Administrative Division Procedure Act

2025-11-11
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Article 1
This Act is enacted in accordance with Subparagraph 2, Paragraph 1, Article 108 of the Constitution of the Republic of China.
Article 2
The term “competent authority” as used in this Act refers to the Ministry of the Interior at the central level; the special municipality government at the special municipality level; and the county (city) government at the county (city) level.
Article 3
The term “administrative division” as used in this Act refers to the establishment, abolition, or adjustment of a special municipality, county (city), or township (city, district) (hereinafter referred to as “administrative districts”).
The establishment, abolition, or adjustment of an administrative district referenced in the preceding paragraph refers one of the following circumstances:
1. Dividing one administrative district into two or more administrative districts.
2. Merging sections or the entirety of two or more administrative districts into one administrative district.
3. Merging one section of an administrative district into another administrative district.
4. Any other adjustment of administrative districts.
Article 4
Except for modifications to counties (cities) or modifications where a county (city) and special municipality are combined and changed into a new special municipality, which are to be conducted in accordance with the Local Government Act, administrative division may be handled in accordance with this Act when one of the following circumstances applies:
1. To accommodate changes in governmental hierarchy or organizational structure;
2. Due to administrative jurisdiction requirements;
3. To accord with national territory development;
4. Due to changes in the geographical environment;
5. In response to changes due to political, economic, social, cultural, or other special circumstances.
Where the boundaries of coastal reclaimed land, river-formed accretion land, or existing administrative districts are unclear, the competent authorities of the relevant special municipalities or counties (cities) shall handle the administrative division in accordance with this Act.
Article 5
Administrative division shall be in accordance with the overall plans for the national territory, and the following factors shall be taken into consideration:
1. Population scale and growth trends;
2. Rational distribution of natural and human resources;
3. Distribution of mountains, rivers, lakes, seashore, and maritime space;
4. Ethnicity characteristics and context of human history;
5. Affiliation with metropolitan districts, living circles, and ecospheres;
6. Electoral divisions;
7. Other matters that influence the governance of a location.
Article 6
Administrative division shall be submitted by the following government organizations:
1. Administrative division involving a special municipality or county (city): the competent authority of the central government, or the competent authority of the special municipality or county (city).
2. Administrative division involving a township (city): the competent authority of the county, or the competent authority of the township (city) office.
3. Administrative division involving a special municipality or district of a city: the competent authority of the special municipality or city. However, administrative division of a mountain indigenous district of a special municipality shall be proposed by either the competent authority of the special municipality or the office of the mountain indigenous district of the special municipality.
4. Administrative division involving a special municipality, district of a city, or township (city) of a county, together with another special municipality, district of a city, or township (city) of a county: the competent authorities of the related special municipalities or counties (cities).
Individuals or organizations may submit suggestions on administrative division to the competent authority specified in the preceding paragraph for the administrative district of their household registration or place of registration.
Article 7
Before any competent authority, township (city) office, or office of a mountain indigenous district of a special municipality proposes administrative division, they shall broadly solicit public input, draw up a draft of the administrative division plan that will be publicly displayed within the relevant administrative district for thirty (30) days, and hold a public hearing. When necessary, a citizen public opinion poll may be conducted.
The draft of the administrative division plan referenced in the preceding paragraph shall specify the items stipulated in Subparagraphs 1 to 6, Subparagraph 9, and Subparagraphs 11 to 13, Paragraph 2 of Article 8.
The public hearing stipulated in Paragraph 1 may not be held when it is necessary to adjust an administrative district at any level due to one of the following circumstances:
1. The boundary of the administrative district is irregular, which impedes administrative management;
2. Circumstances of land registration, household registration, and administrative district boundaries do not accord;
3. In accordance with urban planning or land consolidation, administrative district boundaries must be adjusted, and the matters from the public hearing held in accordance with law have already been integrated.
4. The land area of an administrative district increases or decreases, which requires adjustment of the administrative district boundaries.
The regulation for broad solicitation of public input, public display, public hearing, and the method of the citizen public opinion poll referenced in Paragraph 1 shall be determined by the central competent authority.
Article 8
When any competent authority, township (city) office, or office of a mountain indigenous district of a special municipality draws up an administrative division plan, except for the circumstances detailed in Paragraph 3 of the preceding Article, the opinions from the public hearing must be considered; if a citizen public opinion poll is conducted, it must be included in the deliberations.
The administrative division plan referenced in the preceding paragraph must specify the following items:
1. The purpose of the administrative division;
2. The scope of the administrative division;
3. The reasons for the plan;
4. The name of the administrative district after the implementation of the administrative division plan;
5. The population and area of the administrative district before and after the implementation of the administrative division plan;
6. A cost-benefit analysis of before and after the implementation of the administrative division plan;
7. An alternate plan and assessment thereof;
8. Opinions expressed through public hearings and public petitions, the status of their consideration and adoption, and a report analyzing any citizen public opinion polls that have been conducted;
9. An administrative district map showing the administrative boundaries before and after the implementation of the administrative division plan;
10. The results of joint inspections of the boundaries;
11. Plans for the organization changes of relevant agencies (institutions) and schools, adjustments of functions, reallocation of personnel, transfer of property, and handling of local self-government regulations following the implementation of the administrative division plan;
12. Guidelines for matters such as the compilation and execution of budgets of relevant agencies (institutions) and schools after the implementation of the administrative division plan;
13. Other matters related to administrative division.
Article 9
Administrative division plans involving special municipalities or counties (cities) that are drafted by the central competent authority, shall be submitted to the relevant competent authority of the special municipality or county (city) for consultation; plans drafted by the competent authority of the special municipality or county (city) shall be approved by the council of the special municipality or county (city) council; adjustments involving another special municipality or county (city) shall be sent to the government of the relevant special municipality or county (city) and its council for approval.
Administrative division plans involving a township (city) that are drafted by the competent authority of the county shall be submitted to the township (city) office for consultation; plans drafted by the township (city) shall be approved by the township (city) council; plans involving adjustment of the administrative district of another township (city) shall also be submitted to the office and council of the relevant township (city) for approval.
Administrative division plans involving districts shall be submitted to the council of the special municipality or city council for consultation. However, administrative division plans drafted by the competent authority of the special municipality that involve a mountain indigenous district of the special municipality shall be submitted to the office of the mountain indigenous district of the special municipality for consultation; plans drafted by the office of a mountain indigenous district of a special municipality shall be approved by the council of the mountain indigenous district of the special municipality; plans involving the adjustment the administrative district of another mountain indigenous district of a special municipality shall be submitted to the office and council of the relevant mountain indigenous district of the special municipality for approval.
The competent authority of the special municipality or county (city), or the township (city, district) office shall consult the council of the special municipality, county (city) council, or township (city) council, and combine the opinions of the council of the special municipality, county (city) council, or township (city) council with the opinions of the higher competent authority. When the township (city, district) of indigenous people’s regions is involved, the competent authority shall also consult the representatives of the indigenous tribes within the scope of the plan.
Article 10
The review and approval authorities for administrative division plans are as follows:
1. For an administrative division plan involving a special municipality or a county (city), the plan shall be reviewed and approved by the central competent authority, and then submitted to the Executive Yuan for final approval.
2. For an administrative division plan involving a township (city, district), the plan shall be reviewed and approved by the competent authority of the special municipality or county (city), and then submitted to the central competent authority for final approval.
The approval under the preceding paragraph shall include the implementation date, which shall correspond with the expiration date of the relevant local public officials’ terms of office.
For an administrative division plan under Subparagraph 1 of Paragraph 1 involving a special municipality or county (city), the review and approval timelines of the respective authorities are as follows:
1. The central competent authority shall complete the review within one hundred eighty (180) days from the day following receipt of the administrative division plan; if necessary, the review may be extended once for a maximum of sixty (60) days.
2. The Executive Yuan shall decide whether to approve within sixty (60) days from the day following receipt of the administrative division plan submitted by the central competent authority; if necessary, the decision may be extended once for a maximum of sixty (60) days.
For an administrative division plan under Subparagraph 2 of Paragraph 1 involving township (city, district), the review and approval timelines of the respective authorities are as follows:
1. The competent authority of the special municipality or county (city) shall complete the review within ninety (90) days from the day following receipt of the administrative division plan; if necessary, the review may be extended once for a maximum of ninety (90) days.
2. The central competent authority shall decide whether to approve within sixty (60) days from the day following receipt of the administrative division plan submitted by the competent authority of the special municipality or county (city); if necessary, the decision may be extended once for a maximum of sixty (60) days.
Article 11
For the purpose of reviewing administrative division plans, the competent authorities at all levels shall invite scholars, experts, impartial members of society, and representatives of relevant administrative agencies to form an administrative division review committee which shall operate under a collegial system.
The committee referred to in the preceding paragraph shall consist of no fewer than eleven (11) and no more than twenty-five (25) members. Among them, the number of scholars, experts, and impartial members of society shall constitute no less than one-third of the total membership. Members of any single gender shall also constitute no less than one-third of the total membership. However, where the plan involves indigenous districts, the number of experts and scholars whose specialization is the study of indigenous people and representatives of local tribes shall constitute no less than one-third of the total membership.
The competent authorities at all levels shall, within thirty (30) days after the conclusion of the meeting of the review committee referred to in Paragraph 1, disclose the meeting materials and minutes on their respective official websites.
The qualifications, requirements, operations, and other related matters concerning the members of the administrative division review committee referred to in Paragraph 1 shall be prescribed by the central competent authority
Article 12
Where an administrative division plan involves a special municipality or a county (city), the central competent authority shall, within thirty (30) days from the day following receipt of the approval document issued by the Executive Yuan, promulgate the administrative division plan and announce its implementation date.
Where an administrative division plan involves a township (city, district), the competent authority of the special municipality or county (city) shall, within thirty (30) days from the day following receipt of the approval document issued by the central competent authority, promulgate the administrative division plan and announce its implementation date.
Article 13
After the promulgation of an administrative division plan, the competent authorities at all levels shall, jointly with the relevant agencies, handle the following matters:
1. Matters concerning the transfer and handover of functions.
2. Matters concerning the transfer and handover of property.
3. Matters concerning the coordination of disputes arising from the transfer and handover of functions and property.
4. Other matters as designated by the central competent authority.
With regard to the property referred to in Subparagraph 2 of the preceding paragraph, the principles governing the allocation of transferred property are as follows:
1. The ownership of immovable property originally belonging to the former administrative district and located within the administrative district that exists after the implementation of an administrative division plan shall be transferred to the administrative district after such implementation.
2. Where agencies (institutions) and schools originally belonging to the former administrative district are reorganized under a different authority, the ownership of the immovable property under their management shall be transferred to the administrative district that exists after implementation of the administrative division plan. The same rule shall apply to moveable property unless otherwise agreed.
The matters concerning transfer and handover referred to in Paragraph 1 shall be completed prior to the implementation of the administrative division plan; where completion prior to implementation is not possible, such matters shall be completed no later than sixty (60) days from the day following the implementation of the plan.
Where the competent authorities at all levels, jointly with the relevant authorities, handle the matters referred to in Subparagraph 3 of Paragraph 1 and are still unable to resolve the disputes through coordination, the matter may be submitted to their common superior authority for decision.
Regulations governing the transfer and handover of functions and property, the coordination of disputes, and other related matters within the relevant administrative districts after promulgation of an administrative division plan shall be prescribed by the central competent authority.
Article 14
After the implementation of an administrative division plan, the competent authorities of the relevant special municipalities and counties (cities) shall, jointly with the relevant agencies, erect boundary markers, survey and map boundary lines and the locations of boundary markers, calculate the area, and prepare maps and explanatory documents in accordance with the plan, then submit the same rule to the central competent authority for recordation within one hundred eighty (180) days.
Article 15
After the implementation of an administrative division plan, the handling principles for self-governing laws and regulations shall be as follows:
1. For newly established administrative districts: if it is necessary to continue applying the self-governing laws and regulations of the original administrative district, such regulations may continue to apply upon approval and promulgation by the local self-governing body of the newly established administrative district; the continuation period shall not exceed two (2) years.
2. For abolished administrative districts: their self-governing laws and regulations, except as provided in the preceding paragraph, shall be repealed by the local self-governing body of the newly established administrative district.
3. For situations not covered by the preceding two paragraphs: the self-governing laws and regulations of the original administrative district shall be amended or repealed by the respective local self-governing body.
Article 16
After the implementation of an administrative division plan, the execution of budgets by the relevant administrative agencies and their subordinate agencies (institutions), as well as schools, shall be handled as follows:
1. For functions not transferred: the original agencies (institutions) and schools shall continue to execute the budget according to the originally approved budget.
2. For functions that have been transferred: the receiving agencies (institutions) and schools shall continue to execute the relevant budget according to the budget approved prior to the transfer.
When executing the budget in accordance with the preceding paragraph, if agencies (institutions) or schools are unable to comply, they may, with approval from the respective government or local office, adjust allocations under the relevant budget items of the annual general budget of the special municipality, county (city), or township (city) for that year. Such adjustments shall not be subject to the restrictions of Articles 62 and 63 of the Budget Act.
For local self-governing bodies newly established after the implementation of the administrative division plan, the submission, review, and measures for executing unapproved budgets in the first-year general budget shall apply, mutatis mutandis. the provisions of Article 40-1 of the Local Government Act.
Article 17
After the implementation of the administrative division plan, matters relating to the adjustment date for the allocation of fiscal revenues and expenditures of the relevant administrative districts, the applicability of central laws and regulations, and the transfer of civil servants shall be governed, mutatis mutandis, by Paragraph 2 and Paragraphs 5 through 9 of Article 87-3 of the Local Government Act.
Article 18
The enforcement rules of this Act shall be prescribed by the central competent authority.
Article 19
The effective date shall be determined by the Executive Yuan.