Organization Act of the Coast Guard Administration, Executive Yuan

2005-06-22
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Article 1
To safeguard the order of the Waters and the Coast, as well as to protect and utilize relevant resources, the Coast Guard Administration, Executive Yuan (hereinafter referred to as "CGA") was established in order to ensure the security of people's lives and property.
Article 2
CGA shall establish the following units:
1. Department of Planning
2. Department of Coastal Control
3. Department of Intelligence
4. Department of Logistics
5. Department of Communications, Electronics and Information
6. Secretariat
7. Assignment Command Center
Article 3
The Department of Planning shall be in charge of the following matters:
1. Affairs related to planning and implementing overall policies and programs of the patrol assignments on the coast and at sea.
2. Affairs related to instituting, reviewing, controlling, and assessing annual plans.
3. Affairs related to studying, reviewing, and implementing mid-term and long-term programs.
4. Affairs related to planning, coordinating, handling and following up achievements of comprehensive project studies.
5. Affairs related to studying and proposing organizational structure and function.
6. Affairs related to comprehensively planning, coordinating, and following up the cases subject to annual major policies and assessment data.
7. Affairs related to studying and handling administrative litigation and state compensation incidents.
8. Affairs related to studying, reviewing, revising, and managing laws and regulations.
9. Other affairs related to planning.
Article 4
The Department of Coastal Control shall be in charge of the following matters:
1. Affairs related to formulating, assessing, researching and revising major policies of the patrol assignments on the coast and at sea.
2. Promulgating and assessing affairs related to formulating, implementing, and supervising of the law enforcement assignments.
3. Promulgating and assessing affairs related to the implementation of marine and coastal affairs.
4. Promulgating and assessing affairs related the security inspection and control plan for persons, articles, and transportation vehicles arriving in and departing from non-commercial ports and fishery ports.
5. Affairs related to investigation of the crimes on the coast and at sea.
6. Promulgating, researching and assessing affairs related to the control policies of the Coast Control Zone.
7. Promulgating and assessing affairs related to the training plan for the coast guard officers.
8. Affairs related to supervision of search and rescue and fishery patrol.
9. Affairs related to coordinating the duties between national defense and the marine and the coastal patrol.
10. Other affairs related to costal patrol and law enforcement.
Article 5
The Department of Intelligence shall be in charge of the following matters:
1. Affairs related to studying, proposing, supervising, and assessing policies and plans of intelligence.
2. Affairs related to coordinating, investigating, and handling foreign-related affairs of the patrol assignments on the coast and at sea.
3. Affairs related to collecting, instructing, studying, summarizing, and utilizing intelligence of smuggling, illegal immigration and emigration, penetration, and security.
4. Affairs related to the deployment of intelligence and counter intelligence; provisions, establishment and management of accouterments of intelligence detection and collection.
5. Affairs related to studying, proposing, supervising, and assessing plans of intelligence consultation.
6. Affairs related to collecting, summarizing, and utilizing information of hydrology, marine facies, and fishing season.
7. Affairs related to coordinating, communicating, and utilizing international intelligence.
8. Other affairs related to intelligence.
Article 6
The Department of Logistics shall be in charge of the following matters:
1. Affairs related to plans for procurement, distribution, management, maintenance, conveyance, and supply of various accouterments and materials.
2. Affairs related to procuring and controlling various necessary accouterments and materials for duty implementation.
3. Affairs related to planning and establishing construction engineering.
4. Affairs related to proposing, formulating, supervising, and instructing management operation procedures of land, construction and buildings.
5. Affairs related to proposing and promulgating operation procedures of accouterments and materials.
6. Other affairs related to logistics support and medical administration.
Article 7
The Department of Communications, Electronics and Information shall be in charge of the following matters:
1. Affairs related to proposing, formulating, supervising, and instructing policies and plans of communication, electronics (including radar), and photo-electricity; the research and development of communication and electronics related fields; formulating relevant regulations for logistics of communication and electronics, as well as maintenance policies.
2. Affairs related to proposing, reviewing and controlling the plan, trainee, training, utilization and assignment of communications, electronics and information manpower.
3. Affairs related to planning and establishing the engineering of cable, radio, photo-electricity, and radar systems; design and management of electric circuits and network; integration and utilization of communications, information and data link of three dimensions.
4. Affairs related to the provision and establishment of a surveillance system; exploratory survey, deployment, positioning, and protection plan for station; procurement of equipment; provision and establishment of peripheral facilities.
5. Affairs related to instituting an information policy and plans, as well as research and develop regarding relevant information.
6. Affairs related to formulating, promulgating, supervising, and instructing the control plan of frequency spectrum management, and the security protection mechanism for communications and information; procurement and utilization of encryption equipment.
7. Affairs related to establishing a dedicated unit of software configuration management; manage and maintain (repair) various equipment; procuring software for manipulation, test, operation, education, electronics technical order, and so forth.
8. Affairs related to integrating necessary techniques and resources for equipment maintenance; developing general-purpose automatic test system; procuring necessary documents or programs for tests; establishing automatic overall maintenance capability.
9. Affairs related to the establishment of an internet management system; implementation of remote control, maintenance, and training; automation of relevant logistics; achieving the target of networking.
10. Other affairs related to communications, electronics and information.
Article 8
The Secretariat shall be in charge of the following matters:
1. Affairs related to conference logistics and business control.
2. Affairs related to press information and communication of the CGA Headquarters.
3. Affairs related to public relations, collection of public opinion and reflection.
4. Affairs related to receiving, dispatching, distributing, drafting, and preparing documentation, as well as archive management.
5. Affairs related to the custody of seals.
6. Affairs related to general affairs, expenditures, and the cashier.
7. Affairs related to managing and maintaining public properties, public articles, buildings, and constructions of the CGA Headquarters.
8. Affairs not under the supervision of other departments and centers.
Article 9
The Assignment Command Center shall be in charge of the following matters:
1. Affairs related to instructing, handling, controlling, and reporting situations of the Waters and the Coast.
2. Affairs related to integrating, commanding, and controlling the duties of the Waters and the Coast units and personnel.
3. Affairs related to inter-notification and inter-communication with national defense, police, customs, and other related entities.
4. Other affairs related to assignment and command.
Article 10
CGA shall establish the Maritime Patrol Directorate General and Coastal Patrol Directorate General, which shall be in charge of implementing affairs regulated by this Act; the organization of both will be formulated by separate laws.
The aforesaid entities may be adjusted according to business requirements.
Article 11
CGA shall have one Minister, political appointment, to coordinate all affairs of CGA, as well as command and supervise all subordinate staffs and entities.
Article 12
CGA shall have two or three Deputy Ministers ranked as Senior Grade 14 or Vice Admiral (Lieutenant General); one of them may be equivalent to Senior Grade 14 to assist with the management of all affairs of CGA.
Article 13
CGA shall have one Chief Secretary, five Counselors, five Directors, and one Chief of the Assignment Command Center ranked as Senior Grade 12 or rear admiral (major general); five Deputy Directors, one Deputy Chief of the Assignment Command Center, and one Captain ranked as Senior Grade 11 or rear admiral (major general); one Director of the Secretariat and eighteen Senior Executive officers ranked as Senior Grade 10 ~11 or rear admiral (major general) / captain (colonel); six to eight Secretaries and six executive officers ranked as Associate Grade 8 ~9 or commander (lieutenant colonel), with four of the Secretaries and three of the executive officers ranked as Senior Grade 10 ~11 or rear admiral (major general) / captain (colonel); one to two Deputy Captains ranked as Senior Grade 10 or captain (colonel); thirty-nine Section Chiefs ranked as Associate Grade 9 or commander (lieutenant colonel); two Heads ranked as Associate Grade 8 ~ 9 or commander (lieutenant colonel); seventy-eight to eighty Executive Officers and two Analysts ranked as Associate Grade 7 ~ 9 or commander (lieutenant colonel) / lieutenant commander (major); one hundred and seventy-eight Officers, twelve to twenty-six Pilots, and two to six Assistant Technical Specialists ranked as Junior Grade 5, Assistant Grade 6 ~7 or lieutenant commander (major) / lieutenant (captain) / lieutenant, junior grade (first lieutenant); four Assistant Designers and four to eight Junior/Associate Technical Specialists ranked as Junior Grade 4 ~ 5 or lieutenant, junior grade (first lieutenant) / ensign (second lieutenant), with two of the Assistant Designers and four of the Associate Technical Specialists ranked as Assistant Grade 6 or lieutenant (captain); ten clerks ranked as Junior Grade 3 ~ 5 or lieutenant, junior grade (first lieutenant) / ensign (second lieutenant) / Non-Commissioned Officer; eleven Associate Clerks ranked as Junior Grade 1 ~ 3 or Non-Commissioned Officer.
Article 14
CGA shall establish the Department of Personnel, which shall have one Director, ranked as Senior Grade 12 or Rear Admiral (Major General), and one Deputy Director, ranked as Senior Grade 11 or Rear Admiral (Major General). The Department of Personnel shall be in charge of affairs related to personnel management. Staff selection or recruitment of this department should comply with the authorized complement in this Act.
Article 15
CGA shall establish the Department of Accounting, which shall have one Comptroller, ranked as Senior Grade 12 or Rear Admiral (Major General), and one Deputy Comptroller ranked as Senior Grade 11 or Rear Admiral (Major General). The Department of Accounting shall be in charge of the CGA's budgetary, accounting, and statistics affairs. Staff selection or recruitment of this department should comply with the authorized complement in this Act.
Article 16
CGA shall establish the Department of Ethics, which shall have one Director ranked as Senior Grade 12, and one Deputy Director ranked as Senior Grade 11. The Department of Ethics shall be in charge of affairs related to ethics. Staff selection or recruitment of this department should comply with the authorized complement in this Act.
Article 17
(Deleted)
Article 18
The positions of the civil officials with the ranks and grades stated in Article 13 ~16 may be selected and recruited from the Police personnel with the same ranks and grades.
The business series of the civil officials with the ranks and grades stated in Article 12 ~17 shall comply with Article 8 of the "Public Functionaries Appointment Act".
Article 19
If necessary, CGA may establish the Maritime Affairs Research Council or other committees upon the approval of the Executive Yuan. Staff selection or recruitment of this department should comply with the complement regulated in this Act.
Article 20
During establishment of CGA and its subordinate entities, the personnel who transferred from other entities and had passed the special examinations held by their former entities may not be under the restriction of specific assignments and transference regulated by the "Examination Act of Public Functionaries", "Public Functionaries Appointment Act", and various Civil Service Special Examination regulations. However, the aforesaid personnel will be subject to the positions of their former entities when they reapply for the transference.
Aforesaid transferred personnel who are without employment qualification of civil service may be allowed to be employed until resignation in accordance with relevant original laws and regulations.
For Officers above the rank of captain (colonel) with specialties such as navigation, shipbuilding, engineering, information, electronics, etc. who were transferred to CGA and its subordinate entities due to transference of business and had not passed the civil service examinations may apply for the Civil Service Transfer Examinations for military officers who have suspended military service and transferred to other entities.
Article 21
The rights and responsibilities of the personnel who transferred from other entities as stated in Article 20 shall comply with relevant laws and regulations of their personnel systems, unless otherwise regulated in this Act.
Article 22
The appointment of military officers as CGA personnel shall not exceed two-thirds of the authorized complement in this Act and shall be decreased annually. After eight years of implementation of this Act, the majority of the CGA personnel shall be civil officials. The appointment of civil officials shall comply with "Public Functionaries Appointment Act" and related regulations.
Article 23
The appointment and management of personnel of CGA and its subordinate entities shall be regulated separately.
Before implementation of the aforesaid regulations, the appointment and management of newly-recruited personnel of CGA and its subordinate entities shall comply with relevant laws and regulations of their personnel systems.
Article 24
CGA and its subordinate entities shall be included in the national defense system should war or other incidents occur as per order of the Executive Yuan.
Article 25
The intelligence related budget of CGA and its subordinate entities shall be reviewed and examined by the Legislative Yuan; the implementation and final accounting of the budget shall be reviewed and examined by relevant entities with confidential means.
Article 26
CGA and its subordinate entities were established during the interim of the period of the annual budget. Relevant budget and expenditures required for transference of manpower and operation of business shall be provided by the transferring entities within the limits of their budget, which is not under restriction of Article 62 and Article 63 of the "Budget Law".
Article 27
Review and adjustment for structure, accouterments, and organization of CGA and its subordinate entities shall be made within three years, which is allowed to be extended one additional year if necessary, after this Act has been implemented in order to comply with the principle of primarily developing the Waters and the Coast patrol.
Article 28
Regulations of the Coast Guard Administration shall be formulated by CGA.
Article 29
The enforcement date of this Act shall be decided by the Executive Yuan.