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Civil Service Examinations Act

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Civil Service Examinations Act

 

Date of promulgation


The establishment of the complete text of 25 articles, promulgated on January 24, 1986 as per Presidential Order.
The deletion of Article 17 and amendment to Article 3, promulgated on January 13, 1995 as per Presidential Order Hua Zong (1) Yi Zi No. 0175.
Amendments to the complete text of 25 articles, promulgated on January 17, 1996 as per Presidential Order Hua Zong Zi No. 8500008790.
Amendments to the complete text of 25 articles, promulgated on December 26, 2001 as per Presidential Order Hua Zong Yi Yi Zi No. 9000255940.
Amendment to Article 23, promulgated on January 24, 2007 as per Presidential Order Hua Zong Yi Yi Zi No. 09600009771.
Amendments to Articles 2, 3, 12, 15, 19, 20 and 23, promulgated on January 16, 2008 as per Presidential Order Hua Zong Yi Yi Zi No. 09700005001.
Amendments to Articles 7, 12 and 25, promulgated on January 27, 2010 as per Presidential Order Hua Zong Yi Yi Zi No. 09900019991.
Amendment to Article 19, promulgated on January 23, 2013 as per Presidential Order Hua Zong Yi Yi Zi No. 10200012471.
Amendments to the complete text of 28 Articles, promulgated on January 22, 2014 as per Presidential Order Hua Zong Yi Yi Zi No 10300008971..
Amendment to Article 24, promulgated on November 21, 2018 as per Presidential Order Hua Zong Yi Yi Zi No. 107000125361.
Amendment to Article 26, promulgated on April 28, 2021 as per Presidential Order Hua Zong Yi Yi Zi No. 11000038681.
Amendment to Article 20, promulgated on November 29, 2023 as per Presidential Order Hua Zong Yi Yi Zi No. 11200103541.

The text of this Act is as follows:


Article 1

Civil service recruitment shall be performed through examinations under the provisions of this Act.

 

Article 2

Civil service examinations shall be conducted in open competition, and the calculation of exam scores shall not discriminate or favor any individuals based on their backgrounds unless otherwise stipulated by law. In the event of any discrepancy between the Act and other laws, this Act shall prevail.

 

Article 3
The number of passing candidates is determined by the agency responsible for hiring according to the number of vacancies they wish to fill. Passing candidates will be placed for pre-work training in the order their exam score rank. Additional candidates may be selected for a reserve list depending on their exam results. In the event the agency responsible for hiring or requesting the exam has vacancies remaining, reserve-list candidates may be placed for pre-work training after placement of passing candidates is completed.

In the event an examinee is accepted at different exam levels or under different categories, the examinee shall choose one level or category and receive the corresponding training. Should the examinee fail to decide within the appropriate time period, the examinee will be placed for training according to his or her highest exam level or exam score rank by the agency responsible for hiring or requesting the exam.

 

Article 4
In the event a passing candidate is unavailable for training, the candidate shall present evidence to that effect and apply to retain the qualified status in accordance with the following conditions and limitations:

a. Passing candidates who are currently performing compulsory military service may apply to extend their qualified status until the legal termination of the service.

b. Passing candidates who are currently pursuing a master’s degree at a public or registered private university in the Republic of China or a foreign university recognized by the R. O. C. Ministry of Education may apply to extend their qualified status for a maximum of two years. Passing candidates pursuing a doctoral degree program may apply to extend their qualified status for a maximum period of three years.

c. In the event of illness, pregnancy, childbirth, parental terminal illness, child critical illness or other circumstance beyond the passing candidate’s immediate control, the candidate may apply to extend his or her qualified status for a maximum period of two years.

d. Passing candidates rearing children under three years of age may be granted a maximum extension of three years. If the candidate’s spouse is a civil servant currently on a parental leave, the candidate may not apply for an extension.


Article 5
With the exception of those receiving extensions under Article 4, passing candidates should reply to their respective training institution within the allocated time. Those who fail to do so will lose their qualified status.

Passing candidates who have received an extension under Article 4 should apply to the Civil Service Protection and Training Commission to receive training within three months after the reasons for extension no longer exist or the approved extension terminates. The Commission will inform the agency responsible for hiring or requesting the exam of the passing candidate’s availability for training. Failure to apply to the respective training institutions for training or to receive training within the allotted time will result in loss of qualified status.

Candidates who are accepted from the reserve list may apply with supporting evidence to defer training within the allotted time if they are not immediately available for training due to completing military service or rearing children under three years of age. These candidates shall report to the respective training institution and receive training within the allotted time. Candidates who fail to report to their training institution and receive training or who have not been placed for training before the results of the next same-category examination are announced will lose their qualified status.

 

Article 6
Examinations for civil service personnel are divided into Elementary, Junior, and Senior levels. Senior Examinations are subcategorized into three levels by academic criteria. Passing candidates must serve at least three years at the agency, school, or subordinate unit for which they have been hired. Transfers within this period are not permitted.

To meet the specific needs of agencies and to create employment equality for indigenous peoples and people with disabilities, Special Examinations are held at grades 1 through 5 in accordance with the levels in the preceding paragraph. Unless otherwise stipulated in this Act, passing candidates must serve at the agency, school, or subordinate for at least six years; during this time no transfer is permitted. The six-year restriction may vary depending on the nature and scope of the agencies requesting the examination as well as relevant recruitment regulations. Restrictions are stipulated in the respective examination regulations.

In the event of downsizing, consolidation, re-subordination, restructuring, dissolution, or transfer of functions of the original agency responsible for hiring, passing candidates according to the two preceding paragraphs and Article 24 may be transferred to other agencies without being subject to transfer restrictions. However, any subsequent transfer within the time limit is restricted to the original agency responsible for hiring, the agency the examinee has been transferred to, or an agency subordinate to one of these.

 

Article 7
Regulations governing the Elementary, Junior, Senior and Special Examinations shall be drafted by the Ministry of Examination (MOEX) and submitted to the Examination Yuan for determination.

The regulations in the preceding paragraph should set forth age requirements, exam level or grade, exam category and respective requirements, criteria for physical examinations, exam subjects, examination methods, score calculation, and transfer restrictions.

 

Article 8
For high-tech or specialized personnel recruitment, special examination rules may be drafted by the MOEX and submitted to the Examination Yuan for determination.

Qualification standards for high-tech or specialized positions in the preceding paragraph shall be established by the Examination Yuan in conjunction with the Executive Yuan.

Candidates who pass a special examination according to the first paragraph or this Article shall fill positions in agency responsible for hiring that has requested the examination and may not transfer to a position outside this agency.

 

Article 9
The Examination Yuan may set forth requirements for physical examinations for civil service exam takers and of age, military status, and gender criteria examinees of civil service special exams according to the requirements of the hiring divisions.

Those who fail to pass the physical fitness test or submit physical examination results within the allotted time period shall be ineligible for the examinations, disqualified from the examinations, or denied training or the issuance of a qualification certificate.

Regulations concerning recognized medical organizations, content of the physical examinations, procedures thereof, and other relevant matters shall be drafted by the MOEX and submitted to the Examination Yuan for determination.

 

Article 10

Civil Service Examinations may be conducted by written exam, oral exam, psychological test, physical fitness test, field exam, invention or publication review, or academic or professional experience review. Unless a written exam is required, at least two other forms listed above shall be used in an examination. With the exception of foreign language subjects, technical terminology, or other specifically stipulated format, all written exams shall be completed in the national language.

Candidates who have completed the written exam but are unable to complete the physical fitness test due to pregnancy or childbirth may apply to retain their written exam scores and retake the physical fitness test at the next examination session of the same exam category. Regulations concerning written exam score retention and restrictions shall be drafted by the MOEX and submitted to the Examination Yuan for determination.

 

Article 11

The Civil Service Senior Examination, Junior Examination and Elementary Examination may, as circumstances require, be administered in combination or separately.

 

Article 12

R.O.C. citizens aged 18 years or above who meet eligibility requirements may register for civil service examinations. However, those who meet any of the following shall be ineligible:

a.Any person who has been convicted of civil disturbance or treason after the termination of the Period of National Mobilization for Suppression of the Communist Rebellion, or is wanted for arrest;

b.Any person who has been convicted of corruption related offences during office or who has been wanted for arrest;

c.Any person who has been deprived of citizen’s rights and the period of deprivation has not yet expired;

d.Any person who has been subject to the order of the commencement of guardianship or assistantship that has not yet been lifted.

No person who has been suspended from employment as a civil servant and passed a subsequent civil service exam may be placed for training or employed as a public servant during their suspension.

 

Article 13

Eligibility requirements for Senior Examinations are as follows:

a. Candidates holding a doctoral degree from a graduate school of a public or registered private university of the Republic of China or from a foreign graduate institute recognized by the R.O.C. Ministry of Education may register for a Level 1 Senior Examination.

b. Candidates holding a master's degree from a graduate school of a public or registered private university of the Republic of China or from a foreign graduate institute recognized by the R.O.C. Ministry of Education may register for a Level 2 Senior Examination.

c. Candidates who have graduated from a department, division, institute, or degree program at a public or registered private university or independent college in the Republic of China or at a foreign university or independent college recognized by the R.O.C. Ministry of Education, or who have passed a Senior Examination under a relevant category or have held the qualified status from a Junior Examination in a relevant category for no less than three years may register for a Level 3 Senior Examination.

 

Article 14

 Graduates of public or registered private vocational or high schools in the Republic of China, or a foreign school, department, division, institute, or degree program at an equivalent level as required who have passed junior examinations under equivalent categories or passed the Civil Service Elementary Examination at least three years ago may register for the Civil Service Junior Examinations.

 

Article 15

All R.O.C. citizens aged 18 or above may register for the Civil Service Elementary Examination.

 

Article 16

Eligibility requirements of for Senior, Junior, and Elementary Examinations stipulated in Articles 13 to 15 apply mutatis mutandis to the corresponding Special Examinations levels.

 

Article 17

Eligibility requirements for civil service examination shall be drafted by the MOEX and submitted to the Examination Yuan for determination.

Apart from eligibility requirements set out in Articles 13 to 16, the following requirements may be included depending on exam level and category:

a. Higher educational requirements;

b. Related work or training experience with documentation;

c. Certified language skills as requested.

In the event professional certification is required by law or due to the professional needs of the agency responsible for hiring, candidates must hold all required professional qualifications before registering for the examination. The criteria for review of candidates’ professional qualifications should be drafted by the MOEX and submitted to the Examination Yuan for determination.

Qualification documentation must be reviewed and verified. Regulations concerning the reviewers’ qualification, review contents, rejections or requirements of additional materials shall be drafted by the MOEX and submitted to the Examination Yuan for determination.

 

Article 18

 All civil service examinations may be conducted in stages and in separate locations. The categories, locations, dates and other details should be announced by the MOEX two months prior to the date of examination.

Age, level, category, eligibility, exam subjects, score calculation, score and qualification status retention, and other matters are stipulated by respective exam regulations.

A exam registration fee must be paid at the time of registration. The fee is determined by the MOEX depending on the exam level, exam category, and how the exam is conducted. Disabled people, indigenous people, and people from low-income families or families facing hardships may be offered a discounted registration fee.

An examination fund may be set up to facilitate the administration of examination affairs. Regulations regarding the collection and use of the funds shall be determined by the MOEX.

 

Article 19

Regulations concerning grading, score weights, and specific score restrictions shall be drafted by the MOEX and submitted to the Examination Yuan for determination.

 

Article 20

Following the announcement of exam results, should it be discovered that an examinee did or did not obtain qualified status through procedural negligence attributable to the examination administration, MOEX should report to the Examination Yuan for amendments to the candidate’s qualification status.

Following the announcement of exam results, should it be discovered that an exam paper leak or malpractice has caused wrong results and that it cannot be determined who should pass the exam, MOEX should report to the Examination Yuan to nullify the announced results and re-hold the exam which the leak or malpractice has involved.

 

Article 21

Passing candidates will be placed for training in accordance with exam category and score ranking. Candidates who complete training will be granted a certificate and assigned to a post. Reserve-list candidates may be placed for training according to the needs of the agency responsible for hiring or the agency requesting to hold the examination. Training and hiring processes shall be the same as for passing candidates.

Regulations concerning the training period, training method, training reduction or exemption, retention of training status, training make-up, training resumption, training suspension, training fees, remuneration criteria, lifestyle management during training, leaves of absence, counseling, rewards and penalties, performance evaluation, disqualification from training, and qualification certificate application should be determined by the Examination Yuan in conjunction with relevant Yuan-level agencies. However, for training of a special nature with regulations stipulating the terms, the agency requesting to hold the examination should establish rules for the above matters, and submit these rules to the Civil Service Protection and Training Commission for approval and review. The format and fees related to the qualification certificate should be determined by the Examination Yuan. Disabled people, indigenous people, and those from low-income families or families facing hardships may be offered a discount or exemption.

 

Article 22

If any of the following circumstances is discovered prior to the examination, the candidate will be disqualified from taking the examination. If the discovery is confirmed during the examination, the candidate will receive a score of zero. If the discovery is confirmed before the announcement of the exam results, the candidate will not be accepted. If the discovery is confirmed during training, the candidate’s qualified status will be canceled. If the discovery is confirmed after completion of training, the candidate’s qualified status will be cancelled and qualification certificate will be revoked. If criminal liabilities are involved, the case will be referred to the prosecutors’ office. These discoveries include:

a. Any circumstance set out in Article 12, Paragraph 1;

b. Misrepresentation or use of false identity;

c. Forgery or falsification of examination documents or identification papers;

d. Any fraudulent or other improper activity that affects the validity of the exam results;

e. Ineligibility for the exam.

In the events listed in the preceding paragraphs 2 to 4, the candidate will be denied from taking any examination held by the Examination Yuan for a 5-year period beginning from the date of discovery.

 

Article 23

Unless otherwise stipulated by law, civil servants must pass promotional examinations in order to be promoted.

Regulations governing civil service promotional examinations shall be prescribed separately.

 

Article 24

As of 1999, those who pass the Special Civil Service Transfer Examinations for Veterans may only be placed to posts within the Ministry of Defense, the Veterans Affairs Commission, the Ocean Affairs Council and their affiliates, and must not transfer to outside of the original agency responsible for hiring for a period of six years. Military officers at the rank of colonel or higher who have left the military and transferred to civil service through qualification review process or by passing a civil service examination may only be placed to posts in the National Security Council, the National Security Bureau, the Ministry of Defense, the Veterans Affairs Commission, the Ocean Affairs Council and their affiliates, the military affairs or military training units in the central or a municipal government of a municipality directly under the jurisdiction of the Executive Yuan, or to military training institutions.
Reservists who take senior or junior civil service examinations or special veterans who take special civil service transfer examinations may be entitled to preferential grading only if they 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, or the Datong Medal, or have legally left the military due to injuries received in war or on duty.

 

Article 25

The conduct of civil service examinations is stipulated by the Examination Affairs Act.

 

Article 26

(Deleted)

 

Article 27

The enforcement rules of this Act shall be drafted by the MOEX and submitted to the Examination Yuan for determination.

 

Article 28

This Act shall come into effect upon promulgation.

 

In case of any discrepancy between the English version and the Chinese version, the latter shall prevail.


Update: 2024-01-18
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