Act Governing the Employment of Diplomatic and Consular Personnel Stationed Overseas
2018-01-17
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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.
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.
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
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
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.
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.