第2條 人民團體之組織與活動,不得主張共產主義,或主張分裂國土。
Article 2 (Limitation of organization and activities) Organization and activities of civil associations may not advocate communist or claim abruption of the country.
第3條 本法所稱主管機關:在中央及省為內政部;在直轄市為直轄市政府;在縣(市)為縣(市)政府。
Article 3 (Regulating authority) Regulating authority as called in this Act, at the central and provincial level, refers to the Ministry of the Interior; at the municipal level, refers to the municipal governments; and at the county (city) level, refers to the county (city) governments.
However, the target businesses of civil associations shall be directed and supervised by the regulating authorities of specific businesses.
但其目的事業應受各該事業主管機關之指導、監督。
Article 3 (Regulating authority) Regulating authority as called in this Act, at the central and provincial level, refers to the Ministry of the Interior; at the municipal level, refers to the municipal governments; and at the county (city) level, refers to the county (city) governments.
However, the target businesses of civil associations shall be directed and supervised by the regulating authorities of specific businesses.
第4條 (人民團體之種類)人民團體分為左列三種:
Article 4 (Category) Civil associations are divided into the following three categories:
第5條 (區域及設立)人民團體以行政區域為其組織區域,並得分級組織。
Article 5 (Organizational area and subordinate organization) The organizational area of a civil association shall refer to the corresponding administrative region, and subordinate organizations may be established.
前項分級組織之設立,應依本法規定向當地主管機關辦理。
Establishment of a subordinate organization as referred to in the above paragraph shall be registered at the local regulating authority in accordance with the provisions of this Act.
第6條 (會址)人民團體會址設於主管機關所在地區。
Article 6 (Site and branch) The site of a civil association shall be located where the regulating authority is located.
However, with the approval of the regulating authority, it may be located in another place, and branches may be established.
但報經主管機關核准者,得設於其他地區,並得設分支機構。
Article 6 (Site and branch) The site of a civil association shall be located where the regulating authority is located.
However, with the approval of the regulating authority, it may be located in another place, and branches may be established.
第7條 (同區域內多數同級同類組織之設置)人民團體在同一組織區域內,除法律另有限制外,得組織二個以上同級同類之團體,但其名稱不得相同。
Article 7 (Two or more associations in a same area) Two or more civil associations of the same level and the same category may be organized in a same organization area unless otherwise limited by law.
But their names shall be different from other.
第8條 (人民團體組織之申請許可)人民團體之組織,應由發起人檢具申請書、章程草案及發起人名冊,向主管機關申請許可。
Article 8 (Procedure of application for establishment and Qualification of initiators) To organize a civil association, the initiators shall submit an application form, a draft of the association's constitution, and a list of the initiators to the regulating authority to apply for approval.
前項發起人須滿二十歲,並應有三十人以上,且無左列情事為限:
There must be not less than thirty (30) initiators, and a person who is over twenty (20) years old and other than prescribed below may be an initiator as referred to in the above paragraph:
一因犯罪經判處有期徒刑以上之刑確定,尚未執行或執行未畢者。
1.
He is condemned to fixed-term imprisonment, and the imprisonment has not been executed or finished yet.
However, this doesn't include probation.
但受緩刑宣告者,不在此限。
1.
He is condemned to fixed-term imprisonment, and the imprisonment has not been executed or finished yet.
However, this doesn't include probation.
三受破產之宣告,尚未復權者。
3.
He is announced to be bankrupted, and the rights have not been recovered.
四受禁治產之宣告,尚未撤銷者。
4.
He is prohibited from operating properties, and the prohibition has not been abolished yet.
第一項申請書格式由中央主管機關定之。
The format of the application form referred to in the first paragraph shall be prescribed by the central regulating authority.
第9條 (發起人會議)人民團體經許可設立後,應召開發起人會議,推選籌備委員,組織籌備會,籌備完成後,召開成立大會。
Article 9 (Preparation Committee and Establishment Conference) After the application for establishment of a civil association is approved, an initiators meeting shall be called to elect preparation committeemen to organize a Preparation Committee, and an establishment conference shall be held after the preparation is finished.
籌備會會議及成立大會,均應通知主管機關,主管機關得派員列席。
To call a meeting of the Preparation Committee and the establishment conference, a notice shall be given to the regulating authority, and the regulating authority may send personnel to attend the meetings as nonvoting delegates.
第10條 (報請主管機關核准)人民團體應於成立大會後三十日內檢具章程、會員名冊、選任職員簡歷冊,報請主管機關核准立案,並發給立案證書及圖記。
Article 10 (Report for approval and accreditation) A civil association shall, within thirty (30) days after the establishment conference is held, report the constitution, a list of the members, and curriculum vitae of the personnel employed to the regulating authority for approval and accreditation, and the regulating authority shall grant an accreditation certificate and an official seal.
第11條 (登記及備查)人民團體經主管機關核准立案後,得依法向該管地方法院辦理法人登記,並於完成法人登記後三十日內,將登記證書影本送主管機關查備。
Article 11 (Registration as legal person) After being approved and registered by the regulating authority, a civil association may register itself as a legal person at the governing local court, and shall submit a photocopy of the registration certificate to the regulating authority for reference within thirty (30) days after the registration is finished.
第12條 (章程應記載事項)人民團體章程應載明左列事項:
Article 12 (Contents of Constitution) The constitution of a civil association shall include the following contents:
七會員入會、出會與除名。
7.
Affiliation, disaffiliation, and dismissal of the members.
八會員之權利與義務。
8.
Rights and obligations of the members.
第35條 (職業團體之目的)職業團體係以協調同業關係,增進共同利益,促進社會經濟建設為目的,由同一行業之單位,團體或同一職業之從業人員組成之團體。
Article 35 (Definition) An occupational association refers to an association organized by the institutions and associations in a same trade or the jobholders of a same occupation with a view to associate the relationship between the colleagues, enhance the common benefits, and promote the social economic construction.