第5條 人民對於前條以外之中央或地方機關之行政處分提起訴願時,應按其管轄等級,比照前條之規定為之。
Article 5 One who files an administrative appeal against an administrative action made by a center or local government agency otherwise stipulated in last Article, the jurisdiction shall be referred to the agency′s level as described in last Article.
訴願管轄,法律另有規定依其業務監督定之者,從其規定。
The jurisdiction of an administrative appeal shall be decided according to an agency′s authority of supervision under other Acts stipulation.
第6條 對於二以上不同隸屬或不同層級之機關共為之行政處分,應向其共同之上級機關提起訴願。
Article 6 The jurisdiction of an administrative appeal against an administrative action made by more than one agencies with different supervision or level jointly shall be filed to their concurrent supervised agency.
第7條 無隸屬關係之機關辦理受託事件所為之行政處分,視為委託機關之行政處分,其訴願之管轄,比照第四條之規定,向原委託機關或其直接上級機關提起訴願。
Article 7 An administrative action made by an agency in delegated affairs from an authority without supervision relationship shall be regarded as an administrative action made by the agency which delegates the power.
The jurisdiction of an administrative appeal in such case shall be filed to the agency which delegates the power or its direct supervised agency as referred to Article 4.
第8條 有隸屬關係之下級機關依法辦理上級機關委任事件所為之行政處分,為受委任機關之行政處分,其訴願之管轄,比照第四條之規定,向受委任機關或其直接上級機關提起訴願。
Article 8 An administrative action made by an agency in assigned affairs from an authority with supervision relationship shall be regarded as an administrative action made by the agency which the power is assigned.
The jurisdiction of an administrative appeal in such case shall be filed to the agency which the power is assigned or its direct supervised agency as referred to Article 4.
第9條 直轄市政府、縣(市)政府或其所屬機關及鄉(鎮、市)公所依法辦理上級政府或其所屬機關委辦事件所為之行政處分,為受委辦機關之行政處分,其訴願之管轄,比照第四條之規定,向受委辦機關之直接上級機關提起訴願。
Article 9 An administrative action made by a municipal city hall under Executive Yuan, a county government (or province city hall) or their agency and a village (town or district) office in allocated affairs from a supervised government or its agency according to law shall be regarded as an administrative action made by the agency which the power is allocated.
The jurisdiction of an administrative appeal in such case shall be filed to the direct supervised agency of the agency which the power is allocated as referred to Article 4.
第10條 依法受中央或地方機關委託行使公權力之團體或個人,以其團體或個人名義所為之行政處分,其訴願之管轄,向原委託機關提起訴願。
Article 10 The jurisdiction of an administrative appeal against an administrative action made under the name of a legal entity or individual which is authorized to exercise power by a center or local government agency according to law shall be the agency which delegates the power.
第11條 原行政處分機關裁撤或改組,應以承受其業務之機關視為原行政處分機關,比照前七條之規定,向承受其業務之機關或其直接上級機關提起訴願。
Article 11 While the agency which the administrative action was made has been revoked or reformed, the agency which took over the authority shall be regarded as the agency which the administrative action was made.
The jurisdiction of an administrative appeal in such case shall be filed to the agency which took over the authority or its supervised agency as referred to last seven Articles.
第12條 數機關於管轄權有爭議或因管轄不明致不能辨明有管轄權之機關者,由其共同之直接上級機關確定之。
Article 12 While a conflict of jurisdiction among several agencies arose or there is ambiguity of jurisdiction which can not be identified the agency with jurisdiction, the jurisdiction shall be affirmed by the concurrent direct supervised agency.
無管轄權之機關就訴願所為決定,其上級機關應依職權或依申請撤銷之,並命移送於有管轄權之機關。
While an administrative appeal decision was made by an agency without jurisdiction, its supervised agency shall revoke the decision by its ex officio or according to one′s application and remand to the agency with jurisdiction with a command.
第13條 原行政處分機關之認定,以實施行政處分時之名義為準。
Article 13 To decide the agency which the administrative action was made shall depend on the name of the administration action at the time it was issued.
但上級機關本於法定職權所為之行政處分,交由下級機關執行者,以該上級機關為原行政處分機關。
However, the administrative action was made by the supervised agency by its ex officio and commands the inferior agency to enforce, the supervised agency shall be the agency which the administrative action was made.
第14條 訴願之提起,應自行政處分達到或公告期滿之次日起三十日內為之。
Article 14 An administrative appeal shall be filed within 30 days since one day after the date which administrative action is served or the expiration date of its publication period.
利害關係人提起訴願者,前項期間自知悉時起算。
While the administrative appeal is filed by the third party with interest at stake, the period stipulated in last Paragraph shall calculate since the date which she/he knows.
However, in such case it is not allowed to file an administrative appeal while it is over 3 years after the date which administrative action is served or the expiration date of its publication period.
但自行政處分達到或公告期滿後,已逾三年者,不得提起。
While the administrative appeal is filed by the third party with interest at stake, the period stipulated in last Paragraph shall calculate since the date which she/he knows.
However, in such case it is not allowed to file an administrative appeal while it is over 3 years after the date which administrative action is served or the expiration date of its publication period.
訴願之提起,以原行政處分機關或受理訴願機關收受訴願書之日期為準。
Whether an administrative appeal is filed shall depend on the date which the administrative appeal pleading is received or processed by the agency which the administrative action was made or the agency with jurisdiction of administrative appeal.
訴願人誤向原行政處分機關或受理訴願機關以外之機關提起訴願者,以該機關收受之日,視為提起訴願之日。
An administrative appellant files an administrative appeal to an agency other than the agency which the administrative action was made or the agency with jurisdiction of administrative appeal, the date which the agency received or processed the administrative appeal pleading at the first place shall be regarded as the administrative appeal was filed.
第15條 訴願人因天災或其他不應歸責於己之事由,至遲誤前條之訴願期間者,於其原因消滅後十日內,得以書面敘明理由向受理訴願機關申請回復原狀。
Article 15 An administrative appellant files an administrative appeal to the agency with jurisdiction of administrative appeal after the administrative appeal period stipulated in last Article was expired due to act of god or other caused not contributed to her/him may file an application to restore her/his original status via a written which prescribes the reasons why act after the date is due within 10 days after the reasons were demolished.
但遲誤訴願期間已逾一年者,不得為之。
However, it is not allowed to do so while the date of administrative appeal period expired is over 1 year.
申請回復原狀,應同時補行期間內應為之訴願行為。
One who file an application for restoring her/his original status shall take action which is required to do according to the administrative appeal process within the period at the same time.
第16條 訴願人不在受理訴願機關所在地住居者,計算法定期間,應扣除其在途期間。
Article 16 An administrative appellant reside outside the area where the agency with jurisdiction of administrative appeal to process located shall deduct the traveling period when calculating the period stipulated by this Act unless there is an administrative appeal representative reside in the area where the agency with jurisdiction of administrative appeal to process located and the action might have done during the period.
但有訴願代理人住居受理訴願機關所在地,得為期間內應為之訴願行為者,不在此限。
Article 16 An administrative appellant reside outside the area where the agency with jurisdiction of administrative appeal to process located shall deduct the traveling period when calculating the period stipulated by this Act unless there is an administrative appeal representative reside in the area where the agency with jurisdiction of administrative appeal to process located and the action might have done during the period.
前項扣除在途期間辦法,由行政院定之。
The rule which regulates the traveling period stipulated in last Paragraph shall be regulated by Executive Yuan.
第17條 期間之計算,除法律另有規定外,依民法之規定。
Article 17 The method to calculate the period shall be the same as stipulated in the Civil Act, provided that other Acts stipulated otherwise.