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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:44
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Chapter Law Content

Chapter 1. General Provisions
Article 1
This Act is established to prevent and combat fraud hazards, prevent and stop fraud crimes through the inappropriate use of finance, telecom, and Internet, and protect the rights and interests of victims and citizens.
Article 2
The terms used in this Act are defined as follows:
1.Fraud crime: Refers to the following offenses:
(1) Offenses under Article 339-4 of the Criminal Code.
(2) Offenses under Article 43 or Article 44 of the Criminal Code.
(3) Other crimes related to the preceding two items that are adjudicated based on a single crime.
2.Financial institutions: Institutions specified in paragraph 1, Article 5 of the Money Laundering Control Act.
3.Businesses or personnel providing virtual asset services: Refer to businesses or personnel providing virtual asset services specified in paragraph 4, Article 5 of the Money Laundering Control Act.
4.Telecom business: Refer to telecom businesses specified in subparagraph 1, paragraph 1, Article 3 of the Telecommunications Management Act.
5.Online advertisement platform operators: Refer to the final online advertisement platform operators that provide services to post or disseminate advertisements, collect considerations, and have contact with citizens through online platforms or spaces.
6.Third-party payment service providers: Refer to electronic payment institutions not governed by The Act Governing Electronic Payment Institutions, which provide online transaction payment collection services.
7.E-commerce companies: Refer to companies that mainly engage in product retail via the Internet or operate online platforms that allow others to retail products.
8.Online Gaming operators: Refer to entities that operate online gaming services and publishers who publish online game points exclusively for exchanging online game services or products.
Article 3
The competent authority in this Act refers to the Ministry of the Interior at the central level; municipal governments at the municipality level; the county (city) governments at the county (city) level.
The competent authority and the target business competent authorities authority shall proactively plan for necessary preventive and promoting measures for matters specified in this Act and the requirements for preventing fraud crimes, fully cooperate with prevention work involving relevant authorities, and otherwise perform the following matters:
1. Competent central authority: Research, plan, establish, and interpret policies, regulations, and programs for fraud crime prevention; oversee other related matters.
2. Competent financial authority: Plan, promote, implement, and supervise financial management measures related to fraud crime prevention.
3. Competent telecom authority: Plan, promote, implement, and supervise telecom management measures related to fraud crime prevention.
4. Competent authority for industries related to the digital economy: Plan, promote, implement, and supervise management measures related to online advertisement platforms, third-party payment services, e-commerce, and online gaming in the context of fraud crime prevention.
5. Competent legal affairs authority: Deal with investigations, enforcement, recidivism prevention of fraud crimes, victim protection, and other criminal- justice-related matters.
6. Other fraud crime prevention work shall be organized by relevant target business competent authorities based on their respective jurisdictions.
If matters in the preceding subparagraphs involve the responsibilities or operations of different authorities (institutions), governmental agencies (institutions) at all levels shall cooperate accordingly.
Article 4
Competent authorities and relevant target business ompetent authorities may promote the following initiatives through subsidies, rewards, or consultations:
1. Fraud prevention education and awareness campaigns.
2. Technical guidance on fraud prevention.
3. Facilitation of cooperation between industries and academic and research institutions for fraud prevention.
4. Encouragement of the investment in the cultivation of fraud prevention talent.
5. Enhancement of resources for fraud prevention personnel.
6. Encouragement or assistance in the use of appropriate technologies or emerging technologies to develop and reinforce fraud prevention measures.
7. Other initiatives facilitating fraud prevention and relevant research and development.
Regulations for targets of the subsidies, rewards, and consultation in the preceding paragraph, including qualification and conditions, review standards, application procedures, approval agencies, and other relevant matters shall be established by the competent authority and the target business competent authorities.
Article 5
The competent authority and the target business competent authorities shall work with industries or civil groups to actively conduct the prevention, detection, protection, and other related activities against fraud crimes, as well as engage in various cooperation initiatives with governments of different countries or international non-governmental organizations.
Article 6
The competent authority, the target business competent authorities, and the entities mentioned in subparagraphs 2 to 8 in Article 2 shall regularly conduct education and training to enhance their personnel’s awareness of fraud crime prevention.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)