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Chapter Law Content

Title: Regulations for the Administration of Hotel Enterprises CH
Category: Ministry of Transportation and Communications(交通部)
Chapter IV Operation Management
Article 18
Each hotel enterprise shall display the hotel enterprise registration certificate in a highly visible place in the business premises.
Article 18-1
Advertisements of hotel enterprises on printed materials, publications, radio, television, electronic signals, the internet, or other media shall specify the hotel enterprise’s registration certificate serial number.
Article 19
In the event of a change in any of the items of a hotel enterprise registration certificate, the hotel enterprise shall apply for a change in registration with the local administrative authority within 30 days after the occurrence of the said change.
Article 20
In the event of any loss, destruction of, or damage to the hotel enterprise registration certificate, the hotel enterprise shall apply to the local administrative authority for replacement or reissuance within 30 days after the occurrence of the said conditions.
Article 21
The room rates for guest rooms in a hotel enterprise, as well as the changes in those rates, shall be reported to the local administrative authority.
The actual charges for guest rooms by the hotel enterprise shall not be higher than the fixed rates as mentioned in the preceding paragraph.
A hotel enterprise shall display room rates, lodgment rules, and maps of emergency exits in highly visible and brightly lighted places in the guest rooms.
Article 21-1
A hotel enterprise that collects payment for self-service beverages shall display the payment collection method, basis of calculation, etc., on a menu and in a clearly visible place on the business premises; if the hotel enterprise has set up a website, it shall also display the same information on the website.
Article 22
A hotel enterprise shall reserve guest rooms in accordance with previously agreed-upon terms for lodgers who have paid a deposit or made a confirmed booking.
Article 23
Hotel enterprises shall register the information of lodgers on a daily basis; the lodger registration books shall be kept in inventory for a period of 180 days.
The collection, handling, and use of lodger information mentioned in Paragraph 1 shall comply with provisions of the Personal Information Protection Act.
Article 24
A hotel enterprise shall operate its business within its business premises, and shall not expand its business premises without approval.
Article 25
A hotel enterprise shall comply with the following regulations:
1.It shall properly handle suggestions from lodgers.
2.It shall safekeep and handle in accordance with relevant regulations possessions deposited or left behind by lodgers.
3.Upon discovering the illness of a lodger, it shall immediately assist in helping the lodger obtain medical treatment within twenty-four hours.
4.In the event of any accidental fire, natural disaster, or emergency which may cause material damage to the life or body of lodgers, the hotel shall immediately report to the concerned authorities, evacuate lodgers, and assist in taking the injured for medical treatment.
After the occurrence of an incident as mentioned in item four of the preceding paragraph, the hotel enterprise shall report the causes of that incident as well as its management to the local administrative authority, who in turn shall immediately make a report to Tourism Bureau of the Ministry of Transportation and Communications.
Article 26
A hotel enterprise and its employees may not engage in any of the following acts:
1.Pestering a lodger,
2.Imposing excessive charges on a lodger,
3.Forcing a lodger to purchase goods, or
4.Mediating sexual services for the lodger.
Article 27
Upon discovering any of the following conditions pertaining to a lodger, the hotel enterprise shall immediately report to the local police station for disposition, or, when necessary, shall itself take necessary action:
1.Carrying of guns or other prohibited items.
2.Consumption narcotics.
3.Showing signs of committing suicide, or having died.
4.Making loud noises at night, participating in group gambling, or engaging in other behavior that causes a disturbance to the public.
5.Posing a threat to public safety or raising suspicion of having committed other crimes.
Article 27-1
Each month, hotel managers are required to record the number of rooms rented out, the number of rooms occupied, the occupancy rate, the number of guests and the operating revenue, and present the data to the local competent authority before the 20th of the following month. The operating expenses, renovation and equipment costs, and changes in fixed assets shall also be presented to the local competent authority before the end of January and July every year.
Article 28
To suspend operations or business for more than one month, the operator of an incorporated hotel enterprise shall submit an application along with minutes of the shareholder meeting or letter of consent from the shareholders to the local administrative authority within fifteen days prior to the occurrence of the suspension; the operator of a non-incorporated hotel enterprise shall submit an application detailing the reasons for the suspension to the local administrative authority.
An application as described above may not be made for a suspension of operation or business in excess of one year. However, a hotel enterprise may, with reasonable justification, apply to the local administrative authority to extend a suspension for an additional year at most. The application for such an extension shall be filed within the final fifteen days of the original period of suspension.
After the suspension period expires, the hotel enterprise shall file for business resumption with the local administrative authority within fifteen days, and business resumption shall be permitted when the application has been reviewed and approved.
In the event that an operator fails to submit an application according to Paragraph 1 of this Article or to apply for business resumption according to the preceding paragraph for more than six months, the local administrative authority may annul the registration and cancel the registration certificate of the business.
A hotel enterprise that is unable to operate due to practical or legal cause shall return its hotel enterprise registration certificate within fifteen days of the occurrence of the practical cause or be subjected to the imposition of an administrative penalty; if it fails to comply with this time limit, the local administrative authority may publicly announce the cancellation of its registration. However, this provision shall not apply to a hotel enterprise that temporarily suspends operation under the provisions of Paragraph 1 of this Article.
The local administrative authority shall submit to the Tourism Bureau of the Ministry of Transportation and Communications, within the first five days of the following month, data on new hotel enterprise registrations, changes in business registration, terminations of registration, cancellations, replacements and reissuances of business registration certificates, suspensions of operation, closures of business, and purchases of liability insurance for the current month.
Article 28-1
Hotel buildings registered in accordance with these Regulations may only be assigned as a whole, and may not be assigned in separate parts.
When a hotel enterprise lets or assigns the whole of the buildings and equipment of a hotel for another to operate as a hotel enterprise, the two parties to the transaction shall first submit an application for approval to the local administrative authority, with presentation of the following documents:
1.A hotel assignment application.
2.A copy of the relevant contract.
3.When the lessor or assignor is a corporation, a record of its shareholders' meeting or shareholders’letter of assent.
After the application referred to in the preceding paragraph has received approval, the lessee or assignee shall, within two months of the approval, effect company or business registration or change of registration in accordance with the law, and the two parties to the transaction shall apply to the local administrative authority for issuance of a hotel enterprise registration certificate, with presentation of the following documents:
1.An application.
2.The originally obtained hotel enterprise registration certificate.
3.Documentary proof of company or business registration.
The lessee or assignee may, with good reason, apply for a two-month extension of the time limit referred to in the preceding paragraph. Such extension may be granted one time only.
Article 28-2
When a hotel enterprise is involved in a corporate merger, and the whole of its hotel buildings and equipment are taken into ownership by the surviving company or a newly established company in accordance with the law, the surviving company or newly established company shall apply to the local administrative authority for approval, with presentation of the following documents:
1.A record of the shareholders’ meeting and board of directors meeting at which the merger was approved, or shareholders’ letter of consent.
2.Proof of the company merger registration and a copy of the merger agreement.
3.Documentary proof of the change of registration of land and building ownership.
After the application referred to in the preceding paragraph has received approval, the surviving company or newly established company shall, within two months of the approval, effect change of company registration in accordance with the law, and shall apply to the local administrative authority for replacement of the hotel enterprise registration certificate, with presentation of the following documents:
1.An application.
2.The originally obtained hotel enterprise registration certificate.
3.The corporate charter of the surviving company or newly established company, a photocopy of its corporate registration certificate, and a list of its directors and supervisors.
The surviving company or newly established company may, with good reason, apply for a two-month extension of the time limit referred to in the preceding paragraph. Such extension may be granted one time only.
Article 29
The administrative authority may conduct inspections of the management and business facilities of a hotel enterprise on a regular or an irregular basis.
Building management, facilities for fire prevention and emergency exits, air-raid shelters, firefighting equipment, sanitation, and security of a hotel enterprise shall be subject to inspection by a competent authority in accordance with governing laws and regulations. Any irregularity identified in the inspection shall be dealt with directly by the relevant competent authority in accordance with governing laws and regulations.
The inspections as mentioned in the preceding two paragraphs may be jointly conducted.
Article 30
The authorized personnel of the administrative authority shall explain the content of the inspection and produce proper identification documentation when inspecting the operation management and business facilities of a hotel enterprise.
The hotel enterprise and its employees shall not avoid, obstruct, or reject the aforesaid inspection, and shall offer necessary assistance.
Article 31
The Ministry of Transportation and Communications may conduct hotel enterprise rating evaluations, and issue a rating symbol according to the results of the evaluations.
The conduct of hotel enterprise evaluations as referred to in the preceding paragraph may be mandated by the Ministry of Transportation and Communications to the Tourism Bureau of the Ministry of Transportation and Communications or commissioned to a non-government organization; the matters so mandated or commissioned and the legal basis thereof shall be publicly announced and published in the government gazette.
When the Ministry of Transportation and Communications mandates the Tourism Bureau or commissions a non-government organization to conduct rating evaluations as described in Paragraph 1 above, the basis of the evaluations and the rating symbol shall be determined by the Tourism Bureau of the Ministry of Transportation and Communications according to the standard of buildings and facilities, the management situation, and the quality of services.
A hotel enterprise shall place its rating symbol as referred to in Paragraph 1 in a clearly visible place in its entrance lobby.
A hotel enterprise that is unable to operate due to practical or legal cause shall return its rating symbol within fifteen days of the occurrence of the practical cause or face the imposition of an administrative penalty; if it fails to comply with this time limit, the Ministry of Transportation and Communications itself, or the Tourism Bureau acting under mandate in accordance with the procedure set out in Paragraph 2 above, may publicly announce the cancellation of its rating symbol. However, this provision shall not apply to a hotel enterprise that temporarily suspends operation under the provisions of Article 28-1 of these Regulations..