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Chapter Law Content

Title: Retail Market Management Regulation CH
Category: Ministry of Economic Affairs(經濟部)
Chapter II : Public Market
Article 8
For establishment, modification or expansion of a public market, the local competent authority shall review the following documents. For construction attributable to the municipal or county (city) competent authority, said agency shall review and manage on its own. For construction attributable to the village (township, city) competent authority, the project shall be submitted to the county competent authority for approval:
1. Project plan
2. Financial plan
3. Business plan
4. Stall (store) quantity
5. Categories and segments layout by scope of stall (store) businesses
6. Market layout plan
7. Market location map
Article 9
The priority of stall (store) use in a public market is as follows:
1. Those who have concluded market stall (store) contracts with the original competent authority establishing a public market.
2. Those established for special purposes through guidance of municipal, county (city) or village (township, city) competent authorities.
3. Those who have obtained general vendor permits.
4. Those that are publicly recruited by competent authorities of public markets.
It will be deemed as a waiver of qualifications if preceding users fail to execute the contract within fifteen days from the day after receiving the qualification notice.
Article 10
To apply for a stall (store) in the public market, fill out an application form and submit it to the competent authority of the public market. Upon approval, the applicant shall enroll for membership in a market self-governance organization within one month from the next day of concluding the contract before running the business.
For modification or expansion of the original market applied, the applicant shall enroll for membership in a market self-governance organization within one month from the next day of concluding the contract before running the business. For new market applications, the applicant shall establish a market self-governance organization within fifteen days from the next day of concluding the contract upon approval for use of a stall (store) in the public market and become a member within fifteen days from the next day of founding the market self-governance organization before running the business. Operation may not be stopped without approval of the competent authority of the public market after running the business.
The applicant set forth in paragraph 1 shall has attained the age of majority and have registered his/her household in said municipal city or county (city). Unless approved by the competent authority to establish a public market, there shall be one stall (store) per household.
If the applicant set forth in paragraph 1 is married before the implementation of the revised article on December 31, 2020, even if the applicant is below the age of eighteen before January 1, 2021, the previous article shall still be applicable for the applicant.
The applicant set forth in paragraph 1 shall run the business on his/her own without lease transfer or sublease and shall not assign the stall (store) within two years.
The municipal or county (city) competent authority shall determine the qualification, conditions, application procedures and other compliance matters for the assignee mentioned above.
Article 11
The stall (store) in the public market shall be effective for four years.
Upon expiration of the preceding deadline, the original user may apply for continued use in the six months prior to expiration, while the competent authority of the public market shall determine whether to approve the request for continued use before expiration.
Article 12
The user of the stall (store) in the public market shall pay the charge for use and the administration fee for self-governance on time. The application for continued use will be denied if there is payment owed.
The competent authority of the public market shall determine the items and rates for charge of use. The self-governance organization shall establish the calculation method for administration fees and submit the same to the competent authority of the public market for reference.
For failure to pay the charge of use set forth in paragraph 1 by user of the stall (store) in the public market when due, the late payment fee will be calculated by 1% of the overdue amount per two days overdue from the next due date; only the late payment fee is subject to 15% charge of use payable.
Article 13
The user of the stall (store) in the public market shall obtain approval from the competent authority of the public market to suspend business for more than seven days. The suspension of business shall not exceed fourteen days each time and the accumulated suspension period shall not exceed four months in one year. During the suspension period, the user shall pay the charge of use and self-governance administration fees pursuant to regulations.
Article 14
The user of the stall (store) in the public market shall use original equipment for operation without change in location, specification or type of business. If additional advice or equipment is required, the drawing, as well as an explanation, shall be reported to the competent authority of the public market for approval in advance.
The user shall demolish preceding advice or equipment unconditionally upon termination of the contract and restore the location to its original state. For failure to demolish and restore it by the deadline set forth in the notice, the competent authority of the public market may demolish it on behalf and at cost to the user, unless there an agreement is otherwise concluded.
Article 15
Where one of the following circumstances occurs with the user of the stall (store) in the public market, the name of the user can be changed:
1. The user dies, and his/her successors shall recommend one among them to apply for the change within six months from the day of succession.
2. The user finds it impossible to operate it in person due to physical or mental disability or poor health from aging, and his/her spouse and linear relatives living together shall recommend one among them to apply for the change within six months from the day of occurrence.
Article 16
The user of the stall (store) in the public market shall comply with the following regulations:
1. Do not obstruct market modifications or remodeling managed by the competent authority.
2. Do not use the stall (store) as collateral for debts.
3. Do not evade, interrupt or reject supervision or surveys regarding market operations made by the competent authority.
4. Accept the management and consultation of the competent authority.
5. Cooperate with overall cleaning or sterilization of the market periodically.
6. Do not behave in a way that is detrimental to hygiene or cleanliness or violates public safety or public order.
7. Business hours shall not exceed the regulations of the self-governance organization.
8. The stand, display shelf and operational facilities in the market shall be established according to the plan.
9. The stall (store) and products shall be arranged in an orderly fashion without crossing the boundary or occupying the walkway.
10. No fire ignition devices are allowed in the stall (store) other than food or beverage stalls (stores).
11. Do not modify the stall (store), in whole or in part, for any other purpose or for residence altogether.
12. Do not set the stall outside the market for operation.
13. Resolutions of self-governance meetings.
14. Other matters stipulated by the competent authorities.
Article 17
For a market stall (store) recalled upon termination or cancellation of contract in accordance with article 23, 29 or 31, the competent authority of the public market may accept the application for use of the stall (store) in accordance with paragraph 1 of article 9.
Article 18
The competent authority of the public market may have administrative personnel handle the following market management works:
1. Supervision of public safety in the market.
2. Supervision of public order in the market.
3. Supervision of environmental hygiene in the market.
4. Supervision of public facilities maintenance in the market.
5. Collection for charges of stall (store) use.
6. Report and handle the violation of stall (store) users of these regulations.
7. Report illegal vendors in or around the market.
When handling matters set forth in paragraphs 1 to 4 above, the administrative personnel may ask for the help of police, fire, environmental protection and health related agencies. The agencies being requested shall not reject the request without just reason.
Article 19
The users of the stalls (stores) in the public market shall establish a self-governance organization and implement the following matters under supervision of the competent authority and administrators of the public market:
1. Maintain public safety in the market.
2. Maintain public order in the market.
3. Manage environmental hygiene in the market.
4. Maintain public facilities in the market.
5. Report and handle the violation of stall (store) users of these regulations.
6. Report illegal vendors in or around the market.
7. Other matters stipulated by competent authorities.
The sources of the budget for a self-governance organization to implement the preceding market management tasks are as follows:
1. The self-governance administration fee paid by stall (store) users.
2. Subsidy or donations received.
3. Other service incomes.
The sources of budget for self-governance organizations to implement the preceding market management tasks are as follows:
The self-governance organization is a capable entity that shall be responsible for and report to a membership meeting.
The municipal or county (city) competent authority shall determine the establishment, implementation items, articles of the organization, meeting procedures, establishment time and other matters as required.
Article 20
With concurrence of three fourths of stall (store) users, the public market may be alternatively operated as a single operation entity upon approval by the municipal or county (city) competent authority of the business plan submitted. The municipal or county (city) competent authority may subsidize equipment as required for improved operation, while the subsidy regulations shall be determined by the municipal or county (city) competent authority.
The competent authority of the original public market may guide stall (store) users who fail to participate in the preceding joint operational stall (store) for transfer or alternative allocation of a vacant stall (store) in another market.
Article 21
In the case that the actual stalls (stores) used are less than one third of the total stalls (stores), the competent authority of the public market may stop use of the entire market or an entire floor of the public market, or allocate the original stall (store) users to vacant stalls (stores) in another market.
Article 22
The competent authority of the public market may stop use of the entire market or an entire floor of the public market, or allocate the original stall (store) users to vacant stalls (stores) in another market if it is required by policy, urban-rural reformation or where there is no longer a commercial function available.
Article 23
In the case that the stall (store) users of the public market fail to make corrections by the deadline set forth in a written notice where one of the following circumstances occurs, the use of the stall (store) will be abolished, the contract will be terminated, and the stall (store) will be recalled:
1. Assign, transfer or sublease the stall (store) without permission.
2. Fail to apply for change of user within the deadline specified in the provisions of article 15.
3. The charge of use and self-governance administration fees have been overdue for two months.
4. Fail to start the business in one month from the day after concluding the contract.
5. The accumulated suspension of the business upon approval exceeds four months within one year.
6. Suspend the business without approval and the accumulated suspension period exceeds one month within one year.
7. Fail to resume business by the expiration of the suspension period.
8. Fail to enroll for membership of a self-governance organization within one month from obtaining the stall (store) permit.
9. Running stall outside the market.