For your information, regarding the Ministry of Personnel Order No. 11255416671 dated March 1, 112.

Explanation:
1. In accordance with the case submitted by the Taoyuan City Government's Personnel Office to the Ministry of Personnel Order No. 11255416672 dated March 1, 112, and attached is one copy of the original order.
2. The legislative purpose of Article 15 of the Public Service Act (hereinafter referred to as the Service Act) is to ensure that public servants hold one position at a time to focus on their responsibilities, so that they can adhere to their duties and avoid affecting the execution of public duties and the exercise of their authority. Among these, the regulation that public servants, except as otherwise provided by law, shall not concurrently hold licensed professions is based on the fact that the affairs of licensed professions are professional in nature and difficult to separate from the identity of public servants. To avoid public servants from causing role confusion by engaging in licensed professions outside of their official duties, it is stipulated that such activities may only be undertaken with legal basis and with the consent of the competent authority (organization).

3. Furthermore, the Ministry of Personnel recently received inquiries from the public regarding whether public servants on suspension (leave of absence) can engage in the affairs of "licensed professions" as referred to in Article 15, Paragraph 2 of the Service Act within private institutions. After careful consideration, the Ministry believes that although suspended (on leave of absence) public servants still retain their status as public servants, they are no longer able to perform their duties. Therefore, there is no issue of role confusion caused by engaging in licensed professions. Thus, public servants on suspension (leave of absence) in accordance with the law may be employed by private institutions. The scope of such employment includes "licensed professions" as referred to in Article 15, Paragraph 2 of the Service Act, and does not require the consent or record-keeping of the competent authority (organization). However, if other professional management laws have prohibitions, such restrictions must be followed, and Article 5, 6, 7, 14, and 16 of the Service Act and other relevant provisions must not be violated.
4. The Ministry of Personnel's letters dated June 26, 84 (84台中法四字第1123765號), July 6, 90 (90法一字第2040146號), July 16, 91 (部法一字第0912161344號), and January 31, 96 (部法一字第0962757375號) electronic mail, as well as any previous interpretations of the Ministry that are inconsistent with the aforementioned order, shall cease to apply from March 1, 112.
避免影響公務之遂行及有礙其職權之行使，其中規範公務
員除法令規定外，不得兼任領證職業，係基於領證職業之
事務具有專業性質，且與公務員身分難以切割，為避免公
務員於執行職務之外，另從事領證職業之事務而造成角色
混淆，爰規定須有法令依據始得為之，並應經權責機關
（構）同意。

三、又銓敘部頃接民眾詢問公務員於停（休）職期間得否於民
間機構執行服務法第15條第2項所稱「領證職業」所為之事
務，經該部審慎衡酌後，考量停（休）職公務員雖仍具公
務員身分，惟已不得執行職務，故不發生從事領證職業造
成角色混淆之問題。是公務員依法停（休）職期間得於民
間機構任職，上開任職範圍包括服務法第15條第2項所稱
「領證職業」，且毋須經權責機關（構）同意或備查；惟
各該專業管理法律另有禁止規定者，仍應依其限制為之，
且亦不得違反服務法第5條、第6條、第7條、第14條及第16
條等相關規定。

四、銓敘部84年6月26日84台中法四字第1123765號函、90年7月
6日90法一字第2040146號書函、91年7月16日部法一字第
0912161344號書函、96年1月31日部法一字第0962757375號
電子郵件及該部歷次解釋與旨揭令釋未合部分，自112年3
月1日起停止適用。