Establishment of the complete text of 25 articles, promulgated on April 3, 2001 as per Examination Yuan (90) Kao-Tai-Zu-(1)-Yi-Zi Order No.01322.
Amendments to Articles 1, 12, 17, 19, and 20, promulgated on June 3, 2003 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 09200046831.
Amendment to Article 12, promulgated on December 24, 2003 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No.09200108581.
Amendment to Article 20, promulgated on January 13, 2006 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 09500003831.
Amendments to the complete text of 24 articles, promulgated on September 4, 2009 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 09800070361.
Amendments to the complete text of 24 articles, promulgated on June 20, 2012 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10100052521.
Amendments to Articles 1, 4, and 20, promulgated on August 6, 2013 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10200066911.
Amendments to Articles 3, 5, 7, 10, 11, 12, 19, and 21, promulgated on August 27, 2013 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10200073031.
Deletions of Articles 22 and 23, and replacement of Article 22 with Article 24, promulgated on March 24, 2017 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10600015091.
Amendments to Articles 3, 4, 12, 16, 19, 21, and 22, promulgated on August 16, 2017 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10600045831.
Amendments to Articles 12 and 14, promulgated on November 21, 2018 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10700041011.
Amendments to Articles 3 and 12, promulgated on April 12, 2019 as per Examination Yuan Kao-Yi-Zu-(1)-Yi-Zi Order No. 10800019631.
The text of these Regulations is as follows:
Article 1
These Regulations are established as per Article 11, Paragraph 1 of the Professional and Technical Personnel Examinations Act.
Article 2
The Bar Examination (hereinafter the “Examination”) is administered annually.
Article 3
The Examination is administered in two written stages. Candidates who fail stage one are disqualified from stage two, and the “passed” status of the stage one exam will not be retained for future exams.
Stage one of this Examination and stage two exam sessions for non-selective subjects are held at the same time with the first and second stages of the Civil Service Special Examination for Judges and Prosecutors and have identical exam questions for the same subjects.
Article 4
Those who are disqualified from practicing law according to the Attorney Regulation Act, or who are ineligible to take national examinations according to other laws or regulations may neither take the Examination nor apply for an examination exemption.
Article 5
R.O.C. citizens who meet any of the following may register for the Examination:
1. Have graduated from a division, department, program, or institute in law, legal studies, judicial studies, financial and economic laws, financial laws, political laws, marine laws, or technology laws at a public or registered private junior college or above in the R.O.C. or at a foreign junior college or above recognized by the R.O.C. Ministry of Education.
2. Have graduated from a relevant division, department, program, or institute at a public or registered private junior college or above in the R.O.C. or at a foreign junior college or above recognized by the R.O.C. Ministry of Education and have completed at least seven of the following courses: Civil Code, commercial law, Company Act, Maritime Act, Negotiable Instruments Act, Insurance Act, Code of Civil Procedure, Non-Contentious Matter Law, Arbitration Law, Notary Act, Compulsory Enforcement Act, Bankruptcy Act, international private law, Criminal Code, Juvenile Delinquency Act, Code of Criminal Procedure, rules of evidence, administrative law, Securities and Exchange Act, Land Act, tax laws, Fair Trade Act, intellectual property rights laws, Copyright Act, Patent Act, Trademark Act, Consumer Protection Act, social welfare laws, labor laws, environmental laws, international law, international trade law, Anglo-American contract law, Anglo-American tort law, jurisprudence, and legal methodology. Each course may count for a maximum of three credits, with at least 20 credits completed in total. Civil Code, Criminal Code, Code of Civil Procedure or Code of Criminal Procedure must be included.
3. Have served more than four years in positions in the judicial administration system after having passed any national examination for judicial administration related categories at the junior or an equivalent level and hold documents certifying service.
4. Have passed any Qualifying Examination for Senior Examinations in any equivalent legal personnel category.
Article 6
R.O.C. citizens who meet any of the following may apply for a stage one exam exemption:
1. Have met qualifications set out in Article 5, Subparagraph 1, and have served five years as an assistant professor, three years as an associate professor, or two years as a professor in a division, department, program, or institute at a public or a registered private junior college or above in the R.O.C. or at a foreign junior college or above recognized by the R.O.C. Ministry of Education as listed in Article 5, Subparagraph 1, and have taught the following subjects for a total of no less than three years: Civil Code, Criminal Code, Code of Civil Procedure, Code of Criminal Procedure, Compulsory Enforcement Act, Bankruptcy Act, international private law, commercial law, and administrative law, with documents certifying the teaching service.
2. Have met qualifications set out in Article 5, Subparagraph 1 or have passed the military judge examination, and have held a position equivalent to junior military judge for at least six years.
Article 7
R.O.C. citizens who meet any of the following may apply for a full examination exemption:
1. Hold a position of judge or prosecutor of the R.O.C..
2. Have served more than six years as a government-appointed Public Defender.
Candidates to whom the first subparagraph of this article applies may apply for a full examination exemption from six months prior to the effective date of their voluntary retirement or resignation.
Article 8
To certify the qualifications set out in Article 6, Subparagraph 1, the candidate shall submit the following for review: diploma or certificate of degree, certificate of employment, certificate issued by the R.O.C. Ministry of Education as Assistant Professor, Associate Professor, or Professor, and a certificate issued by the school indicating that the candidate has taught the legal subjects listed in Article 6, Subparagraph 1.
The calculation of seniority is based on the starting date specified on the Assistant Professor, Associate Professor, or Professor Certificate issued by the R.O.C. Ministry of Education.
Article 9
To certify the qualifications set out in Article 6, Subparagraph 2, the candidate shall submit the following for review: diploma or qualification certificate of the military judge examination, order of appointment as military judge at the rank of captain or higher, military service transcript, and certificate of service.
Article 10
To certify the qualifications set out in Article 7, Paragraph 1, Subparagraph 1, the candidate shall submit the following documents for review: order of appointment issued by the Judicial Yuan or the Ministry of Justice, certificate of civil service issued by the Ministry of Civil Service, and a favorable performance record provided by the candidate’s previous employment authority.
In situations where documents certifying the candidate’s performance have been revoked by the previous employment authority, the candidate will be deemed disqualified from taking the Examination in accordance with Article 19, Paragraph 1, Subparagraph 5 of the Professional and Technical Personnel Examinations Act and will be reported by the Ministry of Examination (MOEX) to the Examination Yuan to revoke the candidate’s qualification status and annul his/her qualification certificate.
Article 11
To certify the qualifications set out in Article 7, Paragraph 1, Subparagraph 2, the candidate shall submit the following documents for review: order of appointment issued by the Judicial Yuan, certificate of civil service issued by the Ministry of Civil Service, certificate of service issued by a court, and a favorable performance record provided by the candidate’s previous employment authority.
Article 12
The maximum score for stage one exam is 600. Subject weightings and session durations are as follows:
1.Comprehensive legal competence I (maximum score 300): Constitution (40), administrative law (70), Criminal Code (70), Code of Criminal Procedure (50), international law (20), international private law (20), and legal ethics (30). Duration 3 hours.
2.Comprehensive legal competence II (maximum score 300): Civil Code (100), Code of Civil Procedure (60), Company Act (30), Insurance Act (20), Negotiable Instruments Act (20), Compulsory Enforcement Act (20), Securities and Exchange Act (20), and legal English (30). Duration 3 hours.
The maximum score for stage two exam is 1,000. Subject weightings and session durations are as follows:
1.Constitution and administrative law (200). Duration 3 hours.
2.Civil Code and Code of Civil Procedure (300). Duration 4 hours.
3.Criminal Code and Code of Criminal Procedure (200). Duration 3 hours.
4.Company Act, Insurance Act, and Securities and Exchange Act (100). Duration 2 hours.
5.Chinese (essay). Duration 2 hours.
6.Any one of the four: Intellectual property laws, labor and social laws, tax laws, and Maritime Act and law of the sea (100). Duration 2 hours.
Test takers will be provided with relevant articles of laws and regulations for all stage two exam subjects, with the exception of Chinese.
Article 13
Candidates who have applied for a partial exam exemption by December 31, 2010 and been granted the exemption in accordance with these regulations or who have been granted the exemption from stage one may sit for the stage two exam.
Article 14
All stage one exam subjects are tested in multiple-choice format and all stage two exam subjects are tested in essay format.
Article 15
Applications for a stage one exam exemption or full examination exemption in accordance with Article 6 or Article 7, Paragraph 1 will be reviewed by a committee established by the MOEX. Results of the review shall be approved by the MOEX and submitted to the Examination Yuan for reference.
The MOEX shall duly inform successful applicants of the results. Candidates who are granted a stage one exam exemption should take the stage two exam in accordance with regulations. The list of candidates who are granted a full exemption will be submitted by the MOEX to the Examination Yuan for the issuance of qualification certificates and to the Ministry of Justice for reference.
Article 16
When registering, candidates should submit the following documents and fees by mail:
1. Registration form.
2. Proof of exam eligibility, approval of a partial exemption, or approval of stage one exam exemption.
3. Copy of citizen identification card. Overseas Chinese should submit their Overseas Chinese Identity Certificate issued by the Overseas Community Affairs Council, or submit their valid R.O.C. passport with approval from an overseas embassy or consulate, representative office, economic and cultural office, or other agency authorized by the Ministry of Foreign Affairs (hereinafter “Overseas Missions”) proving them to be R.O.C. nationals residing in a foreign country.
4. A 2.5-cm by 3.5-cm close-up photograph showing the head and top of the shoulders. Head coverings should not be worn and the photo should be taken within one year.
5. Registration fee.
Documents and fees for online registrations should be submitted in accordance with guidelines found in the Examination Information Pack and on the MOEX registration website.
Article 17
Candidates who apply for a stage one exam exemption or full examination exemption in accordance with Articles 6 and 7 should submit the following documents and fees:
1. Exemption application form.
2. Proof of exam eligibility.
3. Copy of citizen identification card. Overseas Chinese should submit their Overseas Chinese Identity Certificate issued by the Overseas Community Affairs Council or submit their valid R.O.C. passport with approval from an Overseas Mission proving them to be R.O.C. nationals residing in a foreign country.
4. A 2.5-cm by 3.5-cm close-up photograph showing the head and top of the shoulders. Head coverings should not be worn and the photo should be taken within one year.
5. Exemption application fee.
Applications for a stage one exam exemption or full examination exemption may be submitted by mail at any appropriate time. Candidates applying for a stage one exam exemption must complete application procedures and submit all documents and fees two months before the scheduled examination registration.
Article 18
For submissions of overseas documents including diplomas, certificates of degree, academic transcripts, credit verifications, proof of work experience, or other relevant verification documents, originals must be provided together with Chinese translations and copies of verification from overseas missions or from a domestic public notary.
Original copies of the abovementioned documents may be replaced with copies that have been verified to be identical to the original by both a local public notary and an Overseas Mission.
Article 19
Stage one exam takers whose scores place them within the top 33% all test takers will pass. The number of passing examinees shall be rounded up to the nearest whole number. If two or more examinees at the cutoff level have the same score, both or all will pass.
Stage two exam takers whose scores place them within the top 33% of all test takers as set out in Article 12, Paragraph 2, Subparagraph 5 will pass. The number of passing examinees shall be rounded to the nearest whole number. If two or more examinees at the cutoff level have the same score, both or all will pass. In situations where an examinee receives a score of zero in any subject or receives a total score of below 400 across all subjects excluding Chinese and the elective subject, the examinee will not pass.
Passing criteria shall be determined by the Board of Examiners.
Article 20
Foreign candidates who meet eligibility requirements set out in Article 5, Subparagraphs 1 and 2 and who do not meet conditions set out in Article 4 may take the Examination. Candidates who meet requirements set out in Article 6, Subparagraph 1 and who do not meet conditions set out in Article 4 may apply for a stage one exam exemption.
Article 21
The list of candidates passing the Examination will be submitted by the MOEX to the Examination Yuan for the issuance of qualification certificates and to the Ministry of Justice for reference.
The qualification certificate should specify the selective subject tested in the stage two exam.
Article 22
These Regulations shall come into effect upon promulgation.
Articles amended on August 16, 2017 shall come into effect on January 1, 2018.
In case of any discrepancy between the English version and the Chinese version, the latter shall prevail.