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Civil Service Examinations Act

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Civil Service Examinations Act
 
Date of promulgation

Full text of 25 articles enacted and promulgated by Presidential Order on 24 January, 1986.
Article 17 expunged and article 3 amended by Presidential Order Hua Zong (1) Yi Zi no. 0175 on 13 January, 1995.
Full text of 25 articles amended and promulgated by Presidential Order Hua Zong Zi no. 8500008790 on 17 January, 1996.
Full text of 25 articles amended and promulgated by Presidential Order Hua Zong Yi Yi Zi no. 9000255940 on 26 December, 2001.
Article 23 amended and promulgated by Presidential Order Hua Zong Yi Yi Zi no. 09600009771 on 24 January, 2007.
Articles 2, 3, 12, 15, 19, 20 and 23 amended and promulgated by Presidential Order Hua Zong Yi Yi Zi no. 09700005001 on 16 January, 2008.
Articles 7, 12 and 25 amended and promulgated by Presidential Order Hua Zong Yi Yi Zi no. 09900019991 on 27 January, 2010.
Article 19 amended and promulgated by Presidential Order Hua Zong Yi Yi Zi no. 10200012471 on 23 January, 2013.
Full text of 28 Articles amended and promulgated by Presidential Order Hua Zong Yi Yi Zi no 10300008971 on 22 January, 2014.

Full text of the Act

Article 1
The employment of civil service personnel shall be undertaken in accordance with the provisions of this Act by means of examinations to determine qualifications.

Article 2
Examinations for civil service personnel shall be conducted in open competition; calculation of candidate scores may not be made subject to any special regulations connected to personal identity or statusunless otherwise stipulated in this Act. In the event of any discrepancies between the Act and other laws, this Act shall prevail.

Article 3
Examination in-quota qualifiers shall be determined by the annual needs of employing agencies, whom of which shall be employed and allocated to positions in order of achievement. Examination scores are also used to identify a number of runner-ups who are listed on a reserve list that employing agencies may, with the approval of the allocating agencies or examination organizing agencies, draw upon once the initial quota has been fully allocated for regular and sequential training allocation.
Examinees who are simultaneously accepted as in-quota qualifiers for different levels or categories of the same examination must decide on one level or category for training allocation. Should the candidate fail to decide on  a selection, the employing agency or examination organizing agencies will allocate them for training at the category requesting comparably higher examination ranking or grade.

Article 4
Any qualifier from the initial quota who is unable to accept the allocation of a post immediately may present evidence to that effect and make application to preserve his or her qualified status. Such extensions are subject to the following conditions and time limits:
       a. For qualifiers currently performing their compulsory military service, extension is permitted only until the legal term of said service.
       b. For qualifiers currently studying towards a Master's Degree in public or accredited private universities or in overseas universities recognized by the Ministry of Education, a maximum extension of two years is permitted; whereas a maximum extension of three years is permitted for qualifiers of the said universities preparing a Doctoral Degree.
       c. Qualifiers who are impeded in their freedom of action by circumstances beyond their immediate control, such as illness, pregnancy, childbirth, parental terminal illness  and child critical illness, may be granted a maximum extension of two years.
       d. Qualifiers rearing children under the age of three, shall have their position retained for no more than three years. However, qualifiers whose spouses are civil servants and currently on parental leave without pay are not eligible for retention of position.

Article 5
With the exception of those receiving extensions under Article 4 , in-quota qualifiers should report to their particular training institution within the stipulated time. Persons who fail to meet this condition lose their qualifier status.
Qualifiers receiving an extension under listed conditions of Article 4 should, within a period of three months of the circumstances permitting the extension being terminated, apply to the Civil Service Protection and Training Commission for training. The Commission will inform the allocating agencies that said qualifier is available for posting. Persons who fail to apply within the stipulated period or who do not report to their designated training institution and receive training within the allotted time lose their qualifier status.
Persons on the reserve list who are unable to accept allocation due to military status or rearing children under three years of age may apply for deferred training within the stipulated time. Persons who have been placed on a reserve list but fail to attend the allocated training within the stipulated time or who have not been allocated training or a post before the results of the next such examination are published lose their qualifier status.

Article 6
Examinations for civil service personnel are divided into Elementary, Junior and Senior levels, among which Senior Examinations are again divided into three levels by academic achievements. Successful candidates must remain at their allocated organization or school for three years of service before they may apply for transfer.
In order to meet staffing needs of institutions of a special nature, as well as to provide for the employment rights of indigenous peoples and the disabled, Special Examinations are held at grades 1 through 5 in accordance with the above said levels and grades. Except where this Act stipulates otherwise, persons qualifying under Special Examinations are not permitted to transfer outside the originally allocated agencies for a period of six years. Regulations regarding this six year restriction vary by the nature and scope of the examining organization and are stipulated in the respective examination regulations.
Persons qualifying under the above paragraph 2 or Article 24 and who are transferred to other agencies due to organizational restructuring, down-sizing, merger, changes in the chain of command or system, dissolving of the organization, or adjustments of duty are not bound by the above transfer restrictions. However, re-transfers within the time limit are restricted to the original organization, the transfer organization and sub-organizations thereof.

Article 7
The regulations governing the Elementary, Junior, Senior and Special Examinations are submitted to the Examination Yuan for determination by the Ministry of Examination.
The regulations stipulated in the above paragraph refer to the eligible age, examination level, category and subject, criteria for the physical examinations, examination subjects, grade calculation and transfer restrictions.

Article 8
The Ministry of Examination may apply with the Examination Yuan to set up specific regulations for special examinations for technical personnel working in high-technology occupations or occupations requiring unique skills.
The standards for such high-technology positions or for occupations requiring unique skills as in the above paragraph are determined by the Examination Yuan in conjunction with the Executive Yuan.
Persons who qualify under this provision obtain only a qualification to work in the functions designated by the agency requesting the examination; they may not transfer to any other position outside the original agency.

Article 9
The Examination Yuan may, depending on the actual requirements of the employing organizations, request examinees to undergo physical examinations, and may also set limitations on age, military status and gender as part of the Civil Service Examination requirements.
Persons unable to pass or failing to take the above physical examinations within the stipulated time, may not sit the examination, and will not be accepted, trained or issued certificates of qualification.
The list of recognized medical organizations, the content of the physical examinations, procedures thereof and other relevant matters shall be submitted to the Examination Yuan for determination by the Ministry of Examination.

Article 10
A Civil Service Examination include various methods of written examination, oral examination, mental or physical tests, on-site examinations, invention or publication verification, and academic or experience verification. Unless a written examination is stipulated, at least two of these other examination methods shall be adopted. Unless another format, such as foreign language subject or technical terminology, is specifically stipulated, the written examinations shall be conducted and written in the character script of the national language.
Persons unable to participate in the physical examination due to pregnancy or childbirth, may apply for a retainment of their written examinations results until the date when they are able to attend another session of the physical examination of the same category of examination. Relevant regulations shall be drawn up by the Ministry of Examination pending the approval by the Examination Yuan.

Article 11
The Civil Service Senior Examination, Junior Examination and Elementary Examination may, as circumstances may require, be administered in combination or separately, according to their respective levels, grades and subjects.

Article 12
Citizens of the Republic of China of eighteen years of age or older, and holding the required qualifications for examination candidacy under this Act, may sit examinations in accordance with this Act. Persons under any one of the following circumstances , however, may not sit an examination:
       a. Any person convicted of offences against internal or external security after the period of  suppressing Communist rebellion, or whose lawsuits of such remain open;
       b. Any person convicted of graft or corruption-related offences while in civil service position, or whose lawsuits of such remain open;
       c. Any person deprived of public rights, and the period of deprivation has not expired;
       d. Any persons who has become subject to the order of the commencement of guardianship or assistantship that has not yet been lifted.
Any person whose employment in the civil service has been suspended, and who subsequently qualifies in a civil service examination, may not be allocated or assigned to a civil service position during the period of said suspension.

Article 13
The following qualifications are required of candidates for the Senior Examination:
       a. Candidates holding a doctoral degree from a graduate school of a public or an accredited private university, or from a graduate school of an overseas university recognized by the Ministry of Education, or who have held for at least four years a Senior Examination Level 2 qualification in the same category obtained through a Civil Service examination, may apply for Level 1 Senior Examinations.
       b. Candidates holding a master's degree from a graduate school of a public or an accredited private university, or from a graduate school of an overseas university recognized by the Ministry of Education, or who have held for at least two years a Level 3 Senior Examination qualification in the same category, may apply for Level 2 Senior Examinations.
       c. Candidates who are graduates of a public or an accredited private institution of college grade or above, or of an overseas institution of college grade or above recognized by the Ministry of Education, or who have held for at least three years a Junior Examination qualification in the relevant category, may apply for Level 3 Senior Examinations.

Article 14
Graduates from public or accredited private vocational schools and high schools, or of corresponding departments of overseas vocational schools, or persons having passed junior examinations or above in corresponding subjects, or having passed elementary examinations in corresponding subjects for over three years may apply to sit the Civil Service Junior Examinations.

Article 15
All citizens of the Republic of China of eighteen years of age or older may apply for the Civil Service Elementary Examination.

Article 16
The requisite qualifications for candidates for Civil Service Special Examinations of all grades may be fixed in accordance with the provisions for candidate qualifications for the Senior Examination, Junior Examination and Elementary Examination as set out in Articles 13 through 15 of this Act.

Article 17
The qualifications requirements for the various categories and subjects of Civil Service examinations are determined by the Ministry of Examination pending approval by the Examination Yuan.
Except where provided for in Articles 13 through 16 of this Act, qualification requirements for the various Civil Service Examinations may be extended to include the following, if deemed necessary for the level or category:
       a. Increased academic requirements;
       b. Related work or training experiences which can be documented;
       c. Certified language skills of corresponding levels.
Where professional or legal regulations require, or where the nature of the employing organization necessitates, applicants for Civil Service Examinations must hold all related professional qualifications before they may participate in the examinations. The criteria shall be set by the Ministry of Examination pending approval of the Examination Yuan.
The candidates’ qualification documentation must be reviewed and verified. Review regulations such as the reviewers’ qualifications, review contents, rejections or requirements of additional material shall be determined by the Ministry of Examination pending approval of the Examination Yuan.

Article 18
All Civil Service Examinations may be conducted in stages and in separate locations. The categories, locations, dates and other pertinent details of each examination are to be published by the Ministry of Examination two months prior to the date of examination.
Age, level, category, eligibility, score calculation, grade, and preservation of qualified status for staged exams shall be defined as according to stipulations of respective examination regulations.
Candidates for all examinations shall pay an application fee, the amount of which is to be fixed by the Ministry of Examination. Disabled people, indigenous people, and examinees of low income families and families in hardship may enjoy a discount on all examination fees.
An examination fund may be set up to facilitate the administration of examination affairs, regulations regarding the collection, expenditure and safeguarding of the funds shall be determined by the Ministry of Examination.

Article 19
Regulations on the calculation methods of the total grades, point allocation ratios and specific grades restrictions shall be determined by the Ministry of Examination pending approval by the Examination Yuan.

Article 20
Subsequent to the publication of examination results, should it be discovered that, for reasons attributable to procedural negligence by the examination administration,  a candidate who should have qualified but did not qualify, or who should not have qualified but was graded qualified, the Examination Yuan shall implement an additional qualification or qualification cancellation.

Article 21
The in-quota qualifiers of Civil Service examinations at any grade or level shall attend training according to the category and discipline of their examination. Candidates who achieve the required grade at the end of their training will be certificated and appointed to a post. Training procedures for extra-quota qualifiers on the reserve list who may later be called upon by an employing agency are to be the same as for in-quota qualifiers.
All provisions governing training periods, implementation methods, exemption from training or shortening of training period, preserving training status, making-up for training, resumption of training, suspension of training, training fees, remuneration standards, lifestyle management, leaves of absence, counseling,  rewards and penalties, scores evaluation, nullification of training eligibility, and application for examination qualification certificate are to be determined by the Examination Yuan in concordance with the pertinent Yuan. However, trainings of  special nature and with clear stipulations concerning the said terms shall be otherwise stipulated by the agencies holding the examinations, and submitted to the Civil Service Protection and Training Commission for approval and review. The format and fees for certificates issued to examination qualifiers are to be set by the Examination Yuan. However, examination qualifiers who are disabled, or of the indigenous people, or of low income families, or of families of hardship may enjoy a discount, or exemption of fees.

Article 22
The application status will be canceled of any examination candidate of whom it is discovered prior to the examination that any of the circumstances below are true. Should any such circumstances become known at the time of the examination, the candidate will be denied to sit the examination. Should any such circumstances become known prior to the publication of examination results, the candidate will be disqualified  Should any such circumstances become known between the time of publication of examination results and the beginning of training, the candidate's qualifier status will be revoked. Should any such condition become known after a person is certificated, that person's qualified status will be revoked and any certificates issued will be canceled. A candidate who has incurred criminal responsibility will be referred to investigating authorities. These injunctions apply to:
       a. any person liable under the terms of paragraph 1 of Article 12 of this Act;
       b. any person who uses a false or assumed name;
       c. any person who counterfeits or alters examinee ID documents;
       d. any person who, through fraud or other malpractices, causes an inaccurate result of the examination;
       e. any person who is not of qualified examinee status.
Should examinees be disclosed to be of circumstances stipulated in the above Subparagraphs b and d, they shall be denied to sit any examinations held or mandated by the Ministry of Examination within five years of disclosure.

Article 23
Unless otherwise stipulated by law, civil servants must qualify from the Promotional Examination before the rank of their post be promoted.
The Civil Service Promotion Examinations Act shall be promulgated separately.

Article 24
As of 1999, persons qualifying in the Special Civil Service Transfer Examinations for Veterans may only be appointed to posts within the Ministry of Defense, the Veterans Affairs Commission of the Executive Yuan, or the Coast Guard Administration of the Executive Yuan and affiliates thereof. Qualifiers are not permitted to transfer outside their original agencies of allocation or their affiliates for a period of six years. Military officers of the rank of colonel and above who have left the military and transferred to Civil Services, and who are deemed to possess the necessary qualifications, may only transfer to the National Security Council, the National Security Bureau, the Ministry of Defense, the Veterans Affairs Commission of the Executive Yuan, the Coast Guard Administration of the Executive Yuan and their affiliates, the military affairs administrations of the central government or the government of a municipality directly under the jurisdiction of the Executive Yuan, or to military training institutions.
The preferential grade premium available to military reserve personnel who take the Senior or Junior Examinations, and to veterans taking the Special Civil Service Transfer Examination for Veterans, is limited in its availability to persons who have been awarded the Order of National Glory with Grand Cordon, the Order of Blue Sky and White Sun with Grand Cordon, the Order of Precious Tripod, the Order of Loyalty and Valour, the Order of Resplendent Banner, the Datong Medal or higher distinctions, or who have legally left the military subsequent to injuries received in war or in the performance of public service.

Article 25
The procedures for examination affairs are stipulated in the Examinations Affairs Act.

Article 26
Procedures regarding Public Service Examination invigilation affairs shall be stipulated in the Public Service Examination Invigilation Act.

Article 27
The Enforcement Rules of this Act shall be submitted to the Examination Yuan by the Ministry of Examination for determination.

Article 28
This Act enters into effect as law on its date of promulgation.

Update: 2016-10-03
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