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

Print Time:2024/10/15 03:12
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Chapter Law Content

Chapter Ⅲ Operations
Article 18
State-owned enterprise or chief managerial agencies shall submit their annual operating plans to the competent authorities for approval before the state of each fiscal year.
Article 19
State-owned enterprise are responsible for the sale of their own products. Where a joint sale is considered appropriate, the competent authorities shall prescribe the procedures thereof.
Article 20
The rates charged by public utilities shall be calculated in accordance with the formulas prepared either by state-owned enterprise or by chief managerial agencies. Such formulas, together with any changes thereof, shall be referred to the Legislative Yuan for approval.
Article 21
Unless otherwise authorized by the competent authorities, state-owned enterprise shall not purchase equipment or facilities deemed irrelevant to their operations.
Article 21-1
Where a state-owned enterprise constructs or operates, outside a port or wharf area, the loading and unloading facilities and other special facilities for the specifically selected goods, the state-owned enterprise shall submit it to and acquire approval of the competent authority in consultation with the Ministry of Transportation and Communications.
The area for the loading and unloading facilities and other special facilities for the specifically selected goods constructed or operated outside a port or wharf area by a state-owned enterprise shall be drafted by the state-owned enterprise, and shall be submitted to and delimited by the competent authority in consultation with the Ministry of Interior Affairs and relevant authorities.
Article 13, Article 15, Article 16, Articles 18 to 22, Articles 24 to 29, Article 31, Article 32, Articles 34 to 40, Article 54 and Article 75 of the Commercial Port Law shall apply mutatis mutandis to ship entry and exit, safety management, port management and pollution prevention of the loading and unloading facilities and other special facilities provided in Paragraph 1 of this Article.
In order to maintain public order within the area provided in Paragraph 2 of this Article and to handle violation of the provisions of the Commercial Port Law applicable mutatis mutandis under the preceding Paragraph, where assistance of a port police force is necessary, the state-owned enterprise may request approval of the competent authority in consultation with the Ministry of Interior Affairs for applying mutatis mutandis of Paragraph 1 of Article 5 of the Commercial Port Law.
Article 21-2
Anyone who violates the relevant provisions of the Commercial Port Law applicable mutatis mutandis under Paragraph 3 of the preceding Article shall be punished, depending upon the committed violation, by the competent authority in accordance with Articles 61 to 64, Subparagraphs 1 to 4 of Article 65, Subparagraphs 2, 4 of Paragraph 1, Paragraph 2 of Article 66, Subparagraphs 1 to 3, 5 to 8, 10, 11 of Article 67, Article 69 and Article 71 of the Commercial Port Law.
Article 22
State-owned enterprise shall obtain authorization from the competent authorities before signing contracts involving large transactions or long-term trading.
The criteria for determining the size of a transaction or the length of trading shall be prescribed by the competent authorities.
Article 23
( deleted )
Article 24
The competent authorities or chief managerial agencies shall take in charge when collectively procuring the raw materials and/or equipment required by state-owned enterprise are more adequate.
Article 25
During the trading or constructing processes, state-owned enterprise shall follow all bidding and contracting procedures in accordance with the regulations prescribed by the competent authorities. Related auditing procedures are prescribed in Article 17.
Article 26
State-owned enterprise shall adopt the most efficient measures and systems to manage their security facilities, employee training and technical administration.
Article 27
The employees of state-owned enterprise may elect representatives to represent them in meetings to discuss matters relating to production plans.
Article 28
Technical collaboration between state-owned enterprise and foreign countries shall be authorized by the competent authorities.
Article 29
The competent authorities shall according to the nature of each individual corporation, establish a set of criteria for evaluating the performance of state-owned enterprise.
Article 30
State-owned enterprise which are considered as the compulsory responsibility of the State and which make no profit during the initial stage of operation shall not be evaluated by the criteria of profit/loss in a certain period.
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