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

Print Time:2024/12/12 07:38
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Chapter Law Content

Title: Factory Management Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 5 Punishment
Article 28-13
Under any of the cases provided in Paragraph 1 of Article 28-9, the competent authorities of Municipal City and Count (City) shall order the factories registered as certain factories to improve within the prescribed time and shall punish the persons in charge of such factories with an administrative fine of more than one hundred thousand New Taiwan Dollars (NT$100,000) but no more than five hundred thousand New Taiwan Dollars (NT$500,000), and should such factories fail to improve within the prescribed time, the competent authorities of Municipal City and Count (City) shall abolish the registration of the factories as certain factories.
Article 28-14
Where a factory is under any of the following circumstances, the competent authority shall impose a fine of not less than NT$50,000 and not more than NT$5,000,000 on the responsible person of the factory, and shall order the factory to make rectifications or file a report within the prescribed deadline; failure to rectify or report by the deadline may result in consecutive penalties:
1. Violation of Paragraph 1, Article 21 for the failure to file a report on hazardous materials within the specified period of time.
2. Violation of Paragraph 2, Article 21 for the failure to comply with the regulations regarding the information to be reported or the reporting deadline prescribed thereunder or filing a false report.
Article 29
For factory manufacturing, processing or using dangerous article exceeding control violate paragraph 1 of Article 22 without public liabilities insurance, the responsible person of the factory shall be fine for NT$50,000 to NT$250,000 and shall be improved by deadline. For failure of compliance then, consecutive punishment shall apply.
Article 30
Where there is one of following circumstances occurs to the factory, central competent authority shall order the factory to suspend operation and complete factory registration by deadline. For engaging in manufacturing, processing without completion of registration, the person who conducts the activity shall be find for NT$20,000 to NT$100,000. For not compliance by deadline, the person who conducts the activity may be punished consecutively each time for NT$40,000 to NT$200,000 until suspension of operation:
1.Violate regulation set forth in paragraph 1 of Article 10 without completion of factory registration and engage in manufacturing and processing without permission.
2.Violate regulation set forth in paragraph 3 of Article 16 by failure to manage factory registration and engage in manufacturing and processing goods again for moving.
3.Continue manufacturing and processing after cancellation of factory registration in accordance with Article 24.
4.Continue manufacturing and processing after abolishment of factory registration in accordance with Article 25.
Article 31
Where a factory is under any of the following circumstances, the competent authority shall order the factory to make rectification, complete the application or file a report by the prescribed deadline. If the factory fails to make rectification, complete the application or file a report by the prescribed deadline, the responsible person of the factory shall be subject to a fine of not less than NT$10,000 and not more than NT$50,000, and if the factory still fails to do so, it may be subject to consecutive penalties:
1. Engagement in businesses other than manufacturing and processing goods by using partial or whole factory or building, except for businesses related with products manufactured.
2. Violation of Paragraph 3, Article 16 for the failure to obtain a new establishment permit or registration and engage in manufacturing and processing after the industry category is changed.
3. Violation of Subparagraph 1, Paragraph 1, Article 17 for the failure to meet the conditions imposed thereunder.
4. Violation of the quantity reduction or production cessation regulations announced under Subparagraph 3, Paragraph 1, Article 17.
5. Violation of Paragraph 1, Article 18 for the failure to file or provide related information or evade, interfere or reject investigation conducted thereunder.
6. Violation of Paragraph 3, Article 18 for the failure to make filings by the prescribed deadline or evade, interfere or reject investigation conducted thereunder.
7. Violation of Paragraph 1, Article 23 for the failure to make the monthly filing of material inventory.
8. Violation of Paragraph 2, Article 23 for the failure to comply with the filing requirements specified by the regulations established thereunder.
Article 32
For violation of paragraph 2 of Article 16, competent authority shall order the factory to manage change registration by deadline. Failure or prohibited from management by deadline, the responsible person of the factory will be fined for NT$5,000 to NT$25,000. For not compliance afterward, consecutive punishments shall apply.
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