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Chapter Law Content

Title: Construction Industry Act CH
Category: Ministry of the Interior(內政部)
Chapter 8 Penal Provisions
Article 52
Any company practicing in the construction industry without permit or with a cancelled or abolished permit will be compelled to stop operation, and will be fined a sum of NT$1,000,000~10,000,000; in case of disobedience of the foresaid punishment and continuance of operation, consecutive punishment may be executed.
Article 53
Where a technical worker seriously infringes Article 29, he/she will be punished to stop executing operations in construction enterprises for 3 months to 2 years.
Article 54
In case of any of the following committed by a construction enterprise, a sum of NT$1,000,000~5,000,000 will be fined, and the permit will be abolished:
1.Use the registration certificate or projects contracting manual of another construction enterprise to do construction business.
2.Provide the registration certificate or projects contracting manual for others to use for operating construction business.
3.Contract works during closure.
The principals of the above-mentioned construction enterprises may not reapply for construction enterprise registration within 5 years commencing from abolishment of the permit.
Article 55
In case of any of the following committed by a construction enterprise, a sum of NT$100,000~500,000 will be fined:
1.Construction business is operated without the construction enterprise registration certificate or the projects contracting manual although being permitted.
2.Construction business is operated without joining in an association of construction enterprises.
3.Reexamination is not applied for or sampling reexamination is refused, encumbered or evaded with infringement of Paragraph 1, Article 17.
4.Necessary procedure is not handled according to Article 20 upon closure, closure punishment, recovery of operation, or termination.
In the occasion described in the above Subparagraph 1 or 2, the construction enterprise may be compelled to stop operating and to finish the necessary procedure. Where operating is continued without handling the procedure within the specified time limit and, consecutive punishment will be executed. In the occasion described in Subparagraph 4, where the supplementary procedure is not finished within the time limit notified by the competent authority, consecutive punishment may be executed.
Article 56
If any construction company violates Article 11, Section 2 of Article 18, Section 1 or Article 23, Article 26, Section 1 of Article 30, Section 1 or Article 33, Article 40 or Section 1 of Article 42, a warning or order to suspend business for less than three months and no more than one year shall be imposed based on the gravity of the violation.
If any construction company receives three warnings within five years, is ordered to suspend business for less than three months and no more than one year, or if the accumulated period for suspension of business within 5 years exceeds three years, the permit shall be cancelled.
Article 57
A construction enterprise that infringes Article 16 or Paragraph 2, Article 19 will be fined a sum of NT$20,000~100,000, and will be compelled to apply for alteration registration within a specified time limit according to relevant provisions. In case application is not submitted within the time limit, closure punishment may be executed for 3 months to 1 year.
Article 58
Where the principal of a construction enterprise infringes Article 28, a sum of NT$200,000~1,000,000 will be fined, and the enterprise will be notified to dismiss the principal within a specified time limit. In case the principal is not dismissed within the time limit, the construction enterprise will be fined a sum of NT$200,000~1,000,000, and will be notified again to dismiss the principal. Consecutive punishment may be executed for consecutive infringement of the foresaid provision.
Article 59
Where the principal of a construction enterprise infringes Paragraph 2, Article 37 or Article 38, he/she will be fined a sum of NT$50,000~500,000.
Article 60
Where the orderer infringes Paragraph 3, Article 37, he/she will be fined a sum of NT$50,000~500,000.
Article 61
If any professional engineering staff of any construction company violates Article 34, any of items 1 to 7 of Article 35, Section 1 or Article 41 or violates the charter of the applicable technician's association, a warning or order to suspend business for less than two months and no more than two years may be imposed based on the gravity of the violation. During the suspension period, no relevant business may be performed in accordance with the Technicians Act or the Architect Act. The same shall be applicable if any technician under Section 4 of Article 66 has any significant violation of the charter of the applicable association.
If the responsible person of any construction company knows about the violation of Section 1 of Article 34 or Section 1 or Article 41 by any professional engineer affiliated with such company and fails to request resignation by such staff, dismisses such staff or fails to request his/her presence, order for suspension of business for less than three months and no more than one year of such construction company shall be imposed.
If any technician entrusted with general construction management certification under Section 4 of Article 66 violates any of Items 1 to 7 of Article 35, fails to join the association or fails to submit a filing for registration with the municipal or city (county) governing authority in the place where the construction is located after being entrusted with the certification, warning or order for suspension of construction business for less than two months and no more than two years shall be imposed. During the suspension period, no relevant business may be performed in accordance with the Technicians Act.
If any professional engineering staff of the construction industry or any technician entrusted to perform general construction management certification receives three warnings within 5 years, he/she will be punished to suspend construction business for less than two months and no more than two years, no relevant business may be performed in accordance with the Technicians Act during the suspension period.
Article 62
Where the jobsite director of a construction enterprise infringes Paragraph 2 of Article 30 or Paragraph 5 of Article 31 or any of Subparagraphs 1~5 of Article 32 or Paragraph 1, Article 41, he/she will be warned or punished to stop working as a jobsite director for 3 months to 1 year depending on severity of the circumstance.
Where the jobsite of construction enterprise has been warned under the above paragraph for 3 times, he/she will be punished to stop working as a jobsite director for 3 months to 1 year; where the accumulated punishment term of stopping operation amounts to 3 years, the jobsite director practicing certificate will be abolished.
Jobsite directors may not reapply for practicing certificates within 5 years commencing from the day when the jobsite director practicing certificate is abolished as prescribed above.
Article 63
Where the principal of a civil engineering contractor infringes Article 36, the civil engineering contractor will be punished to stop operation for 3 months to 2 years depending on severity of the circumstance.
Article 64
Where an association of construction enterprises infringes Paragraph 2, Article 4 or Article 46, the central competent authority of mass organizations will fined the association a sum of NT$100,000~500,000.
Article 65
The fine executed under this Act shall be paid within specified time limit; otherwise, the case will be transferred to related departments for coercive execution according to the law.