Executive Yuan

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Headquarters of the Executive Yuan
Headquarters of the Executive Yuan
Headquarters of the Executive Yuan
Headquarters of the Executive Yuan

The Executive Yuan (traditional Chinese: 行政院; pinyin: Xíngzhèng Yuàn; literally "Executive court") is the executive branch of the government of the Republic of China.

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It is headed by a president, and has a vice president (vice premier), and eight cabinet ministers, various chairpersons of commissions, and five to seven ministers without portfolio as its members. The vice premier, ministers, and chairpersons are appointed by the President of the Republic of China on the recommendation of the premier.

Its formation, as one of five Yuans of the government, stemmed from the Three Principles of the People, the constitutional theory of Sun Yat-sen, but was adjusted constitutionally over the years to adapt to the situation in Taiwan by changes in the laws and the Constitution of the Republic of China.

Empowered by various laws, or even the Constitution, under the Executive Yuan several individual boards are formed to enforce different executive functions of the government. Unless regulated otherwise, the chairs are appointed by and answer to the Premier. The committee members of the boards are usually (a) governmental officials for the purpose of interdepartmental coordination and cooperation; or (b) creditable professionals for their reputation and independence.

According to Articles three and four of the organic law of the Executive Yuan, the commissioners of following two commissions hold the rank of minister.

  • Consumer Protection Commission: an executive commission authorized by the law of Consumer Protection.
  • National Disaster Prevention and Protection Commission: a task-force-grouped committee authorized by the law of Disaster Prevention and Protection.

There are, or would be, five independent executive commissions under the Executive Yuan. The chiefs of these five institutions would not be affected by any change of the Premier. However, the related organic laws are currently under revision or dispute.

Authorized by Article Five of the organic law of the Executive Yuan:

Authorized by Article Nine of the amendments of the Constitution of the Republic of China:

The Executive Yuan Council, commonly referred to as "The Cabinet" (內閣), is the chief policymaking organ of the ROC government. It consists of the premier, who presides over its meetings, the vice premier, ministers without portfolio, the heads of the ministries, and the heads of the Mongolian and Tibetan Affairs Commission and the Overseas Chinese Affairs Commission. The secretary-general and the deputy secretary-general of the Executive Yuan also attend, as well as heads of other Executive Yuan organizations by invitation, but they have no vote. Article 58 of the Constitution empowers the Executive Yuan Council to evaluate statutory and budgetary bills concerning martial law, amnesty, declarations of war, conclusion of peace or treaties, and other important affairs before submission to the Legislative Yuan.

A common scene in Taiwanese news consists of ministers being asked harsh questions by legislative committees. Legally, the Executive Yuan must present the Legislative Yuan with an annual policy statement and an administrative report. The Legislative Yuan may also summon members of the Executive Yuan for questioning.

Whenever there is disagreement between the Legislative Yuan and Executive Yuan, the Legislative Yuan may pass a resolution asking the EY to alter the policy proposal in question. The Executive Yuan may, in turn, ask the LY to reconsider. Afterwards, if the LY upholds the original resolution, the premier must abide by the resolution or resign. The EY may also present an alternative budgetary bill if the one passed by the Legislative Yuan is deemed difficult to execute.

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