Announcement Compilation
Notice - Relevant provisions of Article 14 of the Civil Service Impartiality Act and implementation suggestions for multi-stage subsidy behaviors of central and local authorities
{{ $t('FEZ002') }} Human Resources Office|
| I. | In accordance with the letter of the Provincial Government dated September 9, 115, Ref. No. 1150255072 and the letter of the Provincial Government's Department of Political Affairs dated September 18, 115, Ref. No. 1150006924. |
| 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, contract, or other transactions with consideration with agencies or organizations for which the public servant serves or supervises. In addition, Paragraph 2 of the same Article 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 organizations for which they serve or supervise, they shall proactively and truthfully declare their identity relationship; within 30 days after the subsidy or transaction is established, the agency or organization shall proactively disclose it along with their identity relationship. |
| (2) | It is recommended that procurement, transaction units, or subsidy business units of agencies include in the bidding or application documents for transactions or subsidies a reminder that if the bidding廠商 or subsidy recipient has an identity relationship, they must fulfill the obligation of prior disclosure, and a reminder of 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 behaviors of central and local government agencies refer to situations where a central agency, after formulating a subsidy plan and allocating a subsidy budget for the implementation of a subsidy policy, 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 for subsidy approval and the substantive review power for the purpose of the subsidy. 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 prioritization of subsidy approval. 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 power for the purpose of the subsidy, then both the central and local government agencies are considered subsidy agencies. |
| (3) | If the subsidy behavior is carried out through public and fair means, the "subsidy agency" should conduct 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 is in line with the legislative intent of subparagraph 3 of the proviso of Paragraph 1 of Article 14 of the Act. |
| (4) | Related persons shall perform the prior disclosure of identity relationship as stipulated in Paragraph 2 of Article 14 to the "subsidy application receiving agency"; the "subsidy agency" shall perform 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') }} 14|