For the record, the provision in Article 25, Paragraph 3 of the Enforcement Rules of the Civil Service Act on Conflict of Interest Prevention, which states "When approving and agreeing to subsidies, the Supervisory Yuan shall be notified immediately," only refers to situations where "subsidies that are prohibited from being detrimental to public interest and have been approved and agreed to by the competent authority for subsidy laws and regulations."

Explanation:

1. In accordance with the Taoyuan City Government's letter No. 1080231530 on September 20, 108 (attached as

Attachment 1).

2. Since the Enforcement Rules of the Civil Service Act (hereinafter referred to as "the Act") were amended and took effect on August 1, 108,

various agencies have inquired whether subsidies applied for "based on legal status in accordance with regulations" and "subsidies processed through public and fair means in accordance with regulations for relatives of public officials" under Article 14, Paragraph 1, Proviso, Subparagraph 3 of the Act

require notification to the Supervisory Yuan upon approval, or even mistakenly notify the Supervisory Yuan when approving subsidies for relatives in the aforementioned two categories of subsidies.

3. Article 25, Paragraph 3 of the Enforcement Rules of the Act stipulates: "When the competent authority for subsidy laws and regulations approves and agrees to subsidies in accordance with Article 14, Paragraph 1, Proviso, Subparagraph 3 of this Act, the Supervisory Yuan shall be notified immediately."

The explanation for the article states: "...4. According to Article 14, Paragraph 1, Proviso, Subparagraph 3 of this Act, subsidies that are prohibited from being detrimental to public interest and have been approved and agreed to by the competent authority for subsidy laws and regulations are not subject to the prohibition of subsidies in the main text of Article 14, Paragraph 1. The Supervisory Yuan's platform for disclosure is intended to serve the competent authorities for subsidy laws and regulations when they approve and agree to subsidies in accordance with Article 14, Paragraph 1, Proviso, Subparagraph 3, allowing them to disclose on the Supervisory Yuan's platform. Therefore, Paragraph 3 has been added to require the competent authority for subsidy laws and regulations to notify the Supervisory Yuan immediately upon approving and agreeing to subsidies."

The original intent was to address specific subsidy situations that are neither "applied for based on legal status in accordance with regulations" nor "processed through public and fair means in accordance with regulations." In such cases, after the competent authority for subsidy laws and regulations considers that prohibiting the subsidy would be detrimental to public interest and approves the subsidy, it should notify the Supervisory Yuan of the approval for public announcement. This provision does not require all subsidy laws and regulations authorities or implementing agencies to notify the Supervisory Yuan for all subsidy approvals.

4. Therefore, to avoid wasting administrative resources, the requirement to notify the Supervisory Yuan stipulated in Article 25, Paragraph 3 of the Enforcement Rules of the Act is limited to "subsidies that are prohibited from being detrimental to public interest and have been approved and agreed to by the competent authority for subsidy laws and regulations." For other subsidies, there is no need to notify the Supervisory Yuan.

本法第14條第1項但書第3款規定核定同意補助時，應即副

知監察院。」該條訂定說明略以：「……四、依本法第14

條第1項但書第3款規定，禁止其補助反不利於公共利益且

經補助法令主管機關核定同意之補助，即不受本法第14條

第1項本文補助禁止之規範。監察院規劃建置該院揭露平

臺，係在服務補助法令主管機關依本法第14條第1項但書第

3款規定核定同意補助時，得以公開於監察院揭露平臺，爰

增訂第3項補助法令主管機關核定同意補助時應即副知該

院。」究其原意，係指特定補助情況特殊，既非「基於法

定身分依法令規定申請」，亦無從「依法令規定以公平公

開方式辦理」，則補助法令主管機關審酌禁止其補助反不

利於公共利益，於核定同意補助後，應將該核定同意情事

副知監察院，以利公告周知。該項規定並無要求各補助法

令主管或執行機關於所有補助核定時，須一律副知監察院

之意。

四、爰此，為避免耗費行政資源，本法施行細則第25條第3項規

定之應副知監察院者，僅止於「禁止其補助反不利於公共

利益且經補助法令主管機關核定同意之補助」之情形，至

其餘補助，則毋須副知監察院。