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Chapter Law Content

Title: Act governing the administration of professional engineering consulting firms CH
Category: Public Construction Commission, Executive Yuan(行政院公共工程委員會)
Chapter Four Guidance, Rewards & Penalties
Article 26
To upgrade the engineering technological level and ensure sound development of professional engineering consulting firms, the competent authority may render incentives and guidance to professional engineering consulting firms. The facts entitled to incentives, methods and regulations for guidance shall be enacted by the competent authority. 
Article 27
A professional engineering consulting firm meeting any of the following facts shall be ordered for business shutdown and subject to a penalty ranging from NT$500,000 as minimum and NT$2.5 million as the maximum:
1.Violating Article 8, Paragraph 1 by rendering business operation without obtaining the registration certificate from the competent authority. 
2.Violating provision set forth in Article 16. 
3.Violating Article 18, Paragraph 2 by contracting projects during the suspension period.
In violation of Subparagraphs 2 and 3 of the preceding paragraph, the competent authority shall abolish its permission and revoke its registration certificate and inform the competent authority in charge of incorporation registration to abolish its incorporation registration or the registration in part. 
Article 28
One who borrows, leases, fakes or alters the registration certificate for professional engineering consulting firm shall be subject to a penalty ranging from NT$500,000 as the minimum and NT$2 million as the maximum.
Article 29
Where a professional engineering consulting firm meets any of the following facts, the competent authority shall order that corrective action be completed within the specified time limit. In the event that the firm fails to complete the corrective action within the specified time limit or repeats the violation after corrective action, the firm shall be subject to a penalty ranging from NT$100,000 as the minimum and NT$500,000 as the maximum. The competent authority may impose penalties successively for each violation and demand that the corrective action be completed within the specified time limit. In a gross violation, the competent authority may suspend the firm from business operation for a period ranging from one month as the minimum to one year as the maximum: 
1.Violating provisions set forth in Article 5. 
2.Violating provisions set forth in Article 6. 
3.Violating provisions set forth in Article 7. 
4.Violating provisions set forth in Article 13. 
5.Violating provisions set forth in Article 17. 
6.Violating provisions set forth in Article 20, Paragraph 2.
7.Violating provisions set forth in Article 22 by refusing, impeding or evading the inspection.
The one who has been assigned by a professional engineering consulting firm to oversee the business operation shall be subject to the penalty as set forth in the preceding paragraph if violating Article 17, Paragraph 3.
Where a professional engineering consulting firm meets any facts set forth in Paragraph 1 in gross offense, the competent authority may abolish its permission and revoke its registration certificate and inform the competent authority in charge of incorporation registration to abolish its incorporation registration or revoke registration in part.
Article 30
Where a licensed professional engineer of a professional engineering consulting firm violates business related laws or regulations while rendering business operation, the licensed professional engineer shall be penalized in accordance with the laws and or regulations concerned. Except for the situations below, the competent authority may impose upon the professional engineering consulting firm a penalty ranging from NT$100,000 as minimum and NT$500,000 as maximum and demand that the firm to oversee its licensed professional engineer to complete corrective action within the specified time limit. Should the licensed professional engineer fail to complete the corrective action within the specified time limit, the penalty may be imposed successively until the corrective action is satisfactorily completed:
1.Where the professional engineering consulting firm has tried by all available means to prevent the violation from occurring.
2.Where other laws or regulations concerned call for a stiffer penalty.
Article 31
Where the National Association or a local association violates any situations set forth in Article 25, Paragraph 1, the competent authority in charge of the commercial organizations may impose a penalty ranging from NT$100,000 as the minimum and NT$500,000 as the maximum.
Article 32
Where a professional engineering consulting firm meets any of the following facts, the competent authority shall order that corrective action be completed within the specified time limit. In the event that the firm fails to complete the corrective action within the specified time limit or repeats the violation after the corrective action, the firm shall be subject to a penalty ranging from NT$20,000 as the minimum and NT$100,000 as the maximum. The competent authority may impose penalties successively for each violation and demand that the corrective action be completed within the specified time limit. In a gross violation, the competent authority may impose a penalty of a warning:
1.Violating provisions set forth in Article 8, Paragraph 1 by rendering business operation without joining the association.
2.Where its licensed professional engineer(s) violate(s) Article 12. 
3.Violating provisions set forth in Article 14, Paragraph 1 by failing to report to the competent authority for information when its licensed professional engineer(s) quit(s) or receive(s) penalty for suspension from business; or violating Article 14, Paragraph 2 by failing to terminating the contract or consign the business for the business contract(s) having been accepted. 
4.Violating provisions set forth in Article 15, Paragraph 1 by failing to apply with the competent authority for the permission for change of entries specified in the firm’s registration certificate, director(s), or shareholder(s) in charge of business operation or representing the firm; or violating Article 15 , Paragraph 2 by failing to get the registration certificate replaced; or violating Article 15, Paragraph 3 by failing to apply for a change in the roster of the supervisor(s) or the licensed professional engineer(s). 
5.Violating provisions set forth in Article 21.
6.Violating provisions set forth in Article 23. 
Article 33
Where a professional engineering consulting firm has received up to three warning penalties in accumulation within five years, the competent authority shall impose a penalty for suspension from business operation for a period ranging from three months as minimum to one year as maximum. Where a professional engineering consulting firm has received up to three suspension penalties in accumulation within five years, the competent authority may abolish its permission and revoke its registration certificate and inform the competent authority in charge of incorporation registration to abolish its incorporation registration or revoke registration in part. 
Article 34
Where a professional engineering consulting firm receives a penalty from the competent authority by revoking or abolishing its permission and revoking its registration certificate for professional engineering consulting firm, its directors, shareholders in charge of business operation or representing the firm, or the manager of a foreign firm’s branch in Taiwan shall not apply for incorporation of a professional engineering consulting firm in accordance with this Act within three years from the day next to revocation or abolition of the permission and revocation of the registration certificate.
Article 35
Where a licensed professional engineer violates provisions set forth in Article 12, Article 13 or Article 17, Paragraph 2 and receives demand from the competent authority that the corrective action be completed within the specified time limit but fails to complete the corrective action within the specified time limit or repeats the offense after the corrective action, the competent authority shall, in addition to the penalty imposed upon the professional engineering consulting firm in accordance with this Chapter, refer the case in accordance with the Professional Engineers Act for discipline.