Human Resources Office Announcement
Notice - Relevant provisions of Article 14 of the Civil Service Impartiality Act and implementation recommendations for multi-stage subsidy behaviors of central and local authorities
{{ $t('FEZ002') }} Human Resources Office|
| I. | In accordance with the letter of our government, Government Affairs and Politics Bureau No. 1150255072 dated September 9, 115, and the letter of our Government Affairs and Politics Bureau, Political Affairs and Prevention Division No. 1150006924 dated September 18, 115. |
| II. | Key points of Article 14 of the Act Governing the Avoidance of Conflicts of Interest for Public Servants (hereinafter referred to as "the Act") are as follows: |
| (1) | Except for the circumstances in the proviso of Paragraph 1 of the same Article, public servants or their related persons shall not engage in subsidy, purchase, sale, lease, contracting, or other transactions with consideration with agencies or groups where the public servant serves or is supervised by. In addition, Paragraph 2 of the same Article also stipulates that before public servants or their related persons engage in subsidy or transaction activities as specified in subparagraphs 1 to 3 of Paragraph 1 with agencies or groups where they serve or are supervised by, they shall proactively and truthfully disclose their identity relationship; within 30 days after the subsidy or transaction is established, the agency or group shall proactively disclose it along with their identity relationship. |
| (2) | It is recommended that the procurement, transaction units, or subsidy business units of agencies add a reminder in the bidding or application documents related to transactions or subsidies, stating that if the bidder or subsidy recipient has an identity relationship, they must fulfill the obligation of prior disclosure, and the penalties for violation, and provide an identity relationship disclosure form for them to fill out. |
| III. | The executive recommendations for the application of Article 14 of the Act to multi-stage subsidy behaviors of central and local government agencies are summarized as follows: |
| (1) | Multi-stage subsidy behavior of central and local government agencies refers to the situation where a central agency, after formulating a subsidy plan and allocating a subsidy budget for the implementation of subsidy policies, forwards the subsidy plan to local governments, which are responsible for accepting applications and reviewing the basic information, eligibility, etc., of the applicants. After the review, the central agency reviews and approves the subsidy to the applicant, and after the applicant passes the acceptance inspection, the subsidy is disbursed to the applicant. |
| (2) | The determination of the "subsidy agency" should be based on which agency has the discretionary power and substantive review authority for the subsidy approval: this refers to the administrative agency's review of the core constituent elements of the subsidy case, the truthfulness of the application content, whether the subsidy is in line with policy objectives, and the determination of the subsidy amount or the ranking of subsidy priority. Conversely, if the administrative agency only reviews the formal requirements such as whether the subsidy application documents are complete, whether they are submitted within the statutory application period, and whether supporting documents are attached, it falls within the scope of formal review. If, in a specific case, both central and local government agencies have substantive review authority for the subsidy, then both the central and local government agencies are subsidy agencies. |
| (3) | If the subsidy behavior is carried out through public and fair means, the "subsidy agency" shall handle the subsidy announcement. However, if either the central or local government agency announces the relevant subsidy information, it is sufficient to enable unspecified subsidy recipients to obtain equal access to information, which complies with the legislative intent of subparagraph 3 of Paragraph 1 of Article 14 of the Act. |
| (4) | Related persons shall handle the prior disclosure of identity relationship as stipulated in Paragraph 2 of Article 14 to the "subsidy application receiving agency"; the "subsidy agency" shall handle the post-disclosure of identity relationship as stipulated in Paragraph 2 of Article 14. |
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{{ $t('FEZ003') }} Invalid date
{{ $t('FEZ014') }} 1797-04-18|
{{ $t('FEZ004') }} 2026-11-12|
{{ $t('FEZ005') }} 17|