Article 12
Except that the period for a person planning to participate in campaign is from the day when the public notice for election is issued to the day before the polling day in case of reelection, by-election, or election of members of the Legislative Yuan after the President disbands the Legislative Yuan, the following provisions shall govern:
1. Persons planning to participate in a campaign to be President and Vice President: from 1 year before expiration of the tenure of President and Vice President, to the day before the polling day of election of the next session.
2. Persons planning to participate in a campaign to be members of the Legislative Yuan elected through regional elections or by indigenous people: from 10 months before expiration of the tenure of the members of Legislative Yuan, to the day before the polling day of election of the next session.
3. Persons planning to participate in a campaign to be municipal councilors, governor of municipality, county (city) councilors, governor of county (city), chief of township (city), and chief of mountain indigenous district: from 8 months before expiration of the tenure of the public officials, to the day before the polling day of election of the next session.
4. Persons planning to participate in a campaign to be representatives of townships (cities), representatives of mountain indigenous district congresses, chief of village(borough): from 4 months before expiration of the tenure of the public officials, to the day before the polling day of election of the next session.
When the first session of the public officials is elected, expiration of the tenure and the polling day of election of the next session referred to in the prior Subparagraphs 3 and 4 shall be the inauguration day and the polling day of election.
If any of the elections in Paragraph 1 starts after the public notice of election, the period of accepting political donations starts from the date of public notice of election to the day before the polling day of election of the next session.
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Article 15
When accepting political donations, the political parties, political associations and persons planning to participate in a campaign shall confirm whether the donations conform to any of the provisions of Paragraph 1 of Article 7, the preceding Article, Paragraph 1 or 2 of Article 17, or Paragraph 1 or 2 of Article 18. If any of the provisions is not satisfied, except where the donations do not conform to Subparagraphs 7 to 9 of Paragraph 1 of Article 7 and cannot be returned, the donations that violate the aforesaid provisions shall be returned to the donors within the deadline prescribed in Article 21. Donations which are not returned or unable to be returned shall be handed in to the authority hearing declarations for depositing into the national treasury within the deadline prescribed in Article 21. Donations which conform to the provisions but are refused may be returned to the donors within the deadline prescribed in Article 21.
The political parties, political associations and persons planning to participate in a campaign shall return political donations accepted in accordance with the preceding Paragraph in one of the following ways:
1. The political donation money having been deposited into a dedicated account shall be returned by bank transfer or by a separate negotiable instrument issued by the financial institution accommodating the dedicated account.
2. The negotiable instrument having been deposited but not honored, application shall be made for withdrawal and the donation returned in the original negotiable instrument to the donors; the political donation money having been honored shall be returned in accordance with the preceding Paragraph.
3. The political donation money having not been deposited into dedicated accounts shall be returned directly. Non-monetary political donations shall be returned likewise.
If the political donations handed in by the political parties, political associations and persons planning to participate in a campaign to the authority with a declaration for depositing into the national treasury are movables, immovables, payment of unequivalent quid pro, exemption of debts or other benefits of economic values other than money, they may be converted to the price at the time of acceptance.
The political parties, political associations and persons planning to participate in a campaign returning political donations or handing them in to the authority heaing declarations for depositing into the national treasury in accordance with Paragraph 1 shall withdraw and dismantle the receipt or voucher. If the receipt or voucher cannot be withdrawn, the return date, amount of the political donation and reasons why the receipt or voucher cannot be withdrawn shall be specified in writing, and handed in to the Control Yuan for reference.
The total amount of secret political donations accepted by the political parties, political associations and persons planning to participate in a campaign may not exceed thirty percent (30%) of the total incomes of political donations declared, and the excessive part, if any, shall be transferred to the authority hearing declarations for depositing into the national treasury when declaring incomes.
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Article 18
The total amount of donations contributed to a same person (group) planning to participate in campaign each year may not exceed the following limits:
1. By individuals: NT$100,000.
2. By profit-seeking businesses: NT$1,000,000.
3. By civil associations: NT$500,000.
The total amount of donations contributed by a political party to a same recommended person (group) planning to participate in a campaign may not exceed the following limits:
1. President and Vice President: NT$25,000,000.
2. Members of the Legislative Yuan: NT$2,000,000.
3. Governors of municipalities or counties (cities): NT$3,000,000.
4. Councilors of municipalities or counties (cities): NT$500,000.
5. Chiefs of townships (cities) and chiefs of mountain indigenous districts: NT$300,000.
6. Representatives of townships (cities) and representatives of mountain indigenous district congresses: NT$100,000.
The total amount of donations contributed to different persons planning to participate in a campaign each year may not exceed the following limits:
1. By a same individual: NT$300,000.
2. By a same profit-seeking business: NT$2,000,000.
3. By a same civil association: NT$1,000,000.
The total amount of donations contributed to a same person (group) planning to participate in a campaign each year referred to in Paragraph 1 shall mean the total amount of donations contributed to the individual person planning to participate in the campaign within the same year. The total amount of donations contributed to different persons planning to participate in a campaign each year referred to in the preceding Paragraph shall mean the total amount of donations contributed to persons planning to participate in various campaigns within the same year.
The total amount of donations contributed in one’s will shall follow Subparagraph 1 of Paragraph 1 and Subparagraph 1 of Paragraph 3, and is limited to once only. The excess part of the total amount is invalid.
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Article 21
The accounting report referred to in the preceding Article, for a political party or political association, shall be signed or sealed by the principal or representative of the political party or political association; for a person planning to participate in a campaign, shall be signed or sealed by the person himself/herself, and audited and attested by the accountant entrusted within 70 days after the voting date, if the amount reaches NT$10,000,000 or more. The accounting report shall be declared pursuant to the following provisions:
1. A political party or political association shall declare to the authority hearing declarations within 5 months after each year’s end.
2. A person planning to participate in campaign shall declare to the authority hearing declarations within 3 months after the polling day.
If a person planning to participate in a campaign dies after receiving political donations, the heir at law shall declare the accounting report to the authority hearing declarations within 3 months after the date of inheritance, and the residual political donations shall be handed in to the authority hearing declarations upon declaration for depositing in the national treasury.
After a person planning to participate in a campaign accepts political donations, if it is found that he/she has not been registered as a candidate according to law or his/her qualification as a registered candidate is cancelled, he/she immediately stops accepting political donations and declares the accounting report within 3 months of the fact, and the residual political donations shall be handed in to the authority hearing declarations upon declaration for depositing in the national treasury.
The authority hearing declarations shall, within 6 months after the deadline for declaration, collate the accounting reports for inquiry and publicize them over the internet.
Regulations governing the qualifications and procedures for inquiry, publications, and file formats of the accounting reports referred to in the preceding Paragraph shall be prescribed by the authority hearing declarations.
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Article 25
A person planning to participate in a campaign who accepts political donations infringing on the provisions of Article 8 from donators regulated in Subparagraphs 7 to 9 of Paragraph 1 of Article 7, and does not hand in to the authority hearing declarations for depositing into the national treasury in accordance with Article 15, or collects political donations infringing on the provision of Article 13, shall be condemned to fixed-term imprisonment of not more than 5 years; this shall also apply to the agents or employees who accept or collect political donations for the persons planning to participate in a campaign.
The principals, representatives, agents, or employees of political parties or political associations who commit the crime prescribed in the preceding Paragraph, shall be punished in accordance with the provision of the preceding Paragraph.
Anyone who commits the crime prescribed in the two preceding Paragraphs and have responded to inquiries in accordance with Paragraph 4 of Article 7 are exempted from the punishment.
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Article 28
Anyone who infringes the provision of Article 6 shall be fined a sum of not less than NT$200,000 and not more than NT$1,200,000.
A civil servant who infringes the provision of Article 6 shall be condemned to fixed-term imprisonment of not more than 1 year.
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Article 29
Anyone who contributes political donations infringing on the provisions of Paragraph 1 of Article 9 and Paragraph 2 of Article 18 shall be fined up to a sum doubling the amount of the donations accepted.
Anyone who contributes political donations infringing on any of the provisions of Paragraph 1 of Article 7, Article 14, Paragraph 1 to 4 of Article 17, or Paragraph 1 or 3 of Article 18 shall be fined up to a sum doubling the amount of the donations accepted in violation of the aforesaid provisions.
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Article 30
The political parties, political associations and persons planning to participate in a campaign who commit any of the following actions shall be fined a sum of not less than NT$60,000 and not more than NT$1,200,000, and a time limit may be set for them to make declaration, deposit the donations into the dedicated account, hand in the donations, or supplement; in case the declaration, deposit, hand-in or supplementation is not conducted within the time limit, the punishment may be imposed per violation:
1. Infringe the provision of Paragraph 2 of Article 10 and do not deposit the political donations accepted into the dedicated account.
2. Infringe the provision of former section of Paragraph 1 of Article 11 and do not issue receipts or vouchers for political donations accepted.
3. Infringe any of the provisions of Paragraph 1, the former section of Paragraph 2, or the former section of Paragraph 3 of Article 21, or the latter section of Paragraph 1 of Article 23, and do not make declaration, or do not make declaration in the legal way, or intentionally make a false declaration.
4. Infringe the provision of Paragraph 1 or 5 of Article 15, and do not hand in the political donations to the authority hearing declarations for depositing in the national treasury; however, those who have responded to inquiries in accordance with Paragraph 4 of Article 7 are exempted from the punishment.
5. Infringe the Subparagraph 1 or 2 of Paragraph 2 of Article 15 and do not return political donations in the legal way.
6. Infringe the provision of Article 20, and do not set up account book of incomes and expenditures or compile or publish an accounting report.
7. Infringe the provision of latter section of Paragraph 2, latter section of Paragraph 3 of Article 21, or Paragraph 2 of Article 23, and do not hand in the residual political donations accepted to the authority hearing declaration for depositing in the national treasury.
8. Do not submit the vouchers or evidential documents of incomes and expenditures in accordance with the provision of Paragraph 1 of Article 22, and evade, encumber or refuse the audit.
9. Do not keep the vouchers or evidential documents of incomes and expenditures in accordance with the provision of Paragraph 2 of Article 22.
10. Draw on the political donations with infringing the provision of Paragraph 1 of Article 23.
Under the circumstances prescribed in Subparagraph 1, 4, 7 or 10 of the preceding Paragraph, the political donations infringing the relevant provision may be confiscated; if the full or a part of the donations cannot be confiscated, a sum equal to the price shall be relevied.
When the political parties or political associations are punished three times according to Subparagraph 3 of Paragraph 1 due to the violation of the provision of Paragraph 1 of Article 21, the authority hearing declarations shall abolish the permission to open the dedicated account and issue a public notice.
When the dedicated account opened by the political parties or political associations is abolished by the authority hearing declarations, the political parties or political associations shall stop accepting political donations immediately, and shall declare the accounting report, pay the fine and hand in the residual political donations accepted to the authority hearing declarations for depositing in the national treasury within one month after the occurrence of the fact.
After the political parties or political associations referred to in the preceding Paragraph take action in accordance with the aforesaid provision, they may reapply for permission to open the dedicated account according to Paragraph 1 of Article 10.
After the dedicated account of a person planning to participate in campaign is opened with permission and the political donations accepted are used up or deposited into the national treasury, the authority hearing declarations shall abolish the permission to open the dedicated account and issue a public notice.
If the political parties, political associations or persons planning to participate in a campaign fail to hand in the political donations within the time limit prescribed in Subparagraph 4 of Paragraph 1 but deposit them into the national treasury before the authority hearing declaration’s audit, the mitigating punishment may be imposed.
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Article 31
The profit-seeking businesses, manufacturers, associations, institutions, juridical persons or individuals who infringe Paragraph 1 of Article 22 and evade, encumber, or refuse the audit, shall be fined a sum of not less than NT$60,000 and not more than NT$1,200,000.
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Article 32
The persons planning to participate in a campaign who infringe the provision of Paragraph 4 of Article 23 and donate residual political donations, shall be fined up to a sum doubling the amount of the donations accepted in violation of the aforesaid provision.
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Article 33
The administrative sanctions prescribed in this Act shall be imposed by the Control Yuan.
The right to impose the administrative sanctions referred to in the preceding Paragraph will become extinct if it is not exercised within five years.
The administrative sanctions referred to in Paragraph 1 after confirmation shall be published on the government bulletin or newspapers, and publicized over the internet by the Control Yuan.
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Article 36
Except for Paragraphs 4 and 5 of Article 21 which were amended and promulgated on August 13, 2008 and came into force 6 months after the date of promulgation, the Act shall come into force on the date of promulgation.
Paragraph 4 of Article 21 amended on May 29, 2018 shall come into force 6 months after the date of promulgation.
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