Law Information | Laws & Regulations Database of Taipei City

Chapter I General Principles
Article 1 To protect the rights and interests of consumers, to ensure the safety and to enhance the quality of consumers' lives, Taipei City ("City") enacts this Self-Government Ordinances pursuant to item 4 of subparagraph 7 of Article 18 of the Local Government Act. Except as otherwise stipulated in the Consumer Protection Act ("Act") or other regulations stipulated by the Central Government, this Self-Government Ordinances ("Ordinance") shall apply to consumer protection matters in the City.
Article 2 Taipei City Government ("City Government") is the competent authority for this Ordinance; the enforcement authorities are the relevant competent authorities under the City Government. When it is unclear as to which entity is the enforcement authority as referred to in the preceding paragraph, the City Government's Department of Legal Affairs will request the City Government to make a determination; when the Central Government's authority is involved, a request will be made to the Executive Yuan to determine the authority pursuant to the appropriate procedures.
Article 3 The City Government may stipulate Self-government Laws and Regulations in order to execute and carry out the measures stipulated at paragraph 1 of Article 3 of the Act.
Chapter II Protection of Consumer Rights
Article 4 The owner or user of the place of consumption, which place is required to have public liability insurance in/by the City, must obtain public liability insurance for such place. The trader who applies for or rents a site as a place of consumption from competent authorities of City Government must file the certificate of public liability insurance before the date on which operations begin and obtain the competent authority's approval before the trader starts using such site, unless the site already has insurance obtained by the competent authority. The term "place of consumption " referred to in the two preceding paragraphs means a site provided for a consumption relationship. When conducting the public safety investigation, providing certification, issuing a license, or other relevant examinations of / for the place of consumption governed by them, enforcement authorities of City Government shall investigate to ascertain whether the place of consumption as stipulated in paragraph 1 has obtained the required public liability insurance. The City Government shall determine the categories, scope, and minimum insurance amount of public liability insurance for the place of consumption as stipulated in paragraph 1. The consumer, or his/her heir, shall be the beneficiary of the public liability insurance.
Article 5 When applying for relevant licenses, the owner or user of the place of consumption must first provide the certificate of public liability insurance. Otherwise, such licenses will not be granted. The owner or user of the place of consumption must file each year's certificate of public liability insurance for the City's review; the same applies in the event of any change of the insurance. In the event of failure to comply with the preceding paragraph, and such non-compliance is not corrected within the time limit prescribed, the relevant licenses will be revoked, and the place of consumption will be ordered to close.
Article 6 If the place of consumption, merchandise, or service provided by a trader causes a major disaster in this City, and results in major damages to a consumer's life, body, health, or property, the enforcement authority may, under the consent of the injured consumer, or of the deceased consumer's parent, child, or spouse, assist in the following matters: 1. Apply to the court for provisional attachment of the properties of the trader, its responsible persons, or other persons accountable per the law; 2. Handle the settlement; or 3. Provide other necessary legal aid. The City Government will determine the standards for a "major disaster" and the scope of assistance as stipulated in the preceding paragraph.
Article 7 A trader who uses phone-paid services cannot engage in the following acts: 1. Advertise in newspapers or magazines for which teenagers under the age of 18 as their main readers; or 2. Distribute advertising materials to teenagers under the age of 18.
Article 8 When a trader uses a standard form contract, such contract must comply with the principles of good faith, equality, and mutual benefit. Also, such contract must comply with mandatory provisions to be included in and prohibitory provisions of standard form contract as required by the central governing authority. Before entering into a contact, a trader must give a consumer a reasonable period to review such contract. Where a trader uses a standard form contract, the enforcement authority may at any time dispatch personnel to examine such contract. Where a trader violates the stipulation in the two preceding paragraphs, the enforcement authority shall order the trader to rectify such violation within a prescribed time limit.
Article 9 Before entering into a contract of mail-order purchase or door-to-door sale, a trader must inform a consumer of the following, and obtain a document that states that such consumer is informed of the same: 1. Purchase terms, the seller's name, title, responsible person/s, location of seller's principal office, domicile, or residence, and seller's phone number; and 2. A consumer may rescind the contract in writing within seven (7) days after receipt of the goods or services without stating the reason/s or bearing any expenses or price. Where a trader violates the stipulation in the preceding paragraph, the enforcement authority shall order the trader to rectify such violation within a time limit, and the consumer's right to rescind such contract will be extended to thirty (30) days.
Article 10 A trader must provide consumers with full and correct information on the products or services that it provides, and must not act to mislead, conceal, or deceive. Where a trader violates the stipulation in the preceding paragraph, the enforcement authority shall order the trader to rectify such violation within a time limit.
Chapter III Consumer Advocacy Group
Article 11 When necessary, an enforcement authority or consumer ombudsmen may entrust a consumer advocacy group to handle the following matters: 1. Conduct surveys, comparisons, inspections, or research of the prices, qualities, and labeling of goods or services; 2. Conduct surveys, perform analysis, and make conclusions with respect to consumer opinions; and 3. Conduct education and advocacy for consumers.
Article 12 When handling an appeal case in a consumer dispute, the enforcement authority or consumer ombudsmen may engage a consumer advocacy group that qualifies under paragraph 1 of Article 49 of the Act to assist with initiating a class action suit, provided that more than 20 consumers are injured as a result of the same incident, and the victims' consents are obtained. The enforcement authority or consumer ombudsmen may subsidize the necessary legal expenses required by the consumer advocacy group for handling the class action suit as stipulated in the preceding paragraph.
Article 13 After obtaining approval form the City Government, the enforcement authority or consumer ombudsmen may award a certificate of merit or medal, or provide financial rewards or subsidies to a consumer advocacy group that is effective in promoting consumer protection in the City. The City Government shall draft regulations for the rewards or subsidies referred to in the preceding paragraph.
Chapter IV Consumer Protection Organization and Administration
Section 1 Consumer Protection Organization
Article 14 To research, review, and promote the realization of the City's consumer protection projects, the City Government shall establish the Consumer Protection Commission, which shall be in charge of the following matters: 1. Review of consumer protection projects; 2. Coordinate the consumer protection projects and measures among each of the several enforcement authorities; 3. Supervise the enforcement authorities in the performance of their duties The City Government shall draft the regulations for the establishment of the Consumer Protection Commission as referred to in the preceding paragraph.
Article 15 The City Government shall establish consumer service centers to handle matters such as consultation, educational dissemination, consumer complaints, and may establish branch offices under the consumer service centers at each District Office. The consumer service centers will be staffed with one director and several clerks.
Article 16 To promote consumer protection matters, City Government shall have several consumer ombudsmen and their assistants in the City Government's Department of Legal Affairs; where there are three or more consumer ombudsmen, one will be appointed to also act as the director.
Article 17 The City Government shall establish a consumer dispute mediation commission consisting of 7 to 21 commissioners to handle the mediation of the City's consumer disputes. The term of such commissioners shall be two (2) years, and commissioners may be consecutively re-elected. The consumer ombudsmen shall be the ex officio commissioners, and the City Government shall appoint scholars, experts, representatives of the City Government, representatives of consumer advocacy groups, and representatives of the professional groups to which traders belong or to which they are related to act as other commissioners. The number of representatives of consumer advocacy groups and the number of representatives of the professional groups to which traders belong or to which they are related as referred to in the preceding paragraph shall be the same.
Section 2 Consumer Protection Administration
Article 18 Before a year begins, the City Government's consumer service centers shall compile all matters of consumer protection enforcement proposed by the enforcement authorities, draw up the City's annual consumer protection project, and submit such project to the City Government's consumer protection commission for deliberation. The execution of the annual consumer protection project as referred to in the preceding paragraph shall be monitored.
Article 19 Depending on the manpower and financial resources, the City Government's consumer service centers and the enforcement authorities may conduct the following consumer education and promotion matters: 1. Publicize consumer warnings in the media, on the Internet, or create educational materials such as comics, and distribute and disseminate such warnings; 2. Hold consumer rights education or promotion activities; 3. Issue consumer education publications; 4. Entrust the City's In Service Teachers Training Center to conduct consumer protection training for the City's teachers in schools at all levels, and have the teachers convey such consumer protection information to students in the schools; 5. Entrust City Government's Department of Civil Servant Development to conduct consumer protection training and lectures to public servants in the City Government and its subordinate organizations; 6. Promote consumer protection regulations and ideas to traders to reduce consumer disputes; and 7. Publicize all information related to consumers on the Internet or in the media in a timely manner.
Article 20 If the enforcement authority or consumer ombudsmen believes that there is reason for concern that a product or service provided by a trader may endanger the safety or health of consumers, an examination or testing shall be carried out immediately. The examination or testing as referred to in the preceding paragraph may be entrusted to a consumer protection organization, professional organization, or other public or private institution or organization that possesses the relevant testing equipment.
Chapter V Administrative Supervision of Consumer Protection
Article 21 If the enforcement authority believes that a product or service provided by a trader may endanger consumers' lives, bodies, health, or properties, such authority shall conduct an investigation pursuant to paragraph 2 of Article 33 of the Act. After the investigation is complete, the authority may publicize the process and results of the investigation. However, the authority shall give the trader involved an opportunity to explain before such publication. If the investigation result as referred to in the preceding paragraph reveals that there is or there may be endangerment to consumers' lives, bodies, health, or properties, the enforcement authority shall, pursuant to Article 36 of the Act, order such trader to immediately improve within the time limit, recall or destroy such goods or services, where necessary, order such trader to cease the design, production, manufacturing, processing, importation, and or distribution of such goods or the rendering of such services, or take other necessary actions. The stipulation in the preceding two paragraphs applies where a product or service provided by a trader may endanger other consumer rights.
Article 22 If the enforcement authority believes that a product or service provided by a trader has caused or may cause material injuries or damages to consumers, and such circumstances constitutes an emergency situation, then in addition to the actions to be taken pursuant to the preceding article, such enforcement authority shall publicize such trader's name, address, and goods or services through the mass media, or take other necessary actions.
Article 23 The enforcement authority or consumer ombudsmen shall deal with consumer dispute cases, and upon discovering any of the following improper marketing behaviors of a trader, may refer such cases to the Fair Trading Commission for further handling: 1. When conducting door-to-door sales, a trader provides a service, examination, or gift that is free of charge in name while it is actually a sale of goods or services. 2. A trader's conduct, language, or advertisement causes consumers to mistakenly believe the trader's personnel to be from a government agency, public interest group, or another trader, and consequently the consumer enters into a transaction with such trader. 3. A trader's conduct, language, or advertisement causes consumers to mistakenly believe that the consumer has a legal obligation to purchase, install, or use a product or service, or that it has received the permit, approval, authorization, or recommendation of a government agency, public interest group, or another trader, and the consumer consequently enters into a transaction with such trader. 4. A trader is suspected of engaging in behavior sufficiently deceptive to affect the trading order, of publishing false advertising, or of using misleading expressions.
Article 24 When dealing with a consumer dispute case, if the enforcement authority or consumer ombudsmen finds that one of the following situations exists with respect to a trader, such enforcement authority or consumer ombudsmen may publicize such trader's name, address, the product or service in dispute, and the particular problematic conduct of the trader on the Internet or in the media: 1. After the enforcement authority or consumer ombudsmen has summoned a trader to a meeting to clarify the facts of a consumer dispute case or to negotiate a resolution, such trader fails without any just cause to appoint personnel to attend such meeting. 2. After reaching an agreement in a consumer dispute case negotiation as referred to in the preceding subparagraph, a trader fails without any just cause to carry out such agreement. 3. A trader refuses to accept the return of goods or the rescission of a contract in accordance with paragraph 1 of Article 19 of the Act.
Article 25 The enforcement authority shall designate the consumer protection matters' case officer, contactor, and appropriate substitute staff to carry out consumer protection matters and relevant contact work.
Article 26 If the enforcement authority or consumer ombudsmen investigates a trader outside the jurisdiction of the City, such enforcement authority or consumer ombudsmen shall carry out such investigation along with the municipal government or the county (city) government having proper jurisdiction, or such government's ombudsmen. If the investigation result reveals that such case is punishable per the stipulations of Article 57 to Article 59 of this Act, such case shall be transferred to the municipal government or the county (city) government having proper jurisdiction over the matter for further handling.
Article 27 When necessary, the enforcement authority may request consumer ombudsmen's assistance when carrying out the authority's duties under Article 7, Article 8, Article 9, Article 10, Article 21, and or Article 22. When necessary, the consumer ombudsmen may request the enforcement authority's assistance when carrying out such authority's duties under Article 7, Article 8, Article 9, Article 10, Article 21, and or Article 22. When the consumer ombudsmen and the enforcement authority disputes over the authority as stipulated in the two preceding paragraphs, they may request the City Government to decide. When the enforcement authority carries out the investigation and the acts stipulated at Article 21 and Article 22, it shall report the handling process and results to the City Government, and copy the same to the City Government's consumer protection committee and the consumer ombudsmen. When an abrupt major consumer incident occurs, Directions for Handling Abrupt Major Consumer Dispute Cases by Taipei City shall apply to the handling of said incident. The City's consumer ombudsmen shall direct and assign tasks in said incident, and the enforcement authority shall follow the consumer ombudsmen's direction. The stipulation in the third paragraph shall not apply in this case.
Article 28 During the investigation, the enforcement authority or the consumer ombudsmen may request the City Government's Police Department to send law enforcement personnel to assist when necessary.
Chapter VI Handling of Consumer Disputes
Section 1 Complaint
Article 29 Where a consumer dispute arises between a consumer and a trader due to issues with a product or service, and one of the following situations applies to such dispute, a consumer may file a complaint to the City Government's consumer service center: 1. The trader's business office or principal office is located in the City. 2. The contract was executed or performed in the City. 3. The act of infringement took place in or the result thereof occurred in the City.
Article 30 After accepting a complaint, the consumer service center shall, according to the nature of the complaint, transfer such complaint to the enforcement authority for handling. If the enforcement authority does not notify the consumer service center of the result of the complaint handling within thirty (30) days starting from the date of the transfer, the consumer service center may transfer the complaint to the consumer ombudsmen, and notify the enforcement authority to improve its handling of such matters. Where one of the following situations exists with respect to a complaint received by the consumer service center, the consumer service center may decline to deal with such complaint, or may take other appropriate actions: 1. The complaint has already been adjudicated, mediated, or otherwise appropriately dealt with by a court; 2. The complainant has been notified to supplement or correct submissions within a prescribed time limit, and the complainant has failed to do so within the time limit; 3. The complaint does not constitute a consumer dispute; 4. The complaint is not filed by a consumer or by the consumer's agent; 5. The complaint was mediated by a mediation committee but was not successfully resolved; 6. The complaint has no respondent; 7. The complaint contains no substantial content or the complainant does not provide a real name or address; or 8. A complainant, after having received a clear and proper response to his/her complaint, files the same complaint, again.
Article 31 The enforcement authority shall handle a consumer complaint according to the following procedures: 1. If the agency has no jurisdiction over a complaint, such complaint will be recorded and transferred to the government agency having proper jurisdiction. 2. If the agency has jurisdiction over a complaint, it shall send a notice to the trader and order such trader to deal with the complaint appropriately within fifteen (15) days after the date on which the trader receives such notice. If the agency desires to learn the relevant facts, it may order the trader to provide a reply after investigation. 3. If the trader does not deal with the complaint appropriately and the enforcement authority determines that the complaint is merited, the enforcement authority shall set a date and order the trader and the complainant to appear before the enforcement authority to clarify the facts and negotiate a resolution. 4. If a complaint cannot be appropriately resolved according to the measures stipulated in the two preceding subparagraphs, the enforcement authority shall send a notice of the result of the complaint procedure to the complainant, and shall copy the City Government's consumer service center on such notice sent to the trader. The enforcement authority may also transfer the complaint to a consumer ombudsmen for further handling. The enforcement authority shall notify the City Government's consumer service center and the complainant regarding all of the processes stipulated in the preceding paragraph.
Article 32 The consumer ombudsmen shall handle a consumer complaint according to the following procedures: 1. After receiving a complaint, the consumer ombudsmen shall send a notice to the trader and order such trader to respond to the complaint appropriately within fifteen (15) days starting from the date of the trader's receipt of such notice. If the consumer ombudsmen desires to learn the relevant facts of the complaint, the ombudsmen may order the trader to provide a reply after investigation. However, if such complaint is not related to a consumer dispute, or if the consumer ombudsmen has no jurisdiction over such complaint, such complaint will be recorded and transferred to the competent authority, and the complainant will be notified of the same. 2. If a complaint involves issues on the legal regulations, the consumer ombudsmen may request the relevant agencies or organizations to explain and provide information for the consumer ombudsmen's reference. 3. When necessary, the consumer ombudsmen may order the trader and the complainant to appear before him/her to clarify the facts and negotiate a resolution. 4. If the trader and the consumer have reached an agreement on the resolution of a complaint, the consumer ombudsmen shall make negotiation records thereof, and may send such records to the parties when necessary; if a complaint cannot be appropriately dealt with, the consumer ombudsmen shall send a handling notice to the complainant, and copy such notice to the trader, and inform the consumer that the consumer may apply to the City's consumer protection mediation committee for mediation, or file a consumer claim in the Courts.
Article 33 When ordering a complainant and a trader to appear in person and negotiate during the handling of a complaint, the consumer ombudsmen may notify the enforcement authority to dispatch personnel to attend such meeting, when necessary.
Section II Mediation
Article 34 After filing a consumer complaint to the City Government's consumer service center or to the consumer ombudsmen, if such complaint is not properly responded to, the complainant may apply to the City's consumer protection mediation committee for mediation. Where both of the parties to a consumer dispute mediation case have domiciles in the City, the parties must apply to the City's consumer protection mediation committee for mediation. Where the parties do not have domiciles or residences in the City, the following rules will apply: 1. Application may be made to the consumer protection mediation committee located at the same place where the opposing party's domicile, residence, business office, or principal office is situated; 2. Application may be made to the consumer protection mediation committee located at the place where the consumer relationship arose; or 3. Application may be made to any consumer protection mediation committee after obtaining consent to do so from both parties.
Article 35 Where mediation successfully achieves the resolution of a consumer protection mediation case, a letter of mediation shall be made in writing and shall be presented to the Court for the Court's approval; where mediation is unsuccessful, a certificate stating that the mediation did not resolve the dispute shall be issued to the mediation applicant, and if said applicant initiates litigation pursuant to the law, said applicant may attach the certificate to the pleading.
Article 36 An enforcement authority or a consumer ombudsmen shall keep the information learned when dealing with a consumer dispute complaint confidential pursuant to the law, and shall not disclose or misuse such information; if it is found that the conduct alleged in the complaint may constitute a crime, such complaint shall be transferred to the police agency or the prosecutor to be dealt with.
Chapter VII Penal Provisions
Article 37 A party who violates Article 4 I or VI shall be punished with an administrative fine of NT$ 30,000 to NT$ 100,000. If such party fails to take corrective action as ordered within the time limit prescribed, such party may be punished repeatedly for each failing.
Article 38 A trader who violates any of the stipulations of Article 8 to Article 10, and who then fails to take corrective actions as ordered within the time limit prescribed, shall be punished for each failure with an administrative fine of NT$ 20,000 to NT$ 100,000. A trader who violates Article 7 shall be punished for each violation with an administrative fine of NT$ 20,000 to NT$ 100,000.
Article 39 A trader who evades, obstructs, or refuses any investigation conducted by an enforcement authority in accordance with Paragraph 1 of Article shall be punished for each act of such evasion, obstruction, or refusal with an administrative fine of NT$ 30,000 to NT$ 300,000 pursuant to Article 57 of the Act. A trader who evades, obstructs, or refuses any investigation conducted by an enforcement authority in accordance with paragraph 3 of Article 21 shall be punished for each act of such evasion, obstruction, or refusal with an administrative fine of NT$ 20,000 to NT$ 100,000.
Article 40 A trader who fails to comply with an order given by an enforcement authority in accordance with paragraph 2 of Article 21 shall be punished for each instance of noncompliance with an administrative fine of NT$ 60,000 to NT$ 1,500,000 pursuant to Article 58 of the Act. A trader who fails to comply with an order given by an enforcement authority in accordance with paragraph 3 of Article 21 shall be punished for each instance of noncompliance with an administrative fine of NT$ 20,000 to NT$ 100,000.
Article 41 Where a situation as listed at Article 22 exists with respect to a trader, the enforcement authority may punish the trader with an administrative fine of NT$ 150,000 to NT$ 1,500,000 pursuant to Article 59 of the Act.
Article 42 When an enforcement authority orders a trader to take remedial action within a time limit or to pay a fine under the provisions of this Ordinance, the enforcement authority shall do so in the name of the Competent Authority.
Chapter VIII Supplementary Provisions
Article 43 This Ordinance is effective from the date of publication hereof.