公務人員保障法

This Act is enacted to protect the rights and interests of civil servants. The matters with no applicable provisions in this Act shall be governed by other relevant laws.

The rights and interests of civil servants, including but not limited to civil servants’ status, position grade and rank, pay, working conditions, management measures and other related protection affairs, shall be governed by this Act.

Civil servants as referred to in this Act refer to the paid and full-time personnel legally appointed by lawful government agencies (institutions) and public schools according to civil service appointment laws.

1The petition for deliberation, appeal, and re-appeal procedures stipulated in this Act shall be applicable to the remedy of rights and interests of civil servants.

2The deliberation cases or re-appeal cases filed by civil servants (hereinafter referred to as "Protection Cases") shall be reviewed by the Civil Service Protection and Training Commission (hereinafter referred to as "CSPTC").

3The regulations to review the Protection Cases shall be promulgated by the Examination Yuan.

The decision made by the CSPTC with respect to the Protection Cases shall not be less favorable to the interests of the civil servants to the extent that the petitioner or re-appellant is expressly unwilling to accept.

1Government agencies shall not adopt any administrative action, unreasonable management or working conditions measures which are unfavorable to civil servants who file for remedies pursuant to this Act.

2In the event of the Protection Cases filed by civil servants and subsequently revoked by the CSPTC decision, within 3 yearsfrom the next date of receipt of the decision the agencies where the civil servants serve shall not reject their new jobtransfers lawfully proposed by other government agencies.

1Any person reviewing a Protection Case shall withdraw from the cases in any of the following circumstances:

21.Where his/her spouse, former spouse, any of his/her relatives by blood within the fourth degree or relative by marriage within the third degree, head of a family or members of the family, or any person having previously such relationship with him/her, is a civil servant filing the Protection Case;

32.Where he/she participated in handling or appealing procedures of any administrative action, management measures or working conditions;

43.Where he/she is or was an agent or assistant of the party filing the Protection Case;

54.He/she was a witness or expert witness in the Protection Case;

65.Where he/she has legal interest in the Protection Case.

7The withdrawal in the preceding paragraph shall apply mutatis mutandis to the person assisting the handling of the Protection Case.

8Anyone in the preceding two paragraphs having knowledge of obligation to, but fail to, withdraw himself/herself in reviewing the protection Cases shall be referred for discipline pursuant to relevant laws and regulations.

During the period of reviewing the Protection Cases, the personnel may be appointed to investigate relevant documents and interview relevant persons through the resolution of the CSPTC. The investigated government agencies and the interviewed personnel shall provide with necessary assistance. The appointed personnel shall submit the report about the investigation result to the CSPTC.

The status of civil servants shall be protected and shall not be deprived unless otherwise provided by laws. The preceding protection shall also apply to a claim arising from his/her status.

1A civil servant shall not be suspended from office unless otherwise provided by laws.

2During the period of suspension, suspension without pay, or leave without pay, a civil servant still retains his/her civil servant status but may not perform his/her official duty.

1A civil servant who is lawfully suspended may apply for reinstatement within 3 months from the elimination of suspension reasons. The government agency where he/she serves or its superior agency shall allow his/her reinstatement unless otherwise provided by laws and, within 30 days of receipt of his/her application, shall notify him/her to reinstate.

2While the civil servant is reinstated according to the preceding paragraph, the government agency where he/she serves or its superior agency shall allow him/her to resume his/her original position, assign him/her other position equivalent to his/her original position, or another position with equivalent rank, grade and pay. In the event of failure to reinstate, the transfer shall be processed according to the Civil Service Employment Act and the Civil Service Pay Act.

3While the civil servant who is lawfully suspended fails to apply for reinstatement within 3 months from the elimination of suspension reasons, the personnel unit of the government agency where he/she serves or its superior agency shall be responsible for investigation and notification. The civil servant’s failure to apply for reinstatement within 30 days from receipt of investigation and notification notice may be deemed to resign unless there are causes not attributed to him/her.

1While a civil servant is suspended as a punishment and the original administrative action with respect to suspension is revoked, the agency where he/she served or its superior agency shall allow his/her reinstatement and, in which case Paragraph 2 of the preceding Article shall apply mutatis mutandis, unless otherwise provided by laws.

2The civil servant in the preceding paragraph shall still be deemed being suspended prior to reporting for reinstatement.

3The civil servant being reinstated pursuant to Paragraph 1 shall report for duty within 30 days from receipt of reinstatement order and regain all the rights and benefits afterwards. In the event of the civil servant’s failure to report within required period, he/she may be deemed to resign unless there is an approved extension of report period or there are causes not attributed to him/her.

While the causes for leave without pay cease to exist or its period ends, Article 10 shall apply mutatis mutandis to matters related to reinstatement, unless otherwise provided by laws.

While a civil servant is lawfully suspended without pay, Article 10 shall apply mutatis mutandis to matters related to reinstatement, unless otherwise provided by laws.

1Where an agency has been abolished or restructured or its business has been contracted, for those civil servants with examination passed or qualification confirmed status who remain in office, its superior agency or the agency taking over its business shall deal with their job transfer or assignment and, if necessary, provide them with counseling and training at first, unless otherwise provided by laws.

2Where the transfer or assignment takes place pursuant to the precedingparagraph, the rank and grade of the new position shall be equivalent to the original unless he/she voluntarily accepts a lower rank position. In case of being transferred or assigned to a lower grade, but within the same rank, job as a result of the lack of appropriate position, the provisions related to position appointment in the Civil Servant Employment Law and the Civil Service Pay Act shall apply.

1The resignation of a civil servant shall be tendered in writing. The government agency where he/she serves or its superior agency shall not reject his/her resignation unless there is a tendency of national security endangerment or otherwise provided by laws.

2The government agency where he/she serves or its superior agency shall make its decision within 30 days after receipt of the written resignation. Where there is no decision after 30 days, it may be deemed approved and becomes valid the day after 30 days. In the event of the civil servant designating a certain date for resignation after the aforesaid 30 days, such a date prevails.

The confirmed assessment of position rank and grade for a civil servant shall be protected and shall not be altered unless in accordance with law.

The confirmed assessment of pay grade for a civil servant shall be protected, and shall not be lowered or reduced unless in accordance with law.

The statutory allowance based upon the position classification and nature and working location of a civil servant shall not be altered unless in accordance with law.

The superior or superintendent of a civil servant shall neither assign him/her any unlawful job nor force him/her to perform any illegal duty by assaulting, intimidating or other improper ways.

1A civil servant is obliged to obey the order given by his/her superior within the scope of their supervision and to notify the superior in case that, if he/she thinks, the order is unlawful. The civil servant is obligated to obey the order in case the superior thinks it does not violate any law and it is given to him/her in signed writing. Thus, the subsequent responsibility shall be born by the superior. However, the civil servant is not obligated to obey the order in case it violates any criminal law.

2While the order is not given by the superior in signed writing in the preceding paragraph, the civil servant may require it given in signed writing. The order will be deemed as a withdrawal in case the superior refuses to give it in signed writing upon the request of the civil servant.

Government agencies shall provide a civil servant with machines, tools and equipmentsas well as a good working environment necessary for performing duties.

The safety for a civil servant to perform duties shall be ensured. Government agencies shall provide with safety and sanitary measures a civil servant to perform duties. Their relevant regulations shall be jointly promulgated by the Examination Yuan and the Executive Yuan.

Where a civil servant performs duties, the on-site superior may suspend the execution of the duties under the circumstance that, in his/her judgment, there has been danger occurred or there is a clear tendency of danger.

1A civil servant whose life, body or health is injured because of the defects of safety and sanitary measures provided by a government agency may claim for compensation according to the State Compensation Law.

2The solatium shall be given to a civil servant accidentally injured, disabled, or died due to performing duties. However, no or reduced solatium may be given in the event that the civil servant’s intentionality or gross negligence is a contributing factor.

3The regulation with respect to solatium award in the preceding paragraph shall be promulgated jointly by the Examination Yuan and the Executive Yuan.

1While a civil servant is involved in a lawsuit for performing duties in accordance with laws, the government agency he/she serves shall assist in retaining lawyers to defend him/her and providing legal aid.

2If the lawsuit in the preceding paragraph is caused by the intentionality or gross negligence of the civil servant, there shall be no assistance. If the agency where he/she serves has paid for lawyer’s fee, it shall claim for reimbursement against him/her.

3The regulation with respect to the assistance to a civil servant involved in a lawsuit in Paragraph 1 shall be promulgated jointly by the Examination Yuan and the Executive Yuan.

1Civil servants assigned to perform their duties outside the statutory office hours constitute working overtime. The service agency shall provide overtime payment or compensatory leave. Provided however, if the overtime payment or the compensatory leave is not given due to the government budget limitation or the maintenance of necessary government capacity, the government shall award the civil servant with regular performance merit in accordance with the performance appraisal (achievement, verification) regulations.

2For service agencies with special businesses necessity that has to work and take days off in shifts, its civil servants' compensation for overtime shall take into account overtime reason, intensity, density, and time frame. These factors shall be weight to cope with the general understanding of the reasonable consideration of performing duty and the purpose of protecting civil servants' right to health when appraising overtime. The service agency shall promulgate a compensatory conversion standard for overtime in accordance with the overtime compensatory bracket and minimum standard, and it shall comply with the standard to approve overtime payment or compensatory leave. The service agency shall follow the abovementioned principles when compensating its civil servants' overtime on-call hours.

3The civil servants shall request all their eligible compensatory leaves within the exercisable period prescribed by the agency, which shall not exceed two years. Relocated personnel who have yet to request all compensatory leaves from the original service agency can still request the vested compensatory leaves from the new service agency within the original exercisable period.

4Under the circumstance of the agency's demands to perform necessary government capacity results in the impossibility for the civil servants to take all of the accrued overtime compensatory leaves within the exercisable period, the overtime payment shall be approved. When overtime payment is not applicable due to agency budget limitation, the performance merit mentioned in section 1 shall be awarded. The exception is that the overtime payment shall be approved should the civil servants have left the position or are deceased. The service agency shall follow the abovementioned principles when compensating its civil servants' overtime hours that have not been taken within the exercisable period after their relocation.

A civil servant paying necessary out-of-pocket expenses for performing duties may claim for reimbursement against the government agency he/she serves.

1The statute of limitations for the following property right claims derived from public law by a civil servant are:

21.10 years:

3(1) solatium for being accidentally injured, disabled, or died due to performing duties;

4(2) government legal assistance fee due to performing duties.

52. 2 years:

6(1) general health examination fee approved by the government agency he/she serves;

7(2) over-time pay approved by the government agency he/she serves;

8(3) necessary out-of-pocket expenses due to performing duties.

1A civil servant may petition for deliberation pursuant to this Act against an administrative action, taken by the agency he/she serves or the Personnel Management Authority(hereinafter referred to as "the original action agency"),which, he/she thinks unlawful or obviously illegitimate and causes the infringement of his/her rights or interests. A civil servant who is not currently in office but claims for the damages based upon his/her original civil servant’s status has the same petition right.

2The inheritors of a deceased civil servant may petition for deliberation pursuant to this Act when their property right derived from public law based upon the deceased civil servant’s status is infringed upon.

1A civil servant whose rights or interests are encroached upon by the inaction or denial of the original action agency to his/her lawful application within the statutory period may file a petition for deliberation to require an administrative action or an administrative action with certain substances.

2The period in the preceding paragraph not expressly stipulated in any other laws is 2 months from the agency’s receipt of the application.

1In case that the period within which petition may be filed as informed by the original action agency is erroneous, the agency shall make a correction by way of a notice, and the statutory period therefore shall be calculated from the next day after the correction notice is served.

2In case that the notification of petition period is not served or the erroneous notification is served without correction causing petitioner’s delay, the petition is deemed legally filed if filed within 1 year from the next day of the written notice of the original agency action served.

The identification of the original action agency shall depend on who issued the action notice at the time the action took place. However, if the administrative action is taken by the supervised agency ex officio and commands the inferior agency to execute, the supervised agency shall be the original action agency.

While the original action agency has been abolished or restructured, the agency taking over its duty shall be deemed as the original action agency.

1A petition shall be filed within 30 days from the next day after the date which administrative action is served.

2The period in the preceding paragraph shall be calculated from the original action agency’s receipt date of the written petition pleading.

3If a petitioner erroneously files a petition with an agency other than the original action agency, the date which the agency received the petition at the first place shall be deemed as the date for filing the petition.

1If a petitioner fails to file a petition within the period stipulated in the preceding Article as a result of act of god or other causes not attributed to her/him, he/she may request in writing, describing the reasons, the CSPTC for recovery within 10 days after the reasons were eliminated. However, it is not allowed to do so while the petition period has expired for more than 1 year.

2One who requests for recovery shall take petition action required within the original period at the same time.

1If a petitioner resides outside the area where the original action agency locates, the traveling period shall be added when calculating the statutory period unless there is a representative for the petitioner residing in the area where the original action agency locates and the representative may take petition action required during the period.

2The regulation with respect to the traveling period stipulated in the preceding paragraph shall be promulgated by the CSPTC.

Unless otherwise provided by this Act, the Administrative Procedure Act shall apply mutatis mutandis to the matters related to date and period.

1Anyone who could have undertaken obligation independently via conducting legal affairs has the capacity to petition for deliberation.

2Anyone without capacity to petition for deliberation shall be represented by his/her legal representative.

3Matters concerning the legal representation in a deliberation case shall be subject to the Civil Law.

If multiple parties jointly file petition for deliberation against an administrative action based upon the same kind of factual ground, they may select no more than three representatives. If no representative is selected, the CSPTC may notify them to select within a specific period. In the event of their failure to select any representative(s) within required period, the CSPTC may select the representative(s) ex officio.

The selection, replacement or variation of the representative(s) shall not take effect unless the CSPTC is informed and provided with proof of document.

1Once the representative(s) is designated or assigned, the representative(s) will conduct a petition on behalf of all petitioners. However, the withdrawal of the petition is prohibited except for written consent(s) from all petitioners.

2While there is more than one representative, any representative may independently conduct a petition on behalf of all petitioners.

3The representing right of the representative(s) shall not be diminished due to the death, lack of capacity to conduct petition of other joint petitioners or the replacement of other petitioner’s legal representative(s).

1A petitioner may authorize a person who is familiar with law or has legal expertise as agent. There are no more than three agents retained for each petitioner. The agent shall present the Power of Attorney to the CSPTC when he/she initially undertakes petition representation.

2When the CSPTC regards the petition agent improper, it may prohibit the agency and notify the petitioner in writing.

3The replacement, variation or dismissal of the agent(s) shall not take effect unless the CSPTC is notified in writing.

4While the authorization is ceased by the agent, she/he shall continue to undertake necessary conduct to protect the rights or interests of the petitioner within 15 days after the intent to cease the authorization is expressed.

1A petition agent may take all petition actions as authorized in a deliberation case. However, a special authorization is required to withdraw a petition for deliberation case.

2While there are more than one petition agents, each may represent the petitioner independently.

3An agent may still represent the petitioner independently in spite of the agent authorization against the rule stipulated in the preceding paragraph.

4A petition agent’s statement of facts shall not take effectwhile the petitioner appears in person to revoke or correct it immediately.

5The authorization of the petition agent shall not be extinguished due to the petitioner’s death, bankruptcy or lackof the legal capacity for petition.

1A petitioner or his/her agent may be accompanied by an assistant to the place assigned by the CSPTC on the specific date with CSPTC’s permission.

2If necessary, the CSPTC may also order the petitioner or his/her agent to be accompanied by an assistant to the assigned place.

3The CSPTC may cease the permission or prohibit the continuation of assistance while the assistant as stipulated in the preceding two paragraphs is deemed improper by the CSPTC.

4The statement made by the assistant appeared will be regarded as the same as made by the petitioner or his/her agent, while the statement is not revoked or corrected by aforesaid parties immediately.

1The document(s) concerning a deliberation case shall be bound into file(s) by and under custody of the CSPTC.

2In reviewing a deliberation case, the CSPTC shall assign staff member to produce a deliberation record attached to the file which may be supplemented with audio and video records. While the deliberation is processed via oral argument, the key points of the argument shall be produced and bound as an attachment of the deliberation record.

1A petitioner or his/her agent may apply with the CSPTC for viewing, citing, photocopying or photographing documents in the files or for hand written copies, copies, citation of the documents by paying fees in advance. However, the application is limited to the extent necessary for protecting his/her legal interests.

2The CSPTC shall not reject the application in the preceding paragraph unless there is the following circumstances:

31.The draft of a deliberation decision;

42.The documents of a deliberation decision for preparing or deliberating purpose;

53.The necessity to keep secret for any third party's legitimate rights or interests; or

64.The necessity to keep secret pursuant to other laws or based upon the public interests.

7The standard of the fees stipulated in the Paragraph 1 shall be promulgated by the CSPTC.

1A petition filing for deliberation shall have a petition pleading which specifies the following items and shall be signed by or bear the seal of the petitioner or his/her agent(s):

21.The name, date of birth, domicile or place of residence, and National Identification Number or identification document and number of the petitioner. While there is an agent, his/her name, date of birth, occupation, domicile, place of residence or place of office, and National Identification Number or identification document and number;

32.The agency where the petitioner serves, rank and grade of his/her position, etc;

43.The original action agency;

54.The petition claim;

65.The facts and reasons;

76.The evidence. If in the form of document, its photocopy or a hand written copy shall be appended;

87.The date of the administrative action served; and

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1A petitioner shall prepare a petition pleading and file it with the CSPTC for deliberation through the original action agency.

2For the petition stipulated in the preceding paragraph, the original action agency shall review the legality and propriety of the original administrative action in advance. If it deems the petition is sustainable, the agency may voluntarily modify or revoke the administrative action and report to the CSPTC.

3When the original action agency fails to modify or revoke the original administrative action according to the petitioner’s pleading within 20 days from the next day of the receipt of the pleading, the agency shall prepare a written defense and transfer all necessarily related documents to the CSPTC.

4While the original action agency provides files and its defense, the agency shall send to the petitioner a copy of the written defense stipulated in the preceding paragraph.

5When the petitioner files a deliberation petition with the CSPTC directly, the CSPTC shall deliver a photocopy or duplicate of the petition pleading to the original action agency pursuant to Paragraphs 2-4.

If the original action agency fails to do so within the period stipulated in Paragraph 3 of the preceding Article, the CSPTC may, ex officio or by the petitioner’s request, notify the original action agency to provide the relevant files within 15 days. In the event of the relevant files not provided within the period, the CSPTC may make a decision directly.

While a petitioner has expressed his/her objection against the original administrative action within the period stipulated in Paragraph 1of Article 30 to the original action agency or the CSPTC, it shall be deemed as filing the petition within the statutory period. However, the petition pleading shall be submitted within 30 days.

After filing a petition, the petitioner may withdraw the petition before the deliberation decision is served. After the withdrawal of the petition, it shall not be allowed to file the same petition.

1When a petitioner passes away or becomes lack of legal capacity to conduct petition after the filing of the petition, the successor(s) or other person(s) who has the right to succeed the right or interest derived from the original administrative action pursuant to laws may assume the petitioner’s procedural right unless the assumption is of no legal interest derived from the deliberation decision or is prohibited by its nature.

2In the event of the assumption stipulated in the preceding paragraph, the proof document of the succession right shall be provided to the CSPTC within 30 days from the occurrence of the succession fact.

When the CSPTC concludes that the petition pleading fails to comply with the required form and process but amendable, the CSPTC shall notify the petitioner to amend it within 20 days.

1The decision for a deliberation case is made through document review.

2The CSPTC may, if necessary, notify the petitioner or any third party with interest at stake to the designated place to state his/her opinion and to be inquired.

3When the petitioner requests for stating his/her opinion with reasonable grounds, he/she shall be given the chance to appear at the designated place to state his/her opinion.

The CSPTC may assign the Vice Minister and the Commissioner(s) to hear the opinion of those parties appearing at the designated place pursuant to the preceding Article.

If necessary, the CSPTC may, ex officio or by petitioner’s request, notify the petitioner or his/her representative, agent or assistant and the staff assigned by the original action agency to conduct oral argument at the designated date and place.

The oral argument shall be administered by the Minister or his/her assigned Vice Minister or the Commissioner.

1The procedure for oral argument are as follow:

21.The Minister or his/her assigned person states the summary of the case;

32.The petitioner or his/her agent makes factual and legal statement with respect to the case;

43.The original action agency makes factual and legal statement with respect to the case;

54.Relevant agency or person makes a statement;

65.The petitioner or the original action agency makes another statement or defense against the statement or defense of the opposition party;.

76.The CSPTC inquires the petitioner and the original action agency or other relevant persons; and

87.The petitioner makes a final statement.

9While the content of oral argument is not fully complete, the oral argument may be resumed.

A petitioner may present the documentary evidence or other kind of evidence. However, while the CSPTC assigns a peremptory period to present the evidence, the evidence shall be presented in that specific period.

1If necessary, the CSPTC may, ex officio or by the petitioner’s request, command the holder(s) of the document or other items to present them, which the CSPTC may take custody of such document or item.

2The CSPTC may review the document or other items under the custody of a civil servant or a government agency.

3The civil servant or government agency shall not decline the reviewing in the preceding paragraph unless against the national secrecy.

1If necessary, the CSPTC may, ex officio, or entrust relevant agency, school, group or expert to, conduct investigation, test or inspection on necessary evidence or items.

2The expenses in the preceding paragraph shall born by the CSPTC.

3The result of the investigation, test or inspection pursuant to Paragraph 1 shall not be used by the CSPTC as the bases of an unfavorable deliberation decision against the petitioner unless the petitioner had been given the chance to express her/his opinion.

4While the petitioner is willing to bear the cost arising from his/her request for the test, investigation or inspection, the CSPTC shall not deny the request without justification.

5While the result of the test, investigation or inspection in the preceding paragraph is used as the bases of a favorable decision or judgment for the petitioner, he/she may request the CSPTC for reimbursement of necessary expenses within 30 days after the deliberation decision is final and binding.

1An expert witness shall present his/her opinion via a written statement. The CSPTC, if necessary, may invite the expert witness to explain his/her opinion at the designated place.

2While there are more than one expert witness, they may state one common opinion jointly. However, the CSPTC shall make the expert witnesses to state their own opinions separately if they are of different opinions.

3While the relevant materials required for conducting the inspection are under the custody of the original action agency or the CSPTC, the CSPTC shall inform and permit the expert witness to use those materials. However, the CSPTC may set limitations on the extent and method for such use.

1The original action agency shall present all relevant evidences as the bases of the administrative action to the CSPTC.

2A petitioner or his/her agent may request for viewing, citing or photocopying the evidence materials in the preceding paragraph. The CSPTC shall not deny the request without justification.

3The CSPTC shall specify the date, time, and place for viewing, citing or photocopying the evidence materials in Paragraph 1.

While a petitioner has objection(s) to the procedural decision made by the CSPTC during the deliberation procedure, he/she shall file an administrative lawsuit against the procedural decision along with the deliberation decision.

1Whereas one of the following clauses is met in a deliberation case, the CSPTC shall make a decision of case not entertained:

21.A petition pleading is not in compliant with required form and process and not amendable, or is not amended, if amendable, after the expiration of a specific period designated to amend by notice;

32.A petition is filed after the expiration of the period stipulated by this Act, or its pleading is not supplemented in the specific period pursuant to the exceptional section of Article 46;

43.A petitioner without legal capacity to conduct petition without the representation of his/her legal representative, provided that a notification to amend has been given but failed to do so after the expiration of the specific period to amend;

54.A petitioner is ineligible for filing the petition;

65.The administrative action is no longer existed;

76.The same petition is repeatedly filed against a conclusive or withdrawn petition; or

87.A petition is filed against the matters beyond the scope of the petition remedies.

The CSPTC may consolidate and review several separate petitions based on the same or the same kind of factual and legal grounds and may make a consolidated decision for those petitions.

1While a petition is without merits, the CSPTC shall dismiss it by a decision.

2Although the original administrative action is made with improper reasoning, the petition shall be dismissed as without merits while there are other reasons to support the original administrative action.

3While a deliberation case is related to the autonomous matters of local self-governing body, the CSPTC shall only review the legality of the original administrative action.

While a petition is not entertained because it is filed after the expiration of the statutory period, the CSPTC shall specify that the original administrative action is obviously illegal or improper in its reasoning for decision.

1While a petition is sustainable, the CSPTC shall, within the scope of the objection expressed by the petitioner, either revoke the original administrative action in whole or in part by a deliberation decision, or the CSPTC may, based on the case background, remand it to the original action agency for another administrative action. However, within the scope of the objection expressed by the petitioner, the original action agency shall not take a new action less favorable to the interests of the petitioner.

2While the original administrative action is remanded to the original action agency for another administrative action as provided in the preceding paragraph, the CSPTC may directly make a decision to modify the original administrative action in the event that the original action agency fails to do so accordingto the deliberation decision within the required period and the petitioner re-files a petition.

1While the CSPTC concludes a petition, filed according to Paragraph 1of Article 26, is sustainable, it shall specify a period and command the agency that should have taken an administrative action in the first place to take a certain administrative action immediately.

2The agency that should have taken an administrative action has taken an administrative action before the CSPTC has made the decision stipulated in the preceding paragraph, the CSPTC shall dismiss the petition as without merits by a decision.

After considering the damage suffered by a petitioner, the extent of the compensation, and the method of damage prevention and other relevant circumstances, the CSPTC may dismiss the petition while it concludes that the revocation or modification of the original administrative action is obviously against the public interest, even if the CSPTC also concludes that the original administrative action is unlawful or obviously improper and, the revocation or modification of the administrative action will cause serious damage to the public interest, the CSPTC shall expressly declare the original administrative action is unlawful or obviously improper in the holding of the decision stipulated in the preceding paragraph.

1While the CSPTC makes the decision stipulated in the preceding paragraph, it may consider the damage suffered by the petitioner due to the unlawful or obviously improper administrative action and expressly declares in the reasoning of the decision that the original action agency shall negotiate for the compensation agreement with the petitioner.

2The agreement stipulated in the preceding paragraph shall havethe same effect as the agreement in the State Compensation Law.

1Within 3 months from the next day of the receipt of the defense from the original action agency, the CSPTC shall make the deliberation decision. The period shall be calculated from the next day after the defense is amended or, if not amended, after the expiration of a specific period designated to amend. While the petition pleading is supplemented within 30 days after the objection expressed by the petitioner, the period shall be calculated from the next day after the pleading is supplemented or, if not supplemented, after the expiration of a specific period designated to supplement. While the petitioner continues to supplement the reasons during the petition deliberation, the period shall be calculated from the next day after the last reason is supplemented.

2While a petition is not decided within the period in the preceding paragraph, the period may be extended, provided that the petitioner has been notified. The period may can only be extended once with the maximum limitation of 2 months.

1While a deliberation decision depends on the existence or non- existence of certain legal relations and such relations is pending in a litigation or administrative remedy procedure, the CSPTC may cease the deliberation procedure and immediately notify the petitioner before the legal relations have been confirmed.

2While the CSPTC ceases the deliberation procedure stipulated in the preceding paragraph, the period to make the deliberation decision stipulated in the preceding Article shall be recalculated from the next day after the legal relationship has been confirmed.

1A deliberation decision shall specify the following items:

21.The name, date of birth, the agency where the petitioner serves, title, domicile or place of residence, National Identification Number or identification document and number of the petitioner;

32.The petitioner with a legal agent or a petition agent , his/her name, date of birth, domicile or place of residence, and National Identification Number or identification document and number;

43.The holding, facts and reasoning. While it is a decision of case not entertained, the facts may be omitted;

54.The agency which makes the decision and its leading officer;

65.Year, month and date.

7An official copy of the deliberation decision shall be served to the petitioner and the original action agency within 15 days after the decision is made.

1While an objection may be expressed in accordance with laws against the deliberation decision of the CSPTC, the deliberation decision shall have an annexed statement of notification that, if there is an objection against the deliberation decision, the right to file for remedy with the judicial agency with jurisdiction shall be exercised in accordance with laws within 2 months fromthe next day after the decision is served.

2While the annexed statement in the preceding paragraph is erroneous, a correction notice shall be served, and the statutory period shall be recalculate from the next day after the correction notice is served.

3While the CSPTC fails to enclose in the statement a notification with respect to the remedy period or a notified period is erroneous and not corrected so that the petitioner fails to file for remedy within the period, the remedy shall be deemed as filed within the period stipulated in Paragraph 1 in case such a filing iswithin 1 year from the date after the deliberation decision is served.

1While one of the following clauses is met, a petition will not be handled:

21.There is no concrete factual contents; or

32.There is no real name, the agency where the petitioner serves or place of residence.

1To serve a person without legal capacity to conduct any petition action, instead, serve his/her legal agent.

2While there is more than one legal agent, to serve one agent may do.

A service shall be made to a petitioner’s agent unless the authorization to receive a service is restricted. However, the service may be made to the petitioner when the CSPTC deems it necessary.

1The documents for a petition for deliberation case shall be served via the delivery of postal service institutions with the postal service certification for deliberation case indicating domicile, place of residence or office of the petitioner or his/her representative or agent.

2While the documents of a deliberation case are not served as stipulated in the preceding paragraph, the CSPTC may send its staff to serve or entrust the original action agency, or the agency where the civil servant serves to serve. A service certification shall be made by the one who carries out the service.

3Article 67-69 and Article 71-83 of the Administrative Litigation Procedure Act shall apply mutatis mutandis to the service of the documents of a deliberation case unless otherwise stipulated in the preceding two paragraphs.

1A civil servant may file an appeal and/or re-appeal pursuant to this Act against the management measure or relevant working condition rendered by the agency where he/she serves, which, he/she thinks, is improper and causes the damage to his/her

2rights or interests.

3While a civil servant receives the management measure or relevant working condition rendered by the agency where he/she originally served, after leaving his/her job, he/she may file an appeal and/or re-appeal pursuant to the preceding paragraph.

1An appeal shall be filed with the agency within 30 days from the next day after the management measure or relevant working condition rendered in the preceding paragraph is served. While a civil servant is not satisfied with the written reply by the agency where he/she serves or served, a re-appeal may be filed with the CSPTC within 30 days from the next day after the service of the reply.

2The agency where the civil servant serves or served in the preceding paragraph refers to the agency which is in charge of the management measure or relevant working condition rendered.

1While a civil servant mistakenly files an appeal which should bea petition for deliberation, the agency with which the appeal is filed shall transfer it to the original action agency to handle in accordance with the deliberation procedure and notify the civil servant.

2While a civil servant mistakenly files with the CSPTC a re-appeal which should be a petition for deliberation, the CSPTC shall transfer it by a letter to the original action agency to handle in accordance with the deliberation procedure and notify the civil servant.

1An appeal shall be filed in writing which specifies the following items and shall be signed by or bear the seal of the appellant or his/her agent(s):

21.The name, date of birth, domicile or place of residence, National Identification Number or identification document and number, service agency, title, rank, and grade of the appellant. While there is a agent, his/her name, date of birth, occupation, domicile, place of residence or place of office, and National Identification Number or identification document and number;

32.The claims;

43.The facts and reasons;

54.The evidence;

65.The date which the management measures or relevant workingcondition were served;

76.The date of filing.

8The stipulation in the preceding paragraph shall apply mutatis mutandis to a re-appeal.

1The agency where the civil servant serves shall reply in writing with sufficient reasons with respect to the appeal case within30 days from the next day after the receipt of the appeal pleading. The period may, if necessary, be extended for 20 days, and the appellant shall be notified. In the event of no reply within the period, the appellant may file re-appeal directly.

2The reply in writing with respect to the re-appeal decisionshall have an annexed statement of notification that if there is an objection against the reply, a re-appeal may be filed withthe CSPTC within 30 days.

3The re-appeal decision shall be made within 3 months from the next day after the receipt of the re-appeal pleading. The period may, if necessary, be extended for 1 month and the re- appellant shall be notified.

1Agencies shall provide the CSPTC with the facts, reasons, and handling opinions with respect to the re-appeal case, inquired by the CSPTC, with all necessary related documents within 20 days.

2In the event of no reply by agencies within the period stipulated in the preceding paragraph, the CSPTC may make a decision directly.

1A re-appeal decision shall specify the following items:

21.The name, date of birth, the agency where the re-appellantserves, title, domicile or place of residence, National Identification Number or identification document and number of the re-appellant;

32.The re-appellant with a re-appeal agent, the agent’s name, date of birth, domicile or place of residence, and National Identification Number or identification document and number;

43.The holding, facts and reasoning. While it is a judgment of case not entertained, the facts may be omitted;

54.The agency which makes the decision and its leading officer;

65.Year, month and date;

76.The re-appeal decision by the CSPTC shall have an annexed notification that, based upon the same facts and reasons, no new re-appeal may be filed against the re-appeal decision.

The petition for deliberation procedure stipulated in Article26-42, Paragraph 3 of Article 43,Paragraph 4of Article 44, Article 46-59, Article 61-68,Paragraph 1of Article 69, Article70, Paragraph 2of Article 71, and Article 73-76 of Chapter 3 shall apply mutatis mutandis to appeal and re-appeal unlessotherwise stipulated in this Chapter.

1The CSPTC may assign Vice Minister or one to three Commissioner(s) ex officio or by request to mediate during the review of the Protection Cases.

2While a protection case is jointly filed by multiple parties, the mediation in the preceding paragraph shall not be processed unless their representative(s) obtain the written consent from all petitioners or re-appellants.

1The CSPTC shall notify in writing the petitioner, re-appellant, or his/herrepresentative or agent, and the relevant agency to undertake a mediation at the designated place on the designated date.

2The agent in the preceding paragraph shall not participate in the mediation unless a certification of the special authorization is submitted.

3While a petitioner, re-appellant or his or her representative or agent with special authorization, and relevant agencies fail to appear at the designated place on the designated date without justification, the mediation shall be deemed as unsuccessful. However, the CSPTC may designate another mediation session in case it is of the opinion that the mediation is likely successful.

4The process and result of the mediation shall be made on record, either signed by the mediation participants or, if the participant(s) refuses to sign, indicating the facts and reasons.

1While a Protection Case is successfully mediated, the CSPTC shall make a mediation agreement, specifying the following items, and notify by letter, the petitioner, re-appellant, his or her representative or agent with special authorization, and relevant agencies:

21.The name, date of birth, the agency where the petitioner or re-appellantserves, title, domicile or place of residence, National Identification Number, identification document and number of the petitioner or re-appellant;

32.The petitioner or re-appellant with a representative or agent with special authorization, the representative’s or the agent’s name, date ofbirth, domicile or place of residence, and National Identification Number, identification document and number;

43.The name of the Vice Minister and the Commissioner(s) participating in the mediation;

54.The subject of mediation;

65.The contents of the mediation agreement;

76.The place of the mediation agreed;

87.The year, month, and date of the agreed mediation.

While a Protection Case is not successfully mediated, the CSPTC shall directly make a decision pursuant to the deliberation or re-appeal procedure stipulated in this Act.

1The enforcement of the original administrative action, any management measure or relevant working condition rendered shall not be suspended by the commencement of any procedure stipulated in this Act.

2While the legality of the original administrative action is obviously suspicious, or its execution will cause irreparable damage, and urgent situations exist and there is no necessity of protecting the significant public interest, the CSPTC, the original action agency or the service agency, ex officio or by request, may suspend the execution of the originaladministrative action, management measures or relevant workingcondition rendered in whole or in part.

While the reason to suspend the execution is eliminated or there is a change of circumstances, the CSPTC, the original action agency or the service agency may, ex officio or by request, revoke the suspension of the execution.

1While a decision with respect to a Protection Case made by the CSPTC is final, it shall bind all relevant agencies. So is the mediation agreement made by the CSPTC.

2The original action agency shall reply to the CSPTC about the handling situation within 2 months from the next day the deliberation decision is final. The period may, if necessary, be extended, provided that the extension period is less than 2 months and the petitioner and the CSPTC are notified.

3The service agency shall reply to the CSPTC about the handling situation within 2 months from the next day the re-appeal decision is served. The period may, if necessary, be extended, provided that the extension period is less than 2 months and the re-appellant and the CSPTC are notified.

4While a Protection Case is successfully mediated, the original action agency or the service agency shall reply to the CSPTC about the handling situation within 2 months from the next day of the receipt of the mediation agreement.

1While the original action agency or the service agency fails to handle within the period stipulated in the preceding Article, the CSPTC shall submit evidence to and transfer to the Control Yuan the person with fault to be handled in accordance with laws. However, while the person with fault is under the junior rank, ninth-grade, the CSPTC shall notify the original action agency or the superior agency of the service agency to handle in accordance with laws.

2While the person with fault in the preceding paragraph is the head of the legislative branch, the CSPTC shall fine him/her a sum between NT$100,000 and NT$1,000,000 and publish the facts of fault.

3The fine prescribed in the preceding paragraph that has not been paid within a specific period upon the notice to do so within such a period shall be subject to compulsory enforcement in accordance with laws.

The decisions and their enforcement of the Protection cases shall be periodically published in the Government Communique and publicized on agencies’ websites.

1While one of the following situations is met, the original action agency, the service agency, the petitioner, or the re-appellant may file for a re-consideration against the final Protection Case decision to the CSPTC, except that the petitioner has already sought for remedy in the judicial agency:

21.Application of law is obviously wrong;

32.The reasons of the deliberation are obviously inconsistentwith the holding;

43.The decision agency is not constituted as stipulated by law;

54.The Commissioner(s) required to withdraw according to this Act participates in the deliberation decision;

65.The Commissioner(s) participating in the decision commits a criminal offense relating to his official duties in connection with the protection case;

76.The agent or representative of the deliberation or re-appeal case commits acrime punishable by the Criminal Law in connection with the deliberation or re-appeal, and affects the decision;

87.A witness, expert witness or interpreter makes false statements on his/her testimony, expert opinion or interpretation used as the basis of the decision;

1A petition for re-consideration shall be filed within a peremptory period of 30 days.

2The period in the preceding paragraph shall be calculated from the date when the deliberation or re-appeal decision is final. However, the period to file the petition for re-consideration shall be calculated from the time the ground for re-considerationbecame known if such ground became known at a later date.

3A petition for re-consideration shall not be filed after 5 years from the date of a final deliberation or re-appeal decision.

A petition for re-consideration shall be filed with the CSPTC in writing with statement of reasons, its duplicate, and the photocopy of the original decision and evidence.

1A petition for re-consideration may be withdrawn before theCSPTC makes a decision.

2While there is a withdrawal in the preceding paragraph, the petition for re-consideration shall not be filed upon the same reason.

The CSPTC shall make a decision of case not entertained if it finds that the procedure to file a petition for a re- consideration is unlawful.

1While the CSPTC finds a petition for re-consideration is without merits, it shall dismiss it by a decision.

2While there is a decision in the preceding paragraph, the petition for re-consideration shall not be filed upon the same reason.

While the CSPTC finds a petition for re-consideration is sustainable, it shall revoke or modify the original deliberation or re-appeal decision.

The deliberation procedure stipulated in Chapter 3, the re-appeal procedure stipulated in Chapter 4, and the execution stipulated in Chapter 6 shall apply mutatis mutandis to a petition for re-consideration unless otherwise stipulated in this Chapter.

1This Act shall apply mutatis mutandis to the following personnel:

21.The employees of public schools who are appointed but not confirmed in qualification prior to the enforcement of theAct of Governing the Appointment of Educators;

32.The personnel remaining in office but not qualified as a civil servant after a private school is converted into a public school;

43.The personnel appointed by public enterprises according to laws;

54.The personnel legally assigned, engaged, hired, employed, or remained in employment by agencies; or

65.The personnel passing the civil servant qualification examinations and participating in the training program, or finishing and passing the training program but not being assigned an official job yet.

7The Administrative Appeal Act shall be applicable to the remedy concerning the rights and interests of the personnel passing the civil servant qualification examinations and participating in the training program in Subparagraph 5 of the preceding paragraph, while having objection(s) to to the administrative action taken by the CSPTC.

While a protection case was not yet concluded until this Act is amended and takes effect, its remaining procedure shall be concluded in accordance with this Act as amended.

1This act shall come into force on the date of promulgation.

2The Examination Yuan shall determine the commencement date of Article 23 of this act, amended on May 30th, 2022.