The Executive Yuan (Chinese: 行政院; pinyin: Xíngzhèng Yuàn) is the executive branch of the government of the Republic of China (Taiwan). Under the amended constitution, the head of the Executive Yuan is the Premier who is positioned as the head of government and has the power to appoint members to serve in the cabinet, while the ROC President is the head of state under the semi-presidential system, who can appoint the Premier and nominate the members of the cabinet.[3] The Premier may be removed by a vote of no-confidence by a majority of the Legislative Yuan, after which the President may either remove the Premier or dissolve the Legislative Yuan and initiate a new election for legislators.[3]
Organization and structure
Executive Yuan
The Executive Yuan is headed by the Premier (or President of the Executive Yuan) and includes its Vice Premier, twelve cabinet ministers, various chairpersons of commissions, and five to nine ministers without portfolio. The Vice Premier, ministers, and chairpersons are appointed by the President of the Republic of China on the recommendation of the Premier.[4]
Its formation, as one of five branches ("Yuans") of the government, stemmed from the Three Principles of the People, the constitutional theory of Sun Yat-sen, but was adjusted constitutionally over the years to adapt to the situation in the ROC by changes in the laws and the Constitution of the Republic of China.
Duencies may be dissolved or merged with other agencies. Based on Executive Yuan website, the following bodies are no longer agencies under the Executive Yuan:[5]
National Disaster Prevention and Protection Commission: a task-force-grouped committee authorized by the law of Disaster Prevention and Protection.[7] It was restructured as an implementation unit on 1 February 2010, and renamed to Office of Disaster Management.[8]
The Executive Yuan Council, commonly referred to as "The Cabinet" (內閣), is the chief policymaking organ of the ROC government. It consists of the premier, who presides over its meetings, the vice premier, ministers without portfolio, the heads of the ministries, and the heads of the Mongolian and Tibetan Affairs Commission and the Overseas Chinese Affairs Commission. The secretary-general and the deputy secretary-general of the Executive Yuan also attend, as well as heads of other Executive Yuan organizations by invitation, but they have no vote. Article 58 of the Constitution empowers the Executive Yuan Council to evaluate statutory and budgetary bills concerning martial law, amnesty, declarations of war, conclusion of peace or treaties, and other important affairs before submission to the Legislative Yuan.
Relationship with the Legislative Yuan
The Executive Yuan Council must present the Legislators with an annual policy statement and an administrative report. The Legislative Committee may also summon members of the Executive Yuan Council for questioning.
Whenever there is disagreement between the Legislative Council and Executive Yuan Council, the Legislative Committee may pass a resolution asking the Executive Yuan Council to alter the policy proposal in question. The Executive Yuan may, in turn, ask the Legislators to reconsider. Afterwards, if the Legislative Council upholds the original resolution, the premier must abide by the resolution or resign. The Executive Yuan Council may also present an alternative budgetary bill if the one passed by the Legislative Committee is deemed difficult to execute.
Executive Yuan Building
The Executive Yuan Building was built in 1940 as the new city hall for Taipei, on the site of Huashan Elementary School.[9] After Taiwan was handed over to the Republic of China in 1945, Taipei's city hall was moved to the former campus of Jian Cheng Elementary School.[10] The old city hall building was turned over to house the provincial government for Taiwan. It became the Executive Yuan building in 1957.[11]
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