Global Indicators of Regulatory Governance

As the annual legislative plans of Taiwan’s administrative agencies are drawn up in line with the annual policy plan of each agency, they are posted together with the policy plan of each agency on their individual website.

Forward regulatory plans are published on the official website of different ministries or regulatory agencies. For example, the Ministry of Finance highlighted its future commitments through an Annual Policy address published on their website (https://www.mof.gov.tw/Detail/Index?nodeid=1496&pid=74289).

According to the Executive Yuan Direction documented as Yuan-Shou-Fa-Tzu No. 10515016581 of 15 December 2016, the draft text is required by law to be published on the Public Policy Participation Platform for public comment.

http://gazette.nat.gov.tw/egFront/index.jsp; http://law.moj.gov.tw/

The Executive Yuan Gazette.

By notification on the websites, email, post etc.

Article 154 of the Administrative Procedure Act:

When formulating a legal order, the administrative authority shall cause it to be publicly announced in a government gazette or newspaper and give the following information, unless the situation is so urgent that prior announcement to the public is clearly impossible:

1. Name of the authority formulating the legal order, or the names of all authorities involved if it is required by law that the legal order be established jointly by several authorities;

2. The legal basis for establishing the legal order;

3. Full text or the essence of the draft; and

4. The statement to the effect that any person may give the designated authority his opinions within the specified period.

In addition to the public announcement made under the preceding paragraph, the administrative authority may also make the substance widely known to the public in an appropriate manner.

The law requires public consultation on draft acts, rules and regulations. The Executive Yuan Direction (Yuan-Shou-Fa-Tzu No. 10515016581 of December 15, 2016), requires that all draft act, rules and regulations are to be published on the Public Policy Participation Platform, and another Executive Yuan Direction (Yuan-Tai-Tzu No. 1050175399 of September 5, 2016) requires that all public consultation should last for a minimum of 60 days.

https://join.gov.tw/policies/gazette/index

http://law.moj.gov.tw/

All comments submitted to the public policy participation platform can be accessed by the public during the consultation period.

Article 154 of The Administrative Procedure Act

https://join.gov.tw/policies/

https://www.mof.gov.tw/

Article 5 of the Operational Guidelines Governing the Notice of the Laws and Regulations drafted by the Ministry of Finance (http://law-out.mof.gov.tw/SearchAllResultList.aspx?KeyWord=%e9%a0%90%e5%91%8a%e4%bd%9c%e6%a5%ad&Cur=N); Executive Yuan Direction Yuan-Shou-Fa-Tzu No. 10515016581 of December 15, 2016.

The Checklist for Regulatory Impact Assessment and Regulatory Impact Assessment Handbook.

https://www.ndc.gov.tw/

The standard process for the distribution of RIA is not specified, therefore, it is communicated with concerned stakeholders and interested experts and groups, before, during or after the drafting.     

Regulators are required to consider alternative policy options, as per the “Checklist for Regulatory Impact Assessment”.

http://gazette.nat.gov.tw/egFront/index.jsp

On the central or local governments’ official websites.

To prevent administrative agencies setting excessively restrictive regulations and thus creating barriers to enterprises’ investment operation, related regulatory reform work has been launched from October, 2017; all agencies are required to review and loosen restrictive regulations, administrative rules and interpretive order and set up an evaluation mechanism. Cabinet meetings are convened at fixed intervals to monitor their performance.

Since October 2017, various agencies have been directed to review regulations, administrative rules and interpretive orders themselves. Cabinet meetings are convened regularly that monitor the deregulation performance.

To prevent administrative agencies setting excessively restrictive regulations and thus creating barriers to enterprises’ investment operation, related regulatory reform work has been launched from October, 2017; all agencies are required to review and loosen restrictive regulations, administrative rules and interpretive order and set up an evaluation mechanism. Cabinet meetings are convened at fixed intervals to monitor their performance.

Since October 2017, various agencies have been directed to review regulations, administrative rules and interpretive orders themselves. Cabinet meetings are convened regularly that monitor the deregulation performance.