| Content： |
Article 1. This Self-Government Ordinance is formulated by Taichung City (hereinafter referred
to as “the City”) for the purposes of protecting the rights and interests of
consumers, advancing the safety of consumer life, and promoting the quality of
consumer life.
Article 2. 1.The competent authority of this Self-Government Ordinance is Taichung City
Government (hereinafter referred to as “the Government”), and the enforcement
authorities are all of the relevant industry competent authorities subordinating
to the Government.
2.When the enforcement authority in the preceding paragraph is unclear, a request
shall be made to the competent authority for determination thereof. For the
matters concerning the competent authorities at the central government, a request
shall be made to the Consumer Protection Committee, Executive Yuan, for assignment
thereof.
Article 3. Every January, the enforcement authorities shall report implementation of the
measures and enforcement of the regulations, prescribed under the Article 3 of the
Consumer Protection Act, to the Government for future reference.
Article 4. 1.The business operator who provides the place of consumption shall obtain public
liability insurance in accordance to the City’s Self-Government Ordinance of
Mandatory Public Liability Insurance for Public Place of Business.
2.When conducting the public safety investigation for buildings and business
registration, providing certifications, issuing licenses and certificates, or
administering other relevant examinations of / for the place of the consumption,
the obtainment of public liability insurance for the place of the consumption
shall be investigated by the enforcement authority.
Article 5. 1.When applying for business registration or other relevant licenses, the business
operator, in the preceding first paragraph, who provides the place of consumption
shall attach the certificate of public liability insurance. Otherwise, such
business registration and licenses will not be granted.
2.Each year, the certificate of obtaining public liability insurance for the place
of the consumption must be filed to the competent authority for future reference
before December 31; the same applies in the event of any change of the insurance.
3.In the event of failure to comply with the preceding paragraph, and such
non-compliance is not corrected within the time limit prescribed, the business
registrations and relevant licenses will be revoked, and the place of consumption
will be ordered to close.
Article 6. 1.When a business operator uses standard form contract, such contract must comply
with the principles of good faith, equality, and mutual benefit. Also, such
contract must comply with mandatory provisions to be included in and prohibitory
provisions of standard form contract as proclaimed by the central competent
authority, and the business operator must give the consumer a reasonable period
to review such contract.
2.Where standard form contract is without the mandatory provisions proclaimed by the
central competent authority, the mandatory provisions are regarded as recorded;
standard form contract is with the prohibitory provisions proclaimed by the
central competent authority, the prohibitory provisions are regarded as unrecorded.
3.When the common clause of standard form contract is contradicted to the mandatory
provisions proclaimed by the central competent authority, the validity of contract
would be determined in accordance with the mandatory provisions.
4.The enforcement authorities may examine the business operator on the use of
standard form contracts whenever necessary.
Article 7. 1.Where business operator entering contract by distance sales or door-to-door sales
with consumers, business operator shall provide consumers the following information
clearly and conspicuously and must obtain the proofing documents that such
consumers are informed thereof:
(1).The name of the business operator, representatives, firms or places of business,
phone numbers or email and contact information which consumers can get rapid and
effective communication.
(2).The contents of products or services and their prices, payment dates, payment
methods, delivery dates, and methods of delivery.
(3).The period and procedure for consumers to exercise the right to rescind in
accordance with Article 19 of the Consumer Protection Act.
(4).For products or services, the right to rescind, prescribed in the first paragraph
of Article 19 of the Consumer Protection Act, cannot be exercised upon the
application of provisions prescribed in accordance with the second paragraph of
Article 19 of the Consumer Protection Act.
(5).Consumer complaint handling procedures.
(6).Any other matters publicly proclaimed by the central competent authorities.
2.Distance sales made via the Internet shall provide consumers with completely
recoverable and savable information in electronic format.
Article 8. A business operator must provide consumers with full and correct information about
the products or services that he/she provides, and must not act to mislead, conceal,
or deceive.
Article 9. A business operator shall not use the opportunity of recommending employment or
recruiting staff to ask the job applicant to do some certain transaction behaviors
and to obtain inappropriate interests thereof.
Article 10. To research, review, and promote the realization of the City's consumer protection
projects, the City Government shall establish the Consumer Protection Commission,
which shall be in charge of the following matters:
(1).Reviewing consumer protection projects;
(2).Coordinating the consumer protection projects and measures with the enforcement
authorities;
(3).Supervising the enforcement authorities in the performance of their duties.
Article 11. The City Government shall establish consumer service centers to handle matters such
as consumer consultation services, educational dissemination, and complaints. The
City Government may establish branch offices of the consumer service center in each
District Office.
Article 12. 1.The City Government shall establish a consumer dispute mediation commission,
consisting of 7 to 21 commissioners, to handle the mediation of the City's
consumer disputes. The term of such commissioners shall be 2 years, and
commissioners may be consecutively re-elected.
2.For the commission in the preceding paragraph, the senior consumer ombudsmen in
higher grade level shall be the chairman, and the City Government shall appoint
representatives of the City Government, the representatives recommended by the
consumer protection groups, representatives of the professional groups to which
business operators belong or to which they are related, and scholars and experts
to act as other commissioners.
3.The number of representatives of consumer protection groups and the number of
representatives of the professional groups to which business operators belong or
to which they are related as referred to in the preceding paragraph shall be the
same.
Article 13. 1.Before each year begins, the City Government's Legislative Affairs Bureau shall
compile all matters of consumer protection enforcement reported by the enforcement
authorities, draw up the City's annual consumer protection project, and submit
such project to the City Government's consumer protection commission for approval
and to execute in accordance with.
2.The execution of the annual consumer protection project as referred to in the
preceding paragraph shall be monitored by the enforcement authorities pursuant to
their own duties.
Article 14. The City Government's consumer service center and the enforcement authorities may
conduct the following consumer education and promotion matters:
(1).Publicizing consumer warnings in the media or on the Internet and distributing
and disseminating such warnings;
(2).Holding consumer rights education or promotion activities;
(3).Issuing consumer promotion publications;
(4).Conducting the enhancement of consumer protection intelligence trainings and
lectures for public servants in the City Government and its subordinate
organizations;
(5).Promoting consumer protection regulations and ideas to the relevant business
operators;
(6).Publicizing all information related to consumers on the Internet or in the
media in a timely manner.
Article 15. 1.If the enforcement authorities or consumer ombudsmen believe that there is reason
for concern that a product or service provided by a business operator may
endanger the safety or health of consumers, an examination or testing shall be
carried out immediately.The examination or testing as referred to in the preceding
paragraph may be entrusted to consumer protection groups, professional
organizations, or other public or private institutions or organizations that
possess the relevant
testing equipment.
2.Each institution/organization or groups entrusted to conduct the testing matters
in the preceding paragraph may request appropriate fees.
Article 16. 1.If the enforcement authority believes that a product or service provided by a
business operator may endanger consumers' lives, bodies, health, or properties,
such authority shall conduct an investigation immediately. After the investigation
is complete, the authority may publicize the processes and results of the
investigation. Before such publication, the authority shall give the business
operator an opportunity to explain.
2.If the investigation result as referred to in the preceding paragraph reveals that
there is or there may be endangerment to consumers' lives, bodies, health, or
properties, the enforcement authority shall order such business operator to
immediately improve within the time limit, recall or destroy such products or
services, where necessary, order such business operator to cease the design,
production, manufacturing, processing, importation, distribution of such products
or the rendering of such services, or take other necessary actions.
Article 17. If the enforcement authority believes that a product or service provided by a
business operator has caused or may cause material injuries or damages to consumers,
and such circumstances constitutes an emergency situation, then in addition to the
actions to be taken pursuant to the preceding article, such enforcement authority
shall publicize such business operator's name, address, and products or services
through the mass media, or take other necessary actions.
Article 18. The enforcement authority or consumer ombudsman shall deal with consumer dispute
cases, and upon discovering any of the following inappropriate marketing behaviors
of a business operator, the enforcement authority or consumer ombudsman may refer
such cases to the relevant competent authority for further handling:
(1).When conducting door-to-door sales, a business operator provides a service,
examination, or gift that is free of charge in name while it is actually a sale
of products or services.
(2).A business operator's conduct, language, or advertisement causes consumers to
mistakenly believe the business operator's personnel to be from a government
agency, public interest group, or another business operator, and consequently
the consumer enters into a transaction with such business operator.
(3).A business operator's conduct, language, or advertisement causes consumers to
mistakenly believe that the consumer has a legal obligation to purchase,
install, or use a product or service, or that he/she has received the permit,
approval, authorization, or recommendation of a government agency, public
interest group, or another business operator, and the consumer consequently
enters into a transaction with such business operator.
(4).A business operator is suspected of engaging in behavior sufficiently
deceptive to affect the trading order, of publishing false advertising, or of
using misleading expressions.
Article 19. When dealing with a consumer dispute case, if the enforcement authority or consumer
ombudsman finds that one of the following situations exists with respect to a
business operator, such enforcement authority or consumer ombudsman may publicize
such business operator's name, address, the product or service in dispute, and the
particular problematic conduct of the business operator on the Internet or in the
media:
(1).After the enforcement authority or consumer ombudsman has summoned a business
operator to a meeting to clarify the facts of a consumer dispute case or to
negotiate a resolution, such business operator fails, without any just cause,
to appoint personnel to attend such meeting.
(2).After reaching an agreement in a consumer dispute case negotiation as referred
to in the preceding subparagraph, a business operator fails, without any just
cause, to carry out such agreement.
(3).A business operator refuses to accept the return of products or the rescission
of a contract in accordance with the paragraph 1 of Article 19 of the Consumer
Protection Act.
Article 20. The enforcement authority shall designate the specific personnel to carry out
consumer protection matters and relevant contact work.
Article 21. If the enforcement authority or consumer ombudsman investigates a business operator
outside the jurisdiction of the City, such enforcement authority or consumer
ombudsman shall inform or carry out such investigation along with the competent
authority or consumer ombudsman for the assistance.
Article 22. During the investigation, the enforcement authority or the consumer ombudsman, when
necessary, may request the City Government's Police Department to dispatch law
enforcement personnel for the assistance.
Article 23. When necessary, an enforcement authority or consumer ombudsman may entrust a
consumer protection group to handle the following matters:
(1).Conducting surveys, comparisons, inspections, or research of the prices,
qualities, and labeling of products or services;
(2).Conducting surveys, perform analysis, and making conclusions with respect to
consumer opinions; and
(3).Conducting consumers’ educational dissemination.
Article 24. 1.After obtaining approval from the Mayor of the City Government, the enforcement
authority may award a certificate of merit or medal or provide financial rewards
or subsidies to a consumer protection group that is effective in promoting
consumer protection in the City.
2.If the actor, as presented in the preceding paragraph, is an individual or
non-consumer protection group may have appropriate rewards.
Article 25. Where a consumer dispute arises between a consumer and a business operator due to
issues with a product or service, and one of the following situations applies to
such dispute, a consumer may file a complaint to the City Government's consumer
service center:
(1).The business operator's business office or firm is located in the City.
(2).The contract has been executed or performed in the City.
(3).The act of infringement took place in or the result thereof occurred in the
City.
(4).The consumer’s domicile or residence is located in the City.
(5).Some other consumer relationships happen in the City.
Article 26. 1.After accepting a complaint, the consumer service center shall, according to the
nature of the complaint, transfer such complaint to the enforcement authority
for handling. The enforcement authority shall inform the consumer of the handling
situation of the complaint within 30 days starting from the date of the transfer
and notify the consumer service center.
2.If the enforcement authority does not notify the consumer service center of the
result of the complaint within 30 days starting from the date of the transfer,
the consumer service center may transfer the complaint to the consumer ombudsmen
and notify the enforcement authority to improve its handling of such matters.
Article 27. 1.When handling the consumer dispute complaint cases, the enforcement authority
shall comply with the following procedures:
(1).If the agency has no jurisdiction over the complaint, such complaint shall be
recorded and transferred to the competent agency.
(2).If the agency has jurisdiction over the complaint, it shall send a notice to
the business operator and order such business operator to deal with the
complaint appropriately within 15 days after the date the business operator
receives such notice. If the agency would like to learn the relevant facts
and processes, it may order the business operator to provide a reply after
investigation.
(3).If the business operator does not deal with the complaint appropriately and
the enforcement authority determines that the complaint is merited, the
enforcement authority shall set a date and order the business operator and
the complainant to appear before the enforcement authority to clarify the
facts and negotiate a resolution.
(4).If a complaint cannot be appropriately resolved according to the measures
stipulated in the two preceding subparagraphs, the enforcement authority shall
send a letter of the result of the complaint procedure as a reply to the
complainant and shall notify the business operator and the City Government's
consumer service center of such letter. The enforcement authority may also
transfer the complaint to a consumer ombudsman for further handling.
2.The enforcement authority shall notify the City Government's consumer service
center and the complainant regarding all of the processes stipulated in the
preceding paragraph.
Article 28. When handling the consumer dispute complaint cases, the consumer ombudsman shall
comply with the following procedures:
(1).If the complaint is not related to a consumer dispute, such complaint will be
recorded and transferred to the competent authority and the complainant will
be notified of the same.
(2).If the consumer ombudsman has no jurisdiction over the complaint, such
complaint will be recorded and transferred to the consumer ombudsman who has
the competent authority and the complainant will be notified of the same.
(3).If the complaint has not yet been dealt with by the business operator, such
complaint will be recorded and the relevant materials shall be transferred to
the business operator for further appropriately handling within 15 days
starting from the date the business operator receives such notice, and the
business operator shall respond straightly to the complainant and the consumer
ombudsmen shall be notified of the same. If there is a need to learn the
relevant facts and processes, the consumer ombudsmen may order the business
operators, the consumer service center, the consumer protection groups, or the
relevant agencies to provide relevant materials or require the business operator
to provide a reply after investigation.
(4).If the complaint involves issues regarding the legal regulations, the consumer
ombudsmen may request the relevant agencies or organizations to explain and
provide information for the consumer ombudsmen's reference.
(5).When necessary, the consumer ombudsmen may order the business operator and the
complainant to appear before him/her to clarify the facts and negotiate a
resolution.
(6).If the business operator and the consumer have reached an agreement on the
resolution of a complaint, the consumer ombudsmen shall make negotiation records
thereof, and may send such records to the parties when necessary; if a complaint
cannot be appropriately dealt with, the consumer ombudsmen shall send a handling
notice to the complainant and copy such notice to the business operator, and
inform the complainant that he/she may apply to the City's consumer protection
mediation committee for mediation or file a consumer litigation in the court.
Article 29. The consumer ombudsmen handling a complaint may, when necessary, notify the
enforcement authority to dispatch personnel to attend the meeting.
Article 30. 1.If the consumer thinks the complainant of consume dispute has not been responded
appropriately, he/she may further apply to the City’s consumer protection
mediation
2.Where both of the parties to the consumer dispute mediation case have domiciles in
the City, the parties must apply to the City's consumer protection mediation
committee for mediation. If there is one of the following situations, the consumer
may also apply to the City's consumer protection mediation committee for mediation:
(1).The consumer’s domicile or residence is located in the City.
(2).The business operator’s business office or firm is located in the City.
(3).The consumer relationship happens in the City.
(4).Both of the parties have consented to apply to the City’s consumer protection
mediation committee for mediation.
3.Where mediation successfully achieves the resolution of a consumer protection
mediation case, a letter of mediation shall be made in writing and shall be
submitted to the competent court for its approval; the mediation approved by the
court shall have the same effect as a binding judgment under the civil litigation.
Where the mediation is unsuccessful, a certificate stating that the mediation did
not resolve the dispute shall be issued to the mediation applicant, and if the
applicant initiates litigation pursuant to the law, he/she may attach the
certificate to the pleading.
Article 31. Each enforcement authority or consumer ombudsmen shall keep the information learned
when dealing with a consumer dispute complaint confidential pursuant to the laws,
and shall not disclose or misuse or provide someone else to use such information.
Once it has been found that the conduct alleged in the complaint may commit a crime,
such complaint shall be transferred to the police agency or the prosecutor to deal
with.
Article 32. The business operator using standard form contract but violating the mandatory or
prohibitory provisions publicly proclaimed under the first paragraph of the Article
6 shall be punished in accordance with the Article 56-1 of the Consumer Protection
Act, and additional punishment may be imposed for each successive instance of
failures.
Article 32-1. For the business operator in violation of the Article 7 to Article 9, the
enforcement authority shall make an adjudication requiring the business operator
to effect improvement within the designated time period; if the business operator
is failure to fully effect the improvement within the prescribed time limit, the
enforcement authority shall impose a fine between NT$30,000 and NT$100,000, and
additional punishment may be imposed for each successive instance of failures.
Article 32-2. 1.Through exhibitions as the way to sell products or services, the business
operator (hereinafter referred to as “the vendor”) participating the event
shall meet the following rules and must submit the relevant certified documents
to the event planner for examination before his/her participation:
(1).Where the business the vendor operates shall be permitted by the industry
competent authority, the vendor shall submit the business license issued by
the industry competent authority.
(2).Where the products or services the vendor sells shall come with performance
guarantee, based on the natures of the products or services, or in accordance
with the relevant regulations, the vendor shall provide the performance
guarantee.
2.For the exhibition, the event planner shall examinate the relevant certified
documents the vendors submit. After exanimating and discovering that the vendor
fails to meet the requirements of the preceding paragraph, the event planner
shall deny the vendors’ application for this event for exhibition.
3.Where the event planner fails to examinate the required documents pursuant to
the preceding paragraph 1, or after exanimating and discovering that the vendor
fails to meet the requirements of the preceding paragraph 1, the event planner
does not deny the vendor’s application for this event for the exhibition, the
event planner shall be imposed a fine between NT$30,000 and NT$100,000.
Article 32-3. 1.Through exhibitions as the way to sell products or services, during the
exhibition the event planner, discovering the products or services provided by
the business operators causing damages to the consumer’s tights seriously,
shall notify each enforcement authority or the consumer ombudsman immediately.
2.The event planner in violation of the preceding paragraph shall be imposed a
fine between NT$30,000 and NT$100,000.
Article 33. A business operator refusing, evading, and obstructing the investigations conducted
by the enforcement authority or the consumer ombudsman in accordance with paragraph
1 of the Article 16 shall be punished pursuant to the Article 57 of the Consumer
Protection Act.
Article 34. A business operator failing to comply with the orders, made by the enforcement
authority or the consumer ombudsman in accordance with paragraph 2 of the Article 16,
shall be punished pursuant to the Article 58 of the Consumer Protection Act, and
additional punishment may be imposed for each successive instance of failures.
Article 35. Where a situation as listed in the Article 17 exists with respect to a business
operator, in addition to the required dispositions in accordance with the Article 17,
the business operator may also be punished pursuant to the Article 59 of the Consumer
Protection Act.
Article 36. For the investigations, dispositions, and penalties, pursuant to this Self-Government
Ordinance, shall be conducted by each enforcement authority and consumer ombudsman in
the name of the competent authority.
Article 37. This Self-Government Ordinance is effective from the date of promulgation. |