Constitution

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

Table of Contents

CHAPTER IX. CONTROL

Article 90

The Control Yuan shall be the highest control organ of the State. It shall exercise the powers of consent, impeachment, censure, and auditing.

Article 91

The Control Yuan shall be composed of Members to be elected by Provincial and Municipal Councils, the local Councils of Mongolia and Tibet, and Chinese citizens residing abroad. Their numbers shall be determined in accordance with the following provisions:

  1. Five Members for each Province;
  2. Two Members for each Municipality under the direct jurisdiction of the Executive Yuan;
  3. Eight Members for the Mongolian Leagues and Banners;
  4. Eight Members for Tibet; and
  5. Eight Members for Chinese citizens residing abroad.

Article 92

The Control Yuan shall have a President and a Vice President to be elected from among its Members.

Article 93

Members of the Control Yuan shall serve a term of six years and shall be re-eligible.

Article 94

In exercising its power of confirmation in accordance with this Constitution, the Control Yuan shall do so by a majority vote of the Members present at the meeting.

Article 95

In exercising its power of control, the Control Yuan may request the Executive Yuan and its Ministries and Commissions to submit to it any orders they have issued and all other relevant documents.

Article 96

The Control Yuan may, taking into account the work of the Executive Yuan and its Ministries and Commissions, set up a number of committees to look into all aspects of their activities in order to determine whether or not they are guilty of a violation of law or neglect of duty.

Article 97

  1. The Control Yuan may, on the basis of the findings and resolutions of its committees, propose corrective measures and transmit them to the Executive Yuan and the Ministries and Commissions concerned, requesting them to introduce the necessary improvements.
  2. In case the Control Yuan deems a public employee in the Central Government or in a local government guilty of neglect of duty or a violation of the law, it may propose corrective measures or institute impeachment proceedings. If the case involves a criminal offense, it shall be turned over to a court of law.

Article 98

Impeachment by the Control Yuan of a public employee in the Central Government or in a local government shall be instituted upon the proposal of one or more Members of the Control Yuan and the decision, after careful consideration, by a committee composed of at least nine of its Members.

Article 99

In case of impeachment of the personnel of the Judicial Yuan or of the Examination Yuan for neglect of duty or violation of the law, the provisions of Articles 95, 97, and 98 shall apply.

Article 100

Impeachment proceedings against the President or the Vice President shall be instituted upon the proposal of at least one-fourth of the total number of Members of the Control Yuan and the resolution, after careful consideration, by a majority of all Members, and shall be transmitted to the National Assembly.

Article 101

No Member of the Control Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan.

Article 102

No Member of the Control Yuan shall, except in case of flagrante delicto, be arrested or detained without the permission of the Control Yuan.

Article 103

No Member of the Control Yuan shall concurrently hold any other public office or engage in any profession.

Article 104

The Control Yuan shall have an Auditor General who shall be nominated and, upon confirmation by the Legislative Yuan, appointed by the President of the Republic.

Article 105

The Auditor General shall, within three months after submission by the Executive Yuan of the final financial account, complete the auditing thereof in accordance with law and submit an audit to the Legislative Yuan.

Article 106

The organization of the Control Yuan shall be determined by law.