| Legislative： |
Promulgated by Executive Yuan on August 18, 1959.
Amended by Executive Yuan on February 17, 1970 .
Amended by Executive Yuan on June 2, 1981.
Amended by Executive Yuan on May 24, 1985.
Amended by Executive Yuan on June 4, 1990.
Amended by Executive Yuan on January 20, 2000.
Amended by Executive Yuan on June 6, 2003.
Amended by Executive Yuan on March 2, 2011.
Amended by Executive Yuan on March 20, 2012. |
| Content： |
Article 1 These Regulations were promulgated in accordance with Article 8 and 29 of the “Administrative Law of State-Run Enterprise” to evaluate the performance and supervise the business development of state-run enterprises.
Article 2 Matters regarding the performance evaluation of state-run enterprises that are not stipulated in these Regulations shall be conducted in accordance with other relevant laws and regulations.
Article 3 The emphasis of the performance evaluation of state-run enterprises shall be placed on the annual profit and achievement of national policies. The competent authority may select the evaluation criteria from the following according to the nature of the enterprise:
1. Business operation
2. Financial management
3. Production management
4. Human resources management
5. Planning and management
6. Environmental protection and industrial safety
7. Other matters
The Operation Directions for Evaluating Annual Performances of State-Run Enterprises shall be prescribed by the Research, Development and Evaluation Commission of the Executive Yuan (hereinafter referred to as the “RDEC”).
Article 4 The performance evaluation of state-run enterprises shall be conducted in accordance with the annual final accounts.
Article 5 The evaluation of state-run enterprises shall be conducted in three steps including self-evaluation, preliminary evaluation, and final evaluation; procedures and deadlines shall be as follows:
1. State-run enterprises shall conduct self-evaluation in accordance with matters stipulated in Paragraph 1 of Article 3 at the end of the fiscal year. A self-evaluation report shall be submitted with the final accounts report of the same fiscal year before February 25 of the following year to the competent authority, and carbon copies shall be sent to the Secretariat of the Executive Yuan, the Directorate-General of Budget, Accounting and Statistics, the Directorate-General of Personnel Administration, the Council for Economic Planning and Development, and RDEC. The only exception is the Central Bank of China which shall submit the self-evaluation report to the Executive Yuan directly.
2. The competent authority shall include evaluation comments and complete the preliminary evaluation based on the self-evaluation report stipulated in the preceding subparagraph and other relevant information when conducting the performance evaluation of state-run enterprises, and submit the preliminary evaluation report including the performance grade stipulated in Article 9 to the Executive Yuan for final evaluation before March 31 of the following year.
3. After receiving the preliminary evaluation results from the competent authority as stipulated in the preceding subparagraph, the Executive Yuan shall complete the final evaluation, taking into consideration other evaluation information, before June 30 of the following year and submit the final evaluation report to the President.
Article 6 The competent authority may adopt the following methods when conducting the performance evaluation on state-run enterprises stipulated in Subparagraph 2 of the preceding article:
1. Send personnel to conduct on-site inspections at state-run enterprises.
2.Send personnel to participate in annual work review meetings of state-run enterprises.。
3.Invite relevant personnel from state-run enterprises to participate in performance evaluation sessions.
4. Invite personnel in charge of performance evaluation at state-run enterprises to attend performance evaluation seminars.
Article 7 The Executive Yuan shall conduct the final evaluation using the written evaluation method based on the preliminary evaluation results submitted by the competent authority in accordance with Subparagraph 3 of Article 5. On-site inspections may be conducted in accordance with Article 8 when necessary, and procedures shall be as follows:
1. The RDEC shall invite relevant offices of the Executive Yuan; the Directorate-General of Budget, Accounting and Statistics; the Central Personnel Administration; and the Council for Economic Planning and Development to form a final evaluation team and conduct final evaluation in accordance with the Operation Directions for Evaluating Annual Performances of State-Run Enterprises, as stipulated in Paragraph 2 of Article 3.
2. The RDEC shall discuss and consult with relevant offices of the Executive Yuan; the Directorate-General of Budget, Accounting and Statistics; the Central Personnel Administration; the Council for Economic Planning and Development; and the competent authority before submitting the final evaluation results to the Premier for approval.
Article 8 The RDEC may invite relevant offices of the Executive Yuan; the Directorate-General of Budget, Accounting and Statistics; the Central Personnel Administration; and the Council for Economic Planning and Development to form an inspection team to conduct on-site inspections at state-run enterprises during the fiscal year in accordance with the implementation status of evaluation matters stipulated in Paragraph 1 of Article 3. The on-site inspection findings shall serve as reference for the final evaluationThe RDEC may invite the Secretariat of the Executive Yuan, the Directorate-General of Budget, Accounting and Statistics, the Directorate-General of Personnel Administration, and the Council for Economic Planning and Development to form an inspection team to conduct on-site inspections at state-run enterprises during the fiscal year in accordance with the implementation status of evaluation matters stipulated in Paragraph 1 of Article 3. The on-site inspection findings shall serve as reference for the final evaluation.
Article 9 The competent authority shall assign grade “A,” “B,” “C”, or “D” to state-run enterprises based on the performance evaluation results, and submit the grades to the Executive Yuan for final evaluation.
State-run enterprises with any of the following conditions may not receive grade A:
1. Bureau of Labor Insurance when failing to achieve the budget target after the implementation results of the annual operating budget has been adjusted in compliance with key policy factors, with the exception that the results are better than the final accounts of the previous fiscal year.
2. State-run enterprises not included in the preceding subparagraph which fail to meet the budgeted amount after the annual profit has been adjusted in compliance with key policy factors, with the exception of those which achieve better results than the final accounts of the previous fiscal year.
3. State-run enterprises not included in Subparagraph 1 which fail to make profit after adjustments have been made in compliance with key policy factors, with the exception of those which achieve the target budget and improve losses significantly as compared to the previous year.
4. Those which made severe errors when implementing key policies or operations.
Article 10 The Executive Yuan shall confer a Grade A Group award certificate or plaque to state-run enterprises which receive a grade A for their performance evaluation approved by the Executive Yuan’s final evaluation.
The competent authority shall prescribe and submit the proportion and number of state-run enterprise personnel to receive grade A, and the proportion and number of different job position levels to receive grade A to the Executive Yuan for approval based on the performance evaluation grade of each state-run enterprise.
The competent authority shall take into consideration the performance evaluation grade of each state-run enterprise when evaluating, appointing, and dismissing key personnel of subordinate state-run enterprises.
Article 11 The competent authority shall draft the evaluation details, evaluation criteria, and weightage of each criteria in accordance with evaluation criteria as stipulated in Paragraph 1 of Article 3 before the start of each fiscal year. Those evaluation details shall be submitted to the Executive Yuan for approval before implementation. However , a state-run enterprise may apply for adjustment of those evaluation criteria in coordination with contingent organizational adjustment, a resolution adopted by the Legislative Yuan, privatization, or other material events that have occurred in the year.
A state-run enterprise that intends to make an application mentioned in the preceding paragraph shall do so at least three months before the end of the fiscal year, and the competent authority shall forward such application to the Executive Yuan for approval at least two months before the end of the fiscal year. Applications submitted past the aforesaid deadlines will not be accepted.
Article 12 The evaluation procedures and processes of state-run enterprises shall remain confidential and be released automatically after the performance evaluation grade has been approved by the Executive Yuan.
Article 13 These Regulations shall come into force on the date of promulgation. |
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