Law News - Lee, Tsai & Partners

2019 年 8 月 31 日

The Ministry of Labor clarified issues concerning the application of Article 17-1 of the Labor Standards Law (Taiwan)

2019.6.21 Alex Liao The Ministry of Labor issued the Lao-Dong-Guan-Two-1080127025 Circular of June 21, 2019 (hereinafter, the “Circular”) to clarify issues concerning the application of Article 17-1 of the Labor Standards Law (hereinafter, the “Law”). Paragraphs 1 and 2 of […]

2019 年 8 月 31 日

Since the government has made significant efforts to promote the control requirements for entry and exit of passengers with carried-on items, passengers can still ascertain and heed relevant requirements before exiting or entering Taiwan if they do not understand such requirements or still have questions, passengers should certainly assume the duty of care to comply with such requirements (Taiwan)

2019.3.28 Nora Shih The Taipei High Administrative Court rendered the 107-Su-1173 Decision of March 28, 2019 (hereinafter, the “Decision”), holding that since the government has made significant efforts to promote the control requirements for entry and exit of passengers with […]

2019 年 8 月 31 日

New dedicated chapters for restriction on leaving this country or putting to sea are added to the Code of Criminal Procedure (Taiwan)

2019.5.24 Oli Wong The Legislative Yuan adopted the partial amendments to the Code of Criminal Procedure by three readings during the 15th Meeting of the 7th Session of the 9th Term on May 24, 2019. The amendments were subsequently promulgated […]

2019 年 8 月 31 日

To determine if a specific document is admissible evidence as a business record document or supporting document, attention should be paid to its characteristic as records created on the spot or in real time based on observation or discovery in the normal course of business (Taiwan)

2019.3.21 Frank Sun The Supreme Court rendered the 107-Tai-Shang-623 Criminal Decision of March 21, 2019 (hereinafter, the “Decision”), holding that to determine if a specific document is admissible evidence as a business record document or supporting document, attention should be […]

2019 年 8 月 31 日

O Liberate Us, Libra? – A Look at Facebook’s New Venture (Taiwan)

After being rumored for months, Facebook has finally confirmed that it intends to enter into the cryptocurrency market by introducing its own digital coin named Libra. The primary objective of Libra, as stated in the white paper available online, is to provide banking services to those around the world that do not have ready access to them.

2019 年 8 月 31 日

The Legislative Yuan adopted the Statute for Repatriation of Offshore Funds for Management, Utilization and Taxation to provide tax incentives to the repatriation of offshore funds (Taiwan)

2019.7.3 Fang-Wei Lin The Legislative Yuan adopted the Statute for Repatriation of Offshore Funds for Management, Utilization and Taxation (hereinafter, the “Statute”) during the 3rd Meeting of the 1st Special Session of the 7th Session of the 9th Term on […]

2019 年 8 月 31 日

The practice that land taxes are not exempt for non-urban lands provided for public infrastructure is declared unconstitutional pursuant to a judicial interpretation (Taiwan)

2019.7.5 Luke Hung The Judicial Yuan rendered the Shih-779 Interpretation of July 5, 2019 (hereinafter, the “Interpretation”), declaring that the practice that land taxes are not exempt for non-urban lands provided for public infrastructure is unconstitutional and should be reviewed […]

2019 年 8 月 31 日

FSC decides that “security tokens” shall be deemed securities under the Securities and Exchange Law and is preparing relevant regulations (Taiwan)

2019.7.3 Debby Yu ICOs (Initial Coin Offering) are a fund-raising action developed based on blockchain technologies. Tokens issued through ICOs consist of payment type, function type and securities type tokens based on their characteristics. The primary function of payment type […]

2019 年 8 月 31 日

FSC decides that “security tokens” shall be deemed securities under the Securities and Exchange Law and is preparing relevant regulations (Taiwan)

2019.7.3 Debby Yu ICOs (Initial Coin Offering) are a fund-raising action developed based on blockchain technologies. Tokens issued through ICOs consist of payment type, function type and securities type tokens based on their characteristics. The primary function of payment type […]

2019 年 8 月 31 日

Media should not report news that contributes to increase of suicide, and a maximum fine of NT$1 million may be imposed in case of violation (Taiwan)

2019.6.19 Sean Tsou The President promulgated the Suicide Prevention Law (hereinafter, the “Law”) via Hua-Zhong-One-Yi-10800062181 Decree of June 19, 2019. Consisting of 19 articles, the Law came into effect on the day of its promulgation. The Law, which is newly […]

2019 年 8 月 31 日

The Securities and Exchange Law is amended to require that financial reports to be signed and sealed by actual supervisors and certified by certified public accountants (Taiwan)

2019.6.21 Jhen-Yi Chen The President promulgated the amendments to Article 14-5 and Article 36 of the Securities and Exchange Law (hereinafter, the “Law”) via the Hua-Zhong-One-Jing-1080063491 Decree of June 21, 2019. The amendments are highlighted below. Firstly, for most companies, […]

2019 年 8 月 31 日

The FSC formulated the Operating Guidelines for Application for Trial Business by Banks (Taiwan)

2019.6.19 Elva Chuang The Financial Supervisory Commission (hereinafter, the “FSC”) promulgated the Operating Guidelines for Application for Trial Business by Banks (hereinafter, the “Guidelines”) via the Jin-Guan-Yin-Kong-10802700400 Directive of June 19, 2019. Consisting of 6 points, the Guidelines came into […]

2019 年 8 月 31 日

The Labor Standards Act is amended to safeguard the rights and interests of dispatched workers (Taiwan)

2019.6.19 Teresa Huang The President promulgated the amendments to Articles 63 and 78 of the Labor Standards Act (hereinafter, the “Act”) and the addition of Articles 17-1 and 63-1 via the President Hua-Zhong-One-Yi-10800060011 Decree of June 19, 2019 to safeguard […]

2019 年 8 月 31 日

Formulation of the Operating Guidelines for Third-Party Opinions in Trademark Registration Applications (Taiwan)

2019.6.20 Ankwei Chen The Ministry of Economic Affairs promulgated the Operating Guidelines for Third-Party Opinions in Trademark Registration Applications (the “Guidelines”) in its Jing-Sho-Zi-10820031571 Directive dated June 20, 2019, effective immediately. The Guidelines are highlighted below. Point 1 states that […]

2019 年 7 月 31 日

Import of drugs made in mainland China to Taiwan shall be regarded as an import under Article 40 of the Statute for Relations Between the People of the Taiwan Area and the Mainland Area, and drugs imported without authorization should be deemed prohibited drugs under Article 22, Paragraph 1, Subparagraph 2 of the Pharmaceutical Affairs Law (Taiwan)

2019.4.11 Nora Shih The Supreme Court rendered the 108-Tai-Shang-788 Criminal Decision of April 11, 2019 (hereinafter, the “Decision”), holding that import of drugs made in mainland China to Taiwan shall be regarded as an import under Article 40 of the […]

2019 年 7 月 31 日

The Labor Standards Law is amended to safeguard the rights and interests of dispatched workers (Taiwan)

2019.5.15 Tiffany Hsiao The President promulgated the amendments to Articles 2 and 9 of the Labor Standards Law (hereinafter, the “Law”) and the addition of Article 22-1 via the President Hua-Zhong-One-Yi-10800049091 Decree of May 15, 2019 to safeguard the rights […]

2019 年 7 月 31 日

When the presiding judge has presented evidence in the court files by category to the parties so that the parties and their defenders may state their opinions, if the defendant’s and the defender’s right of defense are not affected, this is still a legally appropriate exercise of the presiding judge’s authority to guide litigation and cannot be accused of illegality for being viewed generally as packaged evidence presentation (Taiwan)

2019.1.23 Oli Wong The Supreme Court rendered the 107-Tai-Shang-Zi-3557 Criminal Decision of January 23, 2019 (hereinafter, the “Decision”), holding that when the presiding judge has presented evidence in the court files by category to the parties so that the parties […]

2019 年 7 月 31 日

If a lessor indicates upon execution of the leasing agreement that there will be no renewal of the lease or a separate agreement shall be executed to renew the lease, still this is an expression of the lessor’s intent not to renew the lease and should be effective in preventing the renewal of the lease (Taiwan)

2019.4.3 Frank Sun The Supreme Court rendered the 107-Tai-Shang-2127 Civil Decision of April 3, 2019 (hereinafter, the “Decision”), holding that if a lessor indicates upon execution of the leasing agreement that there will be no renewal of the lease or […]

2019 年 7 月 31 日

When a trademark owner uses a registered trademark by changing its device, the registered trademark should be deemed used only if this is sufficient to cause the consumers to perceive that such changed trademark is the same as the original registered trademark according to general social constructs (Taiwan)

2019.1.17 Hsiao-Han Su The Supreme Administrative Court rendered the 108-Pan-29 Decision of January 17, 2019 (hereinafter, the “Decision”), holding that when a trademark owner uses a registered trademark by changing its device, the registered trademark should be deemed used only […]

2019 年 7 月 31 日

Administrative Measures for the Delivery Services of Smart Package Lockers (Mainland China)

2019.6.12 Karl Zhang On June 12, 2019, the Ministry of Transport adopted the Administrative Measures for the Delivery Services of Smart Package Lockers (the “Measures”), which will go into effect on October 1, 2019. Consisting of 35 articles, the Measures […]

2019 年 7 月 31 日

Boundaries among Benevolent Acts between Friends and Relatives, Pre-employment Trials and Illegal Harboring of Foreign Nationals for Work (Taiwan)

2019.7.21 Teresa Huang According to statistics released by the Workforce Development Agency of the Ministry of Labor on the status of foreign professionals and industry and social welfare foreign workers lawfully receiving employment permission for their work in Taiwan, there […]

2019 年 7 月 31 日

Provisions of the Supreme People’s Court on Trials Involving Compensation for Damage to the Ecological Environment (Trial Implementation) (Mainland China)

2019.6.5 Di Wu Recently, the Supreme People’s Court promulgated the Provisions on Trials Involving Compensation for Damage to the Ecological Environment (Trial Implementation) (the “Provisions”). The Provisions primarily refine the categorization of the entities and jurisdiction of cases involving compensation […]

2019 年 7 月 31 日

In case the tender instructions do not specify the reasons why a bid bond will not be returned or will be recovered, even if a supplier is subject to circumstances under the subparagraphs of Article 31, Paragraph 2 of the Government Procurement Law, the procuring agency shall still not withhold or recover the bid bond (Taiwan)

2019.1.31 Luke Hung The Supreme Administrative Court rendered the 108-Pan-50 Decision of January 31, 2019 (hereinafter, the “Decision”), holding that in case the tender instructions do not specify the reasons why the bid bond will not be returned or will […]

2019 年 7 月 31 日

The Legislative Yuan adopted the Culture Basic Law to safeguard the rights which should be enjoyed by the citizens as the subjects of culture and cultural rights (Taiwan)

2019.5.10 Elva Chuang The Legislative Yuan adopted the Culture Basic Law (hereinafter, the “Law”) through the entire three-reading procedure on May 10, 2019, and the Law, which consists of 30 articles, was promulgated by the President on June 5, 2019 […]

2019 年 7 月 31 日

When determining there is drunk driving that may lead to a traffic hazard, a police officer may stop the vehicle for a spot check; and if the driver fails to comply and drives on, the police officer cannot be requested not to stop the vehicle if the likelihood of hazard cannot be eliminated (Taiwan)

2019.4.11 Emily Chueh The Supreme Court rendered the 107-Tai-Shang-574 Civil Decision of April 11, 2019 (hereinafter, the “Decision”), holding that when determining there is drunk driving that may lead to a traffic hazard, a police officer may stop the vehicle […]

2019 年 7 月 31 日

If a company’s legal representative and the company are requested to assume joint and several liability for compensation pursuant to Article 23, Paragraph 2 of the Company Act, the statute of limitations for tort damages claims under the Civil Code should apply (Taiwan)

2019.5.2 Alex Liao The Supreme Court rendered the 107-Tai-Shang-1498 Civil Decision of May 2, 2019 (hereinafter, the “Decision”), holding that if a victim requests that a company’s legal representative and the company assume joint and several liability for compensation pursuant […]

2019 年 7 月 31 日

Amendments to the Government Procurement Law via Presidential decree (Taiwan)

2019.5.21 Fang-Wei Lin The President promulgated the amendments to Articles 4, 15, 17, 22, 25, 30, 31, 50, 52, 59, 63, 76, 85, 93, 94, 95, 101 and 103 of the Government Procurement Law (hereinafter, the “Law”) and the addition […]

2019 年 7 月 31 日

Opinions on Issues in the Handling of Criminal Cases Involving “Trap Loans” (Mainland China)

2019.2.28 Joyce Wen On February 28, 2019, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice issued the Opinions on Issues in the Handling of Criminal Cases Involving “Trap Loans” (the […]

2019 年 7 月 31 日

The Vaccine Administration Law of the People’s Republic of China (Mainland China)

2019.6.29 Karl Zhang On June 29, 2019, the Standing Committee of the National People’s Congress adopted the Vaccine Administration Law of the People’s Republic of China (the “Law”), which will put vaccines under the strictest level of administration and puts […]

2019 年 7 月 31 日

Special Pardons Order from the President of the People’s Republic of China – Decision of the Standing Committee of the National People’s Congress on Granting Special Pardons on the Occasion of the 70th Anniversary of the Founding of the People’s Republic of China (Mainland China)

2019.6.29 Jolene Chen On June 29, President Xi Jinping signed an order of special pardons pursuant to the decision adopted by the 11th Conference of the 13th National People’s Congress to grant special pardons to some prisoners serving sentences. These […]