SYSTEM OF LOCAL GOVERNMENT

Section 1. The Province

Article 112     
A Province may convoke a Provincial Assembly to enact, in accordance with the General Principles of Provincial and Hsien Self-Government, regulations, provided the said regulations are not in conflict with the Constitution.
The organization of the provincial assembly and the election of the delegates shall be prescribed by law.

Article 113     
The Provincial Self-Government Regulations shall include the following provisions:
  1. In the province, there shall be a provincial council. Members of the Provincial council shall be elected by the people of the province.
  2. In the province, there shall be a provincial government with a Provincial Governor who be elected by the people of the Province.
  3. Relationship between the province and the hsien.
The legislative power of the province shall be exercised by the Provincial Council.

Article 114     
The Provincial Self-Government Regulations shall, after enactment, be forthwith submitted to the Judicial Yuan. The Judicial Yuan, if it deems any part thereof unconstitutional, shall declare null and void the articles repugnant to the Constitution.

Article 115     
If, during the enforcement of Provincial Self-Government Regulations, there should arise any serious obstacle in the application of any of the articles contained therein, the Judicial Yuan shall first summon the various parties concerned to present their views; and thereupon the Presidents of the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan and Control Yuan shall form a Committee, with the President of Judicial Yuan as Chairman, to propose a formula for solution.

Article 116     
Provincial rules and regulations that are in conflict with national laws shall be null and void.

Article 117     
When doubt arises as to whether or not there is a conflict between provincial rules or regulations and national laws, interpretation thereon shall be made by the Judicial Yuan.

Article 118     
The self-government of municipalities under the direct jurisdiction of the Executive Yuan shall be prescribed by law.

Article 119     
The local self-government of Mongolian Leagues and Banners shall be prescribed by law.

Article 120     
The self-government system of Tibet shall be safeguarded.

Section 2. The Hsien

Article 121     
The hsien shall enforce hsien self-government.

Article 122     
A hsien may convoke a hsien assembly to enact, in accordance with the General Principles of Provincial and Hsien Self-Government, hsien self-government regulations, provide the said regulations are not in conflict with the Constitution or with provincial self-government regulations.

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.

Article 124     
In the hsien, there shall be a hsien council. Members of the hsien council shall be elected by the people of the hsien.
The legislative power of the hsien shall be exercised by the hsien council.

Article 125     
Hsien rules and regulations that are in conflict with national laws, or with provincial rules and regulations, shall be null and void.

Article 126     
In the hsien, there shall be a hsien government with hsien magistrate who shall be elected by the people of the hsin.

Article 127     
The hsien magistrate shall have charge of hsien self-government and shall administer matters delegated to hsien by the central or provincial government.

Article 128    
The provisions governing the hsien shall apply mutatis mutandis to the municipality.