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Additional Articles of the Constitution of the Republic of China (1994)

ARTICLE 1. Members of the Na­tional Assembly shall be elected ac­cording to the following provisions 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, one member shall be added for each additional 100,000 persons.

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

3. Twenty members shall be elected from the Chinese citizens who reside abroad.

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

Members for the seats set forth in Items 3 and 4 of the preceding para­graph shall be elected according to a formula for proportional representation among political parties. If the number of seats allotted to a Special Munici­pality, County or City covered under Item 1, or if the number of seats won by a political party under Item 3 or 4 of the preceding paragraph is between five and ten, then one of the seats stip­ulated in the pertaining item 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 powers of the National As­sembly shall be as follows notwith­standing the provisions in Article 27, Paragraph 1, Items 1 and 2 of the Constitution:

1. To elect the Vice President in accordance with Article 2, Paragraph 7 of the Additional Articles when said office becomes vacant.

2. To recall the President and Vice President in accordance with Article 2, Paragraph 9 of the Addi­tional Articles.

3. To pass a resolution on the im­peachment of the President or Vice President instituted by the Control Yuan in accordance with Article 2, Paragraph 10 of the Additional Articles.

4. To amend the Constitution in accordance with Article 27, Paragraph 1, Item 3 and Article 174, Item 1 of the Constitution.

5. To vote on proposed Consti­tutional amendments submitted by the Legislative Yuan by way of ref­erendum in accordance with Article 27, Paragraph 1, Item 4 and Article 174, Item 2 of the Constitution.

6. To confirm the appointment of personnel nominated by the Presi­dent in accordance with Article 4, Paragraph 1; Article 5, Paragraph 2; and Article 6, Paragraph 2 of the Ad­ditional Articles.

The National Assembly meets to exercise the powers prescribed in Item 1 or Items 4 through 6 of the preced­ing paragraph, or when requested by no less than two-fifths of its mem­bers, the session shall be convoked by the President. When it meets to exercise the powers prescribed in Item 2 or 3 of the preceding paragraph, the session shall be convoked by the speaker of the National Assembly or by the President of the Legislative Yuan prior to the establishment of the office of the speaker. The provisions in Articles 29 and 30 of the Constitu­tion shall not apply.

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.

The term of office for the mem­bers of the Second National Assem­bly shall expire on May 19, 1996, and the term of office for the members of the Third National Assembly shall begin on May 20, 1996. The provi­sions in Article 28, Paragraph 2 of the Constitution shall not apply.

Beginning with the Third Na­tional Assembly, the Assembly shall have a speaker and a deputy speaker who shall be elected by the members of the Assembly from amongst them­selves. The speaker shall represent the National Assembly and preside over its meetings.

The procedure for the exercise of powers by the National Assembly shall be determined by the Assembly itself. The provisions in Article 34 of the Constitution shall not apply.

ARTICLE 2. The President and Vice President shall be directly elected by the entire populace of the free area of the Republic of China. This shall be effective from the elec­tion for the ninth-term President and Vice President in 1996. The presi­dential and vice presidential candi­dates shall register jointly and be slated as a pair on the ballot. The pair that receive the highest number of votes shall be the winners of the elec­tion. 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.

Presidential orders to appoint or remove from office personnel ap­pointed with the confirmation of the National Assembly or Legislative Yuan in accordance with the Constitution do not require the counter-signature of the President of the Executive Yuan. The provisions in Article 37 of the Constitution shall not apply.

Orders to remove the President of the Executive Yuan from office shall take effect after the new nominee to this office has been confirmed by the Legislative Yuan.

The President may, by resolution of a council of the Executive Yuan, is­sue emergency orders and take all necessary measures 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.

To determine major policies for national security, the President may establish the National Security Coun­cil and its subsidiary organ, the Na­tional Security Bureau. The organization of the said organs shall be stip­ulated by law.

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 re-elected for a second term; and the provisions in Article 47 of the Constitution shall not apply.

Should the office of the Vice President become vacant, the Presi­dent shall nominate a candidate within three months and convoke 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 Ex­ecutive Yuan shall exercise the offi­cial powers of the President and the Vice President. A new President and a new Vice President shall be elected in accordance with Paragraph 1 of this Article and shall serve out each re­spective original term until its expi­ration. Article 49 of the Constitution shall not apply.

Recall of the President and 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 half of the valid ballots to recall cast by more than half of all voters in the free area.

The President and the Vice Pres­ident shall be dismissed from office should an impeachment proposal by the Control Yuan submitted to the Na­tional Assembly be passed by two­ thirds of all delegates in the National Assembly.

ARTICLE 3. Members of the Leg­islative Yuan shall be elected accord­ing to the following provisions 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, how­ever, one member will be added for each additional 100,000 persons; and where the population exceeds one million, one member will be added for each additional 200,000 persons.

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

3. Six members shall be elected from the Chinese citizens who reside abroad.

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

The members set forth in Items 3 and 4 above shall be elected in accor­dance with the formula for propor­tional representation among political parties. If the number of seats allotted to a Province or Special Municipality set forth in Item 1 above, or if the num­ber of seats won by a political party under Item 3 or 4 above is between five and ten, then one of the seats stipulated in the pertaining paragraph 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.

ARTICLE 4. 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 Court 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 5. 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 6. 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 from Arti­cle 91 through Article 93 of the Constitution shall not apply.

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 7. The remuneration and pay of the members of the Na­tional Assembly and the Legislative Yuan shall be regulated by law. In addition to the general case of annual adjustment, regulations on individual increase of remuneration and pay shall go into effect starting with the subsequent National Assembly or Legisla­tive Yuan.

ARTICLE 8. 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 Prov­ince is subject to supervision by the Executive Yuan, while the self-gover­nance of counties is subject to super­vision by the Provincial government.

ARTICLE 9. 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 international economic cooperation.

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

The State shall manage govern­ment-run financial organizations in line with the principles of business administration. The management, per­sonnel, budgets, final accounts and audit of the government-run finan­cial organizations shall be specially regulated by law.

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 further 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 assistance 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.

ARTICLE 10. Rights and obli­gations between the people of the Mainland China area and those of the free area, and the disposition of other related affairs shall be specially regulated by law.