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Department of Finance

Regulations

Taipei City Government Ethics Regulations for Civil Servants (Revision)

Article 1
These Regulations are prescribed by Taipei City Government (hereinafter referred to as "the Government") on the disposal of lobbying, presents, and banquets for the purpose of renovating the political atmosphere and ensuring public trust in the servants of the Government in performing their duties.

Article 2
"Civil servants" referred to in these Regulations means the personnel of the Government who handle public affairs according to the law.

Article 3
"Etiquette in official business" referred to in these Regulations means the activities conducted according to manners, traditions, or social customs for the necessity of performing official duties in visits at home or abroad, receptions of foreign guests, in promotion of business, and in communication and coordination.

Article 4
"Interested parties" referred to in these Regulations means the individuals, legal persons, associations, or other organizations that have any of the following relations with the government or any of its subordinate units:
(1) Business relation, commanding, supervision, or subsidization.
(2) Be seeking, processing, or have signed a sales (or other) contract.
(3) Will be imposed with beneficial or unbeneficial effect due to execution or inexecution of duty.

Article 5
"Normal social custom and etiquette standard" referred to in these Regulations means the presents offered by the public with a market price of not more than NTD3,000 or the total presents received from the same presenter in one year with a total value of not more than NTD5,000.

Article 6
Civil servants shall perform their duties according to law and must not impose different treatment without due reason or seek undue benefit for themselves or any third party by virtue of the power, opportunity, or method of duty.

Article 7
"Lobbying" referred to these Regulations means the action that the party concerned or its representatives bring forward in connection with the decision made by the Government on a specific issue or execution/inexecution of a decision, favorable for itself or unfavorable for any third party in writing, orally or by other means, and illegality or undue effect on specific right or obligation will be caused.

Article 8
When encountering lobbying, civil servants shall report it to the director and inform the unit in charge of civil-service ethics within 3 days.

Where the lobbying is not in writing, written records shall be made to record the name and status of the lobbyer and the time, place, means, and content of the lobbying.

Article 9
When encountering lobbying, if it is difficult to judge whether it is illegal or will cause undue effect, the civil servants may handle the case as prescribed in the preceding article.

Article 10
"Acceptance of property or goods" referred to in these Regulations means to ask for, expect, or accept property or goods, or other rights and benefits with economic value gratis or at an unfair price.

Article 11
Civil servants may not ask for, expect, or accept presents from any interested party. However, under the following circumstances, this shall not apply if the action occurs only occasionally and will not affect the right and obligation of any specialized person:
(1) Where the present is allowable in the etiquette of official business.
(2) Where the present is for encouragement, assistance, or comfort.
(3) Where the present is provided due to the betrothal, marriage, childbirth, movement, accession, promotion, transfer, retirement, or resignation of a civil servant; or illness, injury or death of the civil servant himself/herself or his/her spouse or linear relatives.
(4) Where the present is compiled with social etiquette or custom.
(5) Where the market price of the present from an interested party is not more than NTD100, or, if presents are sent to most of the servants in a government agency, the total market price is not more than NTD500.

Article 12
Upon receipt of presents, civil servants shall dispose of them in accordance with the following provisions:
(1) Where the presenter is an interested party, refuse or return the present except in the cases prescribed in proviso of the preceding article, report it to the director, and inform the unit in charge of civil-service ethics. If it is difficult to return the present, report it to the director and hand the present to the unit in charge of civil-service ethics for disposal within 3 days of receipt. The civil servant may donate it to a charity or dispose of it in another proper way.
(2) Under the circumstances prescribed in Subparagraph 4 of the preceding article, report to the director and inform the unit in charge of civil-service ethics.
(3) For presents not concerned with performance of duty but with a market price of more than the normal social custom and etiquette standard, except those offered by relatives or close friends, report it to the director within 3 days of receipt, and inform the unit in charge of civil-service ethics if necessary.

Article 13
Under any of the following circumstances it will be deemed that the civil servant conducts the action in his/her own name:
(1) Where a linear blood relative, spouse, or family member sharing property and living together asks for, expects, or accepts property or goods.
(2) Where property or goods are asked for, expected, or accepted by a third party and then transferred to the civil servant.

Article 14
"Attending banquet" referred to in these Regulations means civil servants attending a banquet or other social activity held by an interested party where it is improper for their status or position, or would appear wrongful and thus negatively affect the clean image of the government or one of its agencies.

Article 15
Civil servants shall refuse invitations to banquets or other social activities sponsored by interested parties. However, this shall not apply under any of the following circumstances:
(1) Where it is really necessary to attend due to the requirements of official business or international etiquette and it is held in a place the public may access.
(2) Where a company invites the government to dispatch representatives to attend meetings or activities held in due places for the requirements of official business.
(3) Where common persons are invited to attend the public activity.
(4) Where the banquet or activity is an encouragement or solicitude expressed by upper-level officers to their subordinates.
(5) Where the banquet is held for the betrothal, marriage, childbirth, movement, accession, promotion, transfer, retirement, or resignation of a civil servant and its market price is not more than the normal social custom and etiquette standard.

Article 16
On the occurrence of circumstances prescribed in Subparagraph 2 or 3 of the preceding paragraph, the civil servant shall first report to the director and inform the unit in charge of civil-service ethics. This shall also apply where the banquet is not held by an interested party but is unfit for the status or position of the civil servant.

Article 17
Where a government agency holds banquets or other activities, the following provisions shall be observed:
(1) If any interested party other than an upper-level officer is invited, attention shall be paid to the justness and reasonableness of the invited persons and attendees and that the tenet of the activity is satisfied.
(2) If lottery or exchange of presents is held in the banquet or activity, it shall be based on the free will of the attendees and equivalent opportunities of lottery or exchange of presents shall be provided.
(3) The value of the lottery bonus or presents referred to in the preceding subparagraph shall be not more than the normal social custom and etiquette standard.

Article 18
During a business trip or meeting for execution of inspection, investigation, or supervision, civil servants may not accept any invitation to a banquet or other social activity except refreshments and the simple food, accommodation, and transportation necessary for the performance of duty.

Article 19
Where the unit in charge of civil service ethics shall be informed according to these Regulations, the notification may be conducted orally or in writing.

Article 20
Civil servants who become aware of defalcation shall present it to the governing officer or the unit in charge of civil-service ethics.
Upon finding infringement of these Regulations, civil servants may notify the governing officer or unit in charge of civil-service ethics.

Article 21
The affairs that should be handled by the unit in charge of civil-service ethics as prescribed in these Regulations shall be handled by the personnel concurrently handling civil-service affairs or other personnel designated by the principal if the government agency (institution) or school to which the civil servant belongs has not set a unit in charge of civil-service ethics, and the personnel designated by the principal shall report the case to the upper-level unit in charge of civil-service ethics for disposal.

Article 22
Review groups may be established temporarily to carry through these Regulations, and the members may include representatives from the Personnel Department; Department of Civil Service Ethics; Legal Affairs Committee; Research, Development and Evaluation Committee; Appeals Review Committee; and Secretariat of the Government. The Department of Civil Service Ethics shall take charge of the secretary affairs, examine the disputes covered in the scope of application of these Regulations, and bring forward suggestions on revision of these Regulations.

Article 23
Where it is confirmed through investigation that a civil servant offends these Regulations, punishment will be imposed in accordance with relevant provisions depending on the severity of the circumstance.

Article 24
These Regulations shall take effect on August 1, 2000.