| Legislative： |
1.The full text of 33 articles promulgated by the Presidential Order Yi Yi Zi No. 10300009921 on January 22, 2014; the date of implementation to be determined by the Executive Yuan.
Executive Yuan Yuan Shou Ren Zong Zi Order No. 1030047632 on September 30, 2014 stipulated that the law would come into effect on January 1, 2015.
2.The Presidential Order Yi Yi Zi No. 11400008981 on January 24, 2025, amended and promulgated the full text of 34 articles; the date of implementation to be determined by the Executive Yuan. |
| Content： |
Article 1
This Act is formulated to establish the National Sports Training Center (hereinafter “NSTC”) to promote national sports training and related matters, develop outstanding athletes for international integrated sports events, international single sport competitions,
and sports for people with disabilities, and to improve the nation’s international sports competitiveness.
Article 2
The NSTC is a non-departmental public body, and its supervisory agency is the Ministry of Sports (MOS).
Article 3
The scope of operations of the NSTC is as follows:
1.Selection, training, and counseling of outstanding national athletes.
2.Cultivation and further education of outstanding national-grade coaches.
3.Provision of medical care and psychological counselling to support training.
4.Operation and management of NSTC venues.
5.Care, protection of rights, academic support, and career guidance for outstanding national athletes.
6.International exchanges relating to competitive sport.
7.Cooperation and exchange with domestic and foreign sports training institutions.
8.Preservation of sports culture and related artifacts.
9.Communication with and protection of the rights of training athletes.
10.Other matters related to the advancement of competitive sports.
Article 4
Funding of the NSTC comes from the following sources:
1.Government appropriations and donations (subsidies).
2.Donations from domestic and foreign public and private organizations, groups, and individuals.
3.Operating revenue.
4.Other revenue.
All donations referred to in Subparagraph 2 of the previous paragraph shall be regarded as donations made to the government.
Article 5
The NSTC shall establish articles of association, personnel management, accounting system, internal controls, auditing operations, and other rules. These shall be submitted for approval by the board of directors and then reported to the supervisory agency for
reference.
The NSTC may formulate rules pertaining to its undertaking of public affairs, as long as such rules are not in conflict with any existing laws, regulations, or ordinances, and after the rules have been approved by the board of directors, shall submit them to
the supervisory agency for reference.
Article 6
The NSTC shall set up a board of directors and appoint between 11 and 15 members; the persons listed below shall be selected by the supervisory agency and the selections submitted to the Premier for appointment; the dismissal of board members shall be done
in the same way.
1.Representatives of related government agencies.
2.Scholars and experts in fields related to sports.
3.Private enterprise operation experts and management experts.
4.People who have made a significant contribution to the development of sport in Taiwan.
The board members in the category described in Subparagraph 1 of the previous paragraph shall not exceed one-third of the total number of board members; the board members in the category described in Subparagraph 2 shall constitute no less than one-half of
the total number of board members.
Of the directors referred to in Paragraph 1, at least one shall be an indigenous person, and any gender shall not constitute less than one third of the total number of directors.
Article 7
The NSTC shall have three supervisors, who shall mutually nominate one of the three to act as the executive supervisor.
The supervisory agency shall select supervisors who have relevant expertise and experience in the fields of sports, law, accounting, or related area; then submit their names to the Premier for appointment; their dismissal shall be done in the same way.
Any gender may not constitute less than one third of the supervisors referred to in Paragraph 1.
Article 8
The term of office for the board of directors and supervisors is four years, at the end of which they may be reappointed once. The number of members being reappointed may not be more than two-thirds of the total number but may not be less than one-third of
the total number.
Any board member representing a government agency shall be replaced by another representative if the original person’s official capacity at the agency changes; if the position of a board member or supervisor who has been reappointed in accordance with Subparagraphs
2 to 4, Paragraph 1, Article 6, and Paragraph 2 of the preceding article becomes vacant before they complete their second term, the supervisory agency shall select a temporary replacement and submit their name to the Premier for appointment. The replacement's
term of office shall be equal to the remaining term of the vacated position.
Article 9
A person to whom any of the circumstances listed below applies may not be appointed as a board member or supervisor:
1.Declaration of custodianship or assistance status that has not been revoked.
2.Being convicted of a criminal offence and sentenced to imprisonment with no suspension.
3.Having been declared bankrupt or subject to court liquidation proceedings according to The Consumer Debt Clearance Statute and not yet had full rights restored.
4.Deprivation of civil rights that have not yet been restored.
Any board member or supervisor to whom any of the situations listed in the previous paragraph applies or who has not attended three board meetings in succession without a valid reason for their absence shall be dismissed.
Any board member or supervisor to whom any of the circumstances listed below applies may be dismissed:
1.Evidence of disorderly behavior or unacceptable improper conduct that damages the image of the NSTC.
2.Instances of inability to carry out their responsibilities or neglect of duties; or acting in serious breach of contract.
3.Failure to meet the standards set by the supervisory agency in the NSTC annual performance review for two consecutive years.
4.Evidence of violating the Public Servants’ Administrative Neutrality Act.
5.Evidence of being influenced by lobbying or requests with regards to matters under their responsibility, or using their position to accept hospitality, gifts, and largess, damaging the public interest or the interests of the NSTC.
6.Evidence of using NSTC property beyond the scope of their official duties.
7.Evidence of violating the principle of avoiding conflicts of interest stipulated by this Act or violating Paragraph 1 of Article 15.
8.Other improper conduct unbefitting of someone in the post of a board member or supervisor.
The supervisory agency shall provide the person involved in any of the circumstances listed in the previous paragraph with an opportunity to make a statement and to argue their case prior to dismissal.
The regulations governing the selection, dismissal, and reappointment of the NSTC board members and supervisors, and other related matters, shall be determined by the supervisory agency.
Article 10
The NSTC board of directors shall have one chairperson, selected from among the board members by the supervisory agency, and appointed by the Premier; the same procedure applies to dismissal.
The selection, dismissal, reappointment, and other related matters concerning the chairperson shall be conducted in accordance with the regulations formulated by the supervisory agency.
The chairperson is responsible for overseeing all the NSTC’s internal affairs and is the NSTC’s external representative. If for some reason the chairperson becomes unable to perform their duties, a board member delegated by the chairperson shall assume their
responsibilities; if the chairperson is unable to delegate a board member, the board members shall appoint one of their number to act as chairperson.
A chairperson may not be older than 65 years of age when they first take office, and if a chairperson turns 70 before the end of their term of office, someone else shall immediately replace them as chairperson. This restriction may be waived if there are special
circumstances to consider and approval is given by the Executive Yuan.
Article 11
The board of directors has the following responsibilities:
1.Deliberate on development objectives and plans.
2.Deliberate on the annual operating plan.
3.Deliberate on the annual budget and the final accounts report.
4.Deliberate on NSTC rules.
5.Deliberate on matters involving real estate owned by the NSTC or encumbrances created.
6.Deliberate on matters that this Act stipulates shall be decided by the board of directors.
7.Appointment and dismissal of the chief executive officer of NSTC.
8.Fundraising.
9.Deliberate on other major matters.
Article 12
The board of directors shall meet once every three months; when necessary, an extraordinary meeting may be convened by the chairperson who will chair the meeting.
Board of directors meetings shall be attended by at least half of the board members, and resolutions shall be approved by at least half of the board members who are present at the meeting. The resolutions referred to in Subparagraphs 1 to 7 of the preceding
article shall be approved by more than half of all board members.
Article 13
Supervisors have the following responsibilities:
1.Supervise business affairs and financial circumstances.
2.Audit all financial records, documents, and asset information.
3.Thoroughly examine the final accounts report.
4.Thoroughly examine and audit other important matters.
A supervisor may carry out responsibilities independently; the executive supervisor shall attend board of directors meetings as a non-voting member representing all supervisors.
Article 14
There may not be any current or former marriage relationship nor any relation within the third-degree, by blood or marriage, between any board members and supervisors.
Article 15
The interests of the directors, supervisors, chief executive officer, and their related parties shall be handled in accordance with the provisions of the Act on Recusal of Public Servants Due to Conflicts of Interest.
If a violation of the provisions of the previous paragraph causes the NSTC to incur any loss or damage, the person or persons who violated the provisions shall be held liable for compensation for damages.
If the individuals mentioned in the first paragraph violate the provisions of the Act on Recusal of Public Servants Due to Conflicts of Interest, in addition to being penalized according to the regulations of that law, the supervisory agency may take appropriate
actions. The rules for such actions shall be determined by the supervisory agency.
Article 16
The board members, and the executive supervisor who attends as a non-voting member, shall personally attend all board meetings and may not appoint another person to attend as their proxy.
Article 17
The chairperson, board members, and supervisors of the NSTC are all unpaid positions.
Article 18
The NSTC shall have a full-time chief executive officer (CEO) who shall be appointed by the chairperson after a meeting of the board of directors endorses the selected candidate; dismissal shall be done in the same way. The CEO shall perform their NSTC duties
and supervise their staff in accordance with NSTC rules, and resolutions of the board of directors, and as authorized by the chairperson.
The provisions of Paragraphs 1 to 4, Article 9; Paragraph 4, Article 10; Article 14 and Subparagraph 6 of Article 22 pertaining to the board of directors and the chairperson shall be applied, mutatis mutandis, to the CEO.
Article 19
The personnel employed by the NSTC shall be managed in accordance with the NSTC's personnel management regulations and shall not hold civil servant status. The rights and obligations of such personnel shall be clearly defined in their contracts.
The spouses and blood/affinity relatives within the third degree of kinship of the directors, supervisors, and CEO shall not hold positions related to general affairs, accounting, or human resources at the NSTC.
The chairperson and the CEO are prohibited from employing their spouses and blood/affinity relatives within the third degree of kinship to serve in any position at the NSTC.
Article 20
NSTC, in response to business needs, may request approval from the supervisory agency to assign professional personnel to be stationed overseas based on the nature of the tasks.
Article 21
The NSTC shall formulate development goals and plans, which, after being approved by the board of directors, shall be submitted to the supervisory agency for approval.
The NSTC shall prepare an annual operation plan and budget, which, after being approved by the board of directors, shall be submitted to the supervisory agency for record.
Article 22
The supervisory jurisdiction of the supervisory agency over the NSTC comprises the following:
1.Checking and ratification of development objectives and plans.
2.Checking and ratification or filing for future reference of the NSTC’s rules, the annual business plan and budget, the results of its annual operations, and its final accounts report.
3.Examination of property and financial situation.
4.Evaluation of the operation performance.
5.Appointment and dismissal of board members and supervisors and making recommendations.
6.When any board member or supervisor violates any law or regulation while undertaking NSTC business, the supervisory agency may take necessary disciplinary action.
7.Revocation, modification, cancellation, demand for improvements within a prescribed time, suspension or termination of operations, or other disciplinary action, at any time that the NSTC acts in violation of the Constitution, or any law, regulations, or ordinances.
8.Approval of matters involving disposal of real estate owned by the NSTC or creation of encumbrance.
9.Approval of NSTC stationing professional personnel overseas.
10.Any other supervisory action required by and in accordance with law.
Article 23
The supervisory agency shall invite representatives of related organizations, academics and experts, and impartial citizens to form a group to conduct a performance review of the NSTC; the academics and experts and impartial citizens may not constitute less
than one-half of the total number of members.
Neither gender in the evaluation group referred to in the previous paragraph must not represent less than one-third of the total membership.
The qualifications, selection procedures, methods, processes, and other relevant matters regarding the evaluation group referred to in Paragraph 1 performance evaluation shall be determined by the supervisory agency.
The content of the performance evaluation is as follows:
1.Assessment of the results of the NSTC’s annual operations.
2.Evaluation of the NSTC’s operating performance and its target achievement rate.
3.The ratio of the NSTC’s annual funding achieved by its own fundraising.
4.NSTC proposals for budget appropriations.
5.Other related matters.
Article 24
The accounting year of the NSTC shall be the same as that of the central government.
The NSTC’s accounting system shall be formulated in accordance with the pertinent laws and regulations governing the setting up of accounting systems in non-departmental public bodies.
The financial reports of the NSTC shall be checked and certified by an accountant commissioned to do so.
Article 25
Within three months after the end of each accounting year, the NSTC shall commission a CPA to check and certify the results of its annual operations and its final accounts report, then submit these to the board of directors for deliberation; after all three
supervisors approve the reports, they shall be submitted to the supervisory agency for future reference, and copies sent to the auditing agency.
The auditing agency may audit the final accounts report referred to in the previous paragraph; the results of the audit may be sent to the supervisory agency or to another related agency to undertake any necessary further action.
Article 26
Within the scope of the original budget, the funding appropriated by the government in the year in which the NSTC is established may be adjusted by the supervisory agency, without being subject to the provisions of Articles 62 and 63 of the Budget Act.
Article 27
For public properties necessary for the NSTC’s operations, the NSTC may purchase, receive as a donation, lease, or be provided with such properties free of charge by government agencies. In the case of donations, the provisions of Article 25 of the Land Act,
Article 28, Article 60 of the National Property Act, and relevant regulations of local government public property management shall not apply.
The price for purchasing public land mentioned in the previous paragraph shall be based on the current publicly announced land value. The price of buildings and improvements on the land shall be based on the assessed value for the current year provided by the
tax authority. If the assessed value for the current year is not available, the value estimated by the public property management authority shall be used.
Property purchased by the NSTC for a designated use with approved funding appropriated by a government agency is classified as public property.
Property other than the public property provided for use at no cost referred to in Paragraph 1 and the public property referred to in the previous paragraph acquired by the NSTC is classified as private property.
The NSTC shall be registered as the manager of the property provided at no cost referred to in Paragraph 1 and of the public property referred to in Paragraph 3. All profit generated shall be classified as revenue of the NSTC and is not subject to the provisions
of Paragraph 1, Article 7 of the National Property Act; the regulations governing matters associated with management, use, and any associated profit of this property shall be determined by the supervisory agency.
When the use of public property is terminated, the property shall be handed over the public property management agency at each level of government.
Public property accepted as donations by the NSTC shall be returned to the agency that donated it when use is no longer required; they may not be dealt with in any arbitrary way.
Article 28
All approved funding appropriated to the NSTC by any government agency shall be handled in accordance with the legally stipulated budget procedures, and be audited and inspected.
In any year that the approved funding appropriated by a government agency exceeds 50% of the NSTC’s forecast annual revenue sources, the supervisory agency shall submit the annual budget to the Legislative Yuan for deliberation.
The NSTC's independent financial sources and related management matters are governed by the NSTC's revenue and expenditure management regulations, which shall be submitted to the supervising agency for reference.
Article 29
All debts incurred by the NSTC shall be limited to those self-liquidating in nature and must be approved by the supervising agency in advance. If the budget execution results in a potential inability to repay the debts, improvement measures should be reviewed
and proposed, and submitted to the supervising agency for approval.
Article 30
The procurement operations of the NSTC shall be based on the principles of transparency and fairness. Where they comply with treaties or agreements concluded by the Republic of China, or with the circumstances specified in Article 4, Paragraph 1 of the Government
Procurement Act, procurement shall be conducted according to the relevant provisions and shall not be subject to the provisions of the Government Procurement Act. The implementation regulations for procurement operations shall be submitted to the supervising
agency for approval.
Procurements that must be handled according to the provisions of Article 4, Paragraph 1 of the Government Procurement Act shall follow the provisions of other laws if separate regulations are provided.
Article 31
Any information about the NSTC shall be made public in accordance with the pertinent regulations of the Freedom of Government Information Law; its annual financial reports, details of its business activities that year, and its annual performance review reports
shall proactively be made public.
An analysis report of the annual performance review reports referred to in the previous paragraph shall be submitted by the supervisory agency to the Legislative Yuan for future reference. When necessary, the Legislative Yuan may require the head of the supervisory
agency, together with the NSTC chairperson, and its chief executive officer or a manager associated with the matter being examined, to personally go to the Legislative Yuan to provide a report of the state of the NSTC’s operations circumstances and other details
requested.
Article 32
Those who are dissatisfied with the administrative disposition of the NSTC may file an administrative appeal with the supervisory agency in accordance with the provisions of the Administrative Appeal Act.
Article 33
If changes in circumstances or poor performance make it impossible for the NSTC to achieve the objectives it was set up for, it shall be dissolved by the supervisory agency after it submits a report to the Executive Yuan and approval is given.
If the NSTC is dissolved, the contracts of all personnel shall be terminated; its remaining assets shall be taken over by the government; and any outstanding debts shall become the responsibility of the supervisory agency.
Article 34
The date of effect of this Act shall be set by the Executive Yuan.
|