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Laws and Regulations

THE LOCAL GOVERNMENT ACT (LAST AMENDMENT: JANUARY 29, 2014)

  • 更新時間:2015/01/07 18:48:18

Council of Indigenous Peoples, January 29, 2014

Chapter I
Preliminary Provisions
Chapter II
Provincial Government and Provincial Consultative Council
Chapter III
Local Self-Government
Chapter III-1
Local Self-Governing Bodies, Rights and Duties of Their Constituents
Chapter III-2
Self-Governing Powers, Duties and Functions
Chapter III-3
Local Self-Government Acts, Bylaws and/or Regulations
Article 30
Where there is an inconsistency between any given “Local Self-Government Act” and the Constitution, Laws, Acts, and/or other enactments in accordance with other Local Self-Government Acts governing other self-governing bodies or superior self-governing bodies, the said “Local Self-Government Act” shall be of no effect to the extent of the inconsistency.
Where there is an inconsistency between any given “Local Self-Government Bylaw and/or Regulation” and the Constitution, Laws, Acts, and/or other enactments in accordance with other Local Self-Government Bylaws and/or Regulations governing other self-governing bodies or superior self-governing bodies, the said “Local Self-Government Bylaw and/or Regulation” shall be of no effect to the extent of the inconsistency.
Where there is an inconsistency between the “Commissioning guidelines, requirements, and regulations” and the Constitution, Laws, Acts, and/or other enactments in accordance with rules, regulations, or executive orders promulgated by the Central Government, the said “Commissioning guidelines, requirements, and regulations” shall be of no effect to the extent of the inconsistency.
Where there is an inconsistency under the circumstances specified in Paragraphs (1) and (2), the Executive Yuan, the Central Competent Authorities concerned, and the County Government, respectively, shall notify in writing the local self-governing bodies concerned, advising that the Local Self-Government Acts and/or Bylaws / Regulations under consideration are of no effect. Where there is an inconsistency under the circumstance specified in Paragraph (3), the Commissioning Agencies concerned shall notify in writing the entities concerned, advising that the Commissioning guidelines, requirements, and regulations under consideration are of no effect.
In the event that a doubt arises as to whether or not the Local Self-Government Acts and/or Bylaws / Regulations under consideration are inconsistent with the Constitution, and/or other enactments in accordance with regulations governing other self-governing bodies or superior self-governing bodies, a motion for interpretation by the Judicial Yuan may be filed.
Chapter III-4
Organization and Structure of Local Governments
Chapter III-4.1
Local Legislative Bodies
Chapter III-4.2
Local Administrative Bodies
Article 57
The Free Area of the Republic of China elects on local level Township Chiefs for Rural Township and Urban Township Offices, as well as City Mayors for City Offices at the County level, who shall serve a term in office of Four (4) years, which is renewable after re-election, for the purpose of assuming responsibilities of administering public affairs on behalf of their respective electoral Rural Township, Urban Township City, and City at the County level. Any City at the County level with a population of not fewer than Three Hundred Thousand (300,000) shall be entitled to appointing, as well as dismissing, a Vice Mayor, as confidential staff, to assist the City Mayor in administering public affairs on behalf of their City at the County level. The said Vice Mayor employed as confidential staff shall voluntarily resign or be dismissed, as level-10 public service officers in accordance with the Civil Service Employment Act, on the date of expiry of the said Mayor’s term in office or upon the death of the same.
All Township Chiefs for Indigenous Rural Township and/or Indigenous Urban Township, as well as City Mayors for Indigenous City at the County level shall be Indigenous Persons with legal Indigenous status.
With respect to civil service officers at Rural Township Offices, Urban Township Offices, and City Offices at the County level, all level-1 unit heads shall be appointed and dismissed, in accordance with applicable laws and regulations, directly by their respective Chiefs for Rural Township Offices, Urban Township Offices, and City Mayors for City Offices at the County level, with the exception of the Head of the Departments of Budget, Accounting, and Statistics, the Head of Department of Human Resources and Personnel, and the Head of Public Officer Ethics Department, who shall be appointed and dismissed in accordance with specific Acts and Regulations on civil service personnel administration.
All elected Township Chiefs for Rural Township and Urban Township Offices, as well as City Mayors for City Offices at the County level, elected in accordance with the provision contained in Paragraph (1), shall take the Oath of Office on the expiry date of previous term in office served by their respective predecessors.
Chapter III-5
Financial Administration of Local Governments
Chapter IV
Relationship between Central and Local Governments
Chapter IV-1
Mountain Indigenous Districts under the Jurisdiction of Special Municipalities
Article 83-2
Districts converted from Mountain Indigenous Rural Townships under the jurisdiction of Special Municipalities shall be referred to as Mountain Indigenous Districts of Special Municipalities (hereinafter referred to as Mountain Indigenous Districts). Mountain Indigenous Districts are local self-governing bodies, and, as such, shall establish their respective District Councils and District Offices, serving as the legislative and administrative bodies, respectively, to perform legislative and administrative functions on behalf of their respective Mountain Indigenous Districts. The said District Councils and District Offices shall fulfill their legislative and administrative functions by dealing with self-government affairs in accordance with this Act, as well as accomplish such missions as may be commissioned by their superior government agencies.
Unless otherwise provided for by law, in respect of matters relating to Rural Township Offices, Urban Township Offices, and City Offices at the County level, applicable provisions prescribed under this Act shall apply mutatis mutandis to matters relating to self-government within Mountain Indigenous Districts.
With regard to the relation between Special Municipalities and Mountain Indigenous Districts, relevant provisions prescribed under this Act on the relation between Counties and Rural Townships, Urban Townships, and Cities at the County level shall likewise apply mutatis mutandis.
Article 83-3
Self-Governing Powers, Duties and Functions of Mountain Indigenous Districts are as follows:
1. Matters relating to Organization, Administration, and General Management:
(1) Election and recall of public service officers within Mountain Indigenous Districts.
(2) Establishment and management of Organizations within Mountain Indigenous Districts.
(3) Press administration within Mountain Indigenous Districts.
2. Matters relating to Financial Administration:
(1) Management of revenues, operating budget, and expenditure of money within Mountain Indigenous Districts.
(2) Management and disposition of properties within Mountain Indigenous Districts.
3. Matters relating to Social Services:
(1) Distribution of social welfare benefits within Mountain Indigenous Districts.
(2) Advancement of charitable choice initiatives and social assistance within Mountain Indigenous Districts.
(3) Establishment and management of cemeteries and burial facilities within Mountain Indigenous Districts.
(4) Arbitration and disputes resolution within Mountain Indigenous Districts.
4. Matters relating to Education, Cultures, and Sports:
(1) Establishment and management of Adult and Continuing Education in within Mountain Indigenous Districts.
(2) Promotion of cultural activities within Mountain Indigenous Districts.
(3) Supervision of sports activities within Mountain Indigenous Districts.
(4) Assistance in sacred cultural works, traditional religious ceremonies, practices, rituals, and related documentation, and so on, within Mountain Indigenous Districts.
(5) Establishment, operations, and management of Adult and Continuing Education, Physical Education, and Cultural Institutions, and so on, within Mountain Indigenous Districts.
5. Matters relating to Environmental Sanitation and Public Health, such as, but not limited to,
Safe disposal of solid wastes, hygienic handling of hazardous wastes, and sound garbage removal system, and so on, within Mountain Indigenous Districts.
6. Matters relating to Construction, Transportation, and Tourism Infrastructures:
(1) Road construction and administration within Mountain Indigenous Districts.
(2) Construction and administration of parks, environmentally friendly grassland, greenways, green landscapes, and eco-conservation areas within Mountain Indigenous Districts.
(3) Consolidation of Traffic Safety and Transportation planning, operations, and administration within Mountain Indigenous Districts.
(4) Advancement of the Tourism Industry within Mountain Indigenous Districts.
7. Matters relating to Public Safety and Homeland Security:
(1) Planning and implementation of Disaster Prevention, Response, Relief, Rescue System, and Emergency Operations, and so on, within Mountain Indigenous Districts.
(2) Implementation of Civil Defense within Mountain Indigenous Districts.
8. Matters relating to operations and management of public enterprises:
(1) Supervision of State-owned enterprises (SOEs), Government-owned and/or Government-run enterprises within Mountain Indigenous Districts.
(2) Supervision of public productive enterprises and public constructive enterprises within Mountain Indigenous Districts.
(3) Oversight of public enterprises jointly operated by and collaborated with other local self-governing bodies.
9. Other matters such as may be prescribed by applicable laws and regulations.
Article 83-4
Where a Mountain Indigenous District is created in a Special Municipality by reason of a change in status of a Mountain Indigenous Township, the said change in status shall be effective on the expiry date of the term in office held by the current Mayor of the Special Municipality; as such, the areas covering the said Mountain Indigenous Township prior to the change in status shall accordingly become the administrative districts of the resulting Mountain Indigenous District. With respect to the election of their respective first batch of councilors and chief administrator, the electoral districts shall be the corresponding administrative districts in the said Mountain Indigenous Township of the resulting Mountain Indigenous District prior to the change in status. Said election shall be successfully completed within a period of Ten (10) days prior to the said change in status; as such, in respect of Taking the Oath of Office, the provision concerning Public Announcement of Electoral Districts, contained in Paragraph (3) under Article (87-1) as well as the provision concerning Taking the Oath of Office on the date of the change in status, contained in Paragraph (4) under of Article (87-1) shall hereby apply mutatis mutandis.
Article 83-5
In respect of any given newly created Mountain Indigenous District, prior to the formulation and/or promulgation of the Mountain Indigenous Districts Self Government Act, the existing self-government laws and regulations applicable to existing self-governing bodies under the jurisdiction of Special Municipalities shall apply mutatis mutandis.
Where a Mountain Indigenous Township is directly elevated to a Mountain Indigenous District and where it is necessary to continue to apply the previous self-government laws and regulations, the said self-government laws and regulations may be applicable for a period of Two (2) years from the date of Public Announcement by the Mountain Indigenous District Office.
Article 83-6
With respect to rights and obligations pertaining to the personnel of the relevant Indigenous district agencies and/or institutions and their assets and properties within any given newly created Mountain Indigenous District, the Special Municipality shall formulate and promulgate self-government laws and regulations, so as to respond to the transitional situations where necessary transfers and adjustments occur. However, where any given newly created Mountain Indigenous District is formed due to a change in status of a Mountain Indigenous Township, the personnel, assets, properties and their related rights and obligations within the former Mountain Indigenous Township shall remain unaltered and undisturbed.
With respect to the allocation and adjustment of revenues and expenditures within any given Mountain Indigenous District, the date shall be determined by the Executive Yuan in consultation with the municipal government of the Special Municipality. As such, prior to the said adjustment, budget implementation of the relevant agencies and/or institutions shall continue in such a manner that it is based on the budget forward estimates previously formulated by the Special Municipality.
The comprehensive budget forward estimates envisaged for any given newly created Mountain Indigenous District during the first year after its change in status shall be submitted by the Indigenous District Office to the District Council prior to January 31st of the current calendar year. As such, the District Council shall complete its budget review within a period of One (1) month following receipt of the said comprehensive budget forward estimates. The District Office shall, within Fifteen (15) days following the completion of the budget review, publicly announce the content of said comprehensive budget forward estimates. In the event that, at the beginning of the fiscal year, the District Office fails to submit the comprehensive budget forward estimates, or the comprehensive budget forward estimates submitted are not approved by the District Office, in either case, the provision contained in Paragraph (2) under Article (40-1) shall apply mutatis mutandis to the said budget implementation process.
Where the former public service officers transferred in accordance with the provision contained in Paragraph (1) under this article are current civil servants who have either passed the different civil service examinations or are transferred in accordance with the Act Governing Placements of Professionals and Technologists as Civil Servants, the provisions contained in Paragraphs (6) through Paragraph (9) under Article (87-3) shall apply mutatis mutandis to the said transfer process.
Where the former public service officers transferred in accordance with Paragraph (1) under this Article are persons who have passed the civil servant examinations and are still undertaking in-service vocational training, said transfer shall be construed as a transfer to other government agencies for the continuation of their in-service vocational training. The prescribed restrictions on the said transfer shall be relaxed in such a manner that said transfer is similar to the above-mentioned transfer described in the preceding paragraph.
Article 83-7
In order to maintain adequate financial resources for sustainable self-government purposes within any given Mountain Indigenous District, the concerned Special Municipality shall formulate budget forward estimates with a view to providing financial assistance to its corresponding Mountain Indigenous District, while taking into account the following factors:
1. Such matters relating self-government within any given Mountain Indigenous District as are prescribed under Article (83-3);
2. Average tax income for the Mountain Indigenous Townships under consideration over the immediately previous Three (3) years prior to its change in status;
3. Other relevant factors that might shape the financial situation within the Mountain Indigenous District under consideration.
The specific items of financial assistance to the concerned Mountain Indigenous District, as well as its related procedures, methods, and other relevant matters shall be determined by the concerned Special Municipality in consultation with the Mountain Indigenous District concerned.
Article 83-8
The provisions contained in Article (58) and Article (58-1) under this Act shall not apply to Mountain Indigenous Districts.
Chapter V
Supplementary Provisions