第2條 本法所稱行政程序，係指行政機關作成行政處分、締結行政契約、訂定法規命令與行政規則、確定行政計畫、實施行政指導及處理陳情等行為之程序。
Article 2 The term "administrative procedure" used in this Act means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions.
本法所稱行政機關，係指代表國家、地方自治團體或其他行政主體表示意思，從事公共事務，具有單獨法定地位之組織。
The term "administrative authority" used in this Act means an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs.
受託行使公權力之個人或團體，於委託範圍內，視為行政機關。
An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission.
第3條 行政機關為行政行為時，除法律另有規定外，應依本法規定為之。
Article 3 Unless otherwise prescribed by law, all administrative authorities shall follow the procedure herein provided in performing administrative acts.
下列機關之行政行為，不適用本法之程序規定︰
The procedure provided in this Act is not applicable to administrative acts carried on by any of the following organizations:
下列事項，不適用本法之程序規定︰
The procedure herein prescribed is not applicable to the following matters:
一有關外交行為、軍事行為或國家安全保障事項之行為。
1.
Acts in relation to matters concerning diplomacy, military and safeguard of the national security;
二外國人出、入境、難民認定及國籍變更之行為。
2.
Acts in relation to the exit and entry permits for foreign nationals, recognition of refugees and naturalization;
四犯罪矯正機關或其他收容處所為達成收容目的所為之行為。
4.
Actions taken by correctional institutions and other custodial houses for achieving the purposes of custody;
六學校或其他教育機構為達成教育目的之內部程序。
6.
Internal procedures established by schools and other educational institutions for educational purposes;
八考試院有關考選命題及評分之行為。
8.
Actions taken by the Examination Yuan in relation to subjects of test and grading of test results for the purpose of examinations.
第4條 行政行為應受法律及一般法律原則之拘束。
Article 4 All administrative acts shall be governed by law and the general principles of law.
第5條 行政行為之內容應明確。
Article 5 The substance of administrative acts shall be clear and definite.
第7條 行政行為，應依下列原則為之︰
Article 7 Administrative acts shall be performed in pursuance of the following principles:
一採取之方法應有助於目的之達成。
1.
The method adopted must be helpful to the achievement of the objectives thereof;
二有多種同樣能達成目的之方法時，應選擇對人民權益損害最少者。
2.
Where there are several alternative methods which will lead to the same result in achievement of the objectives, the one with the least harm to the rights and interest of the people shall be adopted; and
三採取之方法所造成之損害不得與欲達成目的之利益顯失均衡。
3.
The harm that may be caused by the method to be adopted shall not be clearly out of balance against the interest of the objectives anticipated to be achieved.
第8條 行政行為，應以誠實信用之方法為之，並應保護人民正當合理之信賴。
Article 8 All administrative acts shall be performed in good faith and shall be aimed at the protection of the legitimate and reasonable reliance of the people.
第9條 行政機關就該管行政程序，應於當事人有利及不利之情形，一律注意。
Article 9 An administrative authority shall take into consideration all circumstances advantageous and disadvantageous to the parties to the administrative procedure in its charge.
第10條 行政機關行使裁量權，不得逾越法定之裁量範圍，並應符合法規授權之目的。
Article 10 In exercising administrative discretion, an administrative authority shall not transgress the scope of its power of discretion set forth by law and shall comply with the purposes of the authority conferred by law or regulations.
第11條 行政機關之管轄權，依其組織法規或其他行政法規定之。
Article 11 The jurisdiction of an administrative authority shall be determined according to the organic law or regulation thereof or other administrative law and/or regulations, as applicable.
行政機關之組織法規變更管轄權之規定，而相關行政法規所定管轄機關尚未一併修正時，原管轄機關得會同組織法規變更後之管轄機關公告或逕由其共同上級機關公告變更管轄之事項。
Where the jurisdiction of an administrative authority has undergone change as a result of amendment to its organic law or regulation, but no corresponding amendment has been made to the relevant administrative law or regulation to specify the competent authority, the fact of such change of jurisdiction may be publicly announced either by the authority having jurisdiction previously in conjunction with the authority conferred with jurisdiction in consequence of the amendment to such organic law or regulation or by the common superior authority of both authorities.
行政機關經裁併者，前項公告得僅由組織法規變更後之管轄機關為之。
Where an administrative authority has been dissolved or merged with another authority, the public announcement required by the preceding paragraph may be made solely by the authority conferred with jurisdiction as a result of amendment to such organic law or regulation.
前二項公告事項，自公告之日起算至第三日起發生移轉管轄權之效力。
The public announcement made under the two preceding paragraphs shall become effective for the purpose of transfer of jurisdiction as of the third day from the date of announcement, unless otherwise specified in such announcement, in which case the transfer of jurisdiction shall become effective as of the effective date therein specified.