Additional Articles of the Constitution of the Republic of China (1992)

[Adopted by the extraordinary session of the Second National Assembly at its 27th Plenary Meeting on May 27, 1992, and promulgated by President Lee Teng-hui on May 28, 1992.]

Preamble

To meet the requisites of national unification, the following additional articles are added to the ROC Constitution in accordance with Article 27, Paragraph 1, Item 3, and Article 174, Item 1:

Article 1

Members of the National Assembly shall be elected according to the following regulations without being subject to the restrictions in Articles 26 and 135 of the Constitution:

1. Two members shall be elected from each Special Municipality, each county or city in the free area. However, where the population exceeds 100,000 persons, one member shall be added for each additional 100,000 persons.

2. Three members each shall be elected from lowland and highland aborigines in the free area.

3. Twenty members shall be elected from Chinese citizens living abroad.

4. Eighty members shall be elected from one nationwide constituency.

If the number of seats allotted to a Special Municipality, county or city covered under item one (1) above; or if the number of seats won by a political party under item three (3) or four (4) above is between five and ten, at least one of the seats must be reserved for a woman. Where the number exceeds ten, one seat out of each additional ten must be reserved for a woman.

Article 2

Members of the Legislative Yuan shall be elected according to the following regulations without being subject to the restrictions in Article 64 of the Constitution:

1. Two members shall be elected from each province and each Special Municipality in the free area. Where the population exceeds 200,000 persons, however, one member will be added for each additional 100,000 persons; and where the population exceeds one million persons, one member will be added for each additional 200,000 persons.

2. Three members each shall be elected from lowland and highland aborigines in the free area.

3. Six members shall be elected from Chinese citizens living abroad.

4. Thirty members shall be elected from one nationwide constituency.

If the number of seats allotted to a province or Special Municipality covered under item one (1) above; or if the number of seats won by a political party under item three (3) or four (4) above is between five and ten, then one of the seats shall be reserved for a woman. Where the number exceeds ten, one seat out of each additional ten must be reserved for a woman.

Article 3

Members of the Control Yuan shall be elected by provincial and municipal councils according to the following regulations without being subject to the restrictions in Article 91 of the Constitution:

1. Twenty-five members shall be elected from Taiwan Province of the free area.

2. Ten members shall be elected from each Special Municipality in the free area.

3. Two members shall be elected from Chinese citizens living abroad.

4. Five members shall be elected from one nationwide constituency.

If the number of seats allotted to Taiwan Province or from a Special Municipality covered under item one (1) or two (2) above; or if the number of seats won by a political party under item four (4) above is between five and ten, then one of the seats shall be reserved for a woman. Where the number of seats exceeds ten, one seat out of each additional ten must be reserved for a woman.

The number of Provincial Assembly members who can be elected to the Control Yuan is limited to two; the number of members from each municipal council who can be elected to the Control Yuan is limited to one.

Article 4

The election and recall of members of the National Assembly, Legislative Yuan, and Control Yuan shall be conducted in accordance with the regulations contained in the Public Officials Election and Recall Law. The members representing Chinese citizens living abroad and nationwide shall be elected by party-list proportional representation.

Article 5

Members of the Second National Assembly shall be elected before December 31, 1991. Their term of office begins on January l, 1992, and expires on the day when members of the Third National Assembly meet, pursuant to Article 29 of the Constitution prior to the expiration date of the 8th Presidential term in 1996. This is not subject to restrictions imposed by Paragraph 1 of Article 28 of the Constitution.

Those additional members of the National Assembly elected in Taiwan pursuant to the Provisional Articles Effective during the Period of National Mobilization for Suppression of the Communist Rebellion shall exercise their powers together with members of the Second National Assembly until January 3l, 1993.

Members of the Second Legislative Yuan and members of the Second Control Yuan shall be elected prior to January 31, 1993, and shall begin to exercise power on February l, 1993.

Article 6

An extraordinary session of the National Assembly should be convened by the President within three months after the members of the Second National Assembly are elected so that the National Assembly may exercise powers granted by Article 27, Paragraph 1, Item 3 of the Constitution.

Article 7

The President may, by resolution of the Executive Yuan Council, issue emergency orders to avert an imminent danger to the security of the State or of the people or to cope with any serious financial or economic crisis, without being subject to the restrictions prescribed in Article 43 of the Constitution. However, such orders shall, within 10 days of issuance, be presented to the Legislative Yuan for confirmation. Should the Legislative Yuan withhold confirmation, the said emergency orders shall forthwith cease to be valid.

Article 8

If the revision of laws originally in effect solely during the Period of National Mobilization for Suppression of the Communist Rebellion is not completed by the termination of the Period of National Mobilization for Suppression of the Communist Rebellion, these laws shall remain in effect until July 31, 1992.

Article 9

TTo determine major policies for national security, the President may set up the National Security Council and its subsidiary organ, the National Security Bureau.

The Executive Yuan may set up the Central Personnel Administration.

The organizations of the above two paragraphs shall be established according to law. Before the legislative process is completed, the former organizational statutes shall remain in force till December 31, 1993.

Article 10

The relationship of rights and obligations between the people of the mainland China area and those of the free area, and the disposition of other affairs shall be specially regulated by law.

Article 11

In addition to the exercise of its powers and obligations pursuant to Article 27 of the Constitution, the National As­ sembly shall also exercise its right to confirm the appointment of personnel nominated by the President in accordance with Additional Article 13, Paragraph 1; Additional Arti­cle 14, Paragraph 2; and Additional Article 15, Paragraph 2.

The aforementioned right of confirmation shall be exer­cised at an extraordinary session of the National Assembly convoked by the President and shall not be subject to the re­strictions in Article 30 of the Constitution.

When the National Assem­bly convenes, it shall hear a report on state of the nation by the President, discuss national affairs, and offer counsel. In the event that the National As­sembly has not convened for over a year, the President shall convoke an extraordinary session for the aforementioned purpose notwithstanding the restrictions in Article 30 of the Constitution.

Beginning with the Third National Assembly, delegates to the National Assembly shall be elected every four years and the provisions in Article 28, Paragraph 1 of the Constitution shall not apply.

Article 12

Effective from the 1996 election for the ninth-term President and Vice President, the President and the Vice President shall be elected by the entire electorate in the free area of the Republic of China.

The electoral method for the aforementioned election shall be formulated in the Additional Articles to the Constitution at an extraordinary ses­ sion of the National Assembly to be convoked by the Presi­dent before May 20, 1995.

Beginning with the ninth presidential term, the term of office for both the President and the Vice President shall be four years. The President· and the Vice President may be reelected for a second term; and the provisions in Article 47 of the Constitution shall not apply.

Recall of the President and the Vice President shall be executed in accordance with the following provisions:

1)By a motion to recall put forward by one-fourth of all delegates to the National Assembly, and passed with the concurrence of two-thirds of such delegates.

2)By a resolution to impeach adopted by the Control Yuan, and passed as a resolu­tion to recall by two-thirds of all delegates to the National Assembly.

Should the office of the Vice President become vacant, the President shall nominate a candidate within three months and convoke an extraordinary session of the National Assembly to elect a new Vice President, who shall serve out the original term until its expiration. Should the offices of both the President and the Vice President become vacant, the president of the Legislative Yuan shall serve notice on the National Assembly to con­voke an extraordinary session within three months to elect a new President and a new Vice President, who shall serve out each respective original term until its expiration.

Article 13

The Judicial Yuan shall have a president, a vice presi­dent, and a certain number of Grand Justices, all of whom shall be nominated and, with the consent of the National Assembly, appointed by the President; and the pertinent provisions in Article 79 of the Constitution shall not apply.

The Grand Justices of the Judicial Yuan shall, in addition to discharging their duties ac­cording to Article 78 of the Constitution, also form a Con­stitutional Tribunal to adjudicate matters relating to the dissolution of unconstitutional political parties.

A political party shall be unconstitutional if its goals or activities jeopardize the existence of the Republic of China or free, democratic constitu­tional order.

Article 14

The Examination Yuan shall be the highest examina­tion body of the state, and shall be responsible for the following matters; and the provisions in Article 83 of the Constitution shall not apply:

1 )all examination-related matters,

2)all matters relating to the qualification screening, security of tenure, pecuniary aid in case of death, and retire­ment of civil servants; and

3)all legal matters relating to the employment, discharge, performance evaluation, scale of salaries, promotion, transfer, commendation and award for civil servants.

The Examination Yuan shall have a president, a vice president, and several mem­bers, all of whom shall be nominated, and with the consent of the National Assembly, appointed by the President; and the provisions in Article 84 of the Constitution shall not apply.

The provisions in Article 85 of the Constitution con­cerning holding examinations in different areas, with prescribed numbers of persons to be selected according to various provinces and areas, shall cease to apply.

Article 15

The Control Yuan shall be the highest control body of the state and shall exercise the powers of impeachment, cen­sure and audit; and the provi­sions in Articles 90 and 94 of the Constitution concerning exercising the power of con­sent shall not apply.

The Control Yuan shall have 29 members, including a president and a vice president, all of whom shall serve a term of six years and shall be nom­inated, and with the consent of the National Assembly, ap­pointed by the President. The provisions in Articles 91 through 93, and in Additional Articles 3 and 4, as well as Ar­ticle 5, Paragraph 3 of the Constitution concerning the members of the Control Yuan shall cease to be applicable.

Impeachment proceedings by the Control Yuan against a public functionary in the Central Government, any local government, 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 notwithstanding the restrictions in Article 98 of the Constitution.

In the case of impeachment by the Control Yuan of Control Yuan personnel for dereliction of duty or violation of the law, the provisions of Article 95 and Article 97, Paragraph 2 of the Constitu­tion, as well as the foregoing paragraph shall apply.

A motion by the Control Yuan impeaching the President or the Vice President must be initiated by more than half of all the members of the Control Yuan and passed by more than two-thirds of all such members for it to be sub­mitted to the National Assembly notwithstanding the restrictions in Article 100 of the Constitution.

Members of the Control Yuan must be beyond party affiliation and independently exercise their powers and discharge their responsibilities in accordance with the law.

The provisions in Articles 101 and 102 of the Constitution shall cease to apply.

Article 16

Provisions of Additional Article IS, Paragraph 2 shall take effect with the nomina­tion of Second Control Yuan members.

The Second Control Yuan members shall assume their offices on February 1, 1993. Provisions of Additional Arti­cle 15, Paragraph 1, and Paragraphs 3 through 7 shall take effect on the same date.

Provisions of Additional Article 13, Paragraph 1 and Article 14, Paragraph 2 relat­ing to the appointment of the personnel of the Judicial Yuan and the Examination Yuan shall take effect on February 1, 1993. Nominations of personnel made before January 31, 1993 shall still be approved by the Control Yuan before appointment by the President. Incumbent person­nel, however, need not be renominated and re-appointed before the expiration of their terms.

Article 17

The system of local governments in the provinces and counties shall include the fol­lowing provisions, which shall be established by the enactment of appropriate laws notwithstanding the restric­tions in Article 108, Paragraph 1, Item 1; Articles 112 through 115; and Article 122 of the Constitution:

1)There shall be a provincial assembly in each province and a county council in each county. Members of the provincial assembly and the county council shall be elected by the people of the province and the people of the county, respectively.

2)The legislative power of a province and that of a county shall be exercised by the provincial assembly and the county council, respectively.

3) In a province, there shall be a provincial government with a provincial governor. In a county, there shall be a county government with a county magistrate. The provincial gov­ernor and the county magistrate shall be elected by the people of the province and the people of the county, respectively.

4) The relationship between the province and the county. 5) The self-governance of provinces is subject to supervision by the Executive Yuan, while the self-governance of counties is subject to supervi­ sion by the provincial government.

Article 18

The State shall encourage development of and investment in science and technol­ogy, facilitate the upgrade of industry, promote the modern­ization of agriculture and fish­ery, emphasize the exploita­tion and utilization of water resources, and intensify inter­ national economic cooperation.

Environmental and eco­logical protection shall be given equal consideration with economic and technological development.

The State shall inaugurate universal health insurance coverage and promote the research and development of both modern and traditional medicines.

The State shall protect the dignity of women, safeguard their personal safety, eliminate sexual discrimination, and fur­ ther substantive equality be­tween the sexes.

The State shall safeguard the rights of the handicapped and disabled to insurance, medical care, education, train­ing, employment assistance, support for daily living needs and relief, so as to help them attain independence and further their careers.

The State shall accord to the aborigines in the free area legal protection of their status and the right to political par­ticipation. It shall also provide assistance and encouragement for their education, cultural preservation, social welfare and business undertakings. The same protection and assis­ tance shall be given to the people of Kinmen and Matsu areas.

The State shall accord to Chinese nationals residing overseas protection of their rights to political participation.