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英譯法規內容

法規名稱(Title) Act Governing the Employment of Diplomatic and Consular Personnel Stationed Overseas Ch
公發布日(Date) 2018.01.17
法規沿革(Legislative) 1.Articles 1-14 Promulgated by Presidential Order on June 18, 1959
2.Amended Articles 2, 3,7, and 9 by Presidential Order on August 9, 1963
3.Amended Article 3 by Presidential Order on January 13, 1966
4.Amended Articles 2, and 9 on January 19, 1978
5.Articles 1-13 Amended by Presidential Order Hua Zong I Yi No. 7094 on
December 29, 1989
6.Amended Articles 4, and 7 by Presidential Order Hua Zong I Yi No. 0255 on
January 18, 1995
7.Amended Articles 1-10 by Presidential Order Hua Zong I Yi No. 10300085361 on
June 4, 2014 for implementation.
8.Amended Article 2 by Presidential Order Hua Zong I Yi No.10700004141 on
January 17, 2018
法規內文(Content)

Article 1     The employment of diplomatic and consular personnel stationed

                    overseas shall be governed by this Act. Related matters not provided

                    herein shall be governed by the Civil Service Employment Act.

Article 2      Diplomatic and consular personnel stationed overseas include

                    the following:

                    1. Ambassadors, ministers, permanent representatives, deputy

                        permanent representatives, counselors, deputy counselors, first

                        secretaries, second secretaries, third secretaries

                    2. Consuls general, vice consuls general, consuls at consulates,

                        consuls at consulates general, vice consuls

                    Personnel appointed to serve as ambassador, permanent representative,

                    or deputy permanent representative based on experience and

                    expertise required by the diplomatic mission concerned shall not be

                    subject to the limitations stipulated in Articles 3 and 4 of this Act.

                    However, their number, excluding politically appointed ambassadors

                    and permanent representatives, shall not exceed 15 percent of

                    the total number of ambassadors, permanent representatives,

                    and deputy permanent representatives.

Article 3      Diplomatic and consular personnel stationed overseas must meet

                    at least one of the following qualifications:

                    1. Passed the Special Examination for Diplomatic and Consular

                        Personnel

                    2. Passed the Special Examination for International Information

                        Personnel, and were transferred to the Ministry of Foreign

                        Affairs or assigned by MOFA to a diplomatic mission following

                        Executive Yuan restructuring

                   3. Possess equivalent qualifications for their position as specified

                       by the Civil Service Employment Act, graduated from a

                       domestic or overseas university recognized by the Ministry of

                       Education, are competent in at least one foreign language, and

                       also meet any of the following requirements:
                   

                     3.1. Have served in a junior rank position or higher at MOFA,

                                 the Coordination Council for North American Affairs, or at

                                 diplomatic missions following assignments by MOFA for at

                                 least three years

                          3.2. Have served in a junior rank position or higher at the

                                 Government Information Office or its overseas offices, and

                                 were transferred to MOFA or assigned by MOFA to diplomatic

                                 missions following Executive Yuan restructuring with total

                                 combined time prior to and following the transfer to MOFA

                                 or assignment to a diplomatic mission of at least three years
                          

                         4. Prior to the implementation of amendments to this Act on May

                             20, 2014, served at diplomatic missions with senior rank, grade

                             12 or higher and were certified as possessing civil servant

                             qualifications in the diplomatic and consular affairs or information

                             services fields

                          Quota for personnel described in Subparagraph 3 of the previous

                           Paragraph shall not exceed 15 percent of the total number of personnel

                           under Subparagraphs 1, 2 and 4, excluding the heads of diplomatic

                           missions.

Article 4      In addition to meeting the aforementioned qualifications, diplomatic

                    and consular personnel of senior rank stationed overseas must also

                    meet at least one of the following qualifications:

                    1.Have qualified for senior rank in accordance with the Civil

                       Service Employment Act

                    2.Have served in a senior rank position at MOFA or the Coordination

                       Council for North American Affairs

                    3.Have served in a senior rank position as diplomatic or consular

                       personnel stationed overseas

Article 5      In addition to meeting the qualifications listed in Article 3, diplomatic

                    and consular personnel of junior rank stationed overseas must also

                    meet at least one of the following qualifications:

                    1.Have served in a junior rank position at MOFA or the Coordination

                       Council for North American Affairs for one year

                    2.Have served in a junior rank position as diplomatic or consular

                       personnel stationed overseas

                    3.Have served in a junior rank position at the GIO, and were

                       transferred to MOFA or assigned by MOFA to a diplomatic mission

                       following Executive Yuan restructuring with total combined time

                       prior to and following the transfer to MOFA or assignment to a

                       diplomatic mission of at least one year

Article 6      With regard to personnel specified in Paragraphs 4 and 5 of Article 5

                     of the Organization Act of Diplomatic Missions of the Republic of

                     China (Taiwan), Articles 3, 4, and 5 of this Act shall not apply to

                     personnel who are serving in positions stated in Paragraph 1 of Article 2

                     and whose status conforms to the provisions of the Temporary

                     Assigned Worker Assignment Act.

Article 7      In principle, each overseas term for diplomatic and consular personnel

                    shall not exceed six years. Within such a term, diplomatic and

                    consular personnel may be transferred among diplomatic missions.

                    At the end of an overseas term, they shall be transferred back to

                    MOFA headquarters.

                    An overseas term described in the previous Paragraph may be extended

                    or shortened in accordance with policies of the host nation of the

                    diplomatic mission, legal restrictions, or work requirements. If extended,

                    overseas terms shall not exceed nine years.

Article 8      Diplomatic and consular personnel stationed overseas who perform

                    the same function for a six-year term and do not receive a Grade A

                    performance evaluation in any year shall no longer be dispatched

                    overseas.

Article 9      Enforcement rules of this Act shall be formulated by MOFA in

                    coordination with the Ministry of Civil Service.

Article 10    This Act shall enter into force on the date of its promulgation.