Constitution

Taiwan (Republic of China) 1947 Constitution (reviewed 2005)

Table of Contents

CHAPTER IV. THE PRESIDENCY

Article 35

The President shall be the Head of State and shall represent the Republic of China in foreign relations.

Article 36

The President shall have supreme command of the Army, Navy, and Air Force of the country.

Article 37

The President shall, in accordance with the law, promulgate laws and issue mandates with the countersignature of the President of the Executive Yuan or with the countersignatures of both the President of the Executive Yuan and the Ministers or Chairmen of the Commissions concerned.

Article 38

The President shall, in accordance with the provisions of this Constitution, exercise the powers of concluding treaties, declaring war, and making peace.

Article 39

The President may, in accordance with the law, declare martial law with the approval of, or subject to confirmation by, the Legislative Yuan. When the Legislative Yuan deems it necessary, it may, by a formal resolution, request the President to lift the martial law already declared.

Article 40

The President shall, in accordance with the law, exercise the powers of amnesty, pardon, remission of sentence, and restitution of civil rights.

Article 41

The President shall, in accordance with the law, appoint and dismiss civil and military officers.

Article 42

The President may, in accordance with the law, confer honors and decorations.

Article 43

In case of a natural disaster, an epidemic, or a national financial or economic crisis that calls for emergency measures, the President may, during the recess of the Legislative Yuan, by resolution of the Council of the Executive Yuan and in accordance with the Law on Emergency Orders issue emergency orders and take such measures as may be necessary to cope with the situation. Such orders shall, within one month after issuance, be submitted to the Legislative Yuan for confirmation. In case the Legislative Yuan withholds confirmation, the said orders shall forthwith cease to be valid.

Article 44

In case of disputes involving two or more Yuan other than those for which provisions are made in this Constitution, the President may call a meeting of the Presidents of the Yuan concerned for consultation with a view to reaching a solution.

Article 45

Any citizen of the Republic of China who has reached the age of forty may be elected President or Vice President.

Article 46

The election of the President and the Vice President shall be prescribed by law.

Article 47

The President and the Vice President shall serve a term of six years. They may be reelected for a second term.

Article 48

On assuming office, the President shall take the following oath:

“I do solemnly and with all sincerity swear before the people of the whole country that I will observe the Constitution, faithfully perform my duties, promote the welfare of the people, and safeguard the security of the State so as not to betray the people’s trust. Should I break my oath, I will submit myself to severe punishment by the State. This is my solemn oath.”

Article 49

In case the office of the President should become vacant, the Vice President shall succeed to it until the expiration of the original Presidential term. In case the office of both the President and the Vice President should become vacant, the President of the Executive Yuan shall perform the functions of the President and, in accordance with the provisions of Article 30 of this Constitution, convoke an extraordinary session of the National Assembly to elect a new President and a new Vice President to serve out the unfinished term of the preceding President. In case the President should, for any cause, be unable to attend to his official duties, the Vice President shall perform his functions. In case both the President and the Vice President should be unable to attend to their official duties, the President of the Executive Yuan shall perform the functions of the President.

Article 50

The President shall be relieved of his duties on the day his term of office expires. If, by that time, the next President has not yet been elected, or if the President-elect and the Vice President-elect have not yet assumed office, the President of the Executive Yuan shall perform the functions of the President.

Article 51

The period during which the President of the Executive Yuan performs the functions of the President shall not exceed three months.

Article 52

The President shall not, without having been recalled or having been relieved of his functions, be liable to criminal prosecution unless he is charged with having committed an act of rebellion or treason.