人民團體法

The organization and activities of civil associations shall be implemented in accordance with the provisions of this Act; where there are special provisions in other laws, such provisions shall apply.

(Deleted)

Competent authorities as called in this Act, at the central and provincial level, refer to the Ministry of the Interior; at the municipal level, refer to municipal governments; and at the county (city) level, refer to county (city) governments. However, the target businesses of civil associations shall be directed and supervised by the target business competent authorities.

1Civil associations are divided into the following three categories:

21. Occupational association.

32. Social association.

43. Political association.

1The organizational area of a civil association shall refer to the corresponding administrative region and subordinate organizations may be established.

2Establishment of a subordinate organization as referred to in the above paragraph shall be registered with the local competent authority in accordance with the provisions of this Act.

The site of a civil association shall be located where the competent authority is located. However, with the approval of the competent authority, it may be located in another place, and branches may be established.

1Two or more civil associations of the same level and the same category may be organized within the same organization area unless otherwise limited by law. However, the name of an association shall not conform to any of the following:

21. Be the same as an approved established association.

32. Be prone to providing the public with misleading impressions as being related to a government agency (institution), foundations that receive donations from the government, or a for-profit association.

43. Involves discriminatory or hateful words.

1To organize a civil association, the initiators shall submit an application form, a draft of the articles of association, and a list of the initiators to the competent authority to apply for approval.

2There must be no less than thirty initiators, and any person who is an adult and, except for the situations described below, he/she may be an initiator as referred to in the above paragraph:

31. Is condemned to limited term imprisonment, and the imprisonment has not been executed or finished yet. However, this does not include probation.

42. Is under rehabilitative measure that has not been executed or finished yet.

53. Is announced to be bankrupted, and not yet restored related rights.

64. Has been placed under declaration of guardian and such declaration of guardian has not yet been withdrawn.

7The format of the application form referred to in the first paragraph shall be prescribed by the central competent authority.

1After the application for establishment of a civil association is approved, an initiators’ meeting shall be called to elect committee members to organize a preparation committee, and an establishment conference shall be held after the preparation is finished.

2To call a meeting of the preparation committee and the inaugural meeting, a notice shall be given to the competent authority, and the competent authority may send personnel to attend the meetings as non-voting delegates.

1A civil association shall, within thirty days after the inaugural meeting is held, report the articles of association, a list of members, and curriculum vitae of the elected personnel, to the competent authority for approval and accreditation, and the competent authority shall grant an accreditation certificate.

2A civil association shall prepare an official seal by itself and submit the impression to the competent authority for reference; the length, width, diameter or short diameter of an official seal shall be three centimeters or more and shall not be subject to the Statute of Seal.

3The competent authority may make the registrations of civil associations available for public inquiries via the Internet or otherwise.

After being approved and registered by the competent authority, a civil association may register itself as a judicial person at the governing local court, and shall submit a photocopy of the registration certificate to the competent authority for reference within thirty days after the registration is finished.

1The articles of civil association shall include the following contents:

21. Name

32. Purpose.

43. Organizational area.

54. Site

65. Task.

76. Organizations.

87. Entry, withdrawal, and dismissal of members.

98. Rights and obligations of members.

109. Quota, authority, tenure, appointment, and recall of member representatives, directors, and supervisors.

11

A member representative of a civil association refers to a representative chosen by the member organization or elected by the subordinate associations or elected by way of geographical election according to the provision of Article 28; the rights of member representatives shall be executed in the same way as members.

Where a member (member representative) of a civil association violates a law or the articles of the association, or does not follow a resolution of the members’ (member representatives’) assembly, thus causing serious damage to the association, he may be dismissed with the resolution of the members’ (member representatives’) assembly.

1In any of the following occasions, a member of a civil association shall be withdrawn:

21. Death.

32. Deprived of membership.

43. Dismissed by a resolution of the members’ (member representatives’) assembly.

All the members (member representatives) of a civil association have the right to vote, to elect, to be elected, and to recall. Each member (member representative) may take one vote.

1Each civil association shall set directors and supervisors, and they shall be elected from the members (member representatives). And the quota shall meet the following provisions:

21. In a civil association of the county (city) level or below, there may not be more than fifteen directors.

32. In a civil association of the province (city) level, there may not be more than twenty-five directors.

43. In a civil association directly under the jurisdiction of the central government, there may not be more than thirty-five directors.

54. The quota of supervisors of a civil association of any level may not exceed one-third of that of the directors of the association.

65. Alternate directors and alternate supervisors may be set in a civil association of any level, and the quota may not exceed one-third of that of the directors and supervisors of the association.

7Where the quota of directors and supervisors is not less than three respectively, standing directors and standing supervisors may be elected by and from the directors and supervisors, and the quota may not exceed one-third of the total number of directors and supervisors respectively; furthermore, a chairperson of the board of directors shall be elected by the directors from the standing directors, or elected by and from the directors if there is no standing director. Where there are three or more standing supervisors, one shall be elected by and from them to act as the convener of the board of supervisors.

The board of directors and the board of supervisors of a civil association shall perform their duties separately according to the resolutions of the members’ (member representatives’) assembly and the provision of the articles of association.

1The elected directors and supervisors of an upper level civil association are not limited to the representatives designated by lower level civil associations.

2A person other than the directors and supervisors of a civil association may be designated by the association as a representative to attend an upper level civil association.

The tenure of the directors and supervisors of a civil association may not exceed four years and can be re-elected unless otherwise prescribed by law or otherwise limited in the articles of association. The chairperson of the board of directors may be may be re-elected for a second term.

The directors and supervisors of civil associations all are positions of no pay.

Where a director or supervisor of a civil association violates a law, the articles of association, or resolutions of members’ (member representatives’) assembly, the case shall be handled in accordance with the related laws and the articles of association; furthermore, the director may be recalled by members’ (member representatives’) assembly.

1A director or supervisor of a civil association who meets any of the following conditions shall be relieved from the position immediately, and the vacancy shall be filled by the alternate directors or alternate supervisors in order:

21. Deprived of membership (qualification of member representative).

32. Resigned due to certain reasons and approved by the board of directors or the board of supervisors.

43. Dismissed or removed.

54. Suspended from the rights for a term of longer than a half of the tenure.

A civil association may, according to the provision of its articles of association, employ staff to handle the affairs and business of the association.

1The members’ (member representatives’) assembly of a civil association is divided into two types: regular meetings and extraordinary meetings, and both shall be convened by the chairperson of the board of directors.

2The regular meeting shall be convened on an annual basis. An extraordinary meeting shall be convened when the board of directors deems it necessary, or upon the requests of more than one-fifth of the members (member representatives), or upon request of the board of supervisors.

3Unless otherwise stipulated by laws and regulations, the articles of association of a civil association may specify that a members’ (member representatives’) assembly shall be convened through video conferencing or other means as promulgated by the central competent authority.

4Under the circumstances of calamities, incidents, or force majeure, the central competent authority may promulgate a ruling that authorizes a civil association to, without provision in its articles of association, hold its members’ (member representatives’) assembly through video conferencing or other means as promulgated by the central competent authority within a certain period of time.

1To call a meeting of the members’ (member representatives’) assembly, a civil association shall give notice to the members’ (member representatives’) fifteen days in advance. However, this is not applicable where an extraordinary meeting is called due to emergency and with the notice received only one day before the meeting is called.

2The meetings referred to in the above paragraph shall be reported to the competent authority, and the competent authority may dispatch officers to attend the meeting as a non-voting delegate.

1A resolution of the members’ (member representatives’) assembly of a civil association requires the attendance of more than one half of the members’ (member representatives’) and the consent of more than one half or a larger proportion of the attendees. However, the following matters may be resolved only with the consent of not less than two-thirds of the attendees:

21. Formulation and amendment of the articles of association.

32. Dismissal of a member (member representative).

43. Recall of a director or supervisor.

54. Disposal of properties.

65. Dissolution of the association.

76. Other important matters related to the rights and obligations of the members.

1Where a civil association has three hundred or more members (member representatives), the organizational area may be subdivided to elect representatives according to the percentage of members (member representatives) and to call a representative’s assembly to perform the duty of the member’s assembly.

2The division of organizational area and the number of representatives in the above paragraph shall be reported to the competent authority for reference.

1The board of directors and the board of supervisors of a civil association shall hold a meeting every three months, and may notify the alternate directors and alternate supervisors to attend the meeting as non-voting delegates.

2A resolution of the meeting referred to in the above paragraph needs the attendance of more than one half of the directors or the supervisors and the consent of more than one half of the attendees.

3Unless otherwise stipulated by laws and regulations, the articles of association of a civil association may specify that a meeting of the board of directors and supervisors shall be convened through video conferencing or other means as promulgated by the central competent authority.

4Under the circumstances of calamities, incidents, or force majeure, the central competent authority may promulgate a ruling that authorizes a civil association to, without provision in its articles of association, hold its meeting of the board of directors and supervisors through video conferencing or other means as promulgated by the central competent authority within a certain period of time.

Where the convener of the board of directors or the board of supervisors of a civil association has not called the meeting of the board of supervisors or the board of supervisors without due reason for two times, the competent authority shall relieve him from the position and elect or appoint a new convener.

The directors or supervisors of a civil association shall personally attend the meetings of the board of directors or the board of supervisors, and may not entrust others to represent them. Absence without due reason for two consecutive times will be regarded as resigning, and the vacancy will be filled by the alternate directors or alternate supervisors in sequence.

Where a meeting of the members’ (member representatives’) assembly or the board of directors of a civil association cannot be called according to law, the competent authority may designate one of the directors to convene the meeting; where a meeting of the board of supervisors cannot be called according to law, the competent authority may designate one of the supervisors to convene the meeting.

1The financial sources of civil associations are as follows:

21. Admission fee.

32. Annual dues.

43. Funds for public undertakings.

54. Donations from the members.

65. Entrusted incomes.

76. Funds and its interests.

87. Other incomes.

9The amount and payment method of the fees listed in Subparagraphs 1~4 of the above paragraph shall be approved by the members’ (member representatives’) assembly, and shall be reported to the competent authority for examination and approval prior to implementation.

A civil association shall compile reports on budgeting and financial statement each year, submit it to the members’ (member representatives’) assembly for approval, and report it to the competent authority for examination and reference. However, a financial statement report shall be sent to the board of supervisors for auditing first, and then submitted along with the result of the auditing to the members’ (member representatives’) assembly.

An occupational association refers to an association organized by the institutions and associations in the same trade or the jobholders of the same occupation with a view to associate the relationship between colleagues, enhance common benefits, and promote social economic construction.

(Deleted)

1The members of a vocational association shall be those who are engaged in the corresponding occupation within the organizational area of the association.

2Vocational associations shall not refuse membership to those who are eligible for membership.

1Where a member (member representative) of an occupational association cannot attend the members’ (member representatives’) assembly, he may entrust in writing another member (member representative) to represent him. However, the number of the entrusted attendees may not exceed one-third of the attendees who attend the meeting by themselves.

2Each member (member representative) may represent only one other.

A social association refers to an association composed of individuals or associations for the purpose of promoting culture, academic research, medicine, health, religion, charity, sports, fellowship, social service, or other public welfare.

(Deleted)

The position title, election, and recall of the personnel of a social association may be otherwise prescribed in its articles of association, but shall be approved by the competent authority.

Where a member (member representative) of a social association cannot attend a meeting of the members’ (member representatives’) assembly, he may entrust in writing another member (member representative) to represent him; each member (member representative) may restrict the agent to one.

The board of directors and the board of supervisors of a social association shall hold a meeting at least every six months.

A political association refers to an association organized by the citizens of the Republic of China with a view to help them to form political volition and to promote political participation for the citizens based on common ideas of democratic politics.

1A political association that meets any of the following is a party:

21. A national political association intending to recommend candidates to participate in the election of public officials establishes a party in accordance with the provisions of this Act and reports to the central competent authority for approval and registration.

32. A national political association already registered with the purpose of recommending candidates to participate in the election of public officials.

1Where a party is established in accordance with the provision of Subparagraph 1 of the above article, the articles of association of the party and a roll list of the principals shall be submitted within thirty days after the inaugural meeting is called to the central competent authority for registration and to receive a certificate and official seal.

2The party referred to in Subparagraph 2 of the above article shall, before the day when a public announcement for election is issued, submit its articles of association and a roll list of the principals to the central competent authority to apply for registration.

1Where a party recorded in accordance with the provision of the above article meets any of the following provisions, it may be registered as a judicial person at the court according to law after it is approved by the central competent authority:

21. The party has been recorded for over one year.

32. The party has five or more public officials elected by the public in central, municipal, and county (city) governments.

43. The party possesses not less than NT$10,000,000 of properties.

5The registration of a party as a judicial person and other matters referred to in the above paragraph shall be applied to the provisions set forth in the Civil Code on public welfare associations unless otherwise prescribed in this Act.

The national administrative region shall be the organizational area of a party, and no regional party may be founded. However, branches may be established.

A party established under Article 46 may recommend candidates to participate in election of public officials according to law.

A political association shall be organized and operated according to the principle of democracy, and prescribe the positions, quota, tenure, election, and recall of personnel as well as meetings, funds, and other matters in its articles of association.

A party has the right to equally use public places and public-operated medias according to law.

A party may not set up organizations in universities, the court, or the army.

A political association may not accept donations from foreign associations, judicial persons, individuals, or the associations or judicial persons of which the majority of members are foreigners.

1The Ministry of the Interior shall set a party advisory committee to review the punishment made on parties.

2The party advisory committee shall be composed of just persons, and the number of committee members who come from the same party may not exceed one half of the total number; the organization of the committee shall be prescribed by the Ministry of the Interior.

(Deleted)

After a civil association is approved and registered, the alteration of its articles of association, curriculum vitae of the employed personnel or list of the principals shall be reported to the competent authority for examination and reference within thirty days.

Where a civil association has not been established within six months after the establishment is permitted, the permit shall be abolished. However, the term may be prolonged by up to three months with the approval of the competent authority.

1Where it is necessary to merge or separate civil associations due to adjustment of organizational area or other reasons, an application may be submitted to the competent authority for approval of merger or separation.

2Where it is necessary to modify the administrative organization area or name of a civil association, a meeting record letter may be submitted to the competent authority for inspection. The modified name of civil association should not be similar to that of a civil association already registered.

3Tenure of office for a civil association resolved in the forgoing paragraph will obtain the resolution of member meeting or member representative meeting.

The competent authority may encourage civil associations of excellent performance, and the regulations on such encouragement shall be prescribed by the central competent authority.

1Where a civil association violates a law or its articles of association or encumbers public welfare, the competent authority may warn it, cancel its resolution, or stop whole or a part of its activities, and order it to improve within a specified time limit; in case improvement is not made within the time limit or in serious circumstances, the following punishments may be executed:

21. Dismissal of the personnel.

32. Setting a time limit for correction.

43. Abolishment of the permit.

54. Dissolution.

6The punishment of warning, cancellation of resolution, and stoppage of activities referred to in the above paragraph also may be executed by the competent authority of a target business. However, the punishment of cancellation of resolution or stoppage of activities shall be executed based on negotiation with the competent authority.

7Punishment of parties shall be limited to warning, setting time limit for correction, and dissolution. To get a party dissolved, the competent authority shall transfer the case along with related evidence to the Constitutional Court composed of Grand Justices of the Judicial Yuan for judgment.

8

1A civil association shall be dissolved in any of the following circumstances:

21. The permit is abolished by the competent authority.

32. Bankrupted.

43. Merger or separation.

54. Corrections are not finished within the specified time limit.

65. A resolution of dissolution is approved in the members’ (member representatives’) assembly.

7The provision of Subparagraph 4 of the above paragraph is not applicable to dissolution of parties.

1Where a civil association is established without applying for a permit or registration according to law, and it is not dissolved within the time limit set forth by the competent authority, a fine of not more than NT$60,000 shall be levied.

2Where the permit of a civil association is abolished by the competent authority and a time limit is set for dissolution but it is not dissolved before the time limit expires, the provision of the above paragraph shall apply.

1Where a civil association is established without applying for a permit or registration according to law and a time limit for dissolution has been set by the competent authority, but it is not dissolved within the time limit and activities are still held in the name of the association despite the order of stoppage issued by the competent authority, the mastermind shall be punished with imprisonment for less than two years or detention.

2Where the permit of a civil association is abolished by the competent authority and a time limit is set for dissolution, but it is not dissolved before the time limit expires and activities are still held in the name of the association, the mastermind shall be punished according to the provision of the above paragraph.

1Where donations are accepted that infringe on the provision of Article 51, perpetrators shall be punished with imprisonment for less than two years, detention or a fine not more than NT$60,000.

2The donation accepted by a person who commits the crime prescribed in the above paragraph shall be expropriated. In case the whole or a part of the donation cannot be expropriated, a sum equal to the price shall be replevied.

Where a sum fined under this Act is not paid within the time limit after a notice has been given, the case will be transferred to the court for coercive execution.

(Deleted)

(Deleted)

Regulations on election and dismissal of elected personnel, personnel management, guidance on civil association affairs, and disposal of the financial affairs of civil associations shall be prescribed by the central competent authority.

1This Act shall become effective as of the date of promulgation.

2The articles of this law amended on 12th May of 2009 of the Republic of China take effect on 23rd November of 2009.