Constitution of R.O.C.



Chapter I. GENERAL PROVISIONS



Chapter II. RIGHTS AND DUTIES OF THE PEOPLE



Chapter III. THE NATIONAL ASSEMBLY



Chapter IV. THE PRESIDENCY



Chapter V. ADMINISTRATION



Chapter VI. LEGISLATION


Chapter VII. LEGISLATION



Chapter VIII. EXAMINATION



Chapter IX. CONTROL



CHAPTER X. POWERS OF THE CENTRAL AND LOCAL GOVERNMENTS






Chapter XI. SYSTEM OF LOCAL GOVERNMENT


Section 1. THE PROVINCE


Chapter XII. ELECTION, RECALL, AND REFERENDUM



Chapter XIII. FUNDAMENTAL NATIONAL POLICES


Section 1. NATIONAL DEFENSE

Chapter XIV. ENFORCEMENT AND AMENDMENT OF THE CONSTITUTION



ADDITIONAL ARTICLES OF THE CONSTITUTION OF THE REPUBLIC OF CHINA

(Articles One through Ten were adopted by the fourth extraordinary session of the Second National Assembly at its 32nd plenary meeting on July 28, 1994, and promulgated by the President on August 1, 1994.)

To meet the requisites of national unification, the following additional articles are added to the ROC Constitution in accordance with Article 27, Paragraph 1, Item 3, and Article 174, Item 1:

Article 1 Members of the National Assembly shall be elected according to the following provisions without being subject to the restrictions in Articles 26 and 135 of the Constitution:
1. Two members shall be elected from each Special Municipality, each county or city in the free area. However, where the population exceeds 100,000, one member shall be added for each additional 100,000 persons.
2. Three members each shall be elected from the lowland and highland aborigines in the free area.
3. Twenty members shall be elected from the Chinese citizens who reside abroad.
4. Eighty members shall be elected from one nationwide constituency.

Members for the seats set forth in Items 3 and 4 of the preceding paragraph shall be elected according to a formula for proportional representation among political parties. If the number of seats allotted to a Special Municipality, county or city covered under Item 1, or if the number of seats won by a political party under Item 3 or 4 of the preceding paragraph is between five and ten, then one of the seats stipulated in the pertaining item shall be reserved for a female candidate. Where the number exceeds ten, one seat out of each additional ten shall be reserved for a female candidate.

The powers of hte National Assembly shall be as follows notwithstanding the provisions in Article 27, Paragraph 1, Items 1 and 2 of the Constitution:
1. To elect the Vice President in accordance with Article 2, Paragraph 7 of the Additional Articles when said office becomes vacant.
2. To recall the President and Vice President in accordance with Artiale 2, Paragraph 9 of the Additional Articles.
3. To pass a resolution on the impeachment of the President or Vice President instituted by the Control Yuan in accordance with Article 2, Paragraph 10 of the Additional Articles.
4. To amend the Constitution in accordance with Article 27, Paragraph 1, Item 3 and Article 174, Item 1 of the Constitution.
5. To vote on proposed Constitutional amendments submitted by the Legislative Yuan by way of referendum in accordance with Article 27, Paragraph 1, Item 4 and Article 174, Item 2 of the Constitution.
6. To confirm the appointment of personnel nominated by the President in accordance with Areicle 4, Paragraph 1; Article 5, Paragraph 2; and Article 6, Paragraph 2 of the Additional Articles.

The National Assembly meets to exercise the powers prescribed in Item 1 or Items 4 through 6 of the preceding paragraph, or when requested by no less than two-fifths of its members, the session shall be convoked by the President. When it meets to exercise the powers prescribed in Item 2 or 3 of the preceding paragraph, the session shall be convoked by the speaker of the National Assembly or by the President of the Legislative Yuan prior to the establishment of the office of the speaker. The provisions in Articles 29 and 30 of the Constitution shall not apply.

When the National Assembly convenes, it shall hear a report on state of the nation by the President, discuss national affairs, and offer counsel. In the event that the National Assembly has not convened for over a year, the President shall convoke an extraordinary session for the aforementioned purpose notwithstanding the restrictions in Article 30 of the Constitution.

Beginning with the Third National Assembly, delegates to the National Assembly shall be elected every four years and the provisions in Article 28, Paragraph 1 of the Constitution shall not apply.

The term of office for the members of the Second National Assembly shall expire on May 19, 1996, and the term of office for the members of the Third National Assembly shall begin on May 20, 1996. The provisions in Article 28, Paragraph 2 of the Constitution shall not apply.

Beginning with the Third National Assembly, the Assembly shall have a speaker and a deputy speaker who shall be elected by the members of the Assembly from amongst themselves. The speaker shall represent the National Assembly and preside over its meetings.

The procedure for the exercise of powers by the National Assembly shall be determined by the Assembly itself. The provisions in Article 34 of the Constitution shall not apply.

Article 2 The President and Vice President shall be directly elected by the entire populance of the free area of the Republic of China. This shall be effective from the election for the ninth-term President and Vice President in 1996. The presidential and vice presidential candidates shall register jointly and be slated as a pair on the ballot. The pair that receive the highest number of votes shall be the winners of the election. 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.

Presidential orders to appoint or remove from office personnel appointed with the confirmation of the National Assembly or Legislative Yuan in accordance with the Constitution do not require the countersignature of the President of the Executive Yuan. The provisions in Article 37 of the Constitution shall not apply.

Orders to remove the President of the Executive Yuan from office shall take effect after the new nominee to this office has been confirmed by the Legislative Yuan.

The President may, by resolution of a council of the Executive Yuan, issue emergency orders and take all necessary measures to avert an imminent danger to the security of the State or of the people or to cope with any serious financial or economic crisis, without being subject to the restrictions prescribed in Article 43 of the Constitution. However, such orders shall, within 10 days of issuance, be presented to the Legislative Yuan for confirmation. Should the Legislative Yuan withhold confirmation, the said emergency orders shall forthwith cease to be valid.

To determine major policies for national security, the President may establish the National Security Council and its subsidiary organ, the National Security Bureau. The organization of the said organs shall be stipulated by law.

Beginning with the ninth presidential term, the term of office for both the President and the Vice President shall be four years. The President and the Vice President may be re-elected for a second term; and the provisions in Article 47 of the Constitution shall not apply.

Should the office of the Vice President become vacant, the President shall nominate a candidate within three months and convoke the National Assembly to elect a new Vice President, who shall serve out the original term until its expiration.

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. A new president and a new Vice President shall be elected in accordance with Paragraph 1 of this Article and shall serve out each respective original term until its expiration. Article 49 of the Constitution shall not apply.

Recall of the President and the Vice President shall be motioned by one-fourth of all delegates to the National Assembly, proposed with the concurrence of two-thirds of such delegates, and passed by more than half of the valid ballots to recall cast by more than half of all voters in the free area.

The President and the Vice President shall be dismissed from office should an impeachment proposal by the Control Yuan submitted to the National Assembly be passed by two-thirds of all delegates in the National Assembly.

Article 3 Members of the Ligislative Yuan shall be elected according to the following provisions without being subject to the restrictions in Article 64 of the Constitution:
1. Two members shall be elected from each province and each Special Municipality in the free area. Where the population exceeds 200,000, however, one member will be added for each additional 100,000 persons; and where the population exceeds one million, one member will be added for each additional 200,000 persons.
2. Three members shall be elected from the lowland and highland aborigines in the free area.
3. Six members shall be elected from the Chinese citizens who reside abroad.
4. Thirty members shall be elected from one nationwide constituency.

The members set forth in Items 3 and 4 above shall be elected in accordance with the formula for proportional representation among political parties. If the number of seats allotted to a province or Special Municipality set forth in Item 1 above; or if the number of seats won by a political party under Item 3 or 4 above is between five and ten, then one of the seats stipulated in the pertaining paragraph shall be reserved for a female candidate. Where the number exceeds ten, one seat out of each additional ten shall be reserved for a female candidate.

Article 4 The Judicial Yuan shall have a president, a vice president, and a certain number of Grand Justices, all of whom shall be nominated and, with the consent of the National Assembly, appointed by the President; and the pertinent provisions in Article 79 of the Constitution shall not apply.

The Grand Justices of the Judicial Yuan shall, in addition to discharging their duties according to Article 78 of the Constitution, also form a Constitutional Court to adjudicate matters relating to the dissolution of unconstitutional political parties.

A political party shall be unconstitutional if its goals or activities jeopardize the existence of the Republic of China or free, democratic constitutional order.

Article 5 The Examination Yuan shall be the highest examination body of the State, and shall be responsible for the following matters; and the provisions in Article 83 of the Constitution shall not apply:
1. All examination-related matters;
2. All matters relating to the qualification screening, security of tenure, pecuniary aid in case of death, and retirement of civil servants; and
3. All legal matters relating to the employment, discharge, performance evaluation, scale of salaries, promotion, transfer, commendation and award for civil servants.

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 National Assembly, appointed by the President; and the provisions in Article 84 of the Constitution shall not apply.

The provisions in Article 85 of the Constitution concerning holding examinations in different areas, with prescribed numbers of persons to be selected according to various provinces and areas, shall cease to apply.

Article 6 The Control Yuan shall be the highest control body of the State and shall exercise the powers of impeachment, censure and audit; and the provisions in Article 90 and 94 of the Constitution concerning exercising the power of consent shall not apply.

The Control Yuan shall have 29 members, including a president and a vice president, all of whom shall serve a term of six years and shall be nominated and, with the consent of the National Assembly, appointed by the President. The provisions from Article 91 through Article 93 of the Constitution shall not apply.

Impeachment proceedings by the Control Yuan against a public functionary in the central government, any local government, or against personnel of the Judicial Yuan or the Examination Yuan shall be initiated by two or more members of the Control Yuan, and be investigated and voted upon by a committee of not less than nine of its members notwithstanding the restrictions in Article 98 of the Constitution.

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 foregoing paragraph shall apply.

A motion by the Control Yuan impeaching the President or the Vice President must be initiated by more than half of all the members of the Control Yuan and passed by more than two-thirds of all such members for it to be submitted to the National Assembly notwithstanding the restrictions in Article 100 of the Constitution.

Members of the Control Yuan must be beyond party affiliation and independently exercise their powers and discharge their responsibilities in accordance with the law.

The provisions in Articles 101 and 102 of the Constitution shall cease to apply.

Article 7 The remuneration and pay of the members of the National Assembly and the Legislative Yuan shall be regulated by law. In addition to the general case of annual adjustment, regulations on individual increase of remuneration and pay shall go into effect starting with the subsequent National Assembly or Legislative Yuan.
Article 8 The system of local governments in the provinces and counties shall include the following provisions, which shall be established by the the enactment of appropriate laws notwithstanding the restrictions in Article 108, Paragraph 1, Item 1; Articles 112 through 115; and Article 122 of the Constitution:
1. There shall be a provincial assembly in each province and a county council in each county. Members of the provincial assembly and the county council shall be elected by the people of the province and the people of the county, respectively.
2. The legislative power of a province and that of county shall be exercised by the provincial assembly and the county council, respectively.
3. In a province, there shall be a provincial government with a provincial governor. In a county, there shall be a county government with a county magistrate. The provincial governor and the county magistrate shall be elected by the people of the province and the people of the county, respectively.
4. The relationship between the province and the county.
5. The self-governance of province is subject to supervision by the Executive Yuan, while the self-governance of counties is subject to supervision by the provincial government.
Article 9 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 intensify international economic cooperation.

Environmental and ecological protection shall be given equal consideration with economic and technological development.

The State shall manage government-run financial organizations in line with the principles of business administration. The management, personnel, budgets, final accounts, and audit of the government-run financial organization shall be specially regulated by law.

The State shall inaugurate universal health insurance coverage and promote the research and development of both modern and traditional medicines.

The State shall protect the dignity of women, safeguard their personal safety, eliminate sexual discrimination, and further substantive equality between the sexes.

The State shall safeguard the rights of the handicapped and disabled to insurance, medical care, education, training, employment assistance, support for daily living needs and relief, so as to help them attain independence and further their careers.

The State shall accord to the aborigines in the free area legal protection of their status and the right to political participation. It shall also provide assistance and encouragement for their education, cultural preservation, social welfare and business undertakings. The same protection and assistance shall be given to the people of Kinmen and Matsu areas.

The State shall accord to Chinese nationals residing overseas protection of their rights to political participation.

Article 10 Rights and obligations between the people of the mainland China area and those of the free area, and the disposition of other related affairs shall be specially regulated by law.