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3. Should the office of the vice president become vacant, the president shall nominate candidates within three months and convoke the National Assembly to elect a new vice president, who shall serve out the original term until its expiration. Following the dissolution of the Legislative Yuan, an election for legislators shall be held within 60 days. 29. constituteproject.org PDF generated: 17 Jul 2014, 14:51 Taiwan 1947 (rev. The speaker shall represent the National Assembly and preside over its meetings when that body is in session. When the Legislative Yuan convenes each year, it may hear a report on the state of the nation by the president. The president and the vice president shall be directly elected by the entire populace of the free area of the Republic of China. The State affirms cultural pluralism and shall actively preserve and foster the development of aboriginal languages and cultures. The Judicial Yuan shall have 15 grand justices. Legal matters relating to the employment, discharge, performance evaluation, scale of salaries, promotion, transfer, commendation and award of civil servants. The final recall must be passed by more than one-half of the valid ballots in a vote in which more than one-half of the electorate in the free area of the Republic of China takes part. The constitution, along with its Additional Articles, remains effective in ROC-controlled territories. The powers of the National Assembly shall be as follows, and the provisions of Article 27, Paragraph 1, Item 1 and Item 2 of the Constitution shall not apply: 1. The provisions of Article 174 of the Constitution shall not apply. . 2. The Examination Yuan shall be the highest examination body of the State, and shall be responsible for the following matters; and the provisions of Article 83 of the Constitution shall not apply: The Examination Yuan shall have a president, a vice president, and several members, all of whom shall be nominated and, with the consent of the Legislative Yuan, appointed by the president of the Republic; and the provisions of Article 84 of the Constitution shall not apply. Forty-one members shall be elected from the nationwide constituency. Template:Chinese. Should the president issue an emergency decree after dissolving the Legislative Yuan, the Legislative Yuan shall convene of its own accord within three days to vote on the ratification of the decree within seven days after the session begins. The National Assembly shall meet in accordance with Item 1, or Item 4 through Item 6 of the preceding paragraph; or at the request of no fewer than two-fifths of its delegates through the convocation of the president. When the National Assembly convenes, it may hear a report on the state of the nation by the president, discuss national affairs, and offer counsel. Should the offices of both the president and the vice president become vacant, the president of the Executive Yuan shall exercise the official powers of the president and the vice president. Should the Executive Yuan deem a statutory, budgetary, or treaty bill passed by the Legislative Yuan difficult to execute, the Executive Yuan may, with the approval of the president of the Republic and within ten days of the bill's submission to the Executive Yuan, request the Legislative Yuan to reconsider the bill. Additional Articles of the Constitution of the Republic of China (1994), Additional Articles of the Constitution of the Republic of China (1999), http://taiwaninfo.nat.gov.tw/fp.asp?xItem=408&CtNode=124, https://en.wikisource.org/w/index.php?title=Additional_Articles_of_the_Constitution_of_the_Republic_of_China_(1997)&oldid=9511687, Creative Commons Attribution-ShareAlike License. The provisions of Article 74 of the Constitution shall cease to apply. The provisions of Article 34 of the Constitution shall not apply. 3. 4. The Examination Yuan shall be the highest examination body of the State, and shall be responsible for the following matters; and the provisions of Article 83 of the Constitution shall not apply: 2. At least one member shall be elected in each county and city. This will take effect from the year 2003, and the provisions of Article 79 of the Constitution shall not apply. A political party shall be considered unconstitutional if its goals or activities endanger the existence of the Republic of China or the nation's free and democratic constitutional order. The revised Additional Articles promulgated on July 21, 1997 would remain in effect. However, should the emergency decree be issued after the election of new members of the Legislative Yuan, the new members shall vote on the ratification of the decree after their inauguration. This page was last edited on 15 October 2019, at 02:05. The State protects the lawful … Use features like bookmarks, note taking and highlighting while reading The Constitution of the Republic of China (Taiwan). A county shall have a county council, members of which shall be elected by the people of the said county. Should more than one-half of the total number of Legislative Yuan members approve the motion, the president of the Executive Yuan shall tender his resignation within ten days, and at the same time may request that the president dissolve the Legislative Yuan. The State shall also guarantee and provide assistance and encouragement for aboriginal education, culture, transportation, water conservation, health and medical care, economic activity, land, and social welfare, measures for which shall be established by law. However, such orders shall, within ten days of issuance, be presented to the Legislative Yuan for ratification. Priority shall be given to funding for education, science, and culture, and in particular funding for compulsory education, the restrictions prescribed in Article 164 of the Constitution notwithstanding. The president may, by resolution of the Executive Yuan Council, issue emergency decrees and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis, the restrictions in Article 43 of the Constitution notwithstanding. The National Assembly shall have a speaker and a deputy speaker who shall be elected by the delegates of the Assembly from amongst themselves. Except for general annual adjustments, individual provisions on increase of remuneration or pay shall take effect starting with the subsequent Legislative Yuan. The president of the Executive Yuan shall be appointed by the president. The legislative powers vested in a county shall be exercised by the county council of the said county. Revisions to Articles 1, 2, 4, 5, and 8 of, and addition of Article 12 to, the Additional Articles of the Constitution of the Republic of China, proposed and announced by the Legislative Yuan on August 26, 2004, adopted by the Fourth National Assembly on June 7, 2005, and promulgated by the president on June 10, 2005. The election of members of the Legislative Yuan shall be completed within three months prior to the expiration of each term, in accordance with the following provisions, the restrictions in Article 64 and Article 65 of the Constitution notwithstanding: Members for the seats set forth in Subparagraph 1 of the preceding paragraph shall be elected in proportion to the population of each Special Municipality, county, or city, which shall be divided into electoral constituencies equal in number to the number of members to be elected. The 15 grand justices, including a president and a vice presi dent of the Judicial Yuan to be selected from from amongst them, shall be nominated and, with the consent of the National Assembly, appointed by the president of the Republic. The management, personnel, budget proposals, final budgets, and audit of the said organizations may be specified by law. Priority shall be given to funding social relief and assistance, and employment for citizens. The remaining grand justices shall serve for eight years. 3. Delegates to the National Assembly shall be elected in accordance with the following provisions, the restric tions in Article 26 and Article 135 of the Constitution notwithstanding: 1. A political party shall be considered unconstitutional if its goals or activities endanger the existence of the Republic of China or the nation's free and democratic constitutional order. When it meets to exercise the powers prescribed in Item 2 or Item 3 of the preceding paragraph, the session shall be convoked by the speaker of the National Assembly. 3. The organization of the said organs shall be stipulated by law. The State shall accord to nationals of the Republic of China residing overseas protection of their rights of political participation. The State shall accord to nationals of the Republic of China residing overseas protection of their rights to political participation. This shall be effective from the election for the ninth-term president and vice president in 1996. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs. The president may, within ten days following passage by the Legislative Yuan of a no-confidence vote against the president of the Executive Yuan, declare the dissolution of the Legislative Yuan after consulting with its president. Constitution Of Republic Of China and the Additional Articles, 1947 Constitution Of Republic Of China and the Additional Articles, adopted by the National Assembly on December 25, 1946, promulgated by the national government on January 1, 1947, and effective from December 25, 1947 December 25, 1947 2. Impeachment of the president or the vice president by the Legislative Yuan shall be initiated upon the proposal of more than one-half of the total members of the Legislative Yuan and passed by more than two-thirds of the total members of the Legislative Yuan, whereupon it shall be presented to the grand justices of the Judicial Yuan for adjudication. It was promulgated by the National Government on January 1, 1947, and put into effect on December 25 of the same year. Article 1 The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people. The legislative powers vested in a county shall be exercised by the county council of the said county. Following the dissolution of the Legislature by the president and prior to the inauguration of new members, the Legisla ture shall be regarded as in recess. This shall be effective from the election for the ninth-term president and vice president in 1996. The Executive Yuan has the duty to present to the Legislative Yuan a statement on its administrative policies and a report on its administration. 2. A province shall have a provincial government of nine members, one of whom shall be the provincial governor. Following the suspension of elections for members of the Taiwan Provincial Assembly and for the governor of Taiwan Province, modifications of the functions, operations, and organization of the Taiwan Provincial Government may be specified by law. Should the no-confidence motion fail, the Legislative Yuan may not initiate another no-confidence motion against the same president of the Executive Yuan within one year. Article 2 The sovereignty of the Republic of China shall reside in the whole body of citizens. The president and the vice president may only be re-elected to serve one consecutive term; and the provisions of Article 47 of the Constitution shall not apply. The provisions of Article 55 of the Constitution shall cease to apply. No member of the Legislative Yuan may, except in case of flagrante delicto, be arrested or detained without the permis sion of the Legislative Yuan when that body is in session. To amend the Constitution in accordance with Article 27, Paragraph 1, Item 3 and Article 174, Item 1 of the Constitu tion. However, should the emergency order be issued after the election of new members to the Legislative Yuan, the new members shall ratify the order after their inauguration. The structure, system, and number of personnel of each organization shall be determined according to the policies or operations of each organization and in accordance with the law as referred to in the preceding paragraph. The president and vice president shall be directly elected by the entire populace of the free area of the Repub lic of China. Article 8. Seventy-two hours after the no-confidence motion is made, an open-ballot vote shall be taken within 48 hours. Should more than one-half of the total number of Legislative Yuan members approve the motion, the president of the Executive Yuan shall tender his resignation within ten days, and at the same time may request that the president dissolve the Legislative Yuan. The Control Yuan shall be the highest control body of the State and shall exercise the powers of impeachment, censure and audit; and the pertinent provisions of Article 90 and Article 94 of the Constitution concerning the exercise of the power of consent shall not apply. Matters relating to the qualification screening, security of tenure, pecuniary aid in case of death, and retirement of civil servants; and. the National Assembly of the Republic of China, Additional Articles of the Constitution of the Republic of China (2000), https://web.archive.org/web/20060712040715/http://www.gio.gov.tw/info/news/additional.htm, https://en.wikisource.org/w/index.php?title=Additional_Articles_of_the_Constitution_of_the_Republic_of_China_(2005)&oldid=9652742, Creative Commons Attribution-ShareAlike License. Additional Articles To meet the requisites of the nation prior to national unification, the following articles of the ROC Constitution are added or amended to the ROC Constitution in accordance with Article 27, Paragraph 1, Item 3; and Article 174, Item 1: The Constitution of the Republic of China (Taiwan). The Constitution of 1954 was the first constitution of socialism in China. The State affirms cultural pluralism and shall actively preserve and foster the development of aboriginal languages and cultures. The pertinent provisions of Article 49 of the Constitution shall not apply. The grand justices serving as president and vice president of the Judicial Yuan shall not enjoy the guarantee of an eight-year term. Citizens of the free area of the Republic of China residing abroad may return to the ROC to exercise their electoral rights and this shall be stipulated by law. The provisions of Article 101 and Article 102 of the Constitution shall cease to apply. Additional Articles of the Constitution of the Republic of China (2005) Article 2. The proposed budget submitted annually by the Judicial Yuan may not be eliminated or reduced by the Executive Yuan; however, the Executive Yuan may indicate its opinions on the budget and include it in the central government's proposed budgetary bill for submission to the Legislative Yuan for deliberation. . All members shall be nominated and, with the consent of the Legislative Yuan, appointed by the president of the Republic. A province shall have a provincial government of nine members, one of whom shall be the provincial governor. Recall of the president or the vice president shall be initiated upon the proposal of one-fourth of all members of the Legislative Yuan, and also passed by two-thirds of all the members. Article 1 The People’s Republic of China is a socialist state governed by a people’s democratic dictatorship that is led by the working class and based on an alliance of workers and peasants. Should the Legislative Yuan withhold ratification, the said emergency decrees shall forthwith cease to be valid. The electronic text was acquired from the The Wiretap Electronic Text Archive and was marked up for Web display by Steve Mount.If you are aware of any changes to the Constitution that are not reflected on this page, please let us know. The State shall promote universal health insurance and promote the research and development of both modern and traditional medicines. Elections for members of the Taiwan Provincial Assembly and for the governor of Taiwan Province shall be suspended following the conclusion of the terms of office of the members of the Tenth Taiwan Provincial Assembly and of the first elected governor of Taiwan Province. Members for the seats set forth in Subparagraph 3 shall be elected from the lists of political parties in proportion to the number of votes won by each party that obtains at least 5 percent of the total vote, and the number of elected female members on each party's list shall not be less than one-half of the total number. . In the constitution of 1954, it includes the Preamble, four chapters, 106 articles, and it defines “the national flag of People’s Republic of China is a red flag with 5 stars” (Art 104); “the national emblem of the People’s Republic of China … The provi sions of Article 57 of the Constitution shall cease to apply. Should more than one-half of the total number of Legislative Yuan members uphold the original bill, the president of the Executive Yuan shall immediately accept the said bill. The provisions of Article 85 of the Constitution concerning the holding of examinations in different areas, with prescribed numbers of persons to be selected according to various provinces and areas, shall cease to apply. With the signatures of more than one-third of the total number of Legislative Yuan members, the Legislative Yuan may propose a no-confidence vote against the president of the Executive Yuan. The State shall promote universal health insurance and promote the research and development of both modern and traditional medicines. Revised by the fifth session of the Third National Assembly on April 24, 2000, and promulgated by the president on April 25, 2000. . The grand justices serving as president and vice president of the Judicial Yuan shall not enjoy the guarantee of an eight-year term. The provisions of Article 74 of the Constitution shall cease to apply. The provisions of the preceding paragraph regarding term of office shall not apply. Members of the Control Yuan shall be beyond party affiliation and independently exercise their powers and discharge their responsibilities in accordance with the law. To determine major policies for national security, the president may establish a national security council and a subsidiary national security bureau. The provisions of Articles 25 through 34 and Article 135 of the Constitution shall cease to apply. The State shall protect the dignity of women, safeguard their personal safety, eliminate sexual discrimination, and further substantive gender equality. . The provisions of Article 101 and Article 102 of the Constitution shall cease to apply. Delegates of the National Assembly shall be elected every four years. Should the Legislative Yuan not reach a resolution within the said period of time, the original passage of the bill shall become invalid. Additional Articles of the Constitution of the Republic of China (1997) Article 1. Assembly. All members shall be nominated and, with the consent of the National Assembly, appointed by the president. Each grand justice of the Judicial Yuan shall serve a term of eight years, independent of the order of appointment to office, and shall not serve a consecutive term. In the event that the National Assembly has not convened for a period of one year, the president shall convoke a meeting for the aforementioned purpose, the restrictions in Article 30 of the Constitution notwithstanding. Environmental and ecological protection shall be given equal consideration with economic and technological development. The socialist system is the fundamental system of the People’s Republic of China.� 499 on March 24, 2000, announced that the Additional Articles of the Constitution approved on September 15, 1999, were void, effective immediately. The procedures for the exercise of powers by the National Assembly shall be determined by the Assembly itself. The grand justices of the Judicial Yuan shall, in addition to discharging their duties in accordance with Article 78 of the Constitution, also form a Constitutional Court to adjudicate matters relating to the dissolution of unconstitutional political parties. The State shall, in accordance with the will of the ethnic groups, safeguard the status and political participation of the aborigines. A province shall execute the orders of the Executive Yuan and supervise matters governed by the counties. The president may, within ten days following passage by the Legislative Yuan of a no-confidence vote against the president of the Executive Yuan, declare the dissolution of the Legislative Yuan after consulting with its president. The State shall guarantee for physically and mentally handicapped persons insurance, medical care, obstacle-free envi ronments, education and training, vocational guidance, and support and assistance in everyday life, and shall also assist them to attain independence and develop. Eight members shall be elected from among the Chinese citizens who reside abroad. The terms of office for both the president and the vice president shall be four years. The Additional Articles of the Constitution of the Republic of China (Chinese: 中華民國憲法增修條文) are the revisions and constitutional amendments to the original constitution to meet the requisites of the nation and the political status of Taiwan. China is one of the countries with the longest histories in the world. The revision of the Additional Articles of the Constitution of the Republic of China was approved by the fifth session of the Third National Assembly on April 24, 2000, and promulgated by the president on April 25, 2000. The provisions of Article 91 through Article 93 of the Constitution shall cease to apply. China (People’s Republic of) 1982 (rev. 2004) Page 6 • Duty to obey the constitution Article 5 The People's Republic of China exercises power in accordance with the law and establishes a socialist country under the rule of law. However, the president shall not dissolve the Legislative Yuan while martial law or an emergency order is in effect. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs. The Additional Articles of the Constitution of the Republic of China . Article 2. In the case of impeachment by the Control Yuan of Control Yuan personnel for dereliction of duty or violation of the law, the provisions of Article 95 and Article 97, Paragraph 2 of the Constitution, as well as the preceding paragraph, shall apply. To confirm, in accordance with Article 5, Paragraph 1; Article 6, Paragraph 2; and Article 7, Paragraph 2 of the Additional Articles, the appointment of personnel nominated by the president. The State shall encourage development of and investment in science and technology, facilitate the upgrade of industry, promote the modernization of agriculture and fishery, emphasize the exploitation and utilization of water resources, and strengthen international economic cooperation. The remaining grand justices shall serve for eight years. The system of self-government in the provinces and counties shall include the following provisions, which shall be established by the enactment of appropriate laws, the restrictions in Article 108, Paragraph 1, Item 1; Article 109; Article 112 through Article 115; and Article 122 of the Constitution notwithstanding: 1. To elect the vice president in accordance with Article 2, Paragraph 7 of the Additional Articles when the said office becomes vacant. Should the Legislative Yuan be in recess, it shall convene of its own accord within seven days and reach a resolution within 15 days after the session begins. . Disruption of the socialist system by any organization or individual is prohibited. The powers, procedures of establishment, and total number of personnel of national organizations shall be subject to regulation under the guiding principles of the law. With the signatures of more than one-third of the total number of Legislative Yuan members, the Legislative Yuan may propose a no-confidence vote against the president of the Executive Yuan. The president of the Executive Yuan shall be appointed by the president. However, such decrees shall, within ten days of issuance, be presented to the Legislative Yuan for ratification. 1. Seventy-two hours after the no-confidence motion is made, an open-ballot vote shall be taken within 48 hours. To determine major policies for national security, the president may establish a national security council and a subsidiary national security bureau. It was Adopted by the National Constituent Assembly on 25 December 1946, and went into effect on 25 December 1947. Environmental and ecological protection shall be given equal consideration with economic and technological develop ment. Should more than one-half of the total number of Legislative Yuan members uphold the original passage of the bill, the president of the Executive Yuan shall immediately accept the said bill. The pair that receives the highest number of votes shall be elected. The territory of the Republic of China, defined by its existing national boundaries, shall not be altered unless initiated upon the proposal of one-fourth of the total members of the Legislative Yuan, passed by at least three-fourths of the members present at a meeting attended by at least three-fourths of the total members of the Legislative Yuan, and sanctioned by electors in the free area of the Republic of China at a referendum held upon expiration of a six-month period of public announcement of the proposal, wherein the number of valid votes in favor exceeds one-half of the total number of electors. The State shall assist and protect the survival and development of private small and medium-sized enterprises. The same protection and assistance shall be given to the people of the Kinmen and Matsu areas. 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