(TAIWAN) CONSUMER PROTECTION LAW
(TAIWAN) CONSUMER PROTECTION LAW
(As promulgated on January 11, 1994 and effective on January 13, 1994)
(Amended on January 22, 2003,by adding Articles 7-1, 10-1, 11-1, 19-1, 44-1,
and 45-1 to 45-5, and amending Articles 2, 6, 7, 13, 14, 15, 16, 17, 35, 38,
39, 41, 42, 49, 50, 57, 58 and 62)
Chapter I – General Principles
The Consumer Protection Law (hereinafter “this law”) is enacted for the purposes of protecting the interests of consumers, facilitating the safety of the consumer life of nationals, and improving the quality of the consumer life of nationals.The protection of consumers shall follow the provisions of this law,and where this law does not provide, other laws shall be applicable.
Definitions of terms as used in this law are as follows:
1. The term “consumers” means those who enter into transactions, use goods or accept services for the purpose of consumption.
2. The term “business operators” means those who are engaged in the business of designing, producing, manufacturing, importing or distributing goods, or providing services.
3. The term “consumer relationship” means the legal relationship arising between consumers and business operators for sale of goods or provision of services.
4. The term “consumer dispute” means a dispute between consumers and business operators as a result of the sale of goods or provision of services.
5. The term “consumer litigation” means litigation brought to court because of consumer relationship.
6. The term “consumer protection groups” means approved legal entitles established in accordance with the laws for the purpose of protecting consumers.
7. The term “articles in standard contract” refers to contract terms unilaterally prepared by business operators for entering into contract with non-specific and multiple parties. In addition to written form, the articles for standard contracts also include these which can be shown on the public screens, flyers, public message boards, the Internet, or other methods.
8. The term “bargaining terms” means contract terms which come to agreement through separate bargaining by contracting parties.
9. The term “standard contracts” means contracts in which articles for standard contracts are fully or partially prepared by business operators.
10. The term “mail order purchase” means any transaction in which business operators utilize radios, television broadcasts, telephone, facsimile, catalogue, newspaper, magazine, Internet, flyer, or other similar mechanisms, but a consumer does not have any opportunity to review the purchased merchandise.
11. The term “door-to-door sale” means a sale completed through business operators’ solicitation at the consumer’s premises or other locations without any invitation.
12. The term “instalment sales” means the type of transaction under a sales contract in which the consumer is required to pay a down payment, with the balance to be paid in instalments, and the business operator shall deliver the subject matter to the consumers upon receipt of the down payment.
In order to achieve the purposes of this law, the government shall implement the following measures and shall periodically review, coordinate and improve laws and regulations relating to the following matters and their enforcement:
1. Maintaining the quality, safety and sanitation of goods and services;
2. Preventing goods or services from injuring the lives, bodies, health, properties or other interests of the consumers;
3. Ensuring that the labeling of goods or services shall me
et the requirements of laws and regulations;
4. Ensuring that the advertisings of goods or services shall meet the requirements of laws and regulations;
5. Ensuring that the measurements and weights of goods and services shall meet the requirements of laws and regulations;
6. Facilitating the maintenance of reasonable prices for goods and services;
7. Facilitating the reasonable packaging of goods;
8. Facilitating fair trade in goods or services;
9. Facilitating and encouraging consumer protection groups;
10. Coordinating for handling consumer dispute;
11. Promoting consumer education;
12. Handling consumer consulting services;
and 13. Other consumer protection measures necessary for the development of the consumer life.
In order to achieve the foregoing purposes, the government shall enact relevant laws.
With regard to goods or services provided by them, business operators shall pay attention to the health and safety of consumers, and shall explain to the consumers the methods of use for goods and services, ensure the fairness of transactions, provide consumers with adequate and accurate information, and implement other measures necessary to protect consumers.
All the government, business operators and consumers shall endeavor together to enhance consumer information, provide the same to be used by the consumers so as to ensure that appropriate and reasonable consumer behaviors can be adopted, in order to ensure their safety and interests.
The competent authorities defined by this Law at the central government level shall be the competent authorities having primary jurisdictions, at the municipal level the municipal governments and at the county city levels the county and city governments.
Chapter II – Rights and Interests of Consumers
Subchapter One – Safeguard of Health and Safety.
Business operators engaging in the design, production or manufacture of goods or in the provisions of services shall ensure that goods and services provided by them meet and comply with the contemporary technical and professional standards of the reasonably expected safety before the sold goods are launched into the market, or at the time of rendering services. Where goods or services may endanger the lives, bodies, health or properties of consumers, a warning and the methods for emergency handling of such danger shall be labelled at the conspicuous place. Business operators violating the foregoing two paragraphs and thus causing injury to consumers or third parties shall be jointly and severally liable therefor, provided that if business operators can prove that they are not guilty of negligence, the court may reduce their liability for damages.
Where business operators allege that their goods launched into the market or services provided at the time of rendering were in compliance with the contemporary technical and professional standards of reasonably expected safety, they are required to produce evidence in support thereof. Goods or services can not be presumed inconsistent with the requirement of safety set forth in the 1st paragragh of the preceding Article simply because of the subsequently coming up of better goods or services.
Business operators engaging in distribution of goods or services and sales shall be jointly and severally liable for damages with such business operators engaging in the design, production or manufacture of goods or services with respect to injury caused by such goods or services, provided that if they have exercised due care for the prevention of such injury, or even if they had exercised due care, injury would still have occurred, such joint and several liability shall not be applicable. Business operators refered to in the preceding paragraph retrofit goods or package bulk goods into smaller units or alter the nature of services shall be deemed as business operators set forth in the preceding Article.
Business operators engaging in the importation of goods or services shall be deemed as the designers, producers or manufacturers of such goods or the providers of such services and shall therefore bear the liability of producers set forth in Article 7 of this law.
Where there are facts sufficient to prove the existence of suspection that goods or services provided will endanger the safety and health of consumers, business operators shall immediately recall such goods or discontinue such services, provided that if necessary treatments taken by business operators are sufficient to remove such danger, the foregoing recalling is not applicable.Where goods or services are of a threat to endanger the lives, bodies, health or properties of the consumers in the ab
sence of conspicuous warning label with descriptions of the methods for emergency handling of such danger, the provision of the preceding paragraph shall apply mutatis mutandis.
The liability for damages of business operators to customers set forth in this Subchapter shall be prohibited from being limited or exempted in advance.
Subchapter Two – Standard Contracts
The terms and conditions used in the standard contracts by the business operators shall be based on the principles of equality and reciproity.Where the terms and conditions of standard contracts are ambiguous, interpretations shall be made in favor of the consumers.
Before business operators intend to make a standard contract with consumers , a reasonable period of no less than thirty （30）days must be given to consumers for them to review the contents of all terms and conditions thereof in violation of the preceding provisions ,such terms and conditions shall not constitute the contents of the standard contract.The central competent authority may select a particular industry and post to the public the appropriate review period of a standard contract with
reference to the importance of such terms and conditions,number of matters concerned and degree of complication in a standard contract.
Terms and conditions set in a standard contract, which violate the principle of good faith and are conspicuously unfair to consumers, shall be null and void.Where the terms and conditions of standard contracts fall within any of the following circumstances, they shall be presumed to be unfair:1. They violate the principle of the equality and reciprocity; 2. They are obviously contradictory to the legislative purport of the discretionary provisions which may be excluded by such terms and cond
itions; or 3. where the chief rights or obligations of the contract are restricted by such terms and conditions and as a result, the purpose of the contract can not be achieved.
Where articles in standard contracts are not specified in a standard contract, business operators are required to expressly illustrate their contents to consumers; and where it is obviously difficult to expressly illustrate their contents, a public notice of their contents shall be prominently made and, upon the consent of the consumers to be so bound, such terms shall constitute a part of the contract.In the circumstance set forth in the preceding paragraph, business operators ,at the request of
consumers, shall provide photocopies of the articles in a standard contract or affix such photocopies as an attachment to the contract.
Where articles in standard contracts are not specified in a standard contract and, under normal circumstances, they can not be foreseen by consumers, such articles shall not constitute a part of the contract.
Whewe articles in standard contracts in a standard contract contradict the bargaining contracts, the contradicted part shall be null and void.
Where in articles for a standard contract are null and void in whole or in part or do not constitute a part of the contract, and if the contract can be upheld without such portions, the remaining parts of the contract shall still be valid, except when they are obviously unconscionable to one of the parties, the entire contract shall be null and void.
The competent authorities at the central government level may designate certain industries, and set forth by public notice the mandatory and prohibitory provisions of standard contracts to be used by them.Articles in standard contracts of a standard contract in violation of the publicly posted standard contracts set forth in the preceding paragraph shall be null and void, and the validity of such contract shall be governed by the provisions of the preceding Article. Competent authorities may at an
y time dispatch officials to audit standard contracts used by business operators .
Subchapter Three – Extraordinary Purchase and Sale.
Business operators engaging in mail order purchase or door-to-door sales shall inform buyers- consumers, who make the purchase, of the terms of such purchase and the name, the title, the responsible person, office or residence of the seller.
Consumers of a mail order or door-to -door sale, if unwilling to purchase the goods received by them, may return the goods or notify in writing the business operators to rescind the purchase contract within 7 days upon receipt of such goods without stating reasons or paying any expenses or the purchase price.Any covenants set forth in the mail order purchase or door-to-door sale violating the preceding paragraph shall be null and void.In case of the termination of the aforesaid contract, if the ag
reement relating to restitution between the business operators and consumers is less favorable to the consumers than the provision Article 259 of the civil code, such agreement shall be null and void.
The provisions of the foregoing two articles shall be applied , mutatis mutandis ,to services offered and rendered.
Consumers shall not be held responsible for keeping custody of goods mailed or delivered to them without an offer by consumers.The sender of the goods set forth in the preceding paragraph shall be deemed to have abandoned the goods mailed or delivered, if after a reasonable period set by the consumer’s notice, the sender still fails to repossess such goods or if a notice by the consumer can not be made. Even though no notice is given by the consumer, if the consumer has not expressed acceptance fo
r over one month after such mailing or delivery, the goods shall be similarly deemed abandoned so long as they are not repossessed.Consumers may claim compensation for damage suffered as a result of the mailed goods and may claim reimbursement of necessary expenses for handling the mailed goods.
Contracts of installment sales between business operators and consumers shall be made in writing.The written contract in the preceding paragraph shall specify the following particulars:1.the amount of down-payment, 2.the price difference between the total price by adding up the amount of each installment and other incidental charges and the cash transaction price, and3.the interest rates.Where business operators fail to specify the interest rates in accordance with the preceding paragraph, the int
erest rate shall be calculated at 5% per annum of the cash transaction price.If business operators violate the provisions of paragraph 2,subparagraphs 1and 2, the consumers shall not be liable to pay any price above the cash transaction price.
Subchapter Four – Regulations Governing Consumer Information
Business operators shall ensure the accuracy of the contents of advertisements and their obligations to consumers shall not be less than what is stated in the advertisements.
If a media business operator engaging in publishing or reporting advertisements knows or should have known that the contents of the advertisements are inconsistent with the facts, it shall be jointly and severally liable to consumers for their reliance upon such advertisements.The foregoing liabilities for compensation may not be restricted or waived by any agreement in advance.
Business operators shall label on the products or for services in accordance with the Products Labeling Law and other relevant laws and regulations.Imported goods or services shall be accompanied with labels and instructions in Chinese, the contents of which shall not be less comprehensive than the contents of such labels or pamphlets required in the place of their origin.If imported goods or services at the place of their origin are accompanied with warning labels, the preceding paragraph shall
apply mutatis mutandis.
Business operators shall furnish written warranties by their own initiatives when they warrant to consumers concerning the quality of goods or services.The written warranties set forth in the foregoing paragraph shall specify the following particulars:1.the name, type and quantity of goods or services and, the manufacture numbers or batch numbers if any; 2.contents of such warranties； 3.the period of the warranties and the method for calculating commencement of such warranty period; 4.the name an
d address of the manufacturer; 5.if sold by a distributor, the name and address of the distributor; and 6.the date of the transaction.
In order to ensure the quality of goods and the safety of consumers, business operators shall provide shockproof, moisture-proof, dust-proof or other necessary package to preserve the goods in accordance with the nature of and transactional practice for goods supplied by them, provided that they may not exaggerate the contents of such goods or provide excessive packaging thereof .
Chapter III – Consumer Protection Groups
Consumer protection groups may only be in the form of juridical person of a society or foundation.Consumer protection groups shall set the protection of consumer interests and the promotion of consumer education as their primary purposes.
The tasks of consumer protection groups are as follows：1. the survey, comparison, research and announcement of the prices of goods or services; 2. the survey, testing, research and announcement of the quality of goods or services; 3. the survey, comparison, research and announcement of the labeling of goods and their contents; 4. consultation, introduction and reporting relating to consumer information; 5. the editing and publishing of consumer protection publications; 6.
the survey, analysis and conclusion of compilation opinions; 7. accepting consumers’ complaints and mediating consumer disputes; 8. handling consumer disputes and filing consumer litigations; 9. suggesting to the government to take appropriate consumer protection legislation or administrative measures;10. suggesting to business operators to adopt appropriate consumer protection measures; and11. other matters relating to the protection of consumers interests.
In order to engage in the testing of goods or services, consumer protection groups shall fix testing equipment, or commission the agencies or organizations having the testing equipment, for the items subject to the testing .The examiner conducting the testing shall prepare testing records stating the sampling and using facilities ,the testing methods, the process of testing and the result of such testing, and submit such records to consumer protection groups.
The government shall consult consumer protection groups, the relevant industries, scholars and experts concerning legislative or administrative measures for the protection of consumers.
In order to engage in the survey or testing of goods or services, consumer protection groups may request the government to provide necessary assistance.
The competent authorities may provide financial support to consumer protection groups which have good performance records on consumer protection work.
Chapter IV – Administrative Supervision
If the government of a municipality or county (cities) believes that the goods or services provided by business operators may endanger the lives, bodies, health or properties of consumers, they shall immediately undertake an investigation and may publicly disclose the process and results of such investigation .In conducting the foregoing investigation, the investigators set forth in the preceding paragraph must show relevant identifications in any of the following ways：1.to inquire business opera
tors or related persons;2.to notify business operators or related persons to be present so as to make statements; 3.to notify business operators to provide information to prove that such goods or services will not endanger the lives, bodies, health or properties of consumers; 4.to dispatch officials to the place of business, place of operations or other related premises of the business operators to undertake an investigation; and 5.where necessary, to take samples of goods at the premises for testing.
Governments of the municipalities or counties (cities) may petition to the prosecutor for seizing objects which may be served as evidence in the course of investigations.The provisions governing seizures set forth in the code of criminal procedures shall be applied , mutatis mutandis ,to such seizures mentioned in the preceding paragraph.
In conducting a testing, competent authorities of a municipality or county’s (city’s) may commission the consumer protection groups, professional groups or other relevant public or private agencies or organizations having testing facilities to perform such testing.
If, after an investigation taken in accordance with Article 33, the government of a municipality or county (city) believes that the goods or services provided by business operators have endangered or will endanger the lives ,body ,health or property of the consumers ,the government concerned shall order such business operators to immediately cease the design, production, manufacturing, processing, importation, distribution of such goods or the rendering of such services, or take other necessary me
If the government of a municipality or county (city) believes that goods or services provided by business operators have caused or will threaten to cause material injury or damage to consumers and it is in emergency as case may be , in addition to the measures to be taken pursuant to the preceding article, it shall publicize their names , addresses, commodities and services through the mass media, or take other necessary measures.
If the competent authorities at the central level believe it necessary, they may also take measures set forth in the preceding five articles.
The Consumer Protection Commission, the municipality and county (city) government shall respectively maintain several consumer ombudsmen.The appointment and responsibilities of consumer ombudsmen shall be regulated by the Executive Yuan.
The Executive Yuan shall set up a Consumer Protection Commission to study, propose and review the basic policies relating to consumer protection and supervise their implementation.The Chairman of the Consumer Protection Commission shall be the Vice Premier of the Executive Yuan, and other commissioners shall include the heads of relevant ministries, representatives of national consumer protection organizations, representatives of national business operators, scholars and experts. The organic regul
ations of such Commission shall be regulated by the Executive Yuan.
The powers of the Consumer Protection Commission shall be as follows:1.to study, propose and review the basic policies and measures concerning consumer protection;2.to study, draft and the consumer protection plans and review the result of their implementations; 3.to review consumer protection proposals and the to promote, coordinate and review their implementations;4.to study the domestic and foreign trends for consumer protection and issues relating to social and economic developments; 5.to prov
ide and search educational dissemination and consumption information for the protection of consumers,6.to coordinate on policies and measures of various ministries, bureaus ,departments and competent authorities concerning consumer protection; and7.to supervise competent authorities in charge of consumer protection and to direct consumer ombudsmen on exercising their powers.The Consumer Protection Commission shall periodically publish the results of enforcing consumer protection measures and related informa
Provincial (municipality) and county (city) governments shall establish consumer service centers handing such matters as rendering consultation , educational dissemination , complaints,etc.Governments of municipalities and counties (cities) may establish branch offices under the consumer service centers within their jurisdictions.
Chapter V – Handling of Consumer Disputes
Subchapter One – Complaint and Mediation
When a consumer dispute arises between consumers and business operators relating to goods or services, consumers may file a complaint with the business operators, consumer protection groups, or consumer service centers or their branch offices.Business operators shall properly handle the complaint filed by consumers within 15 days of such complaint.If the complaint of consumes referred to in the preceding paragraph has not been properly responded, a further complaint with the consumer ombudsmen of
the governments of the municipality or county (city) may be brought
If the consumers’ complaint referred to in the preceding article is still not properly responded, a petition for mediation may be made with the consumers’ dispute mediation commission of the municipality or county (city).
The receipt of and procedures to proceed the consumer dispute mediation set forth in the preceding article shall be prescribed by the Customers Protection Commission.
The governments of municipalities and counties (cities) shall each establish a consumer dispute mediation committee consisted of 7 to 15 commissioners.Commissioners referred to in the preceding paragraph shall be representatives of the government of municipalities or counties (cities), consumer ombudsmen and representatives of consumer protection organizations, and representatives of the professional groups to which business operators belong or to which they are related,and the consumer ombudsman
shall be the chairman . The organization of such committee shall be separately prescribed.
The mediation procedure shall be conducted at the municipality and county (city) governmental offices or other appropriate venues, and the mediation procedure may not be open.Members of mediation committee, coordinating mediators and other staffs responsible for medication cases should keep the contents of mediation matter confidential unless those matters have been publicly disclosed.
Regarding the mediation of customer dispute, although the parties can not reach an agreement but pretty close to each other , the mediators may plan a solution proposal and send ex officio it to parties after considering all situations to balance benefits between parties within the scope of major intent of the parties .The foregoing proposal must be approved by more than half of commissioners who attended the mediation ,and in which the appeal period and the legal consequence of failure to file
appeal within the statutory period as set forth in Article 45-3 must be specified.
Parties concerned may bring an appeal against the proposal set forth in the preceding article within fixed 10 days after receiving the proposal . Where an appeal is brought within the preceding statute of limitation ,the mediation shall be presumed to have not been completed ; where no appeal is brought within the preceding statute of limitation ,the medication shall be presumed to have completed on the basis of the said proposal .As regards the appeal set forth in the 1st paragraph ,the consum
er dispute mediation commission must inform the counter party of it .
Regarding small amount consumer dispute, if one side party did not appear at mediation date without due course, the mediators may render a default judgment upon application of the other party or conclude ex officio a resolution plan , and send it to both parties . The foregoing plan must be approved by more than half of all mediating commissioners ,and in which the appeal period and the legal consequence of failure to file appeal within the statutory period as set forth in Article 45-3 must be s
pecified.The process of service set forth in the 1st paragraph can not be made by the public notice delivery.The small amount consumer dispute set forth in the 1st paragraph shall be fixed by the Executive Yuan.
Parties concerned may file an appeal against the plan set forth in the preceding article within fixed 10days after receiving the service ; where no appeal is brought within the appeal period ,the said plan shall be presumed to have been completed.Where parties concerned brought an appeal within the appeal period and mediator have rescheduled a mediation date but parties did not appear at the mediation without due course ,the said plan shall be presumed to have been completed ..
Where a mediation is successfully concluded, the letter of mediation must be in writing.The provisions of articles 22 through 26 of the Statute for Mediation at Village, Township and City Levels shall be applied , mutatis mutandis, to the execution and validity of the written letter of mediation referred to in the preceding paragraph..
Subchapter Two – Consumer Litigation
Consumer litigation may be subject to the jurisdiction of the court of the place where the consumer relationship arises.
The high courts, their lower courts and branches thereof may establish a consumer affairs tribunal or designate a magistrate dedicated to the hearing of consumer litigations.If a court renders a judgment unfavorable to business operators, the court may at its own discretion ,ex officio ,declare provisional execution of the judgment without security or with reduced security.
A consumers protection group, which has been established for more than 3 years after its approval, has obtained upon application a rating of excellence by the Consumer Protection Commission, maintains a special staff dealing with consumer protection, and meeting any of the following requirements, may, with the approval of the consumer ombudsman , bring in its own name an action for damages to consumers in accordance with Article 50 or an action for omission in accordance with Article 53 .1.An asso
ciation established as juristic person having more than 500 members, or 2A foundation established as a juristic person having total registered assets of NT$10 millions or more.If a consumer protection group brings litigation in accordance with the preceding paragraph, it shall retain a lawyer to litigate on its behalf. The engaged lawyer may request the reimbursement of any necessary expenses but not claim any compensation for such litigation.If a consumer protection group has committed any unlawful conduc
t in connection with the litigation brought by it in accordance with the 1st paragraph one, the competent authorities of having chartered its establishment shall revoke its approval.Regulation governing the rating of consumer protection groups shall be separately provided for by the Consumer Protection Commission.
Where a mass of consumers are injured as the result of the same incident, a consumer protection group may take assignment of the rights of claims from 20 or more consumers and bring litigation in its own name. Consumers may revoke such assignment of the rights of claims before the close of oral arguments, in which case they shall notify the court. In the forgoing litigation, if some customers terminate their assignment of the rights of claims and thus the said litigation result in less than 20 con
sumers the function of consumer protection group standing will not be affected.The assignment of the rights of claims referred to in the preceding paragraph shall include non-pecuniary damages set forth in Articles 194 and 195, paragraph 1, of the civil code. The period of statute of limitations for consumers to seek damages referred to in the preceding paragraph shall be separately determined for each consumer who has made such assignment. After taking an assignment of the rights of claims set forth in the
3rd paragraph, the consumer protection group shall deliver the balance of compensation received as a result of the litigation by deducting necessary expenses for the litigation, and lawyer fees set forth in 2nd paragraph of the preceding Article , to consumers who have made such assignment of rights.Consumer protection groups shall not claim rewards from consumers for litigation referred to in the 1st paragraph .
In a litigation brought in accordance with this law, the inquired consumer may claim for punitive damages up to 3 times the amount of actual damages as a result of injuries caused by the willful act of misconduct of business operators; however, if such injuries are caused by negligence, a punitive damage up to one time the amount of the actual damages may be claimed.
If a consumer protection group brings a litigation in accordance with Article 50 in its own name, the court fees for the portion of the claim exceeding NT$600,000 shall be waived.
Consumer ombudsmen or consumer protection groups may petition to the court for an injunction to discontinue or prohibit a business operator’s conduct which has constituted a material violation of the provisions of this law relating to consumer protection.Court fees for a litigation referred to in the preceding paragraph shall be exempted.
If a mass of parties injured out of the same consumer relationship select one or more persons to bring an action for damages in accordance with Article 41 of the Code of Civil Procedures, the court may announce by public notice after obtaining the consent of the chosen representative(s), whereby other injured parties may within a certain period of time set forth in writing the facts, evidences and declarations of claims resulting from the injury and request for damages in the same litigation proce
eding . Persons making such claims shall be deemed to have made the election in accordance with Article 41 of the Code of Civil Procedures.Copies of the papers concerning the joinder of parties and claims shall be prepared in copies and be sent to both the plaintiffs and the defendants.The time period referred to in the 1st paragraph 1 shall be not less than 10 days. The public notice shall be attached to the bulletin board of the courthouse and shall be published in newspapers with expenses to be paid for
by the National Treasury.
Articles 48 and 49 of the Code of Civil Procedures shall apply, mutatis mutandis ,to litigations referred to in the preceding article.
Chapter VII – Penalties
A person violating any of Articles 24, 25 or 26, and failing to take corrective actions ordered by the competent authorities within the time limit set forth by the competent authorities, shall be punished by an administrative fine of not less than NT$20,000 but not more than NT$200,000.
A business operator refusing, circumventing or obstructing any investigation conducted by the competent authorities in accordance with the 3rd paragraph Article 17, Article 33 or 38 shall be punished by an administrative fine of not less than NT$30,000 but not more than NT$300,000 and which may be assessed consecutively.
A business operator violating an order of the competent authorities in accordance with Article 36 or 38 shall be punished by an administrative fine of not less than NT$60,000 but not more than NT$1,500,000 and which may be assessed consecutively.
Where a business operator commits the situation set forth in Article 37, in addition to taking the measure provided for in that Article and in Article 36, the competent authorities may further punish the business operator by an administrative fine of not less than NT$150,000 but not more than NT$1,500,000.
In the case of a material violation of provisions of this law by a business operator, an order for suspension of operations or discontinuance of business may be issued with the approval of the competent authorities at the central government level or the Consumer Protection Commission of the Executive Yuan.
Where a certain conduct is punishable in accordance with this law and other laws providing for more severe punishments, then such other laws shall apply ; where such conduct constitutes a criminal offense, the case shall be immediately transferred for a criminal investigation.
The administrative fines set forth in this law shall be assumed by the competent authorities , and any failure to pay such fines within the time limit set by the said authorities shall transferred subject compulsory execution by the court according to law.
Chapter VII – Ancillary Provisions
The Enforcement Rules of the Consumer Protection Law shall be prescribed by the Executive Yuan
This law shall come into force on the date of promulgation.