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Chapter Law Content

Title: Social Order Maintenance Act CH
Category: Ministry of the Interior(內政部)
Part 4 Supplementary Provisions
Article 91-1
Municipal or county (city) governments may enact self-government ordinances governing the establishment and management of sex districts.
Self-government ordinances prescribed in the preceding paragraph shall include the following requirements:
1. If the district is located in an urban planning area and it is limited to the commercial district.
2. If the district is located in a non-urban area, it is limited to the land specifically for recreational purposes, with the exception of the recreation area for children or youth.
3. The districts described in the preceding two subparagraphs shall be kept at an appropriate distance from buildings such as schools, nurseries, temples, and churches.
4. A sex trade venue shall be registered and licensed. No sex trade is allowed without a license.
5. A person who commits an offence against Articles 231, 231-1, 233, 240, 241, 296-1 of the Criminal Code, Articles 23 to 27 of the Child and Youth Sexual Transaction Prevention Act, Articles 32 to 37 of the Child and Youth Sexual Exploitation Prevention Act, or the Human Trafficking Prevention Act and has been convicted, may not serve as a person in charge of a sex trade venue.
6. If a person in charge of a sex trade venue commits the crimes in the preceding subparagraph and has been convicted, the venue’s license shall be revoked or void.
7. A sex service provider shall be registered, licensed and undergo health checkup periodically. The person in charge of a sex trade venue shall be responsible for urging sex service providers at the venue thereof to have periodical health checkup.
8. If a sex service provider commits the crimes stipulated in Article 285 of the Criminal Code or Article 21 of the HIV Infection Control and Patient Rights Protection Act, their licenses shall be revoked or abolished.
9. If a sex service provider is discovered to have been infected with diseases described in the preceding subparagraph through health checkup, their licenses shall be suspended and they will be notified to receive treatment. Their licenses will be returned as soon as they are fully cured.
10. Advertising in public or publicly accessible places with the intention to soliciting sex trade or procuring sex trade is prohibited.
A venue where sex trade had been conducted in accordance with respective self-governing ordinances enacted by municipal or county (city) governments before articles of this Act amended came into force on November 04, 2011 may continue to operate at the same venue.
Article 231 of the Criminal Code shall not apply to a person who conducts sex trade in accordance with the regulations described in the preceding two paragraphs.
Municipal or county (city) governments shall provide assistance for sex service providers described in Articles 80,and Paragraphs 1 and 2 of this Article to seek other jobs or refer them to join job training.
Article 92
A court handling a case in violation of this Act, shall abide by the Code of Criminal Procedure unless expressly stipulated in this Act.
Article 93
The procedure for handling offenses against this Act shall be jointly established by the Executive Yuan and the Judicial Yuan.
Regulations Governing the Establishment and Management of Detention Center shall be enacted by the Executive Yuan.
Article 94
This Act shall come into force on the date of promulgation.