Organizations and Functions
Organizations and Functions
The Examination Yuan has a president, a vice president, and 19 ministers without portfolio, all of whom are special appointees nominated by the President of the Republic. They are appointed to six-year terms upon confirmation by the Legislative Yuan. The Examination Yuan also has a secretary-general and a deputy secretary-general. All policies and major related issues are deliberated and resolutions are made at Examination Yuan Council meetings. The functions of the ministries and commissions affiliated with the Examination Yuan are as follow: The Ministry of Examination administers national examinations for civil servants and professional and technical personnel; the Ministry of Civil Service is responsible for the qualification screening, pecuniary aid in case of death, and retirement of public functionaries, as well as legal matters concerning their employment, discharge, performance appraisal, pay grading, promotion, transfer, commendation, and award; the Civil Service Protection and Training Commission is in charge of policies and legal matters concerning the protection of civil servants' rights and interests, as well as offering courses in administrative neutrality and providing training for newly promoted public servants and those newly qualified through written examinations; the Public Service Pension Fund Supervisory Board is in charge of review, oversight, and evaluation of the civil service retirement pension fund. According to the Organic Provisions of the Central Personnel Administration under the Executive Yuan, the Examination Yuan exercises oversight of its management of recruitment and civil service affairs.
The eleventh Examination Yuan Vice President and Ministers without Portfolio were sworn in on September 1, 2008. The Vice President served as acting President until the President took office on December 1, 2008. The current Examination Yuan President, Vice President, Ministers without Portfolio, Secretary-General, Deputy Secretary-General, Ministers of Examination and Civil Service, and the Civil Service Protection and Training Commission, and Chairman of the Public Service Pension Fund Supervisory Board are as follows:
■President - Kuan Chung
■Vice President - Wu Jin-lin
■Ministers without Portfolio:
■Secretary-General - Hwang Yea-baang
■Deputy Secretary-General - Yuan, Tze-yu
■Minister of Examination - Pao-Cheng Tung
■Minister of Civil Service - Chang Che-shen
■Minister , Civil Service Protection and Training Commission - Tsai Bih-hwang
■Chairman, Public Service Pension Fund Supervisory Board - Wu Jin-lin, concurrently Vice President
1.Examination Yuan Council
The Examination Yuan Council consists of the President, Vice President, Ministers without Portfolio, the Ministers of Examination and Civil Service, and the Civil Service Protection and Training Commission. Meetings are chaired by the President, or by the Vice President when the President is not available. When the President and the Vice President are not available, one member of the Council present is selected to act as chairperson. Examination Yuan Council meetings are held weekly, with provisional meetings convened when necessary, to decide civil service examination and personnel administration policy and major related issues.
A joint-decision body, council meetings are convened with a quorum of more than half of the members. Resolutions are made by majority decision, and the chairperson of the session is empowered to cast the deciding vote in the case of a tie. However, traditionally council resolutions are reached through consensus. In addition to those required to attend Council meetings, the Examination Yuan's Secretary-General, Deputy Secretary-General, the Deputy Ministers of the subordinate ministries, and the Director of the Central Personnel Administration shall also attend. When necessary, the Examination Yuan President may appoint concerned officials to attend council meetings, such as the Examination Yuan's First Counselor, the Director of the Secretariat, and Division Directors of all operation divisions.
Depending on the nature of the motion under discussion, the Council may refer it for review by subcommittees or by the Examination Yuan Council Review Committee. The Examination Yuan Council Review Committee is composed of the Vice President, Ministers without Portfolio, the Ministers of Examination and Civil Service, and the Chairperson of the Civil Service Protection and Training Commission. It is convened by the Vice President, except under unusual circumstances, in which case members may convene a session. Subcommittee review sessions consist of 7 to 11 members. Conveners and review committee members are assigned on a rotating basis. When motions are delegated for review, attendees shall be specified. Further, concerned units of the Examination Yuan and related departments are required to prepare reference materials when necessary. When deemed necessary by the review session convener, other concerned personnel may be invited to participate. Following deliberation by the committee, the convener is responsible for submitting a formal review report to the Examination Yuan Council.
The Examination Yuan's ministers without portfolio take a proactive approach to researching and planning related affairs under their purview. They conduct fact-finding missions to study the civil service systems in other countries as reference for the Council's planning and improvement of the examination and civil service systems. They also visit various government agencies to better address examination and civil service issues at different levels. Gathering the voices of grass-roots civil servants and engaging in close communication with local agencies provide a close-up view of the situations and enable a scrutiny of examination and civil service policy implementation. These efforts help strengthen the ROC's civil service system and make related policies in line with public opinion to uphold the public's right of examination and civil service as enshrined in the Constitution.
In the face of globalization and the rapid development of information technology and knowledge-based economy, governments of all countries are sparing no efforts to enhance their administrative capabilities, trying hard to improve the quality of civil servants and their work efficiency. The Examination Yuan, in order to show its capability to reform and carry out its constitutional mandate, passed a resolution to reform the nation's civil service during the 39th meeting of the 11th Examination Yuan Council. In the resolution, the Council made six suggestions for building a first-rate government and raising national competitiveness through short-, near- and mid-term reform projects.
The basic framework of the Examination Yuan's Civil Service Reform Program is:
■Building Public Service Ethics - Shaping a Quality Culture
■Integrating Legal Rules on Civil Service - Reinvigorating the Management System
■Improving the Recruiting Mechanisms to Attract Talented People to Government Service
■Perfecting Training and Skill-upgrading Programs to Strengthen Senior Civil Service Capability
■Implementing Performance-based Management Method to Enhance Government Efficiency
■Improving the Remuneration and Retirement Benefits System to Take Good Care of Civil Servants
2. Examination Yuan
The Examination Yuan has a Secretary-General and a Deputy Secretary-General, who assist the President in daily operations. The Examination Yuan headquarters consist of 12 offices and departments that execute their respective duties(see Figure 2 for the organization of the Examination Yuan). Each unit is responsible for researching and planning policy guidelines, platforms, examination and civil service administration policies, reviewing examination and civil service administration policies, laws and statutes, and other administrative support. For example, the First Division is charged with formulation and review of issues related to examination policies and laws, and the production and issuance of national examination qualification certificates; the Second Division is responsible for the formulation of personnel policy and agency organic laws, as well as the formulation and review of laws concerning employment, discharge, performance appraisal, pay grading, promotion, transfer, commendation, awards, insurance, retirement , pecuniary aid in case of death, and other benefits; the Third Division is responsible for the formulation and review of policies and laws concerning civil service protection and training programs, as well as civil service pension fund management. The various constituent units of the Examination Yuan actively work to strengthen policy-making functions as prescribed by law to assure the quality of decision-making and administrative efficiency.
3. Ministry of Examination
The Ministry of Examination has a Minister, a Political Deputy Minister and an Administrative Deputy Minister who conduct Ministry affairs together. Internal operations are divided among six operational departments, for Examination Planning, Senior and Junior Examinations, Special Examinations, Professional and Technical Examinations, Item Pool Management, and Information Management. In addition to these, a number of committees are constituted to respond to the various requirements of general and extraordinary examination operations. These include the Examinations Research Committee, Administrative Litigation Committee, the Committee for Examination Eligibility Review, various review committees for each professional and technical examination, and the Regulations Committee, each of which conducts examination affairs in its specific area of competence.
According to the Constitution, qualification for employment in civil service and practice in professional or technical professions shall be determined and registered through examination by the Examination Yuan in accordance with law. The Examination Yuan is the nation's highest body governing examinations. The Ministry of Examination is responsible for administration of national examination and selection in accordance with the Ministry of Examination Organic Act, administering civil service examinations, professional and technical examinations, and overseeing agencies or groups authorized or surrogated to conduct examinations.
4. Ministry of Civil Service
The Ministry of Civil Service has a Minister, a Political Deputy Minister and an Administrative Deputy Minister who conduct Ministry affairs together. Internal operations are divided among several departments, including the Department of Personnel Planning and Regulations, the Department of General Qualification Screening, the Department of Special Qualification Screening, the Department of Retirement and Survivor Relief, and the Department of Personnel Management. In addition, the Ministry of Civil Service oversees the operation of the Public Service Pension Fund Management Board and the Public Servant and Teacher Insurance Supervisory Committee, of both of which the Minister also serves as Chairperson.
The Ministry of Civil Service is responsible for a wide range of civil service administrative work, such as the employment and discharge of public servants, performance appraisal, pay grading, promotion, insurance, retirement pensions and pecuniary aid in case of death. It also manages human resources departments in all government agencies. In order to meet the demands of the time, the Ministry of Civil Service has actively sought to improve the legal institutions as well as the compensation system for civil servants. On the institutional side, the Ministry has drafted the Civil Service Basic Act, the Political Appointee Act, and the Civil Servant Administrative Neutrality Act, the last of which was passed and was promulgated by the President of the Republic on June 10, 2009. On the compensation side, efforts are being made to update the rules and measures regarding performance appraisal, insurance, retirement pension and other benefits for civil servants. All these efforts are aimed at achieving a sound, realistic and forward-looking human resources management policy that will encourage our public servants to devote their time and energy wholeheartedly to improving government service for the people. Their devotion and contribution can be expected to enhance national competitiveness and ensure a sustainable development of the country.
5. Civil Service Protection and Training Commission
In order to satisfy the expectations of the general public in line with the world trends, the Examination Yuan revised its organic law in 1994. Under the revised law, the Civil Service Protection and Training Commission was established on June 1, 1996 to take charge of matters related to the protection and training of civil servants.
As stipulated by the Civil Service Protection and Training Commission Organic Act, the Commission has one minister, two vice ministers, and 10 to 14 commissioners. Five to seven full-time commissioners are appointed by the President of the Republic upon the nomination of the Examination Yuan President. Five to seven part-time commissioners are appointed by the President of the Examination Yuan. Term length is three years and renewable.
The Civil Service Protection and Training Commission has two main duties. First, it shall fairly screen cases of dispute involving public servants. The screening must be done in accordance with the law, taking into account the procedural and substantive justice. This is aimed at maintaining the dignity of public servants in their execution of official duties and encouraging them to do what is right, in addition to protecting their rights and interests. Second, it shall build a sound system for training and upgrading public servants' professional abilities by integrating all job-training resources available across the country. It is expected that through such efforts, the country's public servants will boost their job performance and government efficiency, thereby giving the country a leading edge in this competitive world. Furthermore, the National Civil Service Institute was set up on July 26, 1999 to meet the requirements of training competent civil servants. Later, in order to further enhance the training efficiency, the institute's organic law was amended so that the National Academy of Civil Service was established on March 26, 2010 to make the training system work even better.
6. Public Service Pension Fund Supervisory Board
Previously, the budgetary allowance for public functionary retirement pension and compensation for death, disease and injury was fully covered by the government. However, rising civil servant pay levels, a longer average life span, and the growing number of retirees and compensation beneficiaries contributed to the rapid increase of government expenditures. To address the considerable budgetary burden on the government, the Examination Yuan made amendments to civil service pension and compensation laws. Upon completion of legislation by the Legislative Yuan, effective July 1995, the system requires joint contribution by the government and public servants. On May 1,1995, the Public Service Pension Fund Supervisory Board and the Public Service Pension Fund Management Board were set up to implement the system.
The Supervisory Board is responsible for the pension fund's review, supervision and appraisal of revenue, and supervision of pension fund management and operation. The board is comprised of 13 members representing various government agencies, namely the secretaries-general of the Executive Yuan, Judicial Yuan, and Examination Yuan, as well as the chiefs of the Ministry of Civil Service and other government agencies, and nine representatives from the military, public agencies and educational institutions. In addition to the Chairperson, which is concurrently filled by the Examination Yuan Vice President, an Executive Secretary is in charge of routine work. The Supervisory Board consists of two departments, the Department of General Affairs and the Department of Auditing. The Chairperson of the Public Service Pension Fund Supervisory Board is empowered to enlist five to seven legal and financial experts as counselors to supervise the board's operation, and may convene an advisory review session at any time.
7. Directorate-General of Personal Administration, Executive Yuan
The Directorate-General of Personal Administration (DGPA) was established according to Article 5 of the Temporary Provisions of the Constitution. Upon the abolition of those provisions, the legal organizational structure was completed according to the Amendment Articles of the Constitution, making the DGPA a constitutional body. The DGPA Organizational Statute was promulgated on December 30, 1993, and revisions were subsequently made on June 26, 2002. Article 1 of the statute stipulates that "The Executive Yuan shall establish the Central Personnel Administration as the agency governing the personnel administration of all of its ministries and agencies." Item 2 of Article 1 stipulates that "Examination and civil service administration operations of the Directorate-General of Personal Administration shall be subject to supervision by the Examination Yuan."
The DGPA is headed by a minister and two vice ministers who handle its operations and affairs. Subordinate units of the DGPA include the Planning Department, Manpower Department, Appraisal and Training Department, Compensation Department, and Local Personnel Administration Department. The DGPA also oversees two additional affiliated units, namely the Civil Service Development Institute, and the Regional Civil Service Development Institute.