Act Governing the Employment of Diplomatic and Consular Personnel Stationed Overseas
1.中華民國四十八年六月十八日總統令制定公布全文 14 條 2.中華民國五十二年八月九日總統令修正公布第 2、3、7、9 條條文 3.中華民國五十五年一月十三日總統令修正公布第 3 條條文 4.中華民國六十七年一月十九日總統令修正公布第 2、9 條條文 5.中華民國七十八年十二月二十九日總統(78)華總(一)義字第 7094 號令修正公布全文 13 條 6.中華民國八十四年一月十八日總統(84)華總(一)義字第 0255 號令 修正公布第 4、7 條條文 7.中華民國一百零三年六月四日總統華總一義字第 10300085361 號令修 正公布全文 10 條;並自公布日施行 8.中華民國一百零七年一月十七日總統華總一義字第 10700004141 號令 修正公布第 2 條條文
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The employment of diplomatic and consular personnel stationed overseas shall be governed by this Act. Related matters not provided herein shall be governed by the Civil Service Employment Act.
1Diplomatic and consular personnel stationed overseas include the following:
21. Ambassadors, ministers, permanent representatives, deputy permanent representatives, counselors, deputy counselors, first secretaries, second secretaries, third secretaries
32. Consuls general, vice consuls general, consuls at consulates, consuls at consulates general, vice consuls
4Personnel appointed to serve as ambassador, permanent representative, or deputy permanent representative based on experience and expertise required by the diplomatic mission concerned shall not be subject to the limitations stipulated in Articles 3 and 4 of this Act. However, their number, excluding politically appointed ambassadors and permanent representatives, shall not exceed 15 percent of the total number of ambassadors, permanent representatives, and deputy permanent representatives.
1Diplomatic and consular personnel stationed overseas must meet at least one of the following qualifications:
21. Passed the Special Examination for Diplomatic and Consular Personnel
32. Passed the Special Examination for International Information Personnel, and were transferred to the Ministry of Foreign Affairs or assigned by MOFA to a diplomatic mission following Executive Yuan restructuring
43. Possess equivalent qualifications for their position as specified by the Civil Service Employment Act, graduated from a domestic or overseas university recognized by the Ministry of Education, are competent in at least one foreign language, and also meet any of the following requirements:
53.1. Have served in a junior rank position or higher at MOFA, the Coordination Council for North American Affairs, or at diplomatic missions following assignments by MOFA for at least three years
63.2. Have served in a junior rank position or higher at the Government Information Office or its overseas offices, and were transferred to MOFA or assigned by MOFA to diplomatic missions following Executive Yuan restructuring with total combined time prior to and following the transfer to MOFA or assignment to a diplomatic mission of at least three years
74. Prior to the implementation of amendments to this Act on May 20, 2014, served at diplomatic missions with senior rank, grade 12 or higher and were certified as possessing civil servant qualifications in the diplomatic and consular affairs or information services fields
1In addition to meeting the aforementioned qualifications, diplomatic and consular personnel of senior rank stationed overseas must also meet at least one of the following qualifications:
21. Have qualified for senior rank in accordance with the Civil Service Employment Act
32. Have served in a senior rank position at MOFA or the Coordination Council for North American Affairs
43. Have served in a senior rank position as diplomatic or consular personnel stationed overseas
1In addition to meeting the qualifications listed in Article 3, diplomatic and consular personnel of junior rank stationed overseas must also meet at least one of the following qualifications:
21. Have served in a junior rank position at MOFA or the Coordination Council for North American Affairs for one year
32. Have served in a junior rank position as diplomatic or consular personnel stationed overseas
43. Have served in a junior rank position at the GIO, and were transferred to MOFA or assigned by MOFA to a diplomatic mission following Executive Yuan restructuring with total combined time prior to and following the transfer to MOFA or assignment to a diplomatic mission of at least one year
With regard to personnel specified in Paragraphs 4 and 5 of Article 5 of the Organization Act of Diplomatic Missions of the Republic of China (Taiwan), Articles 3, 4, and 5 of this Act shall not apply to personnel who are serving in positions stated in Paragraph 1 of Article 2 and whose status conforms to the provisions of the Temporary Assigned Worker Assignment Act.
1In principle, each overseas term for diplomatic and consular personnel shall not exceed six years. Within such a term, diplomatic and consular personnel may be transferred among diplomatic missions. At the end of an overseas term, they shall be transferred back to MOFA headquarters.
2An overseas term described in the previous Paragraph may be extended or shortened in accordance with policies of the host nation of the diplomatic mission, legal restrictions, or work requirements. If extended, overseas terms shall not exceed nine years.
Diplomatic and consular personnel stationed overseas who perform the same function for a six-year term and do not receive a Grade A performance evaluation in any year shall no longer be dispatched overseas.
Enforcement rules of this Act shall be formulated by MOFA in coordination with the Ministry of Civil Service.
This Act shall enter into force on the date of its promulgation.
8Quota for personnel described in Subparagraph 3 of the previous Paragraph shall not exceed 15 percent of the total number of personnel under Subparagraphs 1, 2 and 4, excluding the heads of diplomatic missions.