| Legislative： |
1. Jan. 25. 2005 Promulgated as per Decree Collection-Tzong No.0941200010, Fiscal Information Agency, Ministry of Finance
2. Jan. 23. 2013 Amended as per Decree Collection-Tzong No.1020000586, Fiscal Information Agency, Ministry of Finance
3. Mar. 6. 2015 Amended as per Decree Collection-Tzong No.1040000885, Fiscal Information Agency, Ministry of Finance
4. Jan. 4. 2021 Amended as per Decree Collection-Tzong No.1090006232, Fiscal Information Agency, Ministry of Finance |
| Content： |
I. In order to strengthen public services and effectively handle petitions, these Operation Directions have been determined in accordance with Paragraph 1, Article 170 of the Administrative Procedure Act, and the “Points for Handling Petitions by the Executive
Yuan and Its Subordinates.”
II.The mailbox of the Premier of the Executive Yuan, the public opinion mailbox of the Ministry of Finance, and the public opinion mailbox of the Fiscal Information Agency shall be handled according to these Operation Directions.
III.The term “petition” used in these Operation Directions refer to petitions presented in writing or orally by citizens to the Fiscal Information Agency with respect to proposals on administrative innovations and reforms, inquiries into administrative laws
and regulations, reports on acts in breach of law or neglect of administrative duties or protection of the people’s rights and interest in administration.
IV. Petitions may be presented in writing, including e-mail and fax, etc. Those via a written statement should clearly declare concrete substance as well as the petitioner’s name, identification number or other identifying information, and contact information.
Contact information refers to telephone number, residential address, fax number, or email address, etc.
V. Principles, timetable, and procedures for handling petitions (detailed as flowchart):
(1) If a petition is presented in writing, it shall be received by the general receiver of the secretariat and logged into the official document management system. The email petition shall be received by the staff of the document section every morning and afternoon,
then forwarded to the general receiver to be logged into the official document management system.
(2) In the case of a petition presented orally, the competent unit shall appoint a dedicated staff member (accompanied by a representative of the department of civil service ethics) to the case. After answering the petitioner’s question or receiving their opinion,
the petition along with the petitioner’s name, identification number or other identifying information, contact address, and telephone number shall be read aloud or provided to the petitioner, who will sign or affix with his/her personal seal upon verification,
and then forwarded to the general receiver of the secretariat for registration and handling.
VI. All units shall carefully handle petitions in a lawful, reasonable, prompt, and unqualified manner.
VII. Petitions shall be received by the competent unit. If the petition is found to be beyond its scope of competence, it shall be referred to the competent authority and the petitioner shall be notified. If the petition involves more than two competent units,
the processing unit shall actively coordinate with relevant units; in the case of a conflict among different units, the receiving unit shall forward the petition to the chief secretary for a ruling.
VIII. After receiving the petition, units shall affix relevant documents, records, information, or legal orders and administrative rules for review at various levels in accordance with the regulations regarding layered responsibility, and respond via paper
document, electronic document, e-mail or other methods. Where the petition clearly denotes the legal representative or contact person, the processing unit shall directly respond to said person. Where the petition is made jointly and clearly denotes the contact
information of each petitioner but does not denote a legal representative or contact person, the processing unit shall respond to each petitioner individually. However, the processing unit may make its response to elected or assigned parties in accordance
with Article 27 of the Administrative Procedure Act.
IX. The processing unit shall interview the petitioner, hold a hearing or conduct on-site investigations in accordance with the needs of the case.
X. When responding to petitions, the processing unit shall state the specific actions or opinions and legal basis for the case and reply to the petitioner in a concise and affirmative manner; a copy shall be sent to the relevant units and authorities.
XI. The processing unit shall handle the petition within a specified time limit. Written petitions shall be responded to within 6 working days. E-mail petitions shall be responded to within 3 working days. Complicated cases that cannot be closed within the
prescribed time limit should be extended before the expiration date provided that the petitioner is notified of the reason for the extension via writing, phone, or other means.
XII. In any of the following circumstances, the petition may be left unattended to but it shall still be registered for investigation purposes:
(1) Where the petition gives no concrete substance or does not give the petitioner’s true name or address; this does not apply to email petitions with contact information and concrete substance but does not provide the petitioner’s true name or address.
(2) Where the petition is a repeat or further repeat of the same matter which has been appropriately dealt with and clearly answered.
(3) Where the authority receiving the petition is not competent to deal with the subject matter of the petition and the petitioner is found to have filed similar petitions to different authorities regarding the same matter.
If the case falls under Subparagraph 2 of the preceding paragraph, where the petitioner repeatedly contacts the original receiving unit or its superior, the processing unit may close the case by writing to the petitioner and sending a copy to the referral agency
with responding date and number.
XIII. In any of the following circumstances, the processing unit shall notify the petitioner of the case in accordance with stipulated procedures by law:
(1) Criminal investigation procedures.
(2) The lawsuit is pending or has already been filed for administrative relief.
(3) Determined by judgment or decision, or completed a specific legal procedure.
XIV. All processing units shall pay attention to the protection of personal privacy. Confidence shall be kept where it is legally required.
XV. Case management and tracking:
(1) After the petition is received or processed by the FIA, it shall be registered, tracked, and classified by the general receiver of the secretariat, then stamped with “Petition” on an appropriate place of the document and distributed to the unit in charge
of the case.
(2) All units responding to the petition shall carry out the process for receiving and issuing to track and close the case.
(3) Petitions handled by the FIA shall be counted by case and its secretariat will send all units a monthly report including the number of cases received by unit and response status before the 5th of each month.
XVI. Rewards and Punishments
(1) Those who have handled petitions appropriately and achieve specific performance may be rewarded via a case-by-case notification and approval for encouragement.
(2) For those who refuse to handle petitions, or handle in the absence of being reassigned or filed to the supervisor in the case of any objection raised by the petitioner, or backlog without good cause; and have not closed the case after being issued three
reminders, resulting in delay in processing time; said staff member may be punished depending upon the seriousness of the situation via a case-by-case notification and approval. |