2022-11-16 (Amended)
  • Chapter 1 General Principles
  • Article 1
    This Self-Government Ordinance is enacted to protect consumer rights and interests, promote consumer safety in daily life, and improve the quality of consumer life within Taipei City (hereinafter referred to as the "City").
  • Article 2
    The competent authority for this Self-Government Ordinance is the Taipei City Government (hereinafter referred to as the "City Government"). The executive authorities are the various competent authorities under the City Government.
    In cases where the executive authorities stipulated in the preceding paragraph are unclear, the Department of Legal Affairs of the City Government shall report to the City Government for designation. Where such matter falls within the authority of the central competent authority, the Department of Legal Affairs of the City Government shall report to the Executive Yuan for designation in accordance with applicable procedures.
    The competent authority stipulated in Paragraph 1 may delegate executive authorities to exercise its authority.
  • Chapter 2 Protection of Consumer Rights
  • Article 3
    The owners or users of consuming places within the City, which are required to be insured against public liability, shall procure public liability insurance.
    Business operators utilizing venues managed by various venue management authorities of the City Government as consuming places shall submit a certificate of public liability insurance and obtain approval from the venue management authorities prior to utilizing the venues, unless the insurance has already been procured by the venue management authorities.
    The consuming places stipulated in the preceding two paragraphs refer to locations where consumer relationships are established.
    The executive authorities of the City Government responsible for overseeing consuming places shall verify whether the consuming places stipulated in Paragraph 1 have obtained public liability insurance when conducting public safety inspections, issuing certifications, licenses, or conducting related business inspections.
    The types of consuming places that are required to procure public liability insurance, as well as the scope and minimum insured amount of the insurance, as stipulated in Paragraph 1, shall be enacted by the City Government.
  • Article 4
    No license shall be issued unless the owners or users of consuming places enclose a certificate of public liability insurance with the relevant license application.
    The owners or users of consuming places shall submit a certificate of public liability insurance to the City Government for reference annually. The same requirement shall apply in the event of any policy amendments.
  • Article 5
    Where major disasters occur within the City at consuming places or involve goods or services provided by business operators, which cause material damage to the lives, bodies, health, or properties of the consumers, the executive authorities may, with the consent of the affected consumers or the parents, children or spouses of the deceased consumers, provide assistance in the process of applying to the court for provisional attachments of the properties of business operators, responsible persons of enterprises, or any other legally liable parties. They may also assist in handling compensation settlement matters or provide other necessary legal services and support.
    The criteria for identifying major disasters and the scope of support, as stipulated in the preceding paragraph, shall be enacted by the City Government.
  • Article 6
    Business operators providing pay-call services shall not advertise in newspapers or magazines primarily targeting juveniles under the age of 18, nor shall they distribute promotional materials to them.
  • Article 7
    Business operators utilizing standard contracts shall adhere to the principle of good faith, equality and reciprocity, and comply with mandatory or prohibitory provisions of standard contracts promulgated by the relevant competent authorities under the central government.
    Prior to entering into contracts with consumers, business operators shall provide consumers a reasonable period to review the contract terms.
    Business operators shall comply with applicable laws and mandatory or prohibitory provisions of standard contracts promulgated by the relevant competent authorities under the central government, and shall duly arrange performance guarantees.
  • Article 8
    Business operators entering into contracts with consumers via distance or door-to-door sales shall provide consumers with the following information in writing in a clear and understandable manner:
    1. the contact information through which consumers can receive prompt and effective communication, including the names of the business operators, their representatives, the addresses of their offices or business premises, phone numbers, or email addresses;
    2. the contents, consideration, payment due dates, payment methods, delivery dates, and delivery methods for goods or services;
    3. the time limits and procedures for consumers to exercise their right to rescind contracts pursuant to Article 19 of the Consumer Protection Act (hereinafter referred to as the “CPA”);
    4. the right to rescind, as stipulated in Paragraph 1 of Article 19 of the CPA, does not apply to goods or services that fall within the scope of Paragraph 2 of the same article;
    5. methods for accepting consumer complaints;
    6. any other matters promulgated by the central competent authority.
    Distance sales conducted via the Internet shall provide consumers with the information stipulated in the preceding paragraph in electronic format that is complete, reviewable, and downloadable for consumers.
  • Article 9
    Business operators shall provide consumers with sufficient and accurate information regarding the goods or services provided, and shall not engage in misleading, concealing, or deceptive practices.
  • Article 10
    Unless otherwise stipulated by laws or by mandatory or prohibitory provisions of standard contracts promulgated by the relevant competent authorities under the central government, when business operators provide goods or services to consumers by means of installment credit repayment through lending institutions (hereinafter referred to as the “Consumer Loan Contract”) or agree to assign their claims to lending institutions, whereby consumers repay the lending institutions in installments (hereinafter referred to as the “Claim Assignment Contract”), the business operators shall inform consumers of the following matters in the contracts and obtain documents certifying the consumers’ acknowledgment of being informed:
    1. consumers fully understand that the Consumer Loan Contracts or the Claim Assignment Contracts constitute loan arrangements with a designated purpose, and that the funds will be disbursed directly to the designated accounts of the business operators in accordance with the consumers’ instructions;
    2. the names and contact information of the lending institutions;
    3. the interest rate, number of installments, total loan amount, and other terms of the Consumer Loan Contracts or the Claim Assignment Contracts;
    4. where business operators cease to provide prepaid goods or services due to temporary closure or cessation of operations, consumers may request lending institutions to suspend payments of the outstanding loan balance for unprovided services, provided that they submit legal attest letters sent to the business operators or other supporting documents proving to the lending institutions that the business operators can no longer provide the services. This subparagraph shall not apply where business operators have provided performance guarantees;
    5. where contracts for goods or services are terminated or rescinded, the Consumer Loan Contracts or the Claim Assignment Contracts shall also be terminated or rescinded. Where business operators can prove to lending institutions that the termination or rescission of the contracts for goods or services is attributable to the consumers, the lending institutions may collect the installment payments directly from the consumers for services provided.
    Business operators shall furnish consumers with original copies of the Consumer Loan Contracts or the Claim Assignment Contracts upon execution of this contracts.
    With the consent of consumers, the contracts and supporting documents stipulated in the preceding two paragraphs may be presented electronically by business operators in accordance with the Electronic Signatures Act.
  • Article 11
    Business operators shall furnish the following documents to exhibition organizers for inspection before selling goods or services at exhibitions:
    1.certificates of company or business registration and other supporting documents. Business operators shall also provide business licenses issued by the relevant competent authorities where their business activities re-quire such approval;
    2.business operators shall provide certificates of performance guarantees where the goods or services provided require such guarantees pursuant to applicable laws and mandatory or prohibitory provisions of standard contracts promulgated by the relevant competent authorities under the central government.
    Exhibition organizers shall inspect the documents of business operators participating in the exhibitions in accordance with the preceding paragraph. Business operators failing to furnish the required documents stipulated in the preceding paragraph shall be denied participation in the exhibitions by the organizers.
    Exhibition organizers shall promptly report to the City Government upon discovering that the goods or services provided by business operators participating in the exhibitions are materially detrimental to the rights and interests of consumers during the exhibitions.
  • Chapter 3 Consumer Protection Groups
  • Article 12
    The executive authorities or the consumer ombudsmen may, when considered necessary, delegate the following matters to consumer protection groups:
    1.conduct investigations, comparisons, tests, and research on the prices, quality, and labeling of goods or services;
    2.conduct investigations, analyses, and reaching conclusions on consumer opinions;
    3.conduct consumer education and awareness initiatives.
  • Article 13
    In handling consumer disputes involving twenty or more victims arising from the same cause of action, the executive authorities or the consumer ombudsmen may, with the consent of the affected consumers, request assistance from consumer protection groups that comply with Paragraph 1 of Article 49 of the CPA to file class action lawsuits.
    The necessary expenses for lawsuits filed by consumer protection groups, as stipulated in the preceding paragraph, may be subsidized at the discretion of the executive authorities or the competent authority with which the consumer ombudsmen are affiliated.
  • Article 14
    The executive authorities or the consumer ombudsmen may, upon approval by the City Government, issue certificates of recognition, award plaques or provide financial grants or subsidies to consumer protection groups that make a significant impact on assisting in the promotion of consumer protection efforts within the City.
    The regulations governing the grants or subsidies, as stipulated in the preceding paragraph, shall be enacted by the City Government.
  • Chapter 4 Consumer Protection Organizations and Administration
  • Section 1 Consumer Protection Organizations
  • Article 15
    The City Government shall establish a Consumer Protection Committee to formulate, deliberate on, and promote the implementation of consumer protection projects within the City. The scope of authority of the committee is as follows:
    1. deliberation of consumer protection projects;
    2. coordination matters of the executive authorities in relation to consumer protection projects and measures;
    3. supervision of the executive authorities in the exercise of their powers.
    The regulations governing the establishment of the Consumer Protection Committee, as stipulated in the preceding paragraph, shall be enacted by the City Government.
  • Article 16
    The City Government shall establish a Consumer Service Center within the Department of Legal Affairs, consisting of one chief officer and several personnel for consumer affairs, to handle consumer consultation services, education and awareness initiatives, complaints, and other related matters. The Consumer Service Center may also establish sub-centers in each district office.
  • Article 17
    The City Government shall assign several consumer ombudsmen and personnel for consumer affairs within the Department of Legal Affairs to implement consumer protection initiatives. Where the number of consumer ombudsmen reaches three, one shall be appointed to concurrently serve as the chief consumer ombudsman.
  • Article 18
    The City Government shall establish a Consumer Dispute Mediation Committee, consisting of seven to twenty-one members, to mediate consumer disputes within the City. The members shall serve a two-year term and may be reappointed for consecutive terms. Except for consumer ombudsmen, who shall serve as ex officio members, the other members shall be appointed by the City Government from among scholars, experts, representatives of the City Government, representatives of consumer protection groups, and representatives of professional associations to which business operators belong or are related.
    The number of members appointed from the representatives of consumer protection groups and professional associations to which business operators belong or are related shall be equal.
  • Section 2 Consumer Protection Administration
  • Article 19
    The Consumer Service Center shall regularly compile consumer protection executive matters submitted by the executive authorities and report them to the Consumer Protection Committee of the City Government.
  • Article 20
    Consumer Service Center and executive authorities may, based on their available human and financial resources, conduct the following consumer education and awareness initiatives:
    1. issue consumer warnings via media channels or the Internet, or create cartoons and other promotional pamphlets for widespread public education and distribution;
    2. organize consumer rights education or promotional campaigns;
    3. compile and publish consumer education materials;
    4. delegate the Taipei City Teachers’ In-Service Education Center to conduct training sessions on consumer protection awareness and competency for teachers at all school levels within the City, and to further promote such knowledge to students via assemblies upon their return to school;
    5. delegate the Department of Civil Servant Development of the City Government to conduct training sessions and seminars on consumer protection awareness and competency for civil servants of the City Government and its subordinate authorities;
    6. promote awareness and understanding of consumer protection regulations and principles among business operators to proactively prevent consumer disputes;
    7. issue various consumer-related information via the Internet or media channels in a timely manner.
  • Article 21
    The executive authorities or the consumer ombudsmen shall promptly conduct inspections or tests upon finding that the goods or services provided by business operators are suspected of endangering safety or sanitation.
    The inspections or tests stipulated in the preceding paragraph may, for a fee, be delegated to consumer protection groups, professional associations, or other public or private entities or associations equipped with relevant inspection instruments.
  • Chapter 5 Administrative Supervision for Consumer Protection
  • Article 22
    The executive authorities shall promptly conduct an investigation pursuant to Paragraph 2 of Article 33 of the CPA upon finding that the goods or services provided by business operators are suspected of endangering the lives, bodies, health, or properties of consumers. Upon completion of the investigation, the executive authorities may disclose the process and results thereof. However, prior to such disclosure, they shall afford business operators the opportunity to present an explanation.
    The executive authorities shall order business operators to undertake improvements, recalls, or destruction within a specified period pursuant to Article 36 of the CPA, where the results of the investigation stipulated in the preceding paragraph determine that the goods or services provided by the business operators have endangered or are suspected of endangering the lives, bodies, health or properties of consumers. When necessary, they may also order business operators to immediately cease the design, production, manufacture, process, importation, distribution of goods, or the provision of services, or implement other necessary measures.
    Where the goods or services provided by business operators are suspected of infringing other rights or interests of consumers, the preceding two paragraphs shall apply mutatis mutandis.
  • Article 23
    In addition to the dispositions taken pursuant to the preceding Article, the executive authorities shall promptly disclose, via mass media, the names and addresses of such business operators, as well as the goods or services provided, or implement other necessary dispositions where the goods or services provided by business operators have caused or are suspected of causing material injuries or damages to consumers, and that an emergency exists.
  • Article 24
    When handling consumer disputes, the executive authorities or the consumer ombudsmen may refer the matter to the Fair Trade Commission or other relevant competent authorities upon finding that business operators have engaged in any of the following improper sales practices:
    1. selling goods or services during door-to-door sales under the pretense of providing gratuitous services, inspections, or gifts;
    2.engaging in acts, making statements, placing advertisements to mislead con-sumers into believing that the business operators are officers of government authorities, members of public welfare organizations, or personnel of other business operators, thereby inducing consumers to engage in transactions;
    3.engaging in acts, making statements, placing advertisements to mislead con-sumers into believing that they have a legal obligation to purchase, install, or use certain goods or services;
    4.engaging in acts, making statements, placing advertisements to mislead con-sumers into believing that the business operators have obtained approvals, ac-creditations, authorizations, or recommendations from government authorities, public welfare organizations, or other business operators, thereby inducing consumers to engage in transactions;
    5.making false or misleading representations or indications regarding the goods, services, or their advertisements, or via other methods of public disclosure, concerning matters related to the goods or services, that are sufficient to affect consumers’ transactional decisions.
  • Article 25
    When handling consumer disputes, the executive authorities or the consumer ombudsmen may disclose, via the Internet or media, the name of business operators, the goods or services in dispute, and the conduct of business operators upon finding that the business operators fall within any of the following circumstances:
    1. the business operators failed to appoint representatives to attend, without proper justifications after being notified by the executive authorities or the consumer ombudsmen for clarification or resolution;
    2. the business operators failed to perform the settlement reached through the negotiation of the consumer disputes referred to in the preceding subparagraph, without justifications;
    3. refusing consumers’ return of goods or termination of contract pursuant to Paragraph 1 of Article 19 of the CPA.
  • Article 26
    The executive authorities shall appoint consumer protection officers, contact persons, and their deputies to duly handle consumer protection affairs and liaison work within their scope of authority and responsibilities.
  • Article 27
    Where the executive authorities or the consumer ombudsmen investigate business operators outside the territory of the City, such investigation shall be conducted in collaboration with the competent authorities of the special municipality or county (city) or their consumer ombudsmen. Where the results of the investigations determine that penalties may be imposed pursuant to Articles 57 to 59 of the CPA, the executive authorities shall refer the entire case to the competent authorities of the special municipality or county (city) for further handling.
  • Article 28
    When necessary, the executive authorities may exercise their powers under the CPA or this Self-Government Ordinance in collaboration with the consumer ombudsmen .
    When necessary, the consumer ombudsmen may exercise their powers under the CPA or this Self-Government Ordinance in collaboration with the executive authorities.
    Any disagreements between the executive authorities and the consumer ombudsmen concerning the exercise of the powers stipulated in the preceding two paragraphs may be reported to the City Government for determination.
    The executive authorities shall notify the consumer ombudsmen of the process and results of the investigations and dispositions they conducted pursuant to the CPA or this Self-Government Ordinance.
    Where any unexpected major consumer-related events such as unannounced cessation of operations by business operators, occurs within the City, the consumer ombudsmen may direct and assign tasks accordingly, and the executive authorities shall comply therewith. In such cases, Paragraph 3 of this Article shall not apply.
  • Article 29
    When necessary, the executive authorities or the consumer ombudsmen may request assistance from the Taipei City Police Department or other relevant authorities to appoint personnel to assist in investigation or handling of unexpected major consumer-related events.
  • Chapter 6 Handling of Consumer Disputes
  • Section 1 Complaint
  • Article 30
    Consumers may file complaints with the Consumer Service Center where consumer disputes between consumers and business operators arising from goods or services fall within any of the following circumstances:
    1. the business premises or offices of the business operators are located within the City;
    2. the places where the contracts were executed or performed are within the City;
    3. the places where the torts were committed or where the results occurred are located within the City;
    4. the domiciles or residences of consumers are located within the City.
  • Article 31
    Complaint cases shall be promptly referred to executive authorities for handling in accordance with their nature upon being accepted by the Consumer Service Center. Where the executive authorities fail to inform the Consumer Service Center of the handling result within 30 days from the date of referral, the Consumer Service Center may, upon the complainant’s application, refer the case to the consumer ombudsmen for handling and notify the executive authorities in writing for improvement.
    The Consumer Service Center shall reject complaints and notify the complainants in writing where the complaints fall within any of the following circumstances:
    1. the oral arguments regarding the consumer disputes have concluded, or the judgments concerning the consumer disputes have been rendered by the court of first instance;
    2. the documents related to the complaints have not been corrected within the time period specified in the notices;
    3. the matters are not classified as consumer dispute events;
    4. the complaints were not filed by the consumers or their authorized agents;
    5. the consumers have already applied for mediations pursuant to Article 44 of the CPA, but the mediations did not result in any agreements;
    6. settlements have been reached through mediations or arbitral awards have been rendered in accordance with applicable laws;
    7. complaints regarding identical consumer disputes have already been filed pursuant to Article 43 of the CPA.
  • Article 32
    The executive authorities shall handle complaint cases in accordance with the following procedures:
    1. where complaint cases fall outside the scope of the executive authorities’ responsibilities, they shall be recorded and referred to the responsible competent authorities;
    2. except in the circumstance stipulated in the preceding subparagraph, the executive authorities shall require business operators to properly handle the complaints within 15 days from the date of receipt of the written notice. Where it is necessary to understand the facts and background of the cases, the executive authorities may forward the complaints to the business operators for verification and response;
    3. where complaints are not properly handled by business operators and the executive authorities find the complainant’s claim reasonable, the executive authorities may arrange meetings between the business operators and the complainants for clarification and resolution;
    4. where complaints remain improperly handled after the implementation of the preceding two subparagraphs, the executive authorities shall notify the complainants in writing and furnish copies to the business operators. Upon the complainant’s application, the executive authorities may also refer the cases to the consumer ombudsmen or the Consumer Dispute Mediation Committee of the City for handling.
    Executive authorities shall furnish the Consumer Service Center and the complainants with copies of any actions taken pursuant to the preceding paragraph.
    Subject to the consent of the complainants, business operators, or the Consumer Service Center, notifications from the executive authorities pursuant to the preceding two paragraphs may be issued in electronic format.
  • Article 33
    The consumer ombudsmen shall handle complaint cases in accordance with the following procedures:
    1. cases that are not classified as consumer disputes or do not fall under Article 30 shall be rejected or referred to the competent authorities, with copies furnished to the complainants;
    2. where it is necessary to understand the facts and background of the cases, the consumer ombudsmen may request the business operators, consumer protection groups or relevant authorities (organizations) to provide relevant information for reference or may request the business operators for verification and response;
    3. the consumer ombudsmen may request relevant authorities (organizations) to provide clarification and relevant information for reference where there are ambiguities concerning the provisions of laws and regulations;
    4. the consumer ombudsmen may notify the business operators and complainants to attend in person, via video conferencing or other means for clarification and resolution, where necessary;
    5. a record of the negotiation shall be made upon reaching an agreement and, where necessary, furnished to both parties. Where complaints are not properly handled, the consumer ombudsmen shall inform the complainants that they may apply to the Consumer Dispute Mediation Committee for mediations or directly file consumer lawsuits with the court.
    Subject to the consent of the complainants or business operators, notifications from the consumer ombudsmen pursuant to the preceding paragraph may be issued in electronic format.
  • Article 34
    When handling complaint cases and notifying the complainants and the business operators to engage in negotiations, the consumer ombudsmen may, where necessary, request the executive authorities to designate representatives to attend.
  • Section 2 Mediation
  • Article 35
    Consumers may submit applications for mediation to the Consumer Dispute Mediation Committee of the City where they believe that their complaints have been improperly handled.
    Consumers shall submit applications for mediation to the Consumer Dispute Mediation Committee of the City where the domiciles, residences, business premises, or offices of both parties involved in the consumer dispute mediation cases are located within the City. Consumers may submit applications for mediation to the Consumer Dispute Mediation Committee of the City where their cases fall within any of the following circumstances:
    1.the domiciles or residences of the consumers, or the business premises or of-fices of the business operators, are located within the City;
    2.the consumer relationships were established within the City;
    3.both parties agree to mediation within the City.
  • Article 36
    Mediation agreements shall be drafted and submitted to the court for approval where an agreement is reached in consumer dispute mediation cases. Upon approval by the court, the mediation agreements shall have the same binding effect as final civil judgments.
    Where mediations do not result in agreements, the certificates of mediation failure shall be issued. The petitioners may attach the certificates of mediation failure to their pleadings when initiating lawsuits pursuant to applicable laws.
  • Article 37
    The executive authorities and consumer ombudsmen shall maintain the confidentiality of any information obtained when handling consumer dispute cases and shall neither disclose nor improperly utilize such information. Where cases are found to involve criminal liability, they shall be referred to the relevant judicial authorities.
  • Chapter 7 Penalties
  • Article 38
    Owners or users of consuming places violating Paragraph 1 of Article 3, may be fined between NT$30,000 and NT$100,000, and may be ordered to make corrections within a specified period. Where the owners or users failed to make corrections within the specified period, the penalty may be imposed on a per-event basis.
    Owners or users of consuming places violating Paragraph 2 of Article 4, and failing to make corrections within the specified period after receipt of notice, the owners or users may be fined between NT$30,000 and NT$100,000, and the penalty may be imposed on a per-event basis.
  • Article 39
    Business operators violating Article 6 may be fined between NT$20,000 and NT$100,000, and the penalty may be imposed on a per-event basis.
    Business operators violating the first part of Paragraph 1 of Article 7, Paragraph 2 or Paragraph 3 of Article 7, or Articles 8 to 10, and failing to make corrections within the specified period after receipt of notice, the business operators may be fined between NT$20,000 and NT$100,000, and the penalty may be imposed on a per-event basis.
  • Article 40
    Business operators evading, obstructing, or refusing any investigation conducted by the executive authorities pursuant to Paragraph 3 of Article 22, or violating any order issued by the executive authorities pursuant to Paragraph 3 of Article 22, may be fined between NT$20,000 and NT$100,000, and the penalty may be imposed on a per-event basis.
  • Article 41
    Exhibition organizers violating Paragraph 2 or Paragraph 3 of Article 11 may be fined between NT$10,000 and NT$100,000, and the penalty may be imposed on a per-event basis.
  • Chapter 8 Supplementary Provisions
  • Article 42
    This Self-Government Ordinance shall be enforced from the date of promulgation.
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