Directions

Directions for the Handling of an Application to Include a Supplementary Opinion in a Political Archive

Adopted per 14 February 2018 Letter No. Dang-Ying-Zi-1070012567 of the National Archives Administration, National Development Council
Renamed and amended per 17 September 2019 Letter No. Dang-Ying-Zi-1080014240 of the National Archives Administration, National Development Council

1. These Directions were adopted by the National Archives Administration (NAA) of the National Development Council to govern implementation of provisions in Article 8 of the Political Archives Act regarding the handling of an application by a party to the subject matter of a political archive, or an heir thereof, to include a supplementary opinion in that archive.

2. A party to the subject matter of the archive who believes that either the content of the archive or a statement made in materials pertaining to himself/herself is erroneous or incomplete may apply to include a supplementary opinion in the archive (hereinafter, "application for a supplementary opinion"). When a party to the subject matter of an archive becomes deceased, the party's spouse or heir as set out in Article 1138 of the Civil Code may submit the application; a party to the subject matter of an archive or his/her heir may also retain a third party to submit the application.

3. An application for a supplementary opinion shall be made in writing, and documentary proof of the applicant's identity shall be submitted along with it; an heir shall further provide documentary proof of the death of the party to the subject matter of the archive, as well as documentary proof of the applicant's relationship with said party, and if the application is submitted by an agent, documentary proof of the identity of the client and the agent shall also be furnished.

4. The application form (Attachment 1) of the preceding point shall state the following items:

(1) The applicant's full name, date of birth, telephone number, domicile (or residence), and ID number.
(2) An application submitted by an agent shall provide the agent's full name, date of birth, telephone number, domicile (or residence), and ID number; if the applicant is a juristic person or another entity with a manager or representative, the application shall provide its name and address, as well as the name of its business office or business establishment and the full name, date of birth, telephone number, and domicile (or residence) of the manager or representative thereof.
(3) The full name of the party to the subject matter of the archive, the name of the fonds (agency), and the file number.
(4) Reason for the application for a supplementary opinion.
(5) Content of the supplementary opinion. (Attachment 2)
(6) Proof documents used to support the supplementary opinion.
(7) Matters handled by the agent.

5. The applicant may submit an application for a supplementary opinion and the related proof documents to the the NAA either by delivering them in person or by sending them via the mail.

6. If an application does not meet requirements or the required materials have not been provided in full, the NAA shall notify the applicant to supplement the materials within seven days; in the event of failure to supplement or inability to supplement, the application may be denied.

7. Within 30 days of the day on which the application for a supplementary opinion is accepted for processing, the NAA shall make an approval decision, and shall notify the applicant in writing; where the application has been denied, the NAA shall further explain its reasons. An applicant who disagrees with a denial of an application for a supplementary opinion may file an administrative appeal or initiate an administrative suit in accordance with the law.

8. The content of a supplementary opinion submitted by an applicant shall be related to the party to the subject matter of the archive, shall state the opinion in concrete terms, shall not include defamatory, insulting, or offensive language, and shall not disclose information that can be used to identify a third party; if the opinion infringes upon the interests of another person, the applicant shall assume full responsibility.

9. Proof documents submitted by the applicant to support the supplementary opinion shall be returned by the NAA after it makes its approval decision.

10. When an application to include a supplementary opinion is approved, the supplementary opinion shall be incorporated into the original political archive and made available for viewing, hand-copying, or duplication, and a notation shall be added to the catalog information.

11. When a government agency (institution) owns and administers an archive that the NAA has determined to be a political archive, before the archive has been transferred, when that government agency (institution) handles an application to include a supplementary opinion in a political archive, the provisions of these Directions shall apply mutatis mutandis.
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Last Updated: 2021-09-23
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