Laws Information

法規資訊

Article Content

Article 1
These Regulations are established in accordance with Article 13, Paragraph 2 of the International Cooperation and Development Act (hereinafter the “Act”).

Article 2
Prior to handling international cooperation and development affairs, the competent authority or other government agencies/institutions shall draw upon the development experience and comparative advantages of the Republic of China (Taiwan) (hereinafter the “ROC”) and, to meet the overall development strategies of partner countries, jointly plan development objectives, draft development projects and establish cooperative bilateral partnerships.

Article 3
When handling international cooperation and development affairs, the competent authority or other government agencies/institutions shall, when necessary, conduct a feasibility study in the following areas:
1. Technical capacity and human resources.
2. Environmental impacts.
3. Financial analysis.
4. Market analysis and potential commercial benefits.
5. The compatibility of regulations and systems in partner countries.
6. The expected benefits to and impacts upon the social and economic development of partner countries.
7. The organizational structure and implementation capacity of project implementing agencies/institutions in partner countries.
The feasibility study mentioned in Article 13, Paragraph 1 of the Act shall, when necessary, include the following items:
1. Basic survey data and analysis (for example, site investigation, hydrological/meteorological data, existing infrastructure, etc.).
2. An environmental impact assessment and response measures.
3. Analysis of land acquisition and a utilization plan.
4. Analysis of development methodologies, and project planning and scheduling.
5. Cost estimates, financial benefits and appraisal of the feasibility of engaging ROC businesses.
6. Engineering maintenance management strategies and related risk response measures.
7. The expected benefits of engineering work.
8. Conclusions and recommendations.

Article 4
Upon approval of the feasibility study for the development project as prescribed in Article 2 above, the competent authority or other government agencies/institutions shall establish cooperative agreements with partner countries so as to clearly define the rights and obligations of both parties and assist project implementing agencies in partner countries to establish project coordination and supervision mechanisms.

Article 5
When implementing development projects, the competent authority or other government agencies/institutions shall carry out regular supervision of such projects with partner countries to ensure alignment between the implementation results and project objectives.
Within six months after the completion of a development project, the competent authority or other government agencies/institutions shall work with partner countries to determine whether project effectiveness was achieved and prepare a project completion report. Any project completion report prepared by other government agencies/institutions shall be submitted to the competent authority for reference.
The causes of failure to achieve project objectives shall be clearly stated in the project completion report for reference when formulating future development projects.

Article 6
Within two to five years after the completion of a development project, the competent authority or other government agencies/institutions shall conduct a performance evaluation based on the status and requirements of each individual case. The performance evaluation may be conducted internally or by commissioning an objective and impartial third party with professional expertise in international cooperation and development affairs, and shall include the following items:
1. Alignment between the implementation results and project objectives.
2. Whether the results of project implementation fulfilled the requirements of partner countries.
3. The rationality of the utilization of project resources.
4. The sustainability of the project.

Article 7
These Regulations shall enter into force on the date of promulgation.