To manage the street vendors in Taiwan Province, the Ministry of Economic Affairs (hereinafter referred to as “the Ministry”) has hereby established these Regulations.
The street vendors referred to herein are categorized as follows:
1. Regular street vendor: vendors approved by competent authorities to establish a fixed spot for selling goods appointed other than the market.
2. Mobile street vendor: vendors approved by competent authorities to sell goods carried by shoulder or in mobile stalls or various vehicles.
The central competent authority referred to herein means the Ministry of Economic Affairs, and the competent authorities in counties (cities) shall be the county (city) government, and village (township, city) offices in the village (township, city) area.
The construction unit shall manage the planning, registration, certificate issuance and management of street vendors; the police unit shall manage law enforcement against violating vendors.
Current public or private market stalls (stores) shall accommodate vendors as much as possible. In the case that the market stalls are inadequate, the competent authorities shall specify the temporary centralized area (section) and business hours for street vendors together with associate agencies and issue the certificates for management.
There must be a layout for the centralized area (section) and business hours for street vendors depending on actual conditions, and vendor facility standards shall be established as necessary.
For retail sales of locally produced seasonal products, there may be an appropriate location divided from a temporary centralized area (section) for temporary stalls established by the retailers after surrendering a management fee and cleaning service charge within a limited time, which shall not exceed five days every week.
The centralized area (section) shall be arranged by business categories of the vendors. The same area (section) may accommodate morning, day and night three kinds of vendors in different times.
The competent authorities may determine the local business hours for morning, day and night vendors above, as the case may be.
When the temporary centralized area (section) for vendors needs to be moved due to change of environment, destruction of the scenery of the city, traffic obstruction or other accidents, the competent authority shall announce the appointed moving area (section) one month in advance and notify vendors to move, respectively.
For application for a vendor permit, the vendor shall have a local household registered for at least six months and satisfy one of the following regulations:
1. A low income household registered to the government.
2. Existing vendor with certificate or registration.
3. Physically or mentally disabled receiving handbook for the handicapped.
4. A person without constant occupational income approved by the head of the neighborhood and on whom the family is dependent.
The locale referred to above means the administrative region under jurisdiction of the competent authority of the provincial city or township (town, city) where the application is received.
Street vendors shall obtain approval from the competent authorities and acquire vendor permits, as well as enroll as members of the vendor association before running the business.
For areas without an established vendor association pursuant to regulations, the competent authorities shall guide the establishment of vendor associations.
For the vendor permit application, the application form must be filled out and submitted along with related documents to the competent authority of a provincial city or township (town, city) for review and management.
The preceding vendor permits are categorized into regular and mobile vendors; both are valid for three years. For those intending to continue the operation, the application shall be filed again one month prior to expiration.
One household is entitled to apply for one vendor permit as set forth in paragraph 1.
No mobile vendor permit is allowed in an important urban area (section), tourism area, close to market, important traffic routes or for food vendors
The street vendor shall pay the management fee and cleaning service charge of each month once by the end of said month. The competent authorities shall determine the rates based on floor space, location and type of business.
Street vendors shall comply with regulations as follows:
1. Run the business within appointed area (section) and time.
2. Equipment and goods sold shall be arranged in an orderly fashion and keep the environment clean.
3. Mobile stalls shall not be mounted to the ground, and the stall shall be removed from the current location by the end of daily operation.
4. Food equipment and food of the vendor shall satisfy standards of health related laws and shall always be kept clean.
5. There must be a watertight container with a cover to preserve wastes which must be kept clean at all times.
6. The storage of dangerous oil and explosive or flammable objects is prohibited.
7. The permit shall be hung up in an obvious spot during business hours.
8. The stall of a regular vendor may not be used as residence.
9. No behavior detrimental to hygiene, traffic, or public order, generating noise or violating regulations is allowed.
The competent authorities shall designate a vendor association to assist on the following matters. Where there is no vendor association, the competent authority shall hire vendor management personnel for handling:
1. Public order maintenance.
2. Maintenance of environmental health.
3. Lodging an accusation or report to violating vendors.
4. Collecting various fees.
5. Other vendor related management and handling matters.
The vendor association may ask local police and health units to cooperate with management of the preceding matters.
Where one of the following circumstances occurs with the vendor, the vendor permit shall be revoked.
1. Where there is a false or unreal item in the application.
2. The type, location or time of business is changed without permission.
3. The business is suspended without cause for over three months.
4. The stall is rented out, assigned or delivered to others for running a business on the vendor’s behalf.
5. The vendor or his/her spouse obtains a stall in the market.
6. Fail to move to the appointed area (section) by deadline set forth in article 6 without reason.
7. Job transfer via governmental guidance.
8. The household registration has been removed from the original provincial city or township (town, city) where the permit was issued.
9. Owes sales tax, management fee or cleaning service charge for three months.
If a permit is revoked by the competent authority due to one of the circumstances set forth in paragraphs 3 to 7, no further application is allowed.
For violation of these regulations, the punishment shall be managed in accordance with the Traffic Penalty Rules, Food Sanitation Management Law, Waste Disposal Act, Administrative Execution Act and other related laws.
The format of the book, table and certificate under these regulations shall otherwise be determined by the Ministry.
These Regulations shall be effective as of July 1, 1999.