August 2017
Amendments to the Administrative Procedure Law(Taiwan)
Emily Chueh
The President promulgated the amendments to Articles 127 and 175 of the Administrative Procedure Law via the President-Hua-Zong-One-Yi-10400151551 Directive of December 30, 2015, and the amendments came into effect on the day of their promulgation.
The amendments modify the provisions of Paragraphs 3 and 4 of Article 127 to stipulate that in case of an administrative disposition that confers benefits, if the contents of the disposition involve the provision of one-time or continuous monetary or divisible payment and if such provision becomes void retroactively due to revocation, cancellation or establishment of certain conditions to the extent that the beneficiary is required to return the payment made under such disposition, the administrative agency shall confirm the scope of the return via a written administrative disposition when requesting the return and shall request the beneficiary to return such benefits within a specified period. In addition, this matter shall not be referred for administrative enforcement before such administrative disposition becomes final.
The President promulgated the amendments to Articles 127 and 175 of the Administrative Procedure Law via the President-Hua-Zong-One-Yi-10400151551 Directive of December 30, 2015, and the amendments came into effect on the day of their promulgation.
The amendments modify the provisions of Paragraphs 3 and 4 of Article 127 to stipulate that in case of an administrative disposition that confers benefits, if the contents of the disposition involve the provision of one-time or continuous monetary or divisible payment and if such provision becomes void retroactively due to revocation, cancellation or establishment of certain conditions to the extent that the beneficiary is required to return the payment made under such disposition, the administrative agency shall confirm the scope of the return via a written administrative disposition when requesting the return and shall request the beneficiary to return such benefits within a specified period. In addition, this matter shall not be referred for administrative enforcement before such administrative disposition becomes final.
