Laws and Regulation Database of The Republic of China (Taiwan)

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Article 1Article 2Article 3Article ContentTitle： Organization Act of the Ministry of Digital Affairs CHAnnounced Date： 2022-01-19Category： Executive Yuan（⾏政院）The Executive Yuan shall establish the Ministry of DigitalAffairs (hereinafter referred to as “the Ministry”) for mattersrelated to facilitating the nation’s digital development oftelecommunication, information, cyber security, Internet, andcommunication industries, coordinating the overall planning ofdigital governance and digital infrastructure, and assisting thedigital transformation of public and private sectors.The Ministry shall be in charge of the following matters: 1. planning, coordinating, promoting, and deliberating nationaldigital development policies, as well as drafting andimplementing laws and regulations; 2. overall planning, promoting, and managing communications anddigital resources; 3. establishing the environment and cultivating talents for thedevelopment of digital technology’s application and innovation; 4. formulating, guiding, and supervising digital economy relatedindustrial policies, regulations, major plans, resourceallocation, and other related matters; 5. formulating, guiding, and supervising national cyber securitypolicies, regulations, major plans, resource allocation, andother related matters; 6. planning, coordinating, and promoting strategic policies andallocating resources for government digital services, datagovernance, and open data 7. overall planning, promoting, and managing digitalinfrastructure, and formulating relevant engineering technicalspecifications as well as system and equipment complianceapproval regulations; 8. matters related to international exchange and cooperation ofdigital development;9. planning, promoting, and managing occupational competencystandards for government information and cyber security talents;and 10. other matters pertaining to digital development.The Ministry shall have one politically appointed Minister, twoPolitical Deputy Ministers who shall be political appointees ofPrint Time：2022/08/01 10:49Article 4Article 5Article 6Article 7Article 8Article 9equivalent ranking to Senior Grade 14, and one AdministrativeDeputy Minister who shall be a civil servant ranked Senior Grade14.The Ministry shall have one Secretary-General who shall be acivil servant ranked Senior Grade 12.The Ministry’s subordinate agencies and their functions shall beas follows: 1. Administration for Digital Industries: Planning andimplementing policies related to facilitating the development ofdigital economy related industries and the application ofdigital technology. 2. Administration for Cyber Security: Planning national cybersecurity policies, reviewing, supervising, and accessingnational cyber security programs, implementing national cybersecurity protection, exercises as well as audits, and protectingcommunications infrastructure.When necessary, an individual possessing the equivalent ofassociate professor or professor qualifications at a school atthe level of junior college or higher may be hired to serve asthe head of the Ministry's first-level implementation units; theretirement benefits and bereavement compensation of suchindividuals shall be under the same conditions as thoseprescribed in laws and regulations concerning teachers, subjectto the approval of the Ministry.To respond to the rapid development of digital technologyworldwide and enhance the competitiveness of Taiwan's digitaldevelopment, the Ministry may, pursuant to the Contract-basedWorker Employment Act, hire professional personnel specializedin related fields such as digital technology and its applicationand management; the number of such hired personnel shall notexceed 100 persons.The official ranks, grades, and headcounts of personnel at theMinistry shall be regulated by a separate PersonnelEstablishment Table.Prior to coming into force of this Act, in the case that theexisting working personnel at the National CommunicationsCommission, the Department of Posts and Telecommunications,Ministry of Transportation and Communications, and othergovernment agencies have been transferred and assigned to theMinistry and its subordinate agencies along with theirfunctions, their government service ranks, grades, years ofservice, remunerations, retirement, severance package,bereavement compensation, and other benefits and workingconditions shall be guaranteed. For an employee specified in the preceding paragraph 1 whooriginally has been reassigned pursuant to Paragraph 1, Article8 of the Transportation Enterprise Personnel’s Appointment Act,the stipulations applicable to the original reassignment shallstill apply. However, the provisions in paragraph 2, Article 8of the Transportation Enterprise Personnel Appointment Act shallapply to an employee who has been reassigned to a post in a non-transportation administrative agency. For the personnel specified in paragraph 1 whose new positionremunerations are less than that of their previous positions,their basic (seniority) pay shall be dispensed at the approvedpay grade pursuant to Article 11 of the Civil Service Pay Act.In addition, if their technical or professional differential payof the new position becomes less than that of the originalposition, they may choose to make up the difference and suchdifference shall be offset at the time pay adjustment is made. Asupervisor who has been adjusted to be a non-supervisoryposition shall no longer receive the supervisory and managerialduty differential pay. If the personnel specified in paragraph 1 were the originalemployees retained following the restructuring of theDirectorate General of Telecommunications on July 1, 1996, orthose deemed retained personnel who were the employees ofChunghwa Telecom Company Limited and detailed to the DirectorateGeneral of Telecommunications between July 1, 1996 and June 30,1998, who also have chosen to make up the difference in pay atthe time of the restructuring but have not yet offset thedifference, they may still be eligible for making up the paydifference in the same manner. Prior to coming into force of this Act, the years of servicefrom July 1, 1995 to June 30, 1996 of the retained personnelafter the restructuring of the Directorate General ofTelecommunications on July 1, 1996 shall still be permitted tobe deemed as the years of service before the revision of theCivil Service Retirement Act coming into force on July 1, 1995,if the retained personnel have not yet paid the principal andinterest of their make-up contributions to the Public ServicePension Fund. For the personnel specified in paragraph 4 who have worker’syears of service as hired officers, clerks (or trainee clerks),or temporary works pursuant to personnel management relatedregulations approved by the Ministry of Transportation andCommunications prior to the restructuring of the DirectorateGeneral of Communications, the compensation method shall beregulated by the Executive Yuan.Article 10 The implementation date of this Act shall be decreed by theExecutive Yuan.Web site：Laws & Regulations Database of The Republic of China (Taiwan)

Organization Act of the Ministry of Digital Affairs (2022)

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Organization Act of the Ministry of Digital Affairs (2022)

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