2017 年 10 月 31 日

Amendments to the Administrative Rules for Electronic Payment Institutions and Business(Taiwan)

2017.8.18 Yi-Shan Cheng The Financial Supervisory Commission promulgated Articles 2, 7, 9, 12, 24 and 27 as amended and Article 20-1 as added of the Administrative Rules for Electronic Payment Institutions and Business (hereinafter, the “Rules”) via the Jin-Guan-Yin-Piao-10640003250 Directive […]
2017 年 10 月 31 日

Communication involving a food operator’s use of media such as television, radio broadcast and films to conduct promotions containing specifics about its food products to familiarize a multitude of people with the contents of such promotions is deemed advertising (Taiwan)

2017.7.27 Oli Wong The Supreme Administrative Court rendered the 106-Pan-387 Decision of July 27, 2017 (hereinafter, the “Decision”), holding that communication involving a food operator’s use of media such as television, radio broadcast and films to conduct promotions containing specifics […]
2017 年 9 月 30 日

A purchase negotiation service agreement consists of a transaction contract and an intermediary contract; as the transaction contract only exists between the buyer and seller and not between the business entity and the consumer, the review period under the Consumer Protection Law does not apply(Taiwan)

2017.6.7 Ankwei Chen The Taiwan High Court rendered the 106-Shang-Yi-1337 Civil Decision on June 7, 2017 (the “Decision”) in which it held that the Consumer Protection Law does not apply to a purchase negotiation agreement because such an agreement includes […]
2017 年 8 月 31 日

Decision of the Standing Committee of the National People’s Congress on Amending the Law on Water Pollution Prevention and Control (2017)(Mainland China)

2017.6.27 Yenchu Chen The 28th meeting of the Standing Committee of the 12th National People’s Congress of the People’s Republic of China adopted a decision on June 27, 2017 to amend the Law on Water Pollution Prevention and Control that […]
2017 年 8 月 31 日

Regulations on the Security for Critical Information Infrastructure (Draft for Comments)(Mainland China)

2017.7.10 Zoe Qiao On July 10, 2017, the State Internet Information Office promulgated the Regulations on the Security for Critical Information Infrastructure (Draft for Comments) (the “Security Regulations”) to kick off a one-month period to solicit opinions. Although the Security […]
2017 年 8 月 31 日

It is impossible to determine the statute of limitations period before an administration decision is rendered if the collection of the air pollution control fee depends on the competent authority to set the amount in an administrative decision.(Taiwan)

2017.6.15 Ankwei Chen The Ministry of Justice issued the Fa-Lu-10603508260 Circular of June 15, 2017 (the “Circular”) in response to a question from the Environmental Protection Administration of the Executive Yuan concerning when the statute of limitations on seeking payment […]
2017 年 8 月 8 日

Circular on Adjusting the Incentive Policies on Deed Taxes and Business Taxes in Real Estate Transactions(Mainland China)

James Cheng Transfer of real estate ownership often gives rise to tax issues such as deed taxes, business taxes, personal income taxes and stamp taxes. On February 17, 2016, the Ministry of Finance, the State Administration of Taxation and the […]
2017 年 8 月 8 日

Implementation Rules for the Interim Regulations on Real Estate Registration(Mainland China)

James Cheng On January 1, 2016, the Ministry of Land and Resources promulgated the Implementation Rules for the Interim Regulations on Real Estate Registration (hereinafter, the “Implementation Rules”) to properly implement the Interim Regulations on Real Estate Registration (hereinafter, the […]
2017 年 8 月 8 日

Transfer of funds stored in an electronic stored value card to an electronic payment account shall be limited to NT$30,000 per day(Taiwan)

Erica Chiu The Financial Supervisory Commission promulgated the Jin-Guan-Yin-Piao-10440005800 Directive of December 18, 2015 (hereinafter, the “Directive”), pointing out that transfer of funds stored in a stored-value card to an electronic payment account shall be limited to NT$30,000 per day. […]
2017 年 8 月 8 日

The requirement that all advertising materials shall be prohibited and penalized regardless of whether they impair environment and health was found unconstitutional by Judicial Interpretation No. 734(Taiwan)

Lenore Chen The Judicial Yuan rendered Judicial Interpretation No. 734 (hereinafter, the “Interpretation”) on December 18, 2015, declaring unconstitutional a competent authority’s public announcement on environment polluting acts as authorized pursuant to the Waste Disposal Law that all advertising materials, […]
2017 年 8 月 8 日

Flour, starch, salt, sugar and soy sauce food manufacturers with a capital in excess of NT$30 million shall obtain the certification of sanitation and safety management systems(Taiwan)

Barry Kuo Article 8, Paragraph 5 of the Law Governing Food Safety and Sanitation provides: “Food businesses belonging to a category and scale designated by the central competent authority in a public announcement shall obtain the certification of sanitation and […]
2017 年 8 月 8 日

If a company has not continuously refused to rectify after being sanctioned several times, its culpability should not be the most severe. If the maximum statutory fine is directly imposed, this would constitute abuse of discretion (Taiwan)

Young Zheng The Supreme Administrative Court rendered the 104-Pan-723 Decision of November 27, 2015 (hereinafter, the “Decision”), holding that if a company has not continuously refused to rectify after being sanctioned several times, its culpability should not be the most […]
2017 年 8 月 8 日

Late Marriage Leave Cancelled in the Amendment of the Population and Family Planning Law by the National People’s Congress(Mainland China)

James Cheng On December 27, 2015, the National People’s Congress passed the amendment to the Population and Family Planning Law of the People’s Republic of China (the “Law”), with the universal two-child policy becoming effective on January 1, 2016. Meanwhile, […]
2017 年 8 月 8 日

Interim Administrative Measures for Online Taxi Services (Mainland China)

James Cheng On October 10, 2015, the Ministry of Transportation prepared the Interim Administrative Measures for Online Taxi Services (Solicitation for Opinions) to regulate the development of online taxi services, promote innovation and evolution of this industry so that it […]
2017 年 8 月 8 日

The Supreme People’s Court Publishes Ten Model Cases Involving Bankruptcy and Promotion of Supply Side Structural Reform(Mainland China)

James Cheng With the ever increasing number of bankruptcy cases, it is increasingly important that a people’s court tries bankruptcy cases in orderly fashion pursuant to law. On June 15, 2016, the Supreme People’s Court released for the first time […]
2017 年 8 月 8 日

Regulation on Internet Information Search Services(Mainland China)

James Cheng On June 25, 2016, the State Internet Information Office promulgated the Regulations on Internet Information Search Services (hereinafter, the “Regulations”) to stipulate a series of requirements to address search engine issues such as the lack of objectivity and […]
2017 年 8 月 8 日

Several Opinions of the State Council on Promoting Stabilized and Positive Development in Foreign Trade(Mainland China)

James Cheng On May 5, 2016, the State Council promulgated Several Opinions on Promoting Stabilized and Positive Development in Foreign Trade (hereinafter, the “Opinions”). The State CouncilÕs Opinions acknowledges that foreign trade is a vital component and driving force of […]
2017 年 8 月 8 日

If a certain sign has been determined or highly suspected by a medical practitioner to be associated with a specific disease according to common medical practice but appropriate treatment is not taken, the practitioner shall be liable for damage caused to the patient(Taiwan)

2016.10.25 Tiffany Wu The Kaohsiung Branch of the Taipei High Court rendered the 104-Yi-Shang-1 Civil Decision of October 25, 2016 (hereinafter, the “Decision”), holding that if a certain sign has been determined or highly suspected by a medical practitioner to […]
2017 年 8 月 8 日

Law of the People’s Republic of China on the Administration of Domestic Activities of Foreign Non-Governmental Organizations(Mainland China)

Zoe Qiao On April 28, 2016, the National People’s Congress adopted the Law of the People’s Republic of China on the Administration of Domestic Activities of Foreign Non-Governmental Organizations (hereinafter, the “Law”), which will go into effect on January 1, […]
2017 年 8 月 8 日

Cyber Security Law(Mainland China)

2016.11.07 James Cheng The Cyber Security Law was adopted by the Standing Committee of the National People’s Congress of the People’s Republic of China on November 7, 2016 and will go into effect on June 1, 2017. Consisting of seven […]
2017 年 8 月 8 日

Blacklist of Goods Prohibited from Sale by Operators in the Measures for the Supervision and Administration over Quality of Goods in Circulation Promulgated by the State Administration of Industry and Commerce(Mainland China)

James Cheng On March 17, 2016, the State Administration of Industry and Commerce promulgated the Measures for the Supervision and Administration over Quality of Goods in Circulation (Zong Ju Directive No. 85; hereinafter, the “Supervision Measures”) to set out more […]
2017 年 8 月 8 日

Guiding Opinions of the General Office of the State Council on Accelerating the Development of the Fitness and Recreation Industry(Mainland China)

2016.10.25 James Cheng The General Office of the State Council formally promulgated the Guiding Opinions on Accelerating the Development of the Fitness and Recreation Industry (the “Guiding Opinions”) on October 25, 2016 to promote an across-the-board, healthy and sustainable development […]
2017 年 8 月 8 日

Amendments to the Standards for Restrictions on Part-time Work and Compliance Matters of Representatives of Electronic Ticket Issuers(Taiwan)

Lenore Chen The Financial Supervisory Commission promulgated the amendments to Articles 6 and 7 and deleted Article 9 of the Standards for Restrictions on Part-time Work and Compliance Matters of Representatives of Electronic Ticket Issuers (hereinafter, the “Standards”) via the […]
2017 年 8 月 8 日

Measures for Implementing the Regulations of the People’s Republic of China Customs Inspections (2016) (Mainland China)

2016.09.26 Zoe Qiao On September 26, 2016, the General Administration of Customs promulgated the Measures for Implementing the Regulations of the People’s Republic of China Customs Inspections (the “Measures”) to refine and regulate the operating procedures and the rights and […]
2017 年 8 月 8 日

Decision on Amending the Regulations on the Population and Family Planning in the Shanghai Municipality(Mainland China)

James Cheng On February 23, 2016, the Standing Committee of the Shanghai Municipal People’s Congress adopted the Decision to Amend the Regulations on the Population and Family Planning in the Shanghai Municipality (the “Decision”), which came into effect on March […]
2017 年 8 月 8 日

The Waste Disposal Act shall give priority to the pursuit of the party engaged in the pollution act and only switch to the party responsible for maintenance of the environmental state when the former is unsuccessful; direct prosecution of the latter party is prohibited(Taiwan)

2016.07.15 Ankwei Chen The Supreme Administrative Court rendered the 105-Pan-371 Decision on July 15, 2016 (“Decision”), which held that the Waste Disposal Act shall give priority to the pursuit of the party engaged in the polluting act and only switch […]
2017 年 8 月 8 日

Interpretation of the scope of the expression “to publicize by any other improper means” under Article 86, Subparagraph 7 of the Medical Care Act(Taiwan)

2016.09.27 Tiffany Wu The Ministry of Health and Welfare issued the Wei-Bu-Yi-1051666009 Circular of September 27, 2016 (hereinafter, the “Circular”) to interpret the scope of the expression “to publicize by any other improper means” under Article 86, Subparagraph 7 of […]
2017 年 8 月 8 日

Guiding Opinion on the Accelerated Promotion of the “Internet + Government Services” Undertaking(Mainland China)

2016.09.25 James Cheng On September 25, the State Council issued the Guiding Opinion on the Accelerated Promotion of the “Internet + Government Services” Undertaking for setting up the overall deployment to accelerate the promotion of the “Internet + Government Services” […]
2017 年 8 月 8 日

The primary complaint of patients shall be specified on medical records or excerpts of medical records, which is a necessary component of correct medical procedure undertaken by medical practitioners(Taiwan)

2016.07.12 Tiffany Wu The Taiwan High Court rendered the 103-Yi-Shang-33 Civil Decision of July 22, 2016 (hereinafter, the “Decision”). The decision held the primary complaint of patients shall be specified on medical records or excerpts of medical records, which is […]
2017 年 8 月 8 日

The Enforcement Rules for the Law of the People’s Republic of China on Protection of Consumer Rights and Interests (Draft for Soliciting Opinions) (Mainland China)

2016.08.05 James Cheng On August 5, 2016, the State Administration for Industry and Commerce promulgated the draft for soliciting opinions for the Enforcement Rules for the Law on Protection of Consumer Rights and Interests (the “Rules”) to solicit opinions from […]