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Military Personnel Ethics

Military Personnel Ethics

-WebMasterPostDate: 2012/05/03

 

Question: Can military personnel attend banquets, feasts or functions which are relevant to the benefits of their positions?  If yes, what are the procedures?  Please illustrate with examples.

Answer:

1.Principle:  The military personnel are not allowed to attend any banquets, feasts or functions which are relevant to the benefits of their positions.  In the meanwhile, they should avoid attending any banquets, feasts or functions which are not relevant to the benefits of their positions, but are inappropriate for their statuses or positions.

2.Exception: Those in one of the following circumstances shall not be subject to this restriction.

A. If it is necessary for public service etiquette.

B. If it is a folk festival, and open to the public.   

C. If the feast is an award, or the activities are held by subordinate units to The Ministry of National Defense due to ceremonies, festivals, tea parties, receptions, dependant’s parties, back-up cadre members’ parties, personnel changes, neighborhood parties, and the inauguration, promotion, retirement, resignation, and office-leaving of subordinate personnel.

D.If the activities are held because of engagement, getting married, giving birth, and housewarming, and with social etiquette which is not beyond the standards of society.

3.Procedures for management:

A.The military personnel have to file an application for approval, and inform the supervision department if they are in the situations in Paragraph 1 or Paragraph 2 of Article 7 (Please refer to the proviso of Article 9).

B.The military personnel do not have to file an application for approval, or to inform the supervision department if they attend the feasts which are regarded as awards, or to the activities which are held for engagement, getting married, giving birth, and housewarming, inauguration, promotion, retirement, resignation, and office-leaving.

4.Illustration with examples:

A.Attendance with the necessity for public service etiquette: The head of unit or organization have to file an application for approval, or to inform the supervision department when they are invited to attend opening ceremonies of the construction of new buildings of the related unit or organization, or to the anniversary party of foundation of the Hero House.

B.The head of military unit or organization has to file an application for approval, or to inform the supervision department when he/she is invited to attend folk festivals which are open to the public, or to the year-end parties of the industries which undertake the constructions of the military unit or organization.

C.Awards or comforts from supervisors:  The various ranking supervisors invite comrades to attend spring parties or year-end parties, or give a cake to the comrade as a birthday gift.


Question:  Can the military personnel freely attend any feasts which are not relevant to the benefits of their positions? 

Answer:

1.The administration of military personnel should be in accordance with law, and aimed at public benefits, and at an avoidance of interest conflict, which are listed on the Notice for Military Personnel on Clean Government Ethics (Please refer to the proviso of Article 3).

2.According to Article 7 of the Notice, the military personnel should avoid being invited to attend any feasts which are not relevant to the benefits of their positions, but are inappropriate for their statuses or positions.  The inappropriate places or feasts include the feasts which are held by those people who have gang-related background, or the places of feast where are equipped with male or female escort services.


Question:  Are there any limitations of hourly fare and manuscript fee of address, informal discussion, research and study, and evaluation, which are listed on the Notice?  If yes, is the attendance fee covered by the Notice?

Answer:

1.The activities which are suitable for the military personnel except for public affairs.

2.Limitation of hourly fare: Under and NT$5,000 per hour (Please refer to the proviso of Paragraph 1 of Article 13 of the Notice).

3.Limitation of manuscript fee: Under and NT$2,000 per 1000 words (Please refer to the proviso of Paragraph 2 of Article 13 of the Notice).

4.The military personnel have to file an application for approval, and inform the supervision department if they need to attend the activities which are held by those people who are relevant to the benefits of their positions (Please refer to Paragraph 3 of Article 13 of the Notice).   

5.Although the attendance fee is not literally limited in the Notice, please act in compliance with the preceding paragraph for not being suspected.


Question:  Can comrades attend the year-end party held by the contracted industry of military business?  Can military units or organizations accept awards donated by the contracted industry of military business for the year-end party for the comrades of military units or organizations?

Answer:

1.The military personnel may attend the year-end party held by the contracted industry of military business according to keep good relations with the contracted industry.  But the related personnel have to file an application for approval, and inform the supervision department in advance.  The administration of year-end party should be in accordance with the principle of economy.  The military units or organizations should avoid accepting awards or gifts which are donated by the contracted industry of military business, or exchanging awards or gifts with the contracted industry of military business based on the concern of interest conflict.  It is necessary to make sure that the contracted industries voluntarily sponsor awards or gifts if it is against the conventional customs to refuse to accept the awards and gifts.  In such a situation, the related military units or organizations should in exchange for providing the contracted industries equivalent awards or gifts which are not beyond the standards of society for not being suspected.

2. Instructions:

A.According to Article 7 of Notice for Military Personnel on Clean Government Ethics (referred hereafter as “the Notice”), the military personnel are not allowed to attend the feasts which are relevant to the benefits of their positions, but those in one of the following circumstances shall not be subject to this restriction: a. if it is necessary for public service etiquette, b. if it is a folk festival, and open to the public, and Article 9 of the Notice, the military personnel have to file an application for approval, and inform the supervision department if they are in the situations in Paragraph 1 or Paragraph 2 of Article 7, therefore, whether or not the military personnel, such as a supervisor, attend the feasts which are held by the contracted industry should be determined by the head of military unit who is authorized by the Notice.  But the Notice suggests that the status and the number of attendee, and the necessity of good relationship maintenance should be carefully concerned.  

B.According to the second half of Article 7 of the Notice, the military personnel should avoid attending the feasts which are not relevant to the benefits of their positions, but are inappropriate for their statuses or positions.

3.The military personnel should obey the following regulations when they attend feasts or activities which are held for public affair purposes:

A.In addition to high ranking officers, if there are any attendees who are relevant to the benefits of their positions, take the legitimacy and rationality of the attendees into accounts to comply with the goal of activity. 

B.If a lucky draw or gift exchange is arranged during the feast or activity, the attendee should be provided an opportunity for a voluntary gift exchange or award donation.

C.The value of the aforesaid gift or award is accordance with the averaged social standard.  According to the principle of economy for year-end party administration, the contracted industry should not be requested to provide awards for the lucky draw.  In case of a voluntary offer by the contracted industry, the procedures should be in accordance with the aforesaid regulations.


Question:  Can the military personnel accept the gifts, books, or aided teaching materials which are provided without charges by the publisher who lobbies the president or the teacher of the school to adopt their textbooks? 

Answer:

1.Unacceptable.

2. Instructions:

A.According to Article 4 of Notice for Military Personnel on Clean Government Ethics (referred hereafter as “the Notice”), the military personnel are not allowed to give, request, receive, or make a solicit commitment of bribery which is relevant to the benefits of their positions, or other inappropriate benefits including kickback, banquets, accommodation, transportation, entertainment, tour, sightseeing or other treats for free or on discount in exchange for the adaptation of the textbooks.  But those in one of the following circumstances, and occasionally happen without influence on specific obligations shall not be subject to this restriction: the value of gift or property is not beyond the averaged standard of society, and the gift or property is given due to engagement, getting married, giving birth, housewarming, and the wounds, diseases, or the death of the military personnel or his/her spouse.  According to Article 2 of the Notice, the stakeholders include individuals, corporations, groups, and other units or organizations which have specific relationships with subordinate organizations of The Ministry of National Defense, such as: 1. relationships based on business contacts, direction and supervision, and aids for expenditure, 2. relationships based on subcontracts, contracts of sale, or other contracts which are being sought for, are being proceed, or have been signed, 3. advantage or disadvantage effects due to implemented or non-implemented business of organizations. The relationships based on subcontracts and contracts of sale are unacceptable gifts given by the publisher in accordance with Subparagraph 2 of Paragraph 2 of Article 4. A solicit commitment or the assistance in promoting books or stationery for publishers will be regarded as bestowed money and an element of misfeasance such as bribery and corruption.

B. In accordance with the meaning of J.Y. Interpretation No.308, public schools teachers are not in the category of public functionaries as referred to in Article 24 of the Public Functionary Service Act.  The military personnel which are mentioned in Article 2 of the Notice include all political appointees, soldiers in active service, civil servants, teaching personnel, students, and contact employees (including inter-organization and external-organization) of The Ministry of National Defense and its subordinate agencies.  The teaching personnel are not excluded from public servants in the Notice.     

3.In the past several years, during the investigation procedures of corruption cases, we found that some undertaking personnel took briberies or attended feasts which were relevant to the benefits of their positions.  Although partial undertaking personnel who breached the regulations did not have an intention of solicit commitment, they probably have to take the responsibility of assistance in the investigation on false verification subsequently.


Question:  Readers reflected that from the newspaper they realized that the hourly fare and manuscript fee in the market are not as much as the description of Article 13 of the Notice: the limitation of hourly fare is under and NT$5,000 per hour, and the limitation of manuscript fee is under and NT$2,000 per 1000 words.  What do you think about that?

Answer: 

1.The purpose of the Notice is to terminate any chance of bribery by the third party.  In addition to providing behavior principles for the military personnel, and avoiding being suspected of getting high hourly fare and manuscript fee, the Notice implements the termination of bribery that is practiced through paying high hourly fare and manuscript fee.  

2.Due to the vast objective of the Notice, the content of the Notice should be comprehensively considered.  The military personnel are included in generalized civil servant which are mentioned in Article 24 of Civil Servant Service Act, including all political appointees,  officers, petty officers, soldiers, civil servants, teaching personnel, students, and contact employees (including inter-organization and external-organization) of The Ministry of National Defense and its subordinate agencies, troops, and schools.  The hourly fare and manuscript fee in professional fields are often over NT$5,000 per hour, and NT$2,000 per 1000 words respectively.  Therefore, the Notice should comprehensively take the aforesaid issues into account. 


  

Question: What do the terms “entreaties and lobbying” mean in the Notice?  What should the military personnel do when they face the aforesaid issues?

Answer:

1. Meanings:  The meaning of entreaties and lobbying is to submit requirements for the advantages or disadvantages of the submitter or the third party in written, oral or other ways, and the contents of the requirement are relevant to the decision and the execution or unexecution of specific issue of business of The Ministry of National Defense, and its subordinate agencies.  In the meanwhile, the decision and the execution or unexecution of specific issue probably will breach the regulations or effect on the specific obligations (Please refer to Paragraph 5 of Article 2).  Therefore, some specific cases which are relevant to entreaties and lobbying on someone’s personnel promotion or transfer, faults of certain inspector or supervisor will be determined to be lightly punished or remitted from punishment.  

2.Administrative procedures:

A.The military personnel are not allowed to engage in and accept entreaties or lobbying.  As for the written entreaties and lobbying from legislators, councilors, or civilians, or the entreaties or lobbying which cannot be flatly refused, the undertaking unit shall manage in according with Complaints Processing Regulations of The Ministry of National Defense and its subordinate agencies.  In the meanwhile, the undertaking units shall record the objective, time, place, and the written documents when they receive the contents of the entreaties or lobbying, and shall report to their supervisors in three days, and inform the supervision department.  If the aforesaid entreaties or lobbying have been subsumed into the business range and being processed as a official letter, it shall not be subject to this restriction (Please refer to Article 10 of the Notice).

B.Please take care of the subsequent management of the supervision department in accordance with Article 11 of the Notice.


Question:  Who can the military personnel counsel with when they have any questions about the Notice?

Answer:

1.Please directly counsel with the supervision department of the agency.  The various ranking departments of supervision hierarchically process the related business in accordance with Integrity and Ethics Directions for Civil Servants, and provide instructions and illustrations of the Notice, and counseling services for other ethics (Please refer to the first half of Paragraph 1 of Article 16 of the Notice).

2.For those agencies without a Department of Supervision, the joint-appointment personnel or unit, or the supervisor should assign a specific staff to process the related business (Please refer to Article 17 of the Notice).  

3.The counselors who have questions about the Notice should report to the higher level department of supervision for assistance.


Question:  What are the regulations of punishment for the military personnel who breach the regulations of the Notice?

Answer: 

1.According to Article 18 of the Notice, the military personnel who breach the regulations of the Notice without criminal liabilities involvement shall be published in accordance with Act of Punishment of the Armed Forces, and the related regulations; the military personnel who get involved with criminal liabilities will be sent to martial agencies or judicial organizations.

2. Instructions:  

A.According to Article 18 of the Notice, the military personnel who breach the regulations of the Notice without criminal liabilities involvement shall be published in accordance with Act of Punishment of the Armed Forces, and the related regulations; the military personnel who get involved with criminal liabilities will be sent to martial agencies or judicial organizations.

B.The soldiers in active service who administratively breach the regulations of the Notice will be reviewed in accordance with Article 8 of Act of Punishment of the Armed Forces.  After confirming the category of punishment, the authority will determine the final result by deliberating the motive, purpose, character, measure, life style, education level, and the personality of violator, effect, and whether the violator is regretful for what he/she has done according to Article 2 of Enforcement Rules.  If the violator is not a soldier in active service, such as administrative personnel, teaching staff, contact employee, or student, they shall follow the related policies and regulations which are suitable for them separately (Civil Servant Service Act, Teachers’ Act, Directions for the Management of Military Employment and Contract-based Worker Employment, and Student Management Manual).

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