The Additional Articles of the Constitution of the Republic of China . The pertinent provisions of Article 49 of the Constitution shall not apply. The presidential and the vice presidential candidates shall register jointly and be listed as a pair on the ballot. The remaining grand justices shall serve for eight years. Recall of the president or the vice president shall be motioned by one-fourth of all delegates to the National Assembly, proposed with the concurrence of two-thirds of such delegates, and passed by more than one-half of the valid ballots in a vote taken part in by more than one-half of the electorate in the free area of the Republic of China. . Citizens of the free area of the Republic of China residing abroad may return to the ROC to exercise their electoral rights and this shall be stipulated by law. 29. constituteproject.org PDF generated: 17 Jul 2014, 14:51 Taiwan 1947 (rev. The Control Yuan shall have 29 members, including a president and a vice president, all of whom shall serve a term of six years. The state upholds the uniformity and dignity of the socialist legal system. The president and the vice president shall be directly elected by the entire populace of the free area of the Republic of China. Disruption of the socialist system by any organization or individual is prohibited. Should the no-confidence motion fail, the Legislative Yuan may not initiate another no-confidence motion against the same president of the Executive Yuan within one year. The State shall assist and protect the survival and development of private small and medium-sized enterprises. Rights and obligations between the people of the Chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law. - Kindle edition by Thompson, Edwin. Constitution Of Republic Of China and the Additional Articles, 1947 Constitution Of Republic Of China and the Additional Articles, adopted by the National Assembly on December 25, 1946, promulgated by the national government on January 1, 1947, and effective from December 25, 1947 December 25, 1947 The Constitution of the Republic of China (Taiwan). 7. The Council of Grand Justices, in its Constitutional Interpretation No. The State shall respect military servicemen for their contributions to society, and guarantee studies, employment, medical care, and livelihood for retired servicemen. Additional Articles of the Constitution of the Republic of China; Original title: 中華民國憲法增修條文: Jurisdiction: Free area of the Republic of China: Ratified: April 22, 1991: Date effective: May 1, 1991: System: Unitary semi-presidential constitutional republic: Branches: Five … Following the suspension of elections for members of the Taiwan Provincial Assembly and for the governor of Taiwan Province, modifications of the functions, operations, and organization of the Taiwan Provincial Government may be specified by law. Twenty delegates shall be elected from among the citizens of the Republic of China who reside abroad. Members of the Control Yuan shall be beyond party affiliation and independently exercise their powers and discharge their responsibilities in accordance with the law. The revised Additional Articles promulgated on July 21, 1997 would remain in effect. With the signatures of more than one-third of the total number of Legislative Yuan members, the Legislative Yuan may propose a no-confidence vote against the president of the Executive Yuan. 6. The socialist system is the fundamental system of the People’s Republic of China.� Should a motion to impeach the president or the vice president initiated and submitted to the National Assembly by the Legislative Yuan be passed by a two-thirds majority of all delegates to the National Assembly, the party impeached shall forthwith be dismissed from office. The procedures for the exercise of powers by the National Assembly shall be determined by the Assembly itself. To elect the vice president in accordance with Article 2, Paragraph 7 of the Additional Articles when the said office becomes vacant. In the event that the National Assembly has not convened for a period of one year, the president shall convoke a meeting for the aforementioned purpose, the restrictions in Article 30 of the Constitution notwithstanding. To meet the requisites of the nation prior to national unification, the following articles of the ROC Constitution are added or amended to the ROC Constitution in accordance with Article 27, Paragraph 1, Item 3; and Article 174, Item 1: The electors of the free area of the Republic of China shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the Legislative Yuan on the amendment of the Constitution or alteration of the national territory. The provisions of Article 34 of the Constitution shall not apply. The State shall also guarantee and provide assistance and encouragement for aboriginal education, culture, transportation, water conservation, health and medical care, economic activity, land, and social welfare, measures for which shall be established by law. Measures for this shall be established by law. The remuneration or pay of the members of the National Assembly and the Legislative Yuan shall be regulated by law. This shall be effective from the election for the ninth-term president and vice president in 1996. The State shall also guarantee and provide assistance and encouragement for aboriginal education, culture, trans portation, water conservation, health and medical care, economic activity, land, and social welfare. The State shall promote universal health insurance and promote the research and development of both modern and traditional medicines. The powers, procedures of establishment, and total number of personnel of national organizations shall be subject to regulation under the guiding principles of the law. Three members each shall be elected from among the lowland and highland aborigines in the free area. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs. This shall take effect from the year 2003, and the provisions of Article 79 of the Constitution shall not apply. Article 5. The State affirms cultural pluralism and shall actively preserve and foster the development of aboriginal languages and cultures. 3. The provisions of Article 91 through Article 93 of the Constitution shall cease to apply. . Three delegates each shall be elected from among the lowland and highland aborigines in the free area. The provisions of Article 81 of the Constitution and pertinent regulations on the lifetime holding of office and payment of salary do not apply to grand justices who did not transfer from the post of a judge. The grand justices serving as president and vice president of the Judicial Yuan shall not enjoy the guarantee of an eight-year term. This page was last edited on 2 August 2019, at 12:05. A province shall have a provincial advisory council made up of a number of members, who shall be nominated by the president of the Executive Yuan and appointed by the president of the Republic. The State shall assist and protect the survival and development of private small and medium-sized enterprises. The provisions of Article 91 through Article 93 of the Constitution shall cease to apply. When the National Assembly convenes, it may hear a report on the state of the nation by the president, discuss national affairs, and offer counsel. The Judicial Yuan shall have 15 grand justices. 3. The pair that receives the highest number of votes shall be elected. Article 2. Article 6. Except for general annual adjustments, individual regulations on increase of remuneration or pay shall go into effect starting with the subsequent National Assembly or Legislative Yuan. Should the Legislative Yuan not reach a resolution within the said period of time, the original passage of the bill shall become invalid. 2004) Page 6 • Duty to obey the constitution Article 5 The People's Republic of China exercises power in accordance with the law and establishes a socialist country under the rule of law. Recall of the president or the vice president shall be initiated upon the proposal of one-fourth of all members of the Legislative Yuan, and also passed by two-thirds of all the members. The Constitution of the Republic of China (Chinese: 中華民國憲法) is the fifth and current constitution of the Republic of China, ratified by the Kuomintang during the Constituent National Assembly [zh] session on December 25, 1946, in Nanjing, and adopted on December 25, 1947. A county shall have a county council, members of which shall be elected by the people of the said county. The Constitution of the People's Republic of China is nominally the supreme law of the People's Republic of China.It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years.It is the fourth constitution in the country's history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution. Matters relating to the qualification screening, security of tenure, pecuniary aid in case of death, and retirement of civil servants; and. To deliberate, in accordance with Article 2, Paragraph 10 of the Additional Articles, a petition for the impeachment of the president or vice president initiated by the Legislative Yuan. Should the president of the Executive Yuan resign or the office become vacant, the vice president of the Executive Yuan shall temporarily act as the president of the Executive Yuan pending a new appointment by the president. Following the dissolution of the Legislative Yuan, an election for legislators shall be held within 60 days. Except for general annual adjustments, individual provisions on increase of remuneration or pay shall take effect starting with the subsequent Legislative Yuan. This made China (with approx. . However, should the emergency order be issued after the election of new members to the Legislative Yuan, the new members shall ratify the order after their inauguration. The provisions of Article 85 of the Constitution concerning the holding of examinations in different areas, with prescribed numbers of persons to be selected according to various provinces and areas, shall cease to apply. Should more than one-half of the total number of Legislative Yuan members uphold the original bill, the president of the Executive Yuan shall immediately accept the said bill. The provisions of Article 74 of the Constitution shall cease to apply. The organization of the said organs shall be stipulated by law. The State shall, in accordance with the will of the ethnic groups, safeguard the status and political participation of the aborigines. The Control Yuan shall be the highest control body of the State and shall exercise the powers of impeachment, censure and audit; and the pertinent provisions of Article 90 and Article 94 of the Constitution concerning the exercise of the power of consent shall not apply. The final recall must be passed by more than one-half of the valid ballots in a vote in which more than one-half of the electorate in the free area of the Republic of China takes part. A province shall have a provincial advisory council made up of a number of members who shall be nominated by the president of the Executive Yuan and appointed by the president of the Republic. Should the office of the vice president become vacant, the president shall nominate a candidate(s) within three months, and the Legislative Yuan shall elect a new vice president, who shall serve the remainder of the original term until its expiration. Eighty delegates shall be elected from the nationwide constituency. The State shall accord to nationals of the Republic of China residing overseas protection of their rights of political participation. This will take effect from the year 2003, and the provisions of Article 79 of the Constitution shall not apply. The terms of office for both the president and the vice president shall be four years. . The National Assembly shall meet in accordance with Item 1, or Item 4 through Item 6 of the preceding paragraph; or at the request of no fewer than two-fifths of its delegates through the convocation of the president. The Legislative Yuan shall reach a resolution on the returned bill within 15 days after it is received. The president may, by resolution of the Executive Yuan Council, issue emergency decrees and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis, the restrictions in Article 43 of the Constitution notwithstanding. The terms of office for both the president and the vice president shall be four years. The president and the vice president may only be re-elected to serve one consecutive term; and the provisions of Article 47 of the Constitution shall not apply. The State protects the lawful … At least one member shall be elected in each county and city. The provisions of Article 101 and Article 102 of the Constitution shall cease to apply. One hundred and sixty-eight members shall be elected from the Special Municipalities, counties, and cities in the free area. To amend the Constitution in accordance with Article 27, Paragraph 1, Item 3 and Article 174, Item 1 of the Constitu tion. While the Legislative Yuan is in session, its members shall have the right to interpellate the president of the Executive Yuan and the heads of ministries and other organizations under the Executive Yuan. The relationship between the central government and the provincial and county governments. 499 on March 24, 2000, announced that the Additional Articles of the Constitution approved on September 15, 1999, were void, effective immediately. Template:Chinese. 2. No member of the Legislative Yuan may, except in case of flagrante delicto, be arrested or detained without the permis sion of the Legislative Yuan when that body is in session. Revisions to Articles 1, 2, 4, 5, and 8 of, and addition of Article 12 to, the Additional Articles of the Constitution of the Republic of China, proposed and announced by the Legislative Yuan on August 26, 2004, adopted by the Fourth National Assembly on June 7, 2005, and promulgated by the president on June 10, 2005. The system of self-government in the provinces and counties shall include the following provisions, which shall be established by the enactment of appropriate laws, the restrictions in Article 108, Paragraph 1, Item 1; Article 109; Article 112 through Article 115; and Article 122 of the Constitution notwithstanding: The modifications of the functions, operations, and organization of the Taiwan Provincial Government may be specified by law. The grand justices of the Judicial Yuan shall, in addition to discharging their duties in accordance with Article 78 of the Constitution, form a Constitutional Court to adjudicate matters relating to the impeachment of the president or the vice president, and the dissolution of unconstitutional political parties. Environmental and ecological protection shall be given equal consideration with economic and technological develop ment. Article 3. The legislative powers vested in a county shall be exercised by the county council of the said county. Among the grand justices nominated by the president in the year 2003, eight members, including the president and the vice president of the Judicial Yuan, shall serve for four years. 6. Should the Legislative Yuan be in recess, it shall convene of its own accord within seven days and reach a resolution within 15 days after the session begins. Article 1 The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people. The management, personnel, budget proposals, final budgets, and audit of the said organizations may be specified by law. Impeachment proceedings by the Control Yuan against a public functionary in the central government, or local governments, or against personnel of the Judicial Yuan or the Examination Yuan, shall be initiated by two or more members of the Control Yuan, and be investigated and voted upon by a committee of not less than nine of its members, the restrictions in Article 98 of the Constitution notwithstanding. the National Assembly of the Republic of China, Additional Articles of the Constitution of the Republic of China (2000), https://web.archive.org/web/20060712040715/http://www.gio.gov.tw/info/news/additional.htm, https://en.wikisource.org/w/index.php?title=Additional_Articles_of_the_Constitution_of_the_Republic_of_China_(2005)&oldid=9652742, Creative Commons Attribution-ShareAlike License. The provisions of Article 85 of the Constitution concerning the holding of examinations in different areas, with pre scribed numbers of persons to be selected according to various provinces and areas, shall cease to apply. The president may, within ten days following passage by the Legislative Yuan of a no-confidence vote against the president of the Executive Yuan, declare the dissolution of the Legislative Yuan after consulting with its president. The 15 grand justices, including a president and a vice presi dent of the Judicial Yuan to be selected from from amongst them, shall be nominated and, with the consent of the National Assembly, appointed by the president of the Republic. When the Legislative Yuan convenes each year, it may hear a report on the state of the nation by the president. The 15 grand justices, including a president and a vice president of the Judicial Yuan to be selected from amongst them, shall be nominated and, with the consent of the Legislative Yuan, appointed by the president of the Republic. The president and the vice president may only be re-elected to serve one consecutive term; and the provisions of Article 47 of the Constitution shall not apply. Preamble . An introduction to; entire official text; and additional articles. Articles One through Eleven were adopted by the second session of the Third National Assembly at its 32nd plenary meeting on July 18, 1997, and promulgated by ROC President Lee Teng-hui on July 21, 1997. Beginning with the Seventh Legislative Yuan, the Legislative Yuan shall have 113 members, who shall serve a term of four years, which is renewable after re-election. China - China - Constitutional framework: The fourth constitution of the People’s Republic of China was adopted in 1982. The management, personnel, proposed budgets, final budgets, and audits of the said organizations may be specified by law. Seventy-two hours after the no-confidence motion is made, an open-ballot vote shall be taken within 48 hours. The provisions of the preceding paragraph regarding term of office shall not apply. The proposed budget submitted annually by the Judicial Yuan may not be eliminated or reduced by the Executive Yuan; however, the Executive Yuan may indicate its opinions on the budget and include it in the central government's proposed budgetary bill for submission to the Legislative Yuan for deliberation. A political party shall be considered unconstitutional if its goals or activities endanger the existence of the Republic of China or the nation's free and democratic constitutional order. The organization of the said organs shall be stipulated by law. The State shall encourage the development of and investment in science and technology, facilitate industrial upgrading, promote modernization of agriculture and fishery, emphasize exploitation and utilization of water resources, and strengthen international economic cooperation. The Control Yuan shall have 29 members, including a president and a vice president, all of whom shall serve a term of six years. Legal matters relating to the employment, discharge, performance evaluation, scale of salaries, promotion, transfer, commendation and award of civil servants. The constitution, along with its Additional Articles, remains effective in ROC-controlled territories. The provisions of Article 174 of the Constitution shall not apply. Use features like bookmarks, note taking and highlighting while reading The Constitution of the Republic of China (Taiwan). The provi sions of Article 57 of the Constitution shall cease to apply. The structure, system, and number of personnel of each organization shall be determined according to the policies or operations of each organization and in accordance with the law as referred to in the preceding paragraph. All members shall be nominated and, with the consent of the Legislative Yuan, appointed by the president of the Republic. If the number of seats allotted to a Special Municipality, county or city under Item 1 of the preceding paragraph is not less than five and not more than ten, one of the seats shall be reserved for a female candidate; where the number exceeds ten, one seat out of each additional ten shall be reserved for a female candidate. The new Legislative Yuan shall convene of its own accord within ten days after the results of the said election have been confirmed, and the term of the said Legislative Yuan shall be reckoned from that date. Should more than one-half of the total number of Legislative Yuan members uphold the original passage of the bill, the president of the Executive Yuan shall immediately accept the said bill. This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. The provisions of Article 90 and Article 100 of the Constitution and Article 7, Paragraph 1 of the Additional Articles of the Constitution shall not apply. Should the Executive Yuan deem a statutory, budgetary, or treaty bill passed by the Legislative Yuan difficult to execute, the Executive Yuan may, with the approval of the president of the Republic and within ten days of the bill's submission to the Executive Yuan, request the Legislative Yuan to reconsider the bill. The original text of Article Six of the Constitution is: "The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people." However, the president shall not dissolve the Legislative Yuan while martial law or an emergency order is in effect. Members of the Control Yuan shall be beyond party affiliation and independently exercise their powers and discharge their responsibilities in accordance with the law. China (People’s Republic of) 1982 (rev. Delegates to the National Assembly shall be elected in accordance with the following provisions, the restric tions in Article 26 and Article 135 of the Constitution notwithstanding: 1. This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. 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