Taiwan (Republic of China) 1947 Constitution (reviewed 2005) - Page 5 of 15

Table of Contents

CHAPTER V. ADMINISTRATION

Article 53

The Executive Yuan shall be the highest administrative organ of the State.

Article 54

The Executive Yuan shall have a President, a Vice President, and a number of Ministers and Chairmen of Commissions, and Ministers without Portfolio.

Article 55

The President of the Executive Yuan shall be nominated and, upon confirmation by the Legislative Yuan, appointed by the President of the Republic.
If, during the recess of the Executive Yuan, the President of the Executive Yuan should resign or if his office should become vacant, his functions shall be performed. The President shall, within forty days, request a meeting of the Legislative Yuan to confirm his nominee for the vacancy.
Pending confirmation, the Vice President of the Executive Yuan shall temporarily perform the functions of the President of the said Yuan.

Article 56

The Vice President of the Executive Yuan, Ministers and Chairmen of Commissions, and Ministers without Portfolio shall be appointed by the President of the Republic upon the recommendation of the President of the Executive Yuan.

Article 57

The Executive Yuan shall be responsible to the Legislative Yuan in accordance with the following provisions:

The Executive Yuan has the duty to present to the Legislative Yuan a statement on its administrative policies and a report on its administration. While the Legislative Yuan is in session, its Members have the right to question the President of the Executive Yuan and Ministers and Chairmen of Commissions of the Executive Yuan.
In case the Legislative Yuan does not agree with a major policy of the Executive Yuan, it may, by a formal resolution, request the Executive Yuan to change it. Confronted with the Legislative Yuan’s resolution, the Executive Yuan may, with the approval of the President of the Republic, request the Legislative Yuan to reconsider it. If, after reconsideration, two-thirds of the Members of the Legislative Yuan present at the meeting uphold the original resolution, the President of the Executive Yuan shall either abide by it or resign from office.
In case the Executive Yuan deems a decision by the Legislative Yuan on a statutory enactment, a budget or a treaty bill difficult to enforce, it may, with the approval of the President of the Republic and within ten days after the transmission of the Legislative Yuan’s resolution, request the latter to reconsider it. If, after reconsideration, two-thirds of the Members of the Legislative Yuan present at the meeting uphold the original resolution, the President of the Executive Yuan shall either abide by it or resign from office.

Article 58

The Executive Yuan shall have a Council of the Executive Yuan, to be composed of its President, Vice President, Ministers and Chairmen of Commissions, and Ministers without Portfolio, with its President as Chairman.
Statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, the conclusion of peace, international treaties and other important matters which have to be submitted to the Legislative Yuan, as well as matters of common concern to all the ministries and commissions, shall be laid before the Council of the Executive Yuan by the President of the Executive Yuan and by the various Ministers and Chairmen of Commissions for its consideration and decision.

Article 59

The Executive Yuan shall, three months before the beginning of each fiscal year, submit to the Legislative Yuan a budgetary bill for the following fiscal year.

Article 60

The Executive Yuan shall, within four months after the end of each fiscal year, submit a final account of revenues and expenditures to the Control Yuan.