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Special Act for Prevention, Relief and Revitalization Measures for COVID-19

The Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens (Chinese: 嚴重特殊傳染性肺炎防治及紓困振興特別條例) is a law of the Republic of China (Taiwan) regulating response and relief efforts related to the COVID-19 pandemic in Taiwan.

Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens
Legislative Yuan
Territorial extentFree area of the Republic of China
Enacted byLegislative Yuan
Enacted25 February 2020
Effective15 January 2020 (retrospective)
Legislative history
First reading21 February 2020
Second reading25 February 2020
Third reading25 February 2020
Summary
To effectively prevent and control severe pneumonia with novel pathogens (COVID-19), protect the health of the people, and mitigate the impact of the disease on the domestic economy and society.
Status: Current legislation

Proposal and passage

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On 13 February 2020, the Executive Yuan proposed NT$60 billion in subsidies distributed to industries affected by the COVID-19 outbreak.[1] Part of the funds were allocated under the provisions of the Disaster Prevention and Protection Act (災害防救法).[2] Seven days later, on 20 February, the Executive Yuan passed a bill regarding further governmental response to the outbreak.[3] Penalties for hoarding medical supplies, avoiding quarantine restrictions, and disseminating misinformation about COVID-19 were codified.[4][5] The bill became law upon passing its third Legislative Yuan reading on 25 February 2020.[6][7] The Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens took effect retroactively from 15 January 2020, and was fully implemented upon promulgation by the Tsai Ing-wen presidential administration on 25 February 2020.[8] The Executive Yuan approved the special budget for COVID-19-related subsidies on 27 February.[9] On 13 March, the coronavirus budget bill passed through the Legislative Yuan.[10] Provisions of the COVID-19 budget bill were enforced by the Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens. Additionally, the special budget was exempted from Articles 62 and 63 of the Budget Act (預算法), permitting funds to be transferred amongst government agencies.[11] Funds for the special budget are available for expenses relating to the COVID-19 pandemic incurred between 15 January 2020 and 30 June 2021.[10]

On 2 April 2020, the Executive Yuan proposed an increase of NT$150 billion to the special budget for COVID-19 expenses, as part of an economic stimulus bill worth a total of NT$1.05 trillion.[12][13] The increased budget ceiling passed the legislature on 21 April, and was raised to NT$210 billion.[14][15] The budget was formally raised to a total of $NT210 billion in a bill passed on 8 May.[16][17]

On 23 July 2020, the Executive Yuan proposed another increase, totaling NT$210 billion, to the COVID-19 special budget.[18][19]

A fourth increase, adding NT$259.49 billion to the budget, was passed by the Legislative Yuan on 18 June 2021.[20][21]

A request to extend the act for one year, without adding to its budget, was made by the Executive Yuan in April 2022.[22]

Background and content

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During the 2002–2004 SARS outbreak the Provisional Act for Prevention and Relief of SARS was enacted. When the outbreak passed, the law was repealed.[23][24] Applicable provisions were incorporated into the Communicable Disease Control Act,[25] which regulates government actions during public health emergencies caused by communicable diseases.[26] Following the SARS outbreak, questions remained regarding the constitutionality of Article 37, paragraph 1 of the Communicable Disease Control Act as amended in January 2002.[23][27][28] In 2011, the Justices of the Constitutional Court issued Judicial Interpretation 609,[23][29] which declared that particular section to be constitutional, and that it specifically did not violate Articles 8 or 23 of the Constitution of the Republic of China, which establish rights to due process and proportionality.[23][30] The court held that all necessary measures or administrative dispositions including short-term detentions or quarantines were broadly delegated by the Communicable Disease Control Act.[23]

The Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens enumerates compensation to medical professionals and medical institutions working during the pandemic, as well as to people in quarantine and their carers. The act also delineates penalties for those who do not comply with public health orders or with the terms of quarantine. People who engage in price gouging or the distribution of misinformation about the pandemic will face a fine or imprisonment.[31][32]

Special budget

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Of the NT$60 billion special budget approved in March 2020, NT$19.6 billion was set aside for disease prevention, such as expenses incurred by hospitals for screening and quarantining patients with coronavirus disease 2019.[33] Roughly NT$16.9 billion was dispersed to the Ministry of Health and Welfare, which used the money to compensate medical professionals and research treatments for coronavirus disease 2019.[34] The Ministry of Economic Affairs was awarded approximately NT$16 billion of the special budget, with which it planned to offer loans to small and medium-sized businesses, and contribute to the Small and Medium Enterprise Credit Guarantee Fund of Taiwan.[35] Another NT$2 billion was set aside to stimulate the economy via the issuance of coupons for heavily affected industries.[36] With its NT$16.85 billion share of the funds, the Ministry of Transportation and Communications aimed to compensate the aviation industry, as well as set up professional training opportunities for people in the tourism industry, such as travel agents, guides, and drivers.[37][38]

Of the NT$150 million additional budget, NT133.5 billion was set aside for relief funds.[16][17] This portion was designated for uses such as loans to businesses and financial hardship payments to individuals affected by the pandemic.[39] Applications for such payments were open until 30 June 2020.[40] The remaining NT$16.5 billion was added to disease prevention efforts.[16][17] By September 2020, NT$161.1 billion had been allocated, primarily to the Ministry of Economic Affairs and the Ministry of Health and Welfare.[41]

Other actions

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The Regulations Governing the Compensation for Periods of Isolation and Quarantine for Severe Pneumonia with Novel Pathogens (嚴重特殊傳染性肺炎隔離及檢疫期間防疫補償辦法), a directive regulating compensation paid to people under quarantine due to COVID-19 was promulgated on 10 March 2020.[42][43][44]

Following the passage of the special act, Tsai Ing-wen convened a national security meeting on 12 March to discuss the economic impact of the pandemic.[45][46]

See also

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References

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  1. ^ Wang, Flor; Yeh, Su-ping (13 February 2020). "NT$60 billion bailout plan laid out to cope with virus impact". Central News Agency. Retrieved 26 February 2020.
  2. ^ Lin, Sean (14 February 2020). "Virus Outbreak: Premier approves NT$60bn relief plan". Taipei Times. Retrieved 14 March 2020.
  3. ^ Lin, Sean (21 February 2020). "Virus Outbreak: Special bill introduced for COVID-19". Taipei Times. Retrieved 14 March 2020.
  4. ^ Ku, Chuan; Chiang, Yi-ching (20 February 2020). "WUHAN VIRUS/Cabinet approves draft law to cope with virus impact". Central News Agency. Retrieved 26 February 2020.
  5. ^ Ku, Chuan; Yu, Matt; Chiang, Yi-ching (20 February 2020). "WUHAN VIRUS/Cabinet passes draft law to cope with coronavirus impact (update)". Central News Agency. Retrieved 26 February 2020.
  6. ^ Wang, Yang-yu; Yeh, Joseph (25 February 2020). "Law to cope with coronavirus impact clears legislative floor". Central News Agency. Retrieved 26 February 2020.
  7. ^ Wang, Yang-yu; Wen, Kuei-hsiang; Yen, William (25 February 2020). "Law passes to disclose personal information of quarantine offenders". Central News Agency. Retrieved 26 February 2020.
  8. ^ Lin, Sean (26 February 2020). "Virus outbreak: Special COVID-19 act passed, ratified". Taipei Times. Archived from the original on 26 February 2020. Retrieved 26 February 2020. Alt URL
  9. ^ Ku, Chuan; Wang, Cheng-chung; Yeh, Joseph (27 February 2020). "Cabinet approves NT$60 billion budget bill to cope with coronavirus". Retrieved 27 February 2020.
  10. ^ a b Fan, Cheng-hsiang; Wang, Yang-yu; Huang, Frances (13 March 2020). "NT$60 billion budget to cope with coronavirus clears Legislature". Central News Agency. Retrieved 13 March 2020.
  11. ^ Lin, Sean (14 March 2020). "Virus Outbreak: Lawmakers approve special budget". Taipei Times. Retrieved 14 March 2020.
  12. ^ Wu, Chia-jong; Mazetta, Matthew (2 April 2020). "Cabinet proposes NT$150 billion COVID-19 aid package for workers". Central News Agency. Retrieved 3 April 2020.
  13. ^ Lin, Sean (3 April 2020). "Virus Outbreak: Economic stimulus package expanded". Taipei Times. Retrieved 3 April 2020.
  14. ^ Lin, Sean (22 April 2020). "Virus Outbreak: Legislature raises relief budget ceiling". Taipei Times. Retrieved 22 April 2020.
  15. ^ Wang, Yang-yu; Hsu, Elizabeth (21 April 2020). "Legislature passes bill to triple COVID-19 bailout funds". Central News Agency. Retrieved 21 April 2020.
  16. ^ a b c Lin, Sean (9 May 2020). "Virus Outbreak: Virus budget given NT$150bn top-up". Taipei Times. Retrieved 9 May 2020.
  17. ^ a b c Wang, Yang-yu; Fan, Cheng-hsiang; Mazzetta, Matthew (8 May 2020). "Legislature approves NT$150 billion special budget (update)". Central News Agency. Retrieved 8 May 2020.
  18. ^ Ku, Chuan; Fan, Cheng-hsiang; Ko, Lin (23 July 2020). "Cabinet presents additional NT$210 billion budget for COVID-19 relief". Central News Agency. Retrieved 23 July 2020.
  19. ^ Lin, Sean (24 July 2020). "Virus Outbreak: Executive Yuan unveils second stimulus budget". Taipei Times. Retrieved 24 July 2020.
  20. ^ Fan, Cheng-hsiang; Kuo, Chien-shen; Wang, Yang-yu; Lai, Yu-chen; Liu, Kay (18 June 2021). "CORONAVIRUS/Taiwan's legislature passes US$9 billion COVID-19 relief package". Central News Agency. Retrieved 24 June 2021.
  21. ^ Chen, Yun; Chung, Jake (19 June 2021). "COVID-19: Legislature passes fourth special COVID-19 budget". Taipei Times. Retrieved 24 June 2021.
  22. ^ Chen, Chun-hua; Mazzetta, Matthew (17 April 2022). "Cabinet requests one-year extension of special COVID-19 relief act". Central News Agency. Retrieved 17 April 2022. and Shan, Shelley (18 April 2022). "Cabinet seeks to extend virus act". Taipei Times. Retrieved 20 April 2022.
  23. ^ a b c d e Chang, Wen-Chen (21 March 2020). "Taiwan's Fight against COVID-19: Constitutionalism, Laws, and the Global Pandemic". Verfassungsblog. Retrieved 10 May 2020.
  24. ^ "嚴重急性呼吸道症候群防治及紓困暫行條例". Laws and Regulations Database of the Republic of China. Ministry of Justice. Retrieved 10 May 2020.
  25. ^ Lee, Chien-liang (22 April 2020). "Taiwan's Proactive Prevention of COVID-19 under Constitutionalism". Verfassungsblog. Retrieved 10 May 2020.
  26. ^ Lin, Ching-Fu; Wu, Chien-Huei; Wu, Chuan-Feng (2 April 2020). "Reimagining the Administrative State in Times of Global Health Crisis: An Anatomy of Taiwan's Regulatory Actions in Response to the COVID-19 Pandemic". European Journal of Risk Regulation. 11 (2): 256–272. doi:10.1017/err.2020.25. PMC 7156569.
  27. ^ "Communicable Disease Control Act". Laws and Regulations Database of the Republic of China. Ministry of Justice. Retrieved 10 May 2020.
  28. ^ "Communicable Disease Control Act (Legislative History)". Laws and Regulations Database of the Republic of China. Ministry of Justice. Retrieved 10 May 2020.
  29. ^ "JY Interpretation No.690". Judicial Yuan. 30 September 2011. Retrieved 10 May 2020.
  30. ^ "Constitution of the Republic of China (Taiwan)". Laws and Regulations Database of the Republic of China. Ministry of Justice. Retrieved 10 May 2020.
  31. ^ Zhang, Laney (30 April 2020). "Taiwan: Special COVID-19 Law Revised to Increase Economic Relief Budget". Library of Congress. Retrieved 7 May 2020.
  32. ^ "CECC urges people in home quarantine/isolation to follow related regulations; violators are subject to cumulative penalties". Taiwan Centers for Disease Control. 1 April 2020. Retrieved 7 May 2020.
  33. ^ Lin, Sean (28 February 2020). "Virus Outbreak: Premier approves special budget items". Taipei Times. Retrieved 14 March 2020.
  34. ^ Lin, Sean (4 March 2020). "Virus Outbreak: Lawmaker asks premier to compensate medical workers for travel restriction". Taipei Times. Retrieved 14 March 2020.
  35. ^ Li, Natasha (14 February 2020). "MOEA offers assistance for virus woes". Taipei Times. Retrieved 14 March 2020.
  36. ^ "Virus Outbreak: Ministry plans coupons to stimulate economy". Taipei Times. 5 March 2020. Retrieved 14 March 2020.
  37. ^ Shan, Shelley (4 March 2020). "Virus Outbreak: MOTC plans subsidies for travel sector". Taipei Times. Retrieved 14 March 2020.
  38. ^ Shan, Shelley (5 March 2020). "Virus Outbreak: Minister vows to help major airlines survive crisis". Taipei Times. Retrieved 14 March 2020.
  39. ^ "Premier Su announces expanded COVID-19 financial relief". Taiwan Today. 5 May 2020. Retrieved 7 May 2020.
  40. ^ Lin, Sean (8 May 2020). "Virus Outbreak: Su sorry for long lines of uninsured". Taipei Times. Retrieved 8 May 2020.
  41. ^ Huang, Hsin-po; Chung, Jake (26 September 2020). "Premier pushes for more virus relief". Taipei Times. Retrieved 26 September 2020.
  42. ^ Chen, Wei-ting; Hsu, Elizabeth (10 March 2020). "CORONAVIRUS / Home isolation/quarantine subjects to get compensation". Central News Agency. Archived from the original on 11 March 2020. Retrieved 14 March 2020. Alt URL
  43. ^ Lee, I-chia (12 March 2020). "Virus Outbreak: Command center issues travel alerts for 26 countries". Taipei Times. Retrieved 14 March 2020.
  44. ^ Lin, Sean (13 March 2020). "Virus Outbreak: Coupons may be delinked from hotel stays: minister". Taipei Times. Retrieved 14 March 2020.
  45. ^ Hsieh, Chia-chen; Kao, Evelyn (12 March 2020). "CORONAVIRUS / President holds meeting to address economic impact of COVID-19". Central News Agency. Retrieved 14 March 2020.
  46. ^ Hsiao, Sherry; Chung, Jake (13 March 2020). "Virus Outbreak: NT$100bn stimulus being prepared: Tsai". Taipei Times. Retrieved 14 March 2020.
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