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Announcement Compilation

To inform you about the Ministry of Personnel's interpretation regarding whether civil servants can rent out their own houses and collect rent.

{{ $t('FEZ002') }} Personnel Office|

To inform you about the Ministry of Personnel's interpretation regarding whether civil servants can rent out their own properties and collect rent.

Explanation:
1. In accordance with the letter from the Ministry of Personnel dated March 19, 110 (2021), ref. No. 1105334767, as submitted by the Taoyuan City Government's Department of Personnel. A copy of the original letter is attached.

2. The Civil Service Act (hereinafter referred to as the "Act") and related interpretations involved in this case are as follows:
(1) Article 13, Paragraph 1 of the Act stipulates: "Civil servants shall not engage in commercial or speculative businesses. ..."
(2) According to the electronic mail from the Ministry of Personnel dated March 3, 101 (2012), ref. No. 1013569828, and June 25 of the same year, ref. No. 1013613750, civil servants may inherit, buy, sell, or rent out real estate. However, if they engage in commercial activities such as buying or selling or renting out real estate, regardless of whether it is in their capacity as civil servants, it violates Article 13, Paragraph 1 of the Act. The term "commercial activities such as buying or selling or renting out real estate" mentioned above, after the Ministry of Personnel consulted the Ministry of Finance and the Ministry of the Interior, refers to the following situations:
1. Civil servants buying or selling or renting out real estate, where the competent authority determines that the purpose is profit-making and subject to business tax.
2. Civil servants engaging in brokerage or agency business for buying, selling, or renting out real estate, and where the competent authority determines that they are "in business" as real estate agents.

3. Recently, the Ministry of Personnel has received numerous inquiries from the public regarding whether civil servants can rent out their own properties and collect rent. Based on the aforementioned provisions of the Act and interpretations, civil servants who simply rent out their own properties and collect rent do not violate Article 13, Paragraph 1 of the Act. However, if they engage in commercial activities such as renting out real estate as described above, it would violate the said provision, and civil servants shall not do so.
 



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