To inform you about whether personnel in charge of public works, building management, urban planning, political affairs, accounting, auditing, and procurement业务 (hereinafter referred to as "this Act") under Article 2, Paragraph 1, Item 11, and personnel concurrently holding positions under Article 2, Paragraph 1 of this Act, who are established through "task forces" in government agencies at all levels, are considered public officials under Article 2 of this Act.

Explanation:

1. In accordance with the letter from the Ministry of Justice, Fa Lian Zi No. 10805009010, dated November 25, 108 (2019), as forwarded by our government's letter, Fu Zheng Yu Zi No. 1080299902, dated November 28, 108 (2019).

2. It is understood that personnel in charge of public works, building management, and urban planning in government agencies at all levels, public enterprises, public schools at all levels, military and police academies, correctional schools, and their affiliated organizations are public officials as stipulated in Article 2, Paragraph 1, Item 11 of this Act. This Act was amended and promulgated on June 13, 107 (2018). Its legislative purpose is to prevent conflicts of interest, which differs from the "Asset Declaration Act for Public Officials" aimed at disclosing the financial status of public officials. Therefore, there is no necessity for the scope of application of this Act and the obligors for asset declaration to be consistent. This is stated first.

3. It is understood that personnel in charge of public works, building management, urban planning, political affairs, accounting, auditing, and procurement业务 under Article 2, Paragraph 1, Item 11 of this Act are regulated because these positions have a higher risk of conflicts of interest. Therefore, the term "personnel in charge" in this item refers to those who are appointed according to the organizational structure and perform supervisory duties. However, if according to Article 28 of the "Organizational Standards Act for Central Administrative Agencies," "Agencies may establish task forces based on business needs, and the personnel required shall be seconded or concurrently appointed from personnel of relevant agencies." To implement this Act's prevention of conflicts of interest in the performance of duties by public officials, personnel who actually perform supervisory duties in public works, building management, urban planning, political affairs, accounting, auditing, and procurement业务, even if they are part of a task force, should also be subject to this Act.

4. Furthermore, Article 2, Paragraph 2 of this Act clearly stipulates that personnel who legally act on behalf of public officials in performing their duties are also considered public officials under this Act during the period of performing such duties. The term "concurrently hold positions" refers to a civil servant who, in addition to their primary duties, also holds another position within a government agency, and where the other position is typically held by a full-time employee. It is common in practice for public officials to concurrently hold positions, and their authority and responsibilities are no different from those of the official position or the acting position. Therefore, personnel who concurrently hold positions as public officials under Article 2 of this Act are also considered public officials under this Act during the period of performing such duties.

5. Finally, Article 13 of the Enforcement Rules of this Act stipulates that "handling political affairs业务" as referred to in Article 2, Paragraph 1, Item 11 of this Act refers to planning integrity policies at the Ministry of Justice's Agency Against Corruption, implementing anti-corruption, corruption prevention, and anti-corruption integrity业务, and handling integrity业务 at integrity agencies at all levels. According to Article 3, Paragraph 1 of the "Regulations on the Establishment and Management of Integrity Agencies," the term "integrity agencies" refers to agencies responsible for integrity业务 in central and local government agencies (organizations) and public enterprises (hereinafter referred to as "agencies"). Article 5, Paragraph 2 states that "Agencies that do not meet the standards for establishing integrity agencies may appoint dedicated integrity personnel to handle integrity业务. Their title shall be "integrity officer," and they shall be considered equivalent to integrity agencies." Article 5, Paragraph 3 states that "For agencies that do not have dedicated integrity personnel as referred to in the preceding paragraph, integrity业务 shall be entrusted by the integrity agency of the higher-level agency to select and recommend appropriate personnel from within the agency, who shall be appointed or concurrently appointed through the integrity system." Therefore, personnel who are concurrently appointed or concurrently handle integrity业务 under Article 5, Paragraph 3 of the "Regulations on the Establishment and Management of Integrity Agencies" in agencies that have not established integrity agencies cannot be considered within the scope of Article 13 of the Enforcement Rules of this Act.

人員。本法於107年6月13日修正公布，究其立法目的在於

防止利益衝突，與公職人員財產申報法在於揭露公職人員

之財產狀況不同，故本法適用對象與財產申報義務人應無

一致規定之必要，合先敘明。

三、查本法第2條第1項第11款辦理工務、建築管理、城鄉計

畫、政風、會計、審計、採購業務之主管人員，係以較有

利益輸送之虞之職務為規範對象，故該款所稱主管人員應

指依機關編制所置並執行主管職務之主管；惟若係依中央

行政機關組織基準法第 28 條所定「機關得視業務需要設

任務編組，所需人員，應由相關機關人員派充或兼

任。」，為落實本法防止公職人員執行職務之利益衝突，

雖屬任務編組仍實際執行工務、建築管理、城鄉計畫、政

風、會計、審計、採購業務之主管人員，亦應有本法之適

用。

四、次查本法第2條第2項明定依法代理執行公職人員職務之人

員，於執行該職務期間亦屬本法之公職人員。另所謂「兼

任」，係指公務員於其本職之外，復於政府機關內另擔任

其他職務，且其所另擔任之職務本有固定之專任人員擔任

者，公職人員職務係兼任者實務上亦屬常見，且其權限職

掌與正式職司或代理該職務者亦無二致，故兼任本法第2條

公職人員職務之人員，於執行該職務期間亦屬本法之公職

人員。

五、末查本法施行細則第13條規定「本法第二條第一項第十一

款所稱辦理政風業務，指於法務部廉政署辦理廉政政策規

劃，執行反貪、防貪與肅貪之廉政業務，及於各級政風機

構辦理政風業務」，按政風機構人員設置管理條例第3條第

1項「本條例所稱政風機構，指中央與地方機關（構）及公

營事業機構（以下簡稱各機關）掌理政風業務之機構」、

第5條第2項「各機關未達設置政風機構之標準者，政風業

務得置專責政風人員辦理，其職稱為政風員，視同政風機

構。」、第5條第3項「前項未置專責政風人員者，政風業

務由上級機關政風機構委託各該機關就本機關內遴薦適當

人員，循政風系統指派兼任或兼辦」，故上開依政風機構

人員設置管理條例第5條第3項規定於未設置政風機構兼任

或兼辦政風業務之人員，尚難謂屬本法施行細則第13條規

定之範疇。