Legal provisions for direct democracy at the local level

Constitution (last amended in 2005)

Article 123. The people of the hsien shall, in accordance with law, exercise the rights of initiative and referendum in matters within the sphere of hsien self-government, and shall, in accordance with law, exercise the rights of election and recall of the magistrate and other hsien self-government officials.

Referendum Act (amended date: 2018/01/03)

Article 2. The "referendums" described in this Act includes national referendums and local referendums. For national referendums, this Act shall apply to the following matters apart from those stipulated in the Constitution:

1. Referendums on laws.

2. Initiatives on legislative principles.

3. Initiatives or referendums on important policies.

For local referendums, this Act shall apply to the following matters:

1. Reference to laws and regulations on local autonomy.

2. Initiatives on legislative principles for laws and regulations on local autonomy.

3. Initiatives or reference of important policies regarding local autonomy.

No proposal of referendum may be raised for any matters regarding budgeting, taxation, salary and personnel affairs.

Article 26. A proposal of local referendum shall be filed to the municipal or county (city) government.

Unless otherwise stipulated in this Act, matters relating to referendums shall be prescribed by the municipal or county (city) government in autonomous regulations.

If there is any doubt whether the proposal of referendum is about a local autonomous matter, the municipal or county (city) government shall report it to the Executive Yuan for determination.

Civil Servants Election And Recall Act (amended date: 2018/05/09)

Article 75. The electors in the original electoral district may file a proposal of recall with the election commission to recall civil servants. However, no proposal of recall may be filed against a civil servant who has not been in the position for one year.

The provisions of recall shall not apply to the electees of the national integrated election and the overseas election of central civil servants.