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Chapter Law Content

Chapter I Rules of Application
Article 1
This Act shall apply to fines, forfeiture, and other types of administrative penalties for breach of duty under administrative law, unless it is otherwise prescribed by other applicable laws.
Article 2
In this Act, "other types of administrative penalties" means the following categories of adverse actions of a punitive nature:
1. Restrictive and prohibitive actions: Actions imposing restrictions on or suspension of business; suspension of certificates or licenses; orders to stop the work or to discontinue the use; no passage of vehicles; prohibition on entry into or exit out of harbors, airports or specific places; prohibition on production, sales, export or import; prohibition against application or other restrictions on or prohibition against doing certain acts;
2. Actions of deprivation or abolition of eligibility or rights: Orders to wind up business; orders of dissolution; revocation or annulment of permits or registration; revocation of certificates or licenses; compulsory dismantlement; or other actions of deprivation or abolition of specific eligibility or rights;
3. Actions against reputation: Publicizing personal or trade names or photographs or other similar actions; and
4. Actions of disciplinary warnings: Disciplinary warnings; reprimands; recording of points for violation; recording of times of violation; reformatory courses, supplemental training classes or other similar actions.
Article 3
In this Act, the term "actor" denotes a natural person, a juristic person, an unincorporated body having a representative or manager, a central or local government agency or any other form of organization, who or which commits an act in breach of his or its duty under administrative law.
Article 4
An act in breach of duty under administrative law is punishable only if it is explicitly prescribed so by law or by any self-governing ordinance in force at the time when the act is committed.
Article 5
In the case of change in law or self-governing ordinance after the commission of the act, the law or self-governing ordinance in force at the time when sanction was therefor imposed shall apply; provided, however, that the provision most favorable to the person punished shall apply if the law or self-governing ordinance in force prior to the imposition of the sanction is more favorable to him.
Article 6
This Act shall be applicable to any act in breach of duty under administrative law that is committed within the territory of the Republic of China and is punishable.
An act in breach of duty under administrative law committed on board a vessel or aircraft of the Republic of China outside the territory of the Republic of China or within an area subject to jurisdiction of the Republic of China by law shall be punished in the same manner as if it were an act committed within the territory of the Republic of China.
Where either the commission of an act in breach of duty under administrative law or the consequence resulting therefrom takes place within the territory of the Republic of China, it shall constitute a breach of duty under administrative law committed within the territory of the Republic of China.