(Articles One through Eleven were adopted by the second session of the Third National Assembly at its 32nd plenary meeting on July 18, 1997, and promulgated by the president on July 21, 1997.)
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To meet the requisites of the nation prior to national unification, the following articles of the ROC Constitution are added or amended to the ROC Constitution in accordance with Article 27, Paragraph 1, Item 3; and Article 174, Item 1: |
Article 1 | Delegates to the
National Assembly shall be elected in accordance with the
following provisions, the restrictions in Article 26 and
Article 135 of the Constitution notwithstanding: 1. Two delegates shall be elected from each Special Municipality and each county or city in the free area. However, where the population exceeds 100,000, one delegate shall be added for each additional 100,000 persons. 2. Three delegates each shall be elected from among the lowland and highland aborigines in the free area. 3. Twenty delegates shall be elected from among the citizens of the Republic of China who reside abroad. 4. Eighty delegates shall be elected from the nationwide constituency. If the number of delegates to be elected in a Special Municipality, county or city under Item 1 of the preceding paragraph is not fewer than five and not more than ten, one shall be a female delegate; where the number exceeds ten, one of each additional ten shall be a female delegate. The number of delegates to be elected under Item 3 and Item 4 of the preceding paragraph shall be determined according to a formula for proportional representation among political parties; and for every four delegates allotted to a political party, one shall be a female delegate. The powers of the
National Assembly shall be as follows, and the provisions
of Article 27, Paragraph 1, Item 1 and Item 2 of the
Constitution shall not apply: When the National Assembly meets in accordance with Item 1, or Item 4 through Item 6 of the preceding paragraph, or at the request of not fewer than two-fifths of its delegates, the session shall be convened by the president. When it meets in accordance with Item 2 or Item 3 of the preceding paragraph, the session shall be convoked by the speaker of the National Assembly. The provisions of Article 29 and Article 30 of the Constitution shall not apply. When the National Assembly convenes, it may hear a report on the state of the nation by the president, discuss national affairs, and offer counsel. In the event that the National Assembly has not convened for a period of one year, the president shall convoke a session for the aforementioned purpose, the restrictions in Article 30 of the Constitution notwithstanding. Delegates to the National Assembly shall be elected every four years. The provisions of Article 28, Paragraph 1 of the Constitution shall not apply. The National Assembly shall have a speaker and a deputy speaker who shall be elected by the delegates of the Assembly from amongst themselves. The speaker shall represent the National Assembly and preside over its meetings when that body is in session. The procedures for the exercise of powers by the National Assembly shall be determined by the Assembly itself. The provisions of Article 34 of the Constitution shall not apply. |
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Article 2 | The president and
the vice president shall be directly elected by the
entire populace of the free area of the Republic of
China. This shall be effective from the election for the
ninth-term president and the vice president in 1996. The
presidential and the vice presidential candidates shall
register jointly and be listed as a pair on the ballot.
The pair that receives the highest number of votes shall
be elected. Citizens of the free area of the Republic of
China residing abroad may return to the ROC to exercise
their electoral rights and this shall be stipulated by
law. Presidential orders to appoint or remove from office the president of the Executive Yuan or personnel appointed with the confirmation of the National Assembly or Legislative Yuan in accordance with the Constitution, and to dissolve the Legislative Yuan, do not require the countersignature of the president of the Executive Yuan. The provisions of Article 37 of the Constitution shall not apply. The president may, by resolution of the Executive Yuan Council, issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis, the restrictions in Article 43 of the Constitution notwithstanding. However, such orders shall, within ten days of issuance, be presented to the Legislative Yuan for ratification. Should the Legislative Yuan withhold ratification, the said emergency orders shall forthwith cease to be valid. To determine major policies for national security, the president may establish a national security council and a subsidiary national security bureau. The organization of the said organs shall be stipulated by law. The president may, within ten days following passage by the Legislative Yuan of a no-confidence vote against the president of the Executive Yuan, declare the dissolution of the Legislative Yuan after consulting with its president. However, the president shall not dissolve the Legislative Yuan while martial law or an emergency order is in effect. Following the dissolution of the Legislative Yuan, an election for legislators shall be held within 60 days. The new Legislative Yuan shall convene of its own accord within ten days after the results of the said election have been confirmed, and the term of the said Legislative Yuan shall be reckoned from that date. The terms of office for both the president and the vice president shall be four years. The president and the vice president may only be re-elected to serve one consecutive term; and the provisions of Article 47 of the Constitution shall not apply. Should the office of the vice president become vacant, the president shall nominate a candidate(s) within three months and convoke the National Assembly to elect a new vice president, who shall serve out the original term until its expiration. Should the offices of both the president and the vice president become vacant, the president of the Executive Yuan shall exercise the official powers of the president and the vice president. A new president and a new vice president shall be elected in accordance with Paragraph 1 of this article and shall serve out each respective original term until its expiration. The pertinent provisions of Article 49 of the Constitution shall not apply. Recall of the president or the vice president shall be motioned by one-fourth of all delegates to the National Assembly, proposed with the concurrence of two-thirds of such delegates, and passed by more than one-half of the valid ballots in a vote in which more than one-half of the electorate in the free area of the Republic of China takes part. Should a motion to impeach the president or the vice president initiated and submitted to the National Assembly by the Legislative Yuan be passed by a two-thirds majority of all delegates to the National Assembly, the party impeached shall forthwith be dismissed from office. |
Article 3 | The president of
the Executive Yuan shall be appointed by the president.
Should the president of the Executive Yuan resign or the
office become vacant, the vice president of the Executive
Yuan shall temporarily act as the president of the
Executive Yuan pending a new appointment by the
president. The provisions of Article 55 of the
Constitution shall cease to apply. The Executive Yuan shall be
responsible to the Legislative Yuan in accordance with
the following provisions; the provisions of Article 57 of
the Constitution shall cease to apply: The powers, procedures of establishment, and total number of personnel of national organizations shall be subject to standards set forth by law. The structure, system, and number of personnel of each organization shall be determined according to the policies or operations of each organization and in accordance with the law as referred to in the preceding paragraph. |
Article 4 | Beginning with the
Fourth Legislative Yuan, the Legislative Yuan shall have
225 members, who shall be elected in accordance with the
following provisions, the restrictions in Article 64 of
the Constitution notwithstanding: 1. One hundred and sixty-eight members shall be elected from the Special Municipalities, counties, and cities in the free area. At least one member shall be elected from each county and city. 2. Four members each shall be elected from among the lowland and highland aborigines in the free area. 3. Eight members shall be elected from among the Chinese citizens who reside abroad. 4. Forty-one members shall be elected from the nationwide constituency. Members for the seats set forth in Item 3 and Item 4 of the preceding paragraph shall be elected according to a formula for proportional representation among political parties. Where the number of seats for each Special Municipality, county, and city as set forth in Item 1, and for each political party as set forth in Item 3 and Item 4, is not fewer than five and not more than ten, one seat shall be reserved for a female candidate. Where the number exceeds ten, one seat out of each additional ten shall be reserved for a female candidate. Following the dissolution of the Legislative Yuan by the president and prior to the inauguration of its new members, the Legislative Yuan shall be regarded as in recess. Should the president issue an emergency order after dissolving the Legislative Yuan, the Legislative Yuan shall convene of its own accord within three days and ratify the order within seven days after the session begins. However, should the emergency order be issued after the election of new members of the Legislative Yuan, the new members shall ratify the order after their inauguration. Should the Legislative Yuan withhold ratification, the emergency order shall forthwith cease to be valid. Impeachment of the president or the vice president by the Legislative Yuan for treason or rebellion shall be initiated upon the proposal of more than one-half of all members of the Legislative Yuan and passed by more than two-thirds of all such members, whereupon it shall be submitted to the National Assembly. The provisions of Article 90 and Article 100 of the Constitution and Article 7, Paragraph 1 of the Additional Articles of the Constitution shall not apply. No member of the Legislative Yuan may, except in case of flagrante delicto, be arrested or detained without the permission of the Legislative Yuan when that body is in session. The provisions of Article 74 of the Constitution shall cease to apply. |
Article 5 | The Judicial Yuan
shall have 15 grand justices. The 15 grand justices,
including a president and a vice president of the
Judicial Yuan to be selected from amongst them, shall be
nominated and, with the consent of the National Assembly,
appointed by the president of the Republic. This shall
take effect from the year 2003, and the pertinent
provisions of Article 79 of the Constitution shall not
apply. Each grand justice of the Judicial Yuan shall serve a term of eight years, independent of the order of appointment to office, and shall not serve a consecutive term. The grand justices serving as president and vice president of the Judicial Yuan shall not enjoy the guarantee of an eight-year term. Among the grand justices nominated by the president in the year 2003, eight members, including the president and the vice president of the Judicial Yuan, shall serve for four years. The remaining grand justices shall serve for eight years. The provisions of the preceding paragraph regarding term of office shall not apply. The grand justices of the Judicial Yuan shall, in addition to discharging their duties in accordance with Article 78 of the Constitution, also form a Constitutional Court to adjudicate matters relating to the dissolution of unconstitutional political parties. A political party shall be considered unconstitutional if its goals or activities endanger the existence of the Republic of China or the nation's free and democratic constitutional order. The proposed budget submitted annually by the Judicial Yuan may not be eliminated or reduced by the Executive Yuan; however, the Executive Yuan may indicate its opinions on the budget and include it in the central government's proposed budgetary bill for submission to the Legislative Yuan for deliberation. |
Article 6 | The Examination
Yuan shall be the highest examination body of the State,
and shall be responsible for the following matters; and
the provisions of Article 83 of the Constitution shall
not apply: 1. Holding of examinations; 2. Matters relating to the qualification screening, security of tenure, pecuniary aid in case of death, and retirement of civil servants; and 3. Legal matters relating to the employment, discharge, performance evaluation, scale of salaries, promotion, transfer, commendation and award of civil servants. The Examination Yuan shall have a president, a vice president, and several members, all of whom shall be nominated and, with the consent of the National Assembly, appointed by the president of the Republic; and the provisions of Article 84 of the Constitution shall not apply. The provisions of Article 85 of the Constitution concerning the holding of examinations in different areas, with prescribed numbers of persons to be selected according to various provinces and areas, shall cease to apply. |
Article 7 | The Control Yuan
shall be the highest control body of the State and shall
exercise the powers of impeachment, censure and audit;
and the provisions of Article 90 and Article 94 of the
Constitution concerning the exercise of the power of
consent shall not apply. The Control Yuan shall have 29 members, including a president and a vice president, all of whom shall serve a term of six years. All members shall be nominated and, with the consent of the National Assembly, appointed by the president of the Republic. The provisions of Article 91 through Article 93 of the Constitution shall cease to apply. Impeachment proceedings by the Control Yuan against a public functionary in the central government, or local governments, or against personnel of the Judicial Yuan or the Examination Yuan, shall be initiated by two or more members of the Control Yuan, and be investigated and voted upon by a committee of not less than nine of its members, the restrictions in Article 98 of the Constitution notwithstanding. In the case of impeachment by the Control Yuan of Control Yuan personnel for dereliction of duty or violation of the law, the provisions of Article 95 and Article 97, Paragraph 2 of the Constitution, as well as the preceding paragraph, shall apply. Members of the Control Yuan shall be beyond party affiliation and independently exercise their powers and discharge their responsibilities in accordance with the law. The provisions of Article 101 and Article 102 of the Constitution shall cease to apply. |
Article 8 | The remuneration or pay of the delegates to the National Assembly and the members of the Legislative Yuan shall be regulated by law. Except for general annual adjustments, individual regulations on increase of remuneration or pay shall go into effect starting with the subsequent National Assembly or Legislative Yuan. |
Article 9 | The system of
self-government in the provinces and counties shall
include the following provisions, which shall be
established by the enactment of appropriate laws, the
restrictions in Article 108, Paragraph 1, Item 1; Article
109; Article 112 through Article 115; and Article 122 of
the Constitution notwithstanding: 1. A province shall have a provincial government of nine members, one of whom shall be the provincial governor. All members shall be nominated by the president of the Executive Yuan and appointed by the president of the Republic. 2. A province shall have a provincial advisory council made up of a number of members who shall be nominated by the president of the Executive Yuan and appointed by the president of the Republic. 3. A county shall have a county council, members of which shall be elected by the people of the said county. 4. The legislative powers vested in a county shall be exercised by the county council of the said county. 5. A county shall have a county government headed by a county magistrate who shall be elected by the people of the said county. 6. The relationship between the central government and the provincial and county governments. 7. A province shall execute the orders of the Executive Yuan and supervise matters governed by the counties. The terms of office of the members of the Tenth Taiwan Provincial Assembly and of the first elected governor of Taiwan Province shall end on December 20, 1998. Elections for members of the Taiwan Provincial Assembly and for the governor of Taiwan Province shall be suspended following the conclusion of the terms of office of the members of the Tenth Taiwan Provincial Assembly and of the first elected governor of Taiwan Province. Following the suspension of elections for members of the Taiwan Provincial Assembly and for the governor of Taiwan Province, modifications of the functions, operations, and organization of the Taiwan Provincial Government may be specified by law. |
Article 10 | The State shall
encourage development of and investment in science and
technology, facilitate industrial upgrading, promote
modernization of agriculture and fishery, emphasize
exploitation and utilization of water resources, and
strengthen international economic cooperation. Environmental and ecological protection shall be given equal consideration with economic and technological development. The State shall assist and protect the survival and development of private small and medium-sized enterprises. The State shall manage government-run financial organizations in line with the principles of business administration. The management, personnel, budget proposals, final budgets, and audit of the said organizations may be specified by law. The State shall promote universal health insurance and promote the research and development of both modern and traditional medicines. The State shall protect the dignity of women, safeguard their personal safety, eliminate sexual discrimination, and further substantive gender equality. The State shall guarantee for physically and mentally handicapped persons insurance, medical care, obstacle-free environments, education and training, vocational guidance, and support and assistance in everyday life, and shall also assist them to attain independence and to develop. Priority shall be given to funding for education, science, and culture, and in particular funding for compulsory education, the restrictions in Article 164 of the Constitution notwithstanding. The State affirms cultural pluralism and shall actively preserve and foster the development of aboriginal languages and cultures. The State shall, in accordance with the will of the ethnic groups, safeguard the status and political participation of the aborigines. The State shall also guarantee and provide assistance and encouragement for aboriginal education, culture, transportation, water conservation, health and medical care, economic activity, land, and social welfare. Measures for this shall be established by law. The same protection and assistance shall be given to the people of the Kinmen and Matsu areas. The State shall accord to nationals of the Republic of China residing overseas protection of their rights to political participation. |
Article 11 | Rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law. |