Regulation for Petitions against Discrimination a
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Entire
Regulations with 13 Articles enacted and promulgated by Decree
Tai-Nei-Yi-Tzu No.0971035715 of the Ministry of the Interior on Auguest
1,2008 and set to be effective on th same date
Article 1
The
Regulations is enacted in accordance with paragraph 3, Article 62 of
the Immigration Act (hereinafter referred to as the Act).
Article 2
Anyone
residing in Taiwan Area, if discriminated against based on nationality,
ethnicity, skin color, class, or birthplace, may petition the competent
authorities for the resultant infringement of his/her rights, unless
otherwise stipulated in other laws.
Article 3
The
petition shall be filed in writing within two months from the day,
following the discovery of the infringement of rights. However, if more
than one year has lapsed since the occurrence of the infringement, the
petition shall not be filed.
The
petition stated in the proceeding paragraph is entered from the date
when the competent authorities receive the petition in writing.
However, if the petition in writing is filed to the competent
authorities by certified mail, the date of the petition is entered from
the date indicated on the postal stamp.
Article 4
The
petition shall contain the following items along with the signature(s)
or seal(s) of the petitioner and/or his/her proxy:
1.
The petitioner’s name, date of
birth, ID document number, residence address, and telephone number;
2.
The proxy’s name, date of birth,
ID document number, residence address, and telephone number if a legal
proxy acts on behalf of the petitioner;
3.
The identity of the defendant;
4.
Demands of the petition;
5.
Material facts and reasons of
the petition;
6.
Documentary evidence if
available;
7.
The date of the petition.
Article 5
The
petition shall be written and prepared in Chinese. The translation of
the attached foreign documents shall be provided only for the sections
relevant to the petition. However, if deemed necessary, the competent
authorities may notify the petitioner to provide the translation of the
other additional sections.
Article 6
For any
petition in writing the does not satisfy the stipulations set forth in
the two proceeding articles, but can be rectified, the competent
authorities shall notify the petitioner to make the rectification
within 20 days following notification.
Article 7
After
accepting the petition, the competent authority shall notify the
defendant to defend himself/herself.
Article 8
The
competent authorities shall invite and convene the head of relevant
authorities and departments, and impartial people to establish the
Taiwan Area Residents Discrimination Petition Review Committee to
adjudicate petitions.
Article 9
The
competent authorities shall review petitions principally based on
documentary evidence. When necessary, the relevant authorities,
petitioner, defendant, or interested party may be notified to appear at
a specified location to provide testimony.
Article 10
Any
petition under one of the following circumstances shall be rejected:
1.
The petition in writing does not
conform to the statutory format and cannot be rectified, or is not
rectified within the specified period.
2.
The period specified in Article
3 for filing the petition has already lapsed;
3.
The petitioner has no legal
capacity and no proxy to act on his/her behalf to file the petition, a
condition which has not been rectified within the specified period;
4.
A remedy has been stipulated in
other laws;
5.
The petition, for which a
decision has been made or which has been rejected, is presented again.
Article 11
The
competent authorities shall reach a decision on the petition within 3
months following the day of the filing.
Article 12
The
competent authority shall notify the petitioner and the defendant of
the decision reached on the petition.
Article 13
The
effective date of the Regulations shall be determined by the Ministry
of the Interior.