Public Servants Administrative Neutrality Law [English Translation]

The President of the Republic of China signed the 09800141571 Order on June 10, 2009 to enact all articles of The Law, and The Law shall begin implementation on the day of the Order.

Article 1

The Law is enacted to ensure public servants administer according to law and to act in fair and neutral fashion, and to regulate public servants participating in political activities.

The Law is to regulate public servants’ administrative neutrality; if there are other laws and regulations that are stricter than The Law, other laws shall apply.

Article 2

Public Servants under The Law are defined to include all full-time employees of the public institutions and all administrative employees in public schools.

Article 3

Public servants shall strictly remain political neutral, carry out their duties according to laws and orders, loyally implement government policy and serve the people.

Article 4

Public servants shall fairly carry out their duties, and shall have no different treatment to different organizations or individuals.

Article 5

Public servants may join political parties or other political organizations, but shall not take any position in political parties or other political organizations.

Public servants shall not take part in dispute in political parties or political factions.

Public servants shall not take any position in campaign offices of candidates running for public offices.

Article 6

Public servants shall not use power, opportunities, or methods associated with their position to make others join or not join political parties or other political organizations; shall not make others participate or not participate in campaign activities of political parties or other political organizations.

Article 7

Public servants shall not during office hour or service hour take part in activities of political parties or other political organizations during the office or service hours, with the exception that those activities are associated with the implementation of his formal responsibility.

The office hour or service hour is defined as:

1. Legal working hours;
2. Adjusted working hours because of the conditions of responsibilities;
3. On duty or work overtime;
4. Training sessions, work out of office, or participation in activities associated with his responsibilities.

Article 8

Public servants shall not use power, opportunities, or methods associated with their position to demand, contract, or receive any contribution of money, objects or other profits, and shall not obstruct others from taking part in campaign fund-raising for political parties, other political organizations, or political candidates.

Article 9

Public servants shall not take part in the following political activities to show support or not support any political party, other political organization or political candidate:

1. Use administrative resources to print, pass out, or post publications, posters, fliers or to hold other related activities;
2. To hang, post, wear or to hold flags, symbols, or clothing related to political parties or other political organizations or political candidates;
3. To hold meetings, initiate rallies or to lead any petition;
4. To use name and official title in commercial advertisements in public media;
5. To give instructions to other personnel related to his position;
6. To speak for, parade with, or call for votes for election candidates;
7. Other activities jointly prohibited by Examination Yuan and Executive Yuan.

The administrative resources in clause 1 of this article is defined as the public objects, public fund, facilities and manpower that public servants can use and operate.

Article 10

Public servants shall not use power, opportunities or methods associated with their position to request others not to exercise the right to vote or to vote in a certain manner in elections, recalls, or referendum.

Article 11

Public servants shall take leave from his position from the day he/she registers as a political candidate until the polling day.

Superiors shall not reject the request of taking leaves by the above public servants.

Article 12

Public servants in charge of administrative resources shall be fair and have no discrimination when handling the application to use the resources by political parties, other political organizations, or political candidates.

Article 13

All chiefs or administrators in sections in public institutions shall prohibit visits by political parties, candidates or their supporters beginning from the day election is made official by Election Commission until the polling day; and shall post such prohibition clearly in the entrance of their offices and facilities.

Article 14

Superiors of public servants shall not request public servants to act in any manner violating activities prohibited by The Law.

Public servants can report the evidence to higher officials above the superiors when superiors violate the rule prescribed in this article. The higher officials shall deal with the report when public servants make such report; public servants may appeal to Control Yuan if higher officials fail to act upon report.

Article 15

Rights of public servants under laws shall not be unfairly treated for rejecting the activities prohibited by The Law.

Public servants may appeal to Public Servants Assurance Law or other laws when unfairly treated as prescribed in this article.

Article 17

The Law shall apply to the following personnel:

1. Principals or presidents of public schools and teachers or professors with administrative responsibilities in public schools;
2. Employees in public schools without their qualification verified before the enacting of the Education Personnel Law or employees in public schools that are originally private;
3. All professionals in public social education institutions and research personnel in pubic academic research institutions;
4. Personnel with military ranking in all administrative institutions and military officers in all education institutions or schools;
5. Personnel employed by all public institutions and public schools;
6. Personnel employed by public-owned enterprises;
7. Personnel undergoing training or taking learning programs before becoming public servants;
8. Full-time, paid personnel in public law-person institutions;
9. Members of the Board of Trustees representing government shares in private law-persons institutions.

Article 18

The Law shall apply to those political personnel required by the Constitution or other laws to be above political parties.

Article 19

The Implementation of The Law shall be drawn by Examination Yuan.

Article 20

The Law shall begin implementation on the day the Order is given and made public.