, or spouse is suffering from a critical disease or critical injury who has a certificate issued by the Bureau of National Health Insurance or a disability ID issued by the government.
(2). His or her parent or spouse is over 65 or his or her child is under 12 years of age.
(3) The convict has been imprisoned for more than three months or a year has passed since he or she was referred to the prison after investigation or transferred from another prison.
(4) The new prison applied for must be in the same location as the residence of the spouse or other relatives listed in Items 1 and 2.
(5) The convict has not violated the rules in the recent year.
(6) The remainder imprisonment exceeds four months.
(7) The added penalty has not progressed to Class 1.
(8) The convict does not have the condition of Item 1 of Article 11 of the Prison Execution Act.
(9) He or she is not pending investigation, trial or imprisonment for an offense committed in the locality of the current prison.
After preliminary screening and finding that the case is consistent with the foregoing stipulations, the executing organization shall report the case to the Ministry of Justice for approval.
b. When the MOJ receives a transfer report submitted by a prison and finds in preliminary screening that the case is consistent with the provisions of the following items, it will approve the transfer of imprisonment:
(1) The case is consistent with the stipulations of the “List of MOJ-set Standard for Accommodating Prisoners by Prisons.”
(2) The prison applied for transfer of imprisonment is not yet seriously over-crowded.
c. The executing prison shall complete the transfer of imprisonment in a month after receiving the MOJ’s letter of approval.
2. Rehab inmates:
a. If a rehab person has any condition of Items 1 and 2 below and can meet the stipulations of Items 3 to 8, he or she may submit the evidence and apply to the rehab institution for a transfer:
(1) A grand parent, parent, or spouse is suffering from a critical disease or critical injury who has a certificate issued by the Bureau of National Health Insurance or a disability ID issued by the government.
(2). His or her parent or spouse is over 65 or his or her child is under 12 years of age.
(3) He or she has completed the induction investigation.
(4) The rehab program has not reached the state of social adaptation.
(5) The rehab institution is located in or near the district of the residence of the inmate’s dependents.
(6) The inmate has no record of rule violation.
(7) The inmate has no serious, rooted or psycho disease.
(8) He or she has no case pending investigation, trial, or execution.
After preliminary screening and finding the case is consistent with the foregoing stipulations, the executing organization shall report the case to the Ministry of Justice for approval.
b. When the MOJ receives a transfer report submitted by a rehab institution and finds the case is consistent with the provisions of the following items, it will approve the transfer:
(1) The case is consistent with the stipulations of the “List of MOJ-set Standard for Accommodating Rehab Inmates by Rehab Institutions.”
(2) The institution applied for transfer of rehab location is not yet seriously over-crowded.
c. When the executing rehab institution receives the MOJ letter of approval, it shall complete the transfer within two weeks so long as it will not affect the follow-up rehab program and evaluation.
- Why does it take more time to process a parole case and why is a parole case rejected even if it meets the provisions of Article 77 of the Criminal Code?Collapse1. A parole case must go through the process of submission, deliberation and approval. Besides, there are a lot of such cases in a month. To protect the rights and interests of the convict, a parole case takes more time than an ordinary case to process and, therefore, it leads to misunderstanding. The MOJ knows that the dependents are eager to have a reunion with the convicts, so we are trying hard to improve the process by increasing the efficiency so that a convict can return to society as early as and as smoothly as possible.
2. Although Paragraph 1, Article 77, of the Criminal Code provides that if there is evidence of repentance during the execution of imprisonment, a parole may be granted upon application by the prison authority to the highest judicial administrative authority after a convict has served more than 15 years of life imprisonment, 20 years for a repeated offence, and a half for a fixed-term imprisonment, and two-thirds of the sentence for a repeated offence, this shall not apply to fixed-term imprisonment that has been served for less than six months. Nevertheless, the foregoing provisions are just the mandatory conditions for a parole and they do not mean that a convict shall be paroled if he or she has served 15 years for a life sentence, one half or two-thirds for a fixed-term sentence. The times of offence, the situation of the offence, the impairment to society of the offence and the repentance of the convict during imprisonment must also be carefully evaluated before a parole is granted so as to ensure social justice and the merit of a parole.