Integrity and Ethics Directions for Civil Servants

Integrity and Ethics Directions for Civil Servants
公務員廉政倫理規範

1. The Executive Yuan (hereinafter referred as “the Yuan”) has set the Directions specifically for guiding the civil servants to execute duties with integrity, fairness and lawful administration, which shall improve the Government's image of integrity.
2. The terminologies used under this Directions are defined as follows:
(1) “Civil servant” refers to personnel applicable to the “Civil Service Act.”
(2) “Interest to the duty” refers to one of the following situations between the individual, legal person, organization or other unit with the Authority or subordinate authority:
1. Relationship of business transaction, supervision or subsidy.
2. Relationship of searching, proceeding or completed setting of contract, trading or other agreements.
3. Other incidence that will receive beneficial or adverse influence due to decision, execution or non-execution of business under the Authority.
(3) “Normal standard of social etiquette” refers to social interaction between common people with market value under NT$3,000 (Three Thousand New Taiwan Dollars Only). The gift received from the same source in the same year is limited to NT$10,000 (Ten Thousand New Taiwan Dollars Only).
(4) “Civil service etiquette” refers to activity made according to politeness, habit or custom during domestic (foreign) interview, foreign guest reception, promotion, communication and coordination based on civil requirements.
(5) “Entreating or lobbying” refers to the action take for content of certain matter involves with decision, execution or non-execution of practical business under the Authority or subordinate authority, which may cause illegal or improper concern that might affect specific rights and duties.
3. The civil servants shall follow laws to execute duties impartially and base on the public interests. The attempt to gain improper benefit for oneself or third party via occupational power, method and opportunity is prohibited.
4. The civil servants may not request, make expected agreement of or receive gift from person of material interest to such servant's duty. However, the gift can be accepted under any of the following situation that is occasional and not affecting the specific right and duty:
(1) Civil etiquette.
(2) Bonus, assistance or consolation from the supervisor.
(3) The market value of gift received shall be less than NT$500 (Five Hundred New Taiwan Dollars Only). For gift to multi personnel in the Authority, the total market value shall be less than NT$1,000 (One Thousand New Taiwan Dollars Only).
(4) Gift with market value less than normal standard of social etiquette, which is given for engagement, marriage, birth, moving (to new residence), inauguration, promoted transfer, retirement, resignation, separation, as well as injury, illness or death of the personnel, spouse or immediate relative.
5. Upon occurrence of civil servant receiving gift, the matter shall be processed according to following procedures:
(1) Except for exceptions mentioned above, gift with material interest to the duty shall be rejected or returned, as well as reported to the supervisor and notified to the Government Employee Ethics Units. If return of gift is not possible, the matter shall be transferred to the Government Employee Ethics Units for process within 3 days since the date of receipt.
(2) Except for relatives or friends of usual contact, gift without material interest to the duty but exceeding normal standard of social etiquette in market value shall be reported to the supervisor within 3 days since the date of receipt. If necessary, the matter shall be notified to the Government Employee Ethics Units.
Each Government Employee Ethics Units shall propose methods of receipt, nationalization, transfer to charity agencies (institutes) or other adequate suggestions depending on the property and value of gift, which is executed after reporting to the Director of Agency for approval.
6. The following situations are deemed as gift received by the civil servant:
(1) Gift received in the name of civil servant’s spouse, immediate relative by blood, family members of common property and residence.
(2) Gift received via third parted and then transferred to the civil servant or person mentioned above.
7. The civil servant may not attend social gathering with material interest to his/her duty except for and not limited to one of the following incidences:
(1) The attendance is necessary due to civil etiquette.
(2) The event is held due to traditional festival and open to the public.
(3) Bonus or recognition from the supervisor.
(4) The event is held for engagement, marriage, birth, moving (to new residence), inauguration, promoted transfer, retirement, resignation, separation and not exceeding normal standard of social etiquette.
Although the social gathering has no material interest to the civil duty, the civil servant shall still avoid such event if not appropriate to the identity and duty.
8. In case of inspection, investigation, business trip or conference, the civil servant may not accept dinning or gathering invitation from relevant agency other than necessary meals, accommodation and transportation during execution of civil affairs unless necessary.
9. In occurrence of situation stated under Subparagraph 1 or 2, Paragraph 1, Point 7, the civil servant can only attend such event after reporting to the supervisor for approval and notifying the Government Employee Ethics Units.
10. Upon entreating or lobbying, the civil servant shall report to the supervisor and notify the Government Employee Ethics Units within 3 days.
11. After receiving notification of gift, social gathering, entreating or lobbying or other matters related to the integrity and ethics, the Government Employee Ethics Units of each agency shall register and create a new file immediately.
12. Unless required by the law otherwise, the civil servant may not take other part-time job of civil service or business.
13. For civil servant that attend event such as speech, symposium, seminar and judging, the hourly remuneration received may not exceed NT$5,000 (Five Thousand New Taiwan Dollars Only).
For civil servant that attend event mentioned above, the additional document fees received may not exceed NT$2,000 (Two Thousand New Taiwan Dollars Only).
If the event attended is held or invited by party with material interest to the duty, the civil servant can only attend such event after reporting to the supervisor for approval and notifying the Government Employee Ethics Units for registration.
14. In respect to the requirement under the Directions for reporting to the supervisor and notifying the Government Employee Ethics Units, the Director of the agency shall notify the Government Employee Ethics Units himself/herself.
15. The civil servant shall strive to avoid involvement of monetary loan, gathering invitation or participation, as well as property or identity guarantor. If necessary, the Government Employee Ethics Units shall be notified.
The agency directors and unit supervisors shall enhance the audit on subordinates’ ethics. Finding of abnormal finance or living shall be reacted and processed immediately.
16. The Government Employee Ethics Units of each agency shall assign specific personnel to undertake explanation of the Directions and case description, as well as providing other ethics and integrity consultation services. Any doubt occurs during the consultation shall be reported to the higher level of Government Employee Ethics Units for process.
The higher level of Government Employee Ethics Units mentioned above refers to the Government Employee Ethics Units of agency directly above the agency that accepts the consultation. The agency without higher authority will execute the power of higher agency regulated by the Directions.
The agency without higher authority refers to the first level agencies.
17. For matters specified under the Directions to be processed by the Government Employee Ethics Units, if such unit is not provided, the matter shall be processed by the personnel that is concurrently in charge with the ethic affairs or appointed by the Director.
18. The civil servant violating the Directions and verified to be true after investigation will receive punishment according to relevant regulations. If criminal liability is involved, the matter will be transferred to the justice unit for prosecution.
19. Each unit may set stricter regulations on various standards set under the Directions and other matters of integrity and ethics depending on the necessity.
20. Other central and local authorities outside of the Yuan may apply regulations of the Directions.