政風機構人員設置管理條例施行細則

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

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

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

1Matters concerned with promotion of integrity and social participation referred to in Subparagraph 1 of Article 4 of the Act are shown for example as follows:

21. Implementation and coordination of anti-corruption publicity and training

32. Explanation on anti-corruption cases and citation of extraordinarily good ethics

43. Promotion of community involvement in anti-corruption

54. Promotion, coordination, and publicity for anti-corruption matters

1Matters concerned with drafting, promotion and implementation of integrity regulations and directions and preventive measures referred to in Subparagraph 2 of Article 4 of the Act are shown for example as follows:

21. Draft and revision of integrity regulations and directions

32. Promotion and implementation of risk assessment for anti-corruption

43. Promotion and implementation of audit on an organization's operations

54. Promotion and implementation of anti-corruption reports

65. Promotion and implementation of anti-corruption studies

1Matters concerned with drafting, coordination, and implementation of suggestions for integrity reformation referred to in Subparagraph 3 of Article 4 of the Act are shown for example as follows:

21. Formulation of improvement measures based on the assessment of risks to anti-corruption.

32. Collection and examination of the deficiencies of organizations' ordinances through discussion meetings, interviews or other approaches

43. Promotion of transparency in organizations' operational procedures

54. Supervision, assessment, punishment and reward for staff of Government Employee Ethics Units

1Matters concerned with property-declaration of public servants, recusal of public servants due to conflicts of interest, and businesses relevant to integrity and ethics directions referred to in Subparagraph 4 of Article 4 of the Act are shown for example as follows:

21. Publicity of the Act on Property-Declaration by Public Servants, the Act on Recusal of public Servants Due to Conflicts of Interest, and the Integrity and Ethics Direction for Public Servants

32. Business based on the Act on Property Declaration by Public Servants

43. Business based on the Act on Recusal of public Servants Due to Conflicts of Interest

54. Interpretation, case explanation, and consultation with regard to the Integrity and Ethics Direction for Public Servants

65. Notification, registration and filing of such matters as receiving of gifts, receiving of drinking and dining treat, requests for intercession through influence

1Matters concerned with handling corruption and malfeasance related to organs mentioned in Subparagraph 5 of Article 4 are shown for example as follows:

21. inspection and investigation of abnormal operations of organizations and abnormal living style of employees

32. Investigation of irregularities exposed by people or reported by the media

43. Handling of documents, making of interviews and the doing of other matters handed down by an organization's head or by the Agency Against Corruption for investigation or gathering evidence

54. Implementation of administrative investigation on corruption

65. Installation of mail box and hotline and encouragement of whistle-blowing

1Matters concerned with inspecting businesses that carry risks of corruption mentioned in Subparagraph 6 of Article 4 of the Act are shown for example as follows:

21. Assessment of corruption-risky business in organizations and investigation of cases showing signs of corruption

32. Study of corruption cases that have occurred in other organizations to see the possibility of occurring in own organization and take concrete preventive steps

43. Formulation of improvement measures against deficiencies based on the findings of inspections and investigations and implementation of tracking

1Matters concerned with handling and coordinating the protection of official confidential information of the organ mentioned in Subparagraph 7 of Article 4 of the Act are shown for example as follows:

21. Prescription or amendment of the regulations governing the protection of the organization's confidential information on public affairs

32. Publicity of confidential-information protection ordinances and approaches

43. Promotion of IT secret protection

54. Handling of confidential information leakages

6Article11

7Matters concerned with handling and coordinating security maintenance of the organ mentioned in Subparagraph 8 of Article 4 of the Act are shown for example as follows:

81. Prevention of damage or other harmful acts to the organization

92. Assistance with the handling of petitions and pleadings

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1Paragraph 3 of Article 5 of the Act provides that if an organization that has not installed specific ethics personnel, the higher organization shall commission an appropriate person in the lower organization to do the following things:

21. Notification, registration and filing of affairs regarding accepting gifts, drinking and dining treat, requests for intercession with influence and other ethics-related maters

32. Coordination with the effort to protect confidential information and security of organizations

43. Publicity and consultation with regard to the Act on Property Declaration by Public Servants and the Act on Recusal of public Servants Due to Conflicts of Interest

54. Publicity for integrity

65. Other matters and commissioned items related to integrity

1In accordance with the provisions of Paragraph 3 of Article 10 of the Act, for the military organization and schools at all level that do not have government employee ethics units, the ethics units of their higher-up organizations may handling their ethics affairs in the following way:

21. Deploying ethics personnel in the organization by its higher-up organization in keeping with the need

32. Commissioning of appropriate personnel in said organization by its higher-up organization for the afore-mentioned activities

43. The said subordinate military and school shall help their higher-up organization implement anti- corruption measures.

1The appointment, dismissal, promotion, punishment, performance evaluation and training for ethics personnel of all organizations shall be done by the Ministry of Justice or the Agency Against Corruption in keeping with related laws and regulations.

2The Ministry of Justice or the Agency Against Corruption may hold various workshops for deployed or designated ethics personnel of organizations in order to increase their working knowledge and skills. They may also designate the government employee ethics units and officers at central and local organs to conduct the workshops.

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