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Civil Service Examinations Act Enforcement Rules

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Civil Service Examinations Act Enforcement Rules
 
Date of promulgation

Promulgated on 2 May, 1986 by order Kao-Tai-Mi-Yi-Zi No.1427 of the Examination Yuan (75) in a full text incorporating 25 articles.
Amended and promulgated on 28 April, 1995 by order Kao-Tai-Zu-(1)-Yi-Zi No. 02357 of the Examination Yuan (84), which revised Article 4 and deleted Article 19.
Amended and promulgated on 24 October, 1995 by order Kao-Tai-Zu-(1)-Yi-Zi No. 06935 of the Examination Yuan (84), which revised Article 4 and added Article 13-1.
Amended and promulgated on 5 March, 1996 by order Kao-Tai-Zu-(1)-Yi-Zi No.00703 of the Examination Yuan (85), which revised the full text of the Act in 21 articles.
Amended and promulgated on 30 August, 1996 by order Kao-Tai-Zu-(1)-Yi-Zi No. 04187 of the Examination Yuan (85), which revised Article 4.
Amended and promulgated on 11 May, 1998 by order Kao-Tai-Zu-(1)-Yi-Zi No. 02169 of the Examination Yuan (87), which revised Article 3, 8 and 16.
Amended and promulgated on 20 May, 1999 by order Kao-Tai-Zu-(1)-Yi-Zi No. 03421 of the Examination Yuan (88), which revised Article 3 and 11.
Amended and promulgated on 8 October, 1999 by order Kao-Tai-Zu-(1)-Yi-Zi No. 06639 of the Examination Yuan (88), which revised Article 4.
Amended and promulgated on 9 November, 1999 by order Kao-Tai-Zu-(1)-Yi-Zi No. 07129 of the Examination Yuan (88), which revised Article 8.
Amended and promulgated on 29 March, 2002 by order Kao-Tai-Zu-(1)-Yi-Zi No. 0910001079 of the Examination Yuan.
Amended and promulgated on 23 July, 2002 by order Kao-Tai-Zu-(1)-Yi-Zi No. 091005460 of the Examination Yuan, which revised Article 8.
Amended and promulgated on 8 January, 2003 by order Kao-Tai-Zu-(1)-Yi-Zi No. 0910010418 of the Examination Yuan, which revised Article 5 and 8.
Amended and promulgated on 7 March, 2003 by order Kao-Tai-Zu-(1)-Yi-Zi No. 09200011571 of the Examination Yuan, which revised Article 5.
Amended and promulgated on 27 October, 2006 by order Kao-Tai-Zu-(1)-Yi-Zi No. 09500082651 of the Examination Yuan, which revised Article 3, 8, and 11.
Amended and promulgated on 29 April, 2008 by order Kao-Tai-Zu-(1)-Yi-Zi No. 09700030111 of the Examination Yuan, which revised the full text of the Act in 18 articles.
Amended and promulgated on 25 July, 2011 by order Kao-Tai-Zu-(1)-Yi-Zi No. 10000062381 of the Examination Yuan, which revised Article 9.
Amended and promulgated on 30 April, 2012 by order Kao-Tai-Zu-(1)-Yi-Zi No. 10100037101 of the Examination Yuan, which revised Article 3 and 16.
Amended and promulgated on 3 June, 2013 by order Kao-Tai-Zu-(1)-Yi-Zi No. 10200048371 of the Examination Yuan, which revised Article 13 and 14.
Amended and promulgated on 9 July, 2013 by order Kao-Tai-Zu-(1)-Yi-Zi No. 10200058321 of the Examination Yuan, which revised Article 9.
Amended and promulgated on 25 August, 2014 by order Kao-Tai-Zu-(1)-Yi-Zi No. 10300020171 of the Examination Yuan, which revised the full text of the Act in 21 articles.

Full text of the Act

Article 1
These Enforcement Rules are formulated in accordance with Article 27 of the Civil Service Examinations Act (hereinafter referred to as This Act).

Article 2  
The civil service personnel, whose employment shall be undertaken by means of examinations to determine qualifications, as stipulated in Article 1 of this Act, refer to the following personnel:
1.Civil servants of the central government and all subsidiary agencies.
2.Civil servants of local governments and all subsidiary agencies.
3.Civil servants of public opinion organs at all levels.
4.Staff of public education agencies at all levels.
5.Employees of public enterprises.
6.Employees of transportation enterprises.
7.Other civil servants qualified through examinations.
Stipulations are inapplicable to the abovementioned personnel whom of which are not restricted by employment qualifications.

Article 3 
 
The term “open competition” stipulated in Article 2 of this Act, means that any citizen of the Republic of China over the age of 18 that conforms with regulations stipulated in Article 7, 9, 13, 14, 15, 16, and 17, and are not included in any one of the categories stipulated in Article 12 denied to sit an examination, may apply and sit any examination, and be selected for employment by highest examination grade.
The term “unless otherwise stipulated in this Act,” as mentioned in Article 2 of this Act, refers to stipulations in paragraph 2, Article 24 of this Act.

Article 4 
 
The term “annual needs of employing agencies” stipulated in Paragraph 1, Article 3 of this Act, refers to the verified examination level, category and quota of employment, submitted to the Ministry of Examination by the Ministry of Civil Service and the Directorate-General of Personnel Administration of the Executive Yuan before the beginning of the year and during application to hold examinations, or one month before the second Board of Examiners Meeting is held.
The term “in-quota qualifiers” stipulated in Paragraph 1, Article 3 of this Act, means that when two examinees of the same score are both found qualified for the final employment quota submitted by the employing agency after the allocation of examinees to employing agencies in order of examination grade, they shall both be regarded as “in-quota qualifiers.”
The term “runner-ups” stipulated in Paragraph 1, Article 3 of this Act, refers to additional qualified personnel aside from the in-quota qualifiers.
The term “reserve list” stipulated in Paragraph 1, Article 3 of this Act, refers to the list of runner-ups, in the order of their examination scores, created by the allocating agencies or examination organizing agencies. The reserve list is consisted of examination level, category, name, education records, telephone number, and address for the future reference of allocating agencies or examination organizing agencies upon allocating runner-ups for training, after in-quota qualifiers have been fully allocated.
The term “allocating agencies” stipulated in Paragraph 1, Article 3, refers to the Ministry of Civil Service and the Directorate-General of Personnel Administration of the Executive Yuan.
The term “regular and sequential” stipulated in Paragraph 1, Article 3, refers to the regularized bimonthly training allocation for runner-ups according to their examination scores, by allocating agencies or examination organizing agencies, before the next examination result publication date and after allocation of in-quota qualifiers. However, allocating agencies or examination organizing agencies may make adjustments according to practical operation demands.
The term “same examination” stipulated in Paragraph 2, Article 3, refers to examinations conducted under the same examination regulations.
The term “the employing agency or examination organizing agencies will allocate them for training at the category requesting comparably higher examination ranking or grade” means that candidates will be allocated for training at the agency requiring comparably higher scores when examinees are qualified for examinations of different levels, and will be allocated for training at agencies of higher ranking categories when examinees are qualified for examinations of the same level.

Article 5 
 
The term “qualifiers performing compulsory military service” stipulated in Subparagraph 1, Article 4, refers to in-quota qualifiers with verification proving they have yet completed their compulsory military service as mandated by the Act of Military Service System, or have yet completed their Defense Industry Reserve Duty service as Reserved Officers before their training allocation.
The terms “qualifiers studying towards Master’s Degree” and “preparing a Doctoral Degree” as stipulated in Subparagraph 2, Article 4, refer to in-quota qualifiers with verification proving they have yet completed their degrees in public or accredited private universities, or have yet completed their master’s or doctoral degree from overseas universities recognized by the Ministry of Education before their training allocation.
The term “qualifiers impeded in their freedom of action by circumstances beyond their immediate control such as illness, pregnancy, childbirth, parental terminal illness, and child critical illness” as stipulated in Subparagraph 3, Article 4, refers to in-quota qualifiers with verification from National Health Insurance contracted hospitals proving their illness, pregnancy, childbirth, parental terminal illness, and child critical illness status, or with verification proving other status where they are impeded in their freedom of action by circumstances beyond their immediate control, before their training allocation.
The term “qualifiers rearing children under the age of three” as stipulated in Subparagraph 4, Article 4, refers to in-quota qualifiers with verification proving they are with children under the age of three.
The Ministry of Examination must clearly state in both the qualification list and qualification notice whether qualifiers are in-quota qualifiers or runner-ups.

Article 6 
 
The term “apply for deferred training” as stipulated in Paragraph 3, Article 5, refers to the process where runner-ups unable to accept immediate training allocation due to incomplete compulsory military service or due to their rearing of children under the age of three and must apply for deferral. Upon qualification notice from allocating agencies or examination organizing agencies, such qualifiers must provide full verification documentation within stipulated time and apply to their allocating agency or examination organizing agency for deferral of training allocation; they must also report and apply to allocating agency or examination organizing agency within three months upon their reason for deferral has been terminated. Such qualifiers who do not apply for training allocation within set timeline, or do not report to training agencies and accept training within set timeline, shall lose their qualifier status.
The phrase ”qualifiers who fail to attend the allocated training within the stipulated time or who have not been allocated for training or a post before the results of the next such examination are published lose their qualifier status” as stipulated in Paragraph 3, Article 5, means qualifiers included in the reserve list who have not been allocated for training by allocating agencies or examination organizing agencies before results of the next such examination are published, shall lose their qualifier status; such disqualifications shall be reported by the Ministry of Examination to the Examination Yuan. However, qualifiers who have been approved for deferral of training allocation due to reasons of incomplete compulsory military service or rearing of children under three years of age are not included.
Runner-up qualifiers, whose spouses are civil servants and currently on parental leave without pay, are not eligible for deferral of training allocation due to reason of rearing children under three years of age.

Article 7        
The phrase "successful candidates must remain at their allocated organization and subordinate agencies or schools for three years of service before they may apply for transfer" as stipulated in Paragraph 1, Article 6, means that qualified examinees of Level One, Level Two, Level Three Civil Service Examinations, Junior Civil Service Examinations, and Elementary Civil Service Examinations may not apply for transfer until they have fulfilled actual service at their allocated organizations for a period of three years after they are rated as qualified from training and have obtained examination qualification status.
The term "allocated organization and subordinate agencies or schools" stipulated in Paragraph 1, Article 6 refers to the following organizations and schools:
  1.The Office of the President, Executive Yuan, Legislative Yuan, Control Yuan, Taiwan Provincial Government, Taiwan Provincial Consultative Council, Council of the Special Municipality, County (City) Council, Township (town, city) Representative Council.
  2.The Judicial Yuan and subordinate agencies.
  3.All Ministries, Councils, Directorate-General, Academia Sinica, Academia Historica, Central Bank, National Palace Museum, other agencies of level equivalent to level-two agencies, or independent agencies and subordinate agencies and schools equivalent to level-two agencies.
  4.Government of the Special Municipality, County (City) Government, Township (town, city) Office and subordinate agencies and schools.
The term "institutions of special nature" as stipulated in Paragraph 2, Article 6, refers to local self-governing government agencies and institutions in charge of special affairs:
  1.The Judicial Yuan: in charge of judiciary affairs.。
  2.The National Security Council: in charge of national security and intelligence affairs.
  3.Ministry of the Interior: in charge of police administration, fire safety administration, and immigration administration affairs.
  4.Ministry of Foreign Affairs: in charge of diplomatic and foreign affairs.
  5.Ministry of National Defense: in charge of national defense.
  6.Ministry of Finance: in charge of customs and taxation affairs.  
  7.Ministry of Justice: in charge of inspection, correction, judicial protection, administrative enforcement, national investigation and security protection affairs.
  8.Ministry of Economic Affairs: in charge of international trade, patent and trademark inspection.
  9.Ministry of Transportation and Communication: in charge of highway and marine affairs.
  10.Ministry of Health and Welfare: in charge of social welfare affairs.
  11.Veterans Affairs Council: in charge of veteran affairs.
  12.Coast Guard Administration of the Executive Yuan: in charge of safeguarding maritime space and coastal order.
  13.Other institutions of special nature.
The phrase "Special Examinations are held at grades 1 through 5 in accordance with the above said levels and grades" as stipulated in Paragraph 2, Article 6, means that Grade One Special Examination is equivalent to Level One Civil Service Examination, Grade Two Special Examination is equivalent to Level Two Civil Service Examination, Grade Three Special Examination is equivalent to Level Three Civil Service Examination, Grade Four Special Examination is equivalent to Junior Civil Service Examination, Grade Five Special Examination is equivalent to Elementary Civil Service Examination.
  The phrase "Except where this Act stipulates otherwise" as stipulated in Paragraph 2, Article 6, refers to "special examinations for technical personnel working in high-technology occupations or occupations requiring unusual skills" stipulated in Article 8 and " Special Civil Service Transfer Examinations for Veterans" stipulated in Article 24.
  The phrase "persons qualifying under Special Examinations are not permitted to transfer outside the originally allocated agencies for a period of six years" as stipulated in Paragraph 2, Article 6, means that Special Examination qualifiers may not apply for transfer until they have fulfilled actual service at their allocated organizations for a period of six years after they are rated as qualified from training and have obtained examination qualification status.。
  The Ministry of Examination must define the nature and scope of the staffing agencies when they apply for the holding of special examination. When they are found to be in accordance with the stipulations of Paragraph 2, Article 6, they may be submitted to the Examination Yuan for approval.
  Level One Civil Service Senior Examination held before the Act was amended and promulgated on January 17, 1996 is equivalent to Level Two Civil Service Senior Examination held after the Act was amended and promulgated on January 17, 1996;
Level Two Civil Service Senior Examination or Grade B Special Examination held before the amendment and promulgation is equivalent to Level Three Civil Service Examination held after the amendment and promulgation; Junior Civil Service Examination or Grade C Special Examination before the amendment and promulgation is equivalent to Junior Civil Service Examination held after the amendment and promulgation; Grade D Special Examination held before the amendment and promulgation is equivalent to Elementary Civil Service Examination held after the amendment and promulgation.

Article 8  
For the "eligible age" as stipulated in Paragraph 2, Article 7, the minimum age shall be met as of the day before the holding of the Examination, whereas the maximum age shall be calculated up to the day before applying for the Examination; calculations shall be based on household registration data.
The Ministry of Examination may determine the drafting of examination questions for the Civil Service Examination subjects. Change of examination subjects shall be publicly announced four months prior to the holding of Examination, whereas addition or decrease in examination subjects shall be publicly announced two months prior to the holding of Examination.
Amendments to regulation titles stated in parentheses under the said examination subjects are not bound to public announcement dates.

Article 9 
Qualifiers of all Civil Service Special Examination and permanently restricted Special Examination recruits before the Act's amendment and promulgation as of December 26, 2001, may apply for transfer to Special Examination staffing agencies, subordinate agencies and other agencies once having fulfilled actual service at their allocated organizations for a period of six years, and after they have been rated as qualified from training and have obtained examination qualification status.

Article 10  
For examinations requiring physical examination, examination applicants must undergo physical examination before exam registration or after posting of public notice. Applicants required to undergo physical examination before exam registration must hand in their physical examination result sheet during registration procedure, without which or with disqualified results, the applicant would be denied registration for examination. Applicants required to undergo physical examination after the posting of public notice must hand in their physical examination result sheet within set date, if physical exam results are not handed in within set date or state the applicant to be disqualified, the applicant would be denied participation in following examination procedures, or be disqualified, or be denied from training, or be denied issuance of examination qualification certificate.
Requirement, time, and standards set for physical examination shall all be publicly announced during examination announcement.

Article 11  
The three year qualification restriction stipulated as in Subparagraph 3, Article 13 and in Article 14 shall be calculated starting the day qualifiers complete training and obtain qualification status up to the day before the applied examination is to be held.
Diploma degree of 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 as stipulated in all Subparagraphs of Article 13 shall be recognized based on stipulations of the Regulations Regarding the Assessment and Recognition of Foreign Academic Credentials for Institutions of Higher Education formulated and announced by the Ministry of Education.

Article 12  
Vocational schools and high schools stipulated in Article 14 include all schools of the same level.
Drop out students from public or accredited private universities, colleges, two-year junior college or forth-year drop out students from five-year junior colleges with certified documentation shall be regarded as high school graduates and, according to their field of study, shall be found eligible for Junior Examination or Grade 4 Special Examination. However, according to regulations, were staffing agencies to request professional certification due to the nature of the agencies, candidates must have the required professional certification to meet eligibility requirements.

Article 13 
Qualifiers of Qualifying Examination for Senior Examinations also meet eligibility requirements for Level Three Senior Examination, Civil Service Junior Examination, or Grade Three Special Examination, and Grade Four Special Examination. Qualifiers of Qualifying Examinations for Junior Examinations also meet eligibility requirements for Civil Service Junior Examination or Grade Four Special Examination.

Article 14 
Examinees must provide the following documents upon registration:
1.Resume for registration;
2.Examinee qualification documents;
3.One-inch upper-front hatless photograph of examinee taken within a year;
4.Registration fee;
5.Other verification documents.
Fresh graduates unable to turn in graduation certificate at the time of registration may still be allowed to register for exams once eligibilities are reviewed and approved, however must turn in their proof of graduation or graduation certificate before the examination of the first subject is held on the first examination day. Those who do not turn in their documentations by the said deadline may not sit for the exam. When under special circumstances and with the Examination Yuan’s approval, examinees may be allowed longer deadlines, however, the graduation date dated on the graduation certification turned in must be before the first day of the holding of the registered examination.
Examinees for examinations that require physical examination must turn in their physical examination sheet before the publicly announced date.
Examinees may register for examinations through mail or internet.
Depending on the examining agency, examinations registered through the internet may be exempt from turning in partial verification documents stated in the first paragraph of this article.
Examinees, who according to regulations must hand in verification documents and yet have not handed them in or handed in incomplete verification documents, will be notified by the examining agency to hand in or fill in incomplete documents within fixed date. Registries of those who do not hand in or fill in incomplete documents will not be accepted or will be rejected. Notifications, unless otherwise stipulated, may be conducted through email, fax, text, or other electronic documentations, and shall be regarded as itself served. Examinees should ensure the normal operation of provided communication channels such as email address and cell phone number, and also timely check for notification from examining agencies.
To verify examinee eligibility, examining agencies may make use of information exchange platforms of household registration and conscription agencies and schools of all levels to cross-check examinees’ registration information.

Article 15  
To promote internet paperless registration, scanned image files of registration resume and all other eligibility verification documents may be destroyed after six years, starting count as of the day of public announcement, upon approval. The destruction date may be deferred or other arrangements may be made for the said files when deemed necessary.
Registration documents for all examinations and related important paper files may be destroyed after one year, starting count as of the day of public announcement, upon approval. The destruction date may be deferred or other arrangements may be made for the said files when deemed necessary.

Article 16  
The phrase that “Examinations may be conducted in stages” as stipulated in Paragraph 1, Article 18, means that examinations may be conducted in two stages, and when necessary, in three stages. Examinees who do not pass the first stage of examinations may not sit the second stage; examinees who do not pass the second stage of examinations may not sit the third stage. Scores of all stages will be calculated together to form the final examination score, however if specific regulations are stipulated for certain examinations, those regulations are to be abided. Examination affairs of the staged examinations shall be dealt with by the same Board of Examiners. 
The term that examinations may be conducted in “separate locations” as stipulated in Paragraph 1, Article 18, means that the Ministry of Examination must establish appropriate examination venues in different locations depending on factors such as the number of registered examinees, nature of examination, and with reference to the government’s human, equipment, and budget resources. The establishment of examination venues must adhere to regulations stipulated in the National Examination Regional Examination Organization Guidelines.
The phrase “enjoy a discount on all examination fees” as stipulated in Paragraph 3, Article 18, means that the stipulated examinees will enjoy a 50% discount, from the fixed registration fee, on all written and oral examinations of the staged examinations, physical examination, authorship and invention verification, competence related education and work experience verification.

Article 17  
Qualified examinees of Civil Service Examinations shall be ranked in the order of their total examination scores or examination pass number. When examinees who are ranked by total examination score have achieved equal scores, they shall be ranked in the order of their average professional subjects’ scores; when they have achieved equal average professional subjects’ scores, they shall be ranked in the order of their Chinese subject score; when they have achieved equal Chinese subject score or when they were not tested in the Chinese subject examination, they shall be ranked in the order of their examination pass number.

Article 18  
The phrase “Procedural negligence by the examination administration” as stipulated in Article 20 refers to the following situations:
1.Overlooked answer sheets in the marking process
2.Inconsistent scores marked on inside and outside of examination sheet; 
3.Errors made in the score recording and calculation process;.
  4.Other errors attributable to the procedural negligence by the examination administration

Article 19
The statement “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” as stipulated in Paragraph 1, Article 21 means that the Ministry of Examination shall submit the in-quota qualifiers’ resume records and related documents to the Civil Service Protection and Training Commission for the further in-quota personnel training. In-quota qualifiers, having achieved the required grade at the end of their training, shall be reported to the Examination Yuan, by the Civil Service Protection and Training Commission, for the issuance of qualification certificate, and also submitted to the Ministry of Civil Service, Directorate-General of Personnel Administration of the Executive Yuan, or staffing agencies for further appointment to post.
Allocating agencies or staffing agencies shall transferred extra-quota qualifiers to the Civil Service Protection and Training Commission for training. Once they achieve the required grade at the end of training, they be issued the qualification certificate and appointed to posting as according to the above-said procedures.
Allocating agencies or staffing agencies should first process the in-quota qualifiers appointments before extra-quota qualifiers appointments.

Article 20
The term “candidate will be disqualified” as stipulated in Paragraph 1, Article 22, means that all scores attained by the examinee will be deemed invalid and counted as zero; the candidate shall be disqualified.
The term “denied to sit any examinations held or mandated by the Ministry of Examination” as stipulated in Paragraph 2, Article 22 include the Civil Service Examinations and the Professional and Technical Examinations.

Article 21
These Enforcement Rules enter into effect as of their date of promulgation.

Update: 2016-08-12
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