Administrative enforcement shall in accordance with justice and equitable principles, look after both public interests and maintain people’s rights and interests. Use appropriate approaches to execute, and shall not go beyond the necessary limitations to achieve enforcement objects, proclaimed in writing in the article three of the Administrative Enforcement Law.
General obligors do not understand the administrative enforcement procedures, while encounter with legal enforcement but could not make the payment due to specific events, they do not know to make a legal application, and could only resist blindly or complain to the representatives. Do not know what to follow, and even keep on making mistakes, wrongly against the laws, consequently, people misunderstanding the government day after day. These conditions need to be guided to facilitate the harmonious between the government and people.
The regulations of the law are very complicated, and it is impossible to make a brief but clear and definite description. The Branch takes the most concerned topics by the public to make a summary for people’s reference and follow; those are the installments application, declaration of objection, arrest and custody, and relevant regulations of real estate auction.
If there is any incomplete or unknown, please contact with our attendants.
How to Declare for Installments
Declare for installments could be made by utterances or document, now describe respectively as below:
一、 Utterances declaration
Based on economic conditions or due to natural disaster or incidents and lead to great property lose, submit the causes, facts and certificates that the payment could not be made in one time to the enforcement branch. Use utterances to apply from the undertaker and the secretary make the memo to substitute the document.
（一）The obligor applies from govern administrative enforcement branch by document, and attached the causes, facts, reasons and relevant certificates to the document and submit to the enforcement branch, then the enforcement branch dispatched to the undertaker for process.
（二）The document declaration better to be written in judicial format, however, the document not written in judicial format does not necessarily lose its effect, only the facts statements must be concrete and confirmed, and the attached certificates shall be real and correspond with truth.
In order to assure that the obligor make the enforcement amounts by installments on time as its declaration, the obligor shall look for a warrantor and submit a deed of security to ensure the performance of obligations.
The deed of security shall be signed and sealed by the warrantor personally, and not apply to representative regulations.
Application Receive Unit
（一）Apply by utterances, please apply from the desk clerk or undertake section.
（二）Apply by document, please submit the document to the document receive section of the enforcement branch or mail by registered letter, and dispatched by the enforcement branch based on the sections.
（三）According to the regulations of article 27, practice detailed rules and regulations of the Administrative Enforcement Law, the obligor who apply for installments and conform to important conditions by installments, shall ask for case transfer institution’s approval first and then take into consideration the circumstances and approve the obligor’s installments.
（一）執行金額 (含累計) 未滿新臺幣（下同）二十萬元之執行事件，得分二至六期。
（二）執行金額 (含累計) 在二十萬元以上，未滿一百萬元之執行事件，得分二至八期。
（三）執行金額 (含累計) 在一百萬元以上，未滿五百萬元之執行事件，得分二至十六期。
（四）執行金額 (含累計) 在五百萬元以上，未滿一千萬元之執行事件，得分二至三十六期。
（五）執行金額 (含累計) 在一千萬元以上之執行事件，得分二至六十期。
Practice Essentials for the Approval of Installments Amounts by the Administrative Enforcement Events
一、These essentials are made specifically for the regulations of the article 27, practice detailed rules and regulations of the Administrative Enforcement Law.
二、In case the obligor has one of the following conditions, each Administrative Enforcement branch of The Administrative Enforcement Agency, Ministry of Justice (Administrative Enforcement branch), based on its authority or obligor’s application and ask for the agreement form transfer institution, could take into consideration the circumstances and approve the obligor’s installments:
（一）Based on its economic condition, the obligor could not complete the monetary obligations set forth in public law in one time.
（二）Due to natural disaster or incidents and lead to great property lose to the obligor, and could not complete the monetary obligations set forth in public law in one time.
三、The obligor shall submit relevant certificates that explain its reasons when apply for installments of the enforcement amounts.
四、The approved installments of the enforcement amounts time limit shall in accordance with following standards:
（一）Enforcement Events, the enforcement amounts below NTD 200,000.00, could have installments for two to six months.
（二）Enforcement Events, the enforcement amounts are above NTD 200,000.00 but below NTD 1,000,000.00 could have installments for two to eight months.
（三） Enforcement Events, the enforcement amounts are above NTD 1,000,000.00 but below NTD 5,000,000.00 could have installments for two to sixteen months.
（四） Enforcement Events, the enforcement amounts are above NTD 5,000,000.00 but below NTD 10,000,000.00 could have installments for two to thirty-six months.
（五） Enforcement Events, the enforcement amounts are above NTD 1,000,000.00, could have installments for two to sixty months.
Kaohsiung Branch, Administrative Enforcement Agency
Ministry of Justice
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