{{ $t('FEZ002') }} Personnel Office|
For your information, regarding the "subsidies handled through public and fair means in accordance with laws and regulations for the related persons of public officials" as referred to in Article 14, Paragraph 1, Proviso 3 of the Act on Prevention of Conflicts of Interest for Public Officials (hereinafter referred to as "the Act"), the Ministry of Justice's letter No. Fa Lian Zi Di 10800074540 dated November 14, 108 (2019) provides supplementary explanations in Section 3 below.
Explanation:
1. In accordance with the Taoyuan City Government's letter No. Fu Zheng Yu Zi Di 1110213134 dated August 8, 111 (2022), which forwarded the Ministry of Justice's letter No. Fa Lian Zi Di 11105003910 dated July 29, 111 (2022).
2. Article 14, Paragraph 1 of the Act stipulates that "Public officials or their related persons shall not engage in subsidies, sales, leases, contracts, or other transactions with consideration with agencies or groups where the public officials serve or are supervised by." However, if the subsidy to the related persons of public officials is handled through public and fair means in accordance with laws and regulations, it can prevent the occurrence of benefit transfer due to the "black box" nature of subsidy applications, placing the related persons of public officials in an equal position with the general public in terms of obtaining information on subsidies from agencies and groups. Therefore, it is an exception to the prohibition stipulated in Article 14, Paragraph 1, Proviso 3 of the Act.
3. According to the intent of the Ministry of Justice's letter No. Fa Lian Zi Di 10800074540 dated November 14, 108 (2019) (attached), regarding the "handled through public and fair means" as referred to in Article 14, Paragraph 1, Proviso 3 of the Act and Article 25, Paragraph 2 of the Enforcement Rules of the Act, agencies and groups shall, before accepting subsidy applications, publicly disclose "subsidy items," "application period," "eligibility criteria," "review methods," "maximum subsidy amount for individual recipients," and "estimated total budget amount" through telecommunications networks or other means that allow the public to know.
4. Regarding the "maximum subsidy amount for individual recipients" and "estimated total budget amount" that should be publicly disclosed for subsidies "handled through public and fair means," given the wide variety of subsidy items and types handled by various agencies, there may be practical difficulties in disclosing information for some subsidy cases. Therefore, supplementary explanations are provided below for "maximum subsidy amount for individual recipients" and "estimated total budget amount" respectively:
(1) Regarding "maximum subsidy amount for individual recipients": If an agency or group, in accordance with its subsidy regulations, can only specify the maximum subsidy ratio for an application plan but not a specific maximum subsidy amount when accepting applications, and if the maximum subsidy ratio is stated in the announcement, it does not affect the determinability of the amount and cannot be considered a violation of the spirit of "handled through public and fair means."
(2) Regarding "estimated total budget amount": If an agency or group, for regular or general subsidies, cannot determine the estimated total budget amount at the time of accepting applications due to reasons such as the subsidy budget not yet being approved or allocated, it may not disclose the estimated total budget amount, provided that other subsidy information has been fully disclosed and does not affect the fairness of information acquisition for subsidy applicants.
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{{ $t('FEZ003') }} Invalid date
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{{ $t('FEZ004') }} 2022-08-15|
{{ $t('FEZ005') }} 1251|