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Chapter Law Content

Title: Factory Management Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 4 Guidance
Article 26
In order to promote industrial development, the competent authority shall implement guidance to the factor in term of following matters:
1.Investigation, research, introduction, transfer and promotion of industrial production technology.
2.The development, industrial product design, quality improvement, automation, enhancement of productivity and operational rationality
3.Training of industrial technology talents
4.Prevention of management of industrial pollution and industrial safety and health.
5.Other matters regarding industrial development
Article 27
Where there are five and more factories manufacturing, processing or using dangerous articles exceeding control volume in the same industrial zone managed by central competent authority and its subordinated organizations, central competent authority shall guide them to establish local joint prevention organization.
Preceding local joint prevention organization shall promote matters as follows:
1.Establish information system regarding dangerous articles of factory inside the organization.
2.Establish information system regarding factory and surrounding rescue arrangement inside the organization.
3.Enhance disaster and emergency response skills for factories inside the organization.
4.Establish articles of organization, disaster report model, mutual support agreement and other rights and obligations.
5.Other matters regarding joint prevention.
The factories manufacturing, processing or using dangerous article exceeding control as set forth in paragraph 1 without enrolling in local joint prevention organization, central competent authority shall guide them for enrollment.
Article 28
To improve environmental quality, central competent authority may guide related factories within or without in the industrial zone to mutually construct pollution prevention facilities.
Chapter 4-1 Unregistered Factories and Certain Factories Management and Guidance
Article 28-1
The competent authorities of Municipal City and Count (City) shall suspend the electricity and water supply and demolish the unregistered factories newly added after May 20, 2016 (hereinafter referred to as “newly added unregistered factories.”) For the existing factories before May 19, 2016 (hereinafter referred to as “existing unregistered factories,”) the competent authorities of Municipal City and Count (City) shall comply with the following provisions:
1.Where the existing unregistered factories are not categorized as low pollution, the competent authorities of Municipal City and Count (City) shall set the guidance deadline to assist them to transfer their projects, to relocate or to close down the factories. Should such business owners refuse to cooperate with the aforementioned measures, the competent authorities of Municipal City and Count (City) shall suspend the electricity and water supply and demolish such unregistered factories.
2.Where the existing unregistered factories are categorized as low pollution and fail to apply for incorporating into the government management or propose the factory improvement plan according to Paragraph 1 of Article 28-5, the competent authorities of Municipal City and Count (City) shall suspend the electricity and water supply and demolish such unregistered factories.
3.Where the existing unregistered factories are categorized as low pollution and propose the approved factory improvement plan according to Paragraph 1 of Article 28-5, the competent authorities of Municipal City and Count (City) shall assist the improvement and shall inspect such factories periodically.
The competent authorities of central government shall review and approve the guidance deadline mentioned in the Subparagraph 1 of preceding Paragraph with the relevant agencies and shall supervise the execution status of the projects transferring, factories relocation or the close down of factories assisted by the competent authorities of Municipal City and Count (City).
The competent authorities of central government shall provide the competent authorities of Municipal City and Count (City) with the assistance measures and the resources when they assist the business owners to transfer their projects, to relocate or to close down the factories according to the Subparagraph 1 of Paragraph 1.
Article 28-2
To have the unregistered factories be incorporated into the government management and to assist them on the spot, the competent authorities of central government shall consult the relevant agencies for the execution plans.
The competent authorities of Municipal City and Count (City) shall draft the plans for Management and guidance of the unregistered factories in the jurisdictions and submit to the competent uthorities of central government for approval within six (6) months from June 27, 2019 when the mendments of the Act come into force.
The plans for management and guidance in preceding Paragraph shall specify the following items:
1.The investigation status of the newly added unregistered factories and the existing unregistered factories.
2.The execution status of the newly added unregistered factories according to the first half of Paragraph 1 of preceding Article and the plans for execution of the existing unregistered factories according to the latter half of Paragraph 1 of preceding Article.
3.Other measures for management and guidance.
Should the competent authorities of Municipal City and Count (City) fail to act according to the deadline provided in Paragraph 2, the competent authorities of central government may consider to reduce or delay the relevant disbursement or to take other measures.
To have the unregistered factories be incorporated into the government management and to assist them on the spot, the competent authorities of central government shall set up meetings for the factories management and guidance, and such meetings shall be composed of the relevant agencies and the governments of Municipal City and Count (City). The Academics, specialists and the non-governmental organizations may be invited to participate in the meetings and such meetings will be in charge of reviewing the projects of the factories management and guidance execution and the measures of improvement. The Executive Yuan may coordinate at the request if necessary.
The relevant agencies and the governments of Municipal City and Count (City) shall execute the resolutions and decisions at the preceding meetings. The competent authorities of central government shall follow up and assess the execution status and announce on the website every year.
Article 28-3
The competent authorities of Municipal City and Count (City) shall regularly notify the competent authorities of central government, the competent authorities of agriculture, of urban planning, of regional planning, of spatial planning and of the building construction administration in the central government, of the list of the newly added and the existing unregistered factories within its jurisdiction and the execution status of the electricity and water supply suspension and the demolishment of such unregistered factories.
Should the competent authorities of Municipal City and Count (City) delay to suspend the electricity and water supply or demolish the newly added unregistered factories and the existing nregistered factories not being categorized as low pollution within its jurisdiction, the competent authorities of central government or the competent authorities of urban planning, of regional planning, of spatial planning and of the building construction administration in the central government (hereinafter referred to as “central competent authorities”) may prescribe a time for such acts; if the competent authorities of Municipal City and Count (City) fail to comply within the time prescribed, the competent authorities of central government may suspend the electricity and water supply at its own discretion.
The competent authorities of central government shall announce the execution status of the preceding two Paragraphs on the website periodically.
The competent authorities of central government shall apply Paragraphs 2, 3 and 5 of Article 76 of the Local Government Act when execution according to Paragraph 2.
Should the competent authorities of Municipal City and Count (City) fail to act according to the provisions in Paragraph 1 or commit as prescribed in Paragraph 2, the competent authorities of central government may consider to reduce or delay the relevant disbursement or to take other measures.
Article 28-4
The competent authorities may reimburse or to assist the existing unregistered factories with low pollution and those registered as certain factories according to Paragraph 5 of Article 28-5 or Article 28-6 with the following issues:
1.The planning of infrastructure in relation to the environmental protection, water conservancy and soil conservation.
2.The assistance and planning in relation to wastewater and sewage and the discharge, if necessary, the special panel may be set up to conciliate such issues.
3.The clustering area shall be planned with the amended urban planning or with the industrial parks planning at the first priority for purpose of transition to be classified as urban and rural developing area in the spatial planning.
Article 28-5
The existing unregistered factories with low pollution shall apply for incorporating into the government management at its own discretion or after notification by the competent authorities of Municipal City and Count (City) within two (2) years from June 27, 2019 when the amendments of the Act come into force and shall propose the factory improvement plan within three (3) years from such date, provided that it shall not apply for incorporating into the government management under any of the following circumstances:
1.Products are prohibited from manufacturing pursuant to the laws.
2.Prohibition from establishment of the factories announced by the competent authorities of central government due to the environmental protection or the safety concerns.
3.Prohibition from establishment of the factories submitted by the competent authorities of Municipal City and Count (City) to the competent authorities of central government for approval and announcement.
The unregistered factories applying for incorporating into the government management according to the preceding Paragraph shall pay the guidance fund every year from June 27, 2019 when the amendments of the Act come into force until getting its registration license as certain factories. Should such factories fail to pay the guidance fund within the prescribed time, the competent authorities of Municipal City and Count (City) shall reject its application for incorporating into the government management or shall abolish the approval of the proposed factory improvement plan.
The proposed factory improvement plan in aragraph 1 shall specify the following items:
1.The items provided in Article 13.
2.The manufacturing and processing in the factories before May 19, 2016.
3.The measures for improvement of the environment, including the plans for the wastewater and sewage and the discharge.
4.Other matters prescribed by the competent authorities of central government.
Upon review and approval of the proposed factory improvement plan in Paragraph 1 by the competent authorities of Municipal City and Count (City), the factories shall complete the improvement within two (2) years thereafter, provided that there are good reasons to justify the failure to complete such improvement within the prescribed two (2) years, such factories may apply for extension to the competent authorities of Municipal City and Count (City).
In case that the improvement is completed as the approved factory improvement plan proposed, the factories may apply for the registration as certain factories and the provisions in Subparagraphs 2 and 3 of Article 15 shall not be applied.
In case of failure to obtain the registration as the certain factories according to the preceding Paragraph within ten (10) years from June 27, 2019 when the amendments of the Act come into force, the approval of its proposed factory improvement plan ceases to be effective at the end of such period.
The registration as certain factories is valid for twenty (20) years from June 27, 2019 when the amendments of the Act come into force.
Article 28-6
In case that the factories applied for temporary factory registration according to the provisions in Article 34, such factories may apply for the registration as certain factories to the competent authorities of Municipal City and Count (City) within the scope of the temporary registration within two (2) years from June 27, 2019 when the amendments of the Act come into force and the provisions in Subparagraphs 2 and 3 of Article 15 shall not be applied.
Article 28-7
Where the registration as certain factories is approved by the competent authorities of Municipal City and Count (City) according to Paragraph 5 of Article 28-5 and the preceding Paragraph, such factories shall pay the operation fund every year until obtaining the certificate for legal use of the land and building. Should such factories fail to pay the operation fund within the prescribed time, the competent authorities of Municipal City and Count (City) shall abolish its registration as certain factories.
The guidance fund and the operation fund collected according to Paragraph 2 of Article 28-5 and the preceding Paragraph shall only be used on the management the guidance and the improvement of the public facilities of the neighboring areas of the unregistered factories, and shall be used on the wastewater and sewage and the discharge and the improvement of the air pollution at the first priority. The competent authorities of Municipal City and Count (City) may set a fund whose management shall submit to the competent authorities of central government for reference.
The competent authorities of central government shall consult relevant agencies for the standards for low pollution identification, the application qualifications and the procedures, the review procedures and the standards of the competent authorities of Municipal City and Count (City), the additional requirements in relation to the approval of the proposed factory improvement plan, the audit and review of the improvement status, the deadline of the extension of completing the improvement provided in Paragraphs 1, 4 and 5 of Article 28-5, and the preceding Article, the items provided in Subparagraph 4, Paragraph 3 of Article 28-5 and the amount, the payment procedure and other related matters regarding the operation fund in Paragraph 1 and the guidance fund in Paragraph 2 of Article 28-5.
The competent authorities of Municipal City and Count (City) may delegate to or commission related agencies (bodies), judicial persons or organizations in charge of the business regarding the management and the guidance of the unregistered factories and the registration of the certain factories.
Article 28-8
The provisions in Article 21 of the Regional Plan Act, Article 38 of the Spatial Plan Act, Article 79 of the Urban Planning Law and Subparagraph 1 of Article 86 and Subparagraph 1, Paragraph 1 of Article 91 of the Building Act shall not be applied to the factories registered as certain factories. The buildings of such factories shall be granted to access to water and power usage and shall not apply the restrictions provided in Paragraph 1 of Article 73 of the Building Act.
The provisions in Subparagraph 1 of Article 30 and the first half of the preceding Paragraph shall not be applied to the following conditions:
The prescribed time by the competent authorities of Municipal City and Count (City) of transferring the projects, relocation or close down the existing unregistered factories not being categorized as low pollution pursuant to Subparagraph 1, Paragraph 1 of Article 28-1.
The period from the application for incorporating into the government management applied by the existing unregistered factories with low pollution according to the provisions in Paragraph 1 of Article 28-5 to its approval by the competent authorities of Municipal City and Count (City) and the prescribed time for improvement in Paragraph 4 of the same Article.
The period from the application of as certain factories registration according to the provisions in Article 28-6 applied by the factories having applied for temporary factory registration in accordance with Article 34 to its approval of registration by the competent authorities of Municipal City and Count (City).
Article 28-9
The factories registered as certain factories shall not:
1.Change the entity of such certain factories.
2.Change the persons in charge of the entities of such certain factories in case that such entities are the sole proprietorship, except for the heir(s) of such persons in charge.
3.Change the partners of the entities of such certain factories in case that such entities are the partnership, except for the heir(s) of such partners.
4.Increasing the floor space of the land, factory and the building.
5.Alternation to or increasing the industry category or the main products not classified as low pollution.
6.Make the whole or part of the land and the building of the factories for use by others to set up their factories.
7.Failure to perform the addition requirements in the factory improvement plan approved by the competent authorities of Municipal City and Count (City).
The provisions in Paragraph 2 of Article 16, Article 17 to Article 32 shall be applied to the factories registered as certain factories.
Article 28-10
The competent authorities may change to the appropriate zoning or change the category of the usage of the lands for the factories registered as certain factories, according to the following regulations:
1.The clustering area shall be planned with the amended urban planning or with the industrial parks planning at the first priority and shall change the zoning or the permissions according to the Urban Planning Law, the Regional Plan Act and the Spatial Planning Act.
2.The lands that are not included in the preceding subparagraph and the urban planning, the factories registered as certain factories shall propose the plan for using the lands and shall apply to the competent authorities of Municipal City and Count (City) for issuing the approval of the certificate of certain factories lands to change the zoning of such lands. Nevertheless, the competent authorities of Municipal City and Count (City) may reject its application for the comprehensive planning of the preceding subparagraph.
3.The lands that are not included in the Subparagraph 1 but are included in the urban planning shall act in accordance with the Urban Planning Law.
Prior to the change the category of the usage of the lands pursuant to the Subparagraph 2 of the preceding Paragraph, the factories registered as certain factories shall pay the monetary ontribution to the competent authorities of Municipal City and Count (City) and transfer to the fund for agriculture development set up in accordance with Paragraph 1 of Article 54 of the Agriculture Development Act.
The competent authorities of Municipal City and Count (City) may ask the applicants for the review fee for reviewing the plan for using the lands provided in Subparagraph 2 of Paragraph 1.
The qualifications in each Subparagraph of Paragraph 1 shall be in consistent with the provisions in the Urban Planning Law, Article 15 and Article 15-2 of the Regional Plan Act, and Article 26 of the Spatial Planning Act and the related laws and regulations may be reviewed and simplified by the competent authorities in charge of the above-mentioned laws and acts considering the needs of assistance and principles for safety.
The competent authorities of central government shall consult relevant agencies for the standards for the clustering area in Subparagraph 1 of Paragraph 1, the application requirements, the required documentation, the application procedures, the area limitation for the application, the review criteria and procedures of the competent authorities of Municipal City and Count (City) for the plan for using the lands in Subparagraph 2 of Paragraph 1, the calculation basis for the monetary contribution in Paragraph 2, the review fee in Paragraph 3 and other related matters.
Article 28-11
The factories registered as certain factories may apply for the factory registration according to Paragraph 1 of Article 10 upon the change the category of the usage of the lands pursuant to the Subparagraph 2, Paragraph 1 of the preceding Article.
The competent authorities of Municipal City and Count (City) shall require the factories applying for the factory registration to restrict its industrial category and their major products to low pollution.
Article 28-12
The public may address detailed facts or submit proof to inform the competent authorities of Municipal City and Count (City) of the following unregistered factories:
1.The newly added unregistered factories.
2.The existing unregistered factories not being categorized as low pollution fail to transfer their projects, to relocate or to close down the factories within the time prescribed by the competent authorities of Municipal City and Count (City).
3.The existing unregistered factories with low pollution fail to apply for incorporating into the government management according to Paragraph 1 of Article 28-5.
The competent authorities of Municipal City and Count (City) may award the informants and shall keep confidential the identities of such informants. The reward and the other related matters shall be set forth by the competent authorities of central government.