Taiwan's Economic Situation and Outlook, March 2009

From the Council for Economic Planning and Development, Executive Yuan


Report is here.

The Executive Yuan - Public Construction Commission II

Original post by www.taiwanlawresources.com

Public Construction Commission Laws and Regulations

Public Construction Commission Laws and Regulations (Ministry of Justice Website)

行政院公共工程委員會

The Public Construction Commission plans, reviews and oversees public construction projects and coordinates related affairs. Under the commission are the Planning, Technical, and Construction Management Departments.

The Executive Yuan - Fair Trade Commission II

Original post by www.taiwanlawresources.com

Fair Trade Commission Laws and Regulations

Fair Trade Commission Laws and Regulations (Ministry of Justice Website)

行政院公平交易委員會

The Fair Trade Commission enforces the ROC's Fair Trade Law. The council is organized into the First, Second, Third, Planning, and Legal Affairs Divisions.

The Executive Yuan - Council for Economic Planning and Development II

Original post by www.taiwanlawresources.com

Council for Economic Planning and Development Laws and Regulations

Council for Economic Planning and Development Laws and Regulations (Ministry of Justice Website)

行政院經濟建設委員會

The Council for Economic Planning and Development has eight departments: Overall Planning, Economic Research, Sectorial Planning, Manpower Planning, Urban and Housing Development, Financial Analysis, and Performance Evaluation.

Taiwan Investment II

Original post by www.taiwanlawresource.com

Repeat from previous post

All foreign investment must get approval to invest in Taiwan. Approval is through the Investment Commission(IC), Ministry of Economic Affairs(MOEA).


The application form can be found here.
A clear illustration of the procedure can be found here.
A summary of setting up a business can be found here.

A great website on Investing in Taiwan is maintained by the Department of Investment Services(DOIS), MOEA.

Relevant Laws and Regulations:

see www.taiwanlawresources.com

The Executive Yuan - Public Construction Commission

Original post by www.taiwanlawresources.com

Public Construction Commission Laws and Regulations

Public Construction Commission Laws and Regulations (Ministry of Justice Website)

行政院公共工程委員會

The Public Construction Commission plans, reviews and oversees public construction projects and coordinates related affairs. Under the commission are the Planning, Technical, and Construction Management Departments.

The Executive Yuan - Fair Trade Commission

Original post by www.taiwanlawresources.com

Fair Trade Commission Laws and Regulations

Fair Trade Commission Laws and Regulations (Ministry of Justice Website)

行政院公平交易委員會

The Fair Trade Commission enforces the ROC's Fair Trade Law. The council is organized into the First, Second, Third, Planning, and Legal Affairs Divisions.

The Executive Yuan - Council for Economic Planning and Development

Original post by www.taiwanlawresources.com

Council for Economic Planning and Development Laws and Regulations

Council for Economic Planning and Development Laws and Regulations (Ministry of Justice Website)

行政院經濟建設委員會

The Council for Economic Planning and Development has eight departments: Overall Planning, Economic Research, Sectorial Planning, Manpower Planning, Urban and Housing Development, Financial Analysis, and Performance Evaluation.

The Executive Yuan - Council of Labor Affairs

Original post by www.taiwanlawresources.com

Council of Labor Affairs Laws and Regulations

Council of Labor Affairs Laws and Regulations (Ministry of Justice Website)

行政院勞工委員會

The Council of Labor Affairs administers the nation's labor affairs through the Departments of Labor-Management Relations, Labor Conditions, Labor Welfare, Labor Insurance, Labor Safety and Health, Labor Inspection, and General Labor Planning. Subordinate agencies include the Employment and Vocational Training Administration, the Bureau of Labor Insurance, and the Institute of Occupational Safety and Health.

Subordinate department:

Bureau of Employment and Vocational Training

職業訓練局 

The Executive Yuan - Consumer Protection Commission

Original post by www.taiwanlawresources.com

Consumer Protection Commission Laws and Regulations

Consumer Protection Commission Laws and Regulations (Ministry of Justice Website)

The Consumer Protection Commission studies and reviews basic policies on consumer protection and oversees implementation. It consists of three departments: Research and Planning, Supervision and Coordination, and Legal Affairs. There are also several consumer ombudsmen.

The Executive Yuan - Central Bank of China

Original post by www.taiwanlawresources.com

Central Bank of China Laws and Regulations

Central Bank of China Laws and Regulations (Ministry of Justice Website)

The Central Bank of China is charged with issue of currency, maintaining national monetary stability both domestically and against foreign currency, and overseeing bank operations. The Central Bank conducts its work through the Departments of Banking, Issue, Foreign Exchange, Treasury, Banking Examination, and Economic Research. The actual manufacture of currency is handled by the China Engraving and Printing Works and the Central Mint of China.

Taiwan Investment

Original post by www.taiwanlawresource.com

Repeat from previous post

All foreign investment must get approval to invest in Taiwan.  Approval is through the Investment Commission(IC), Ministry of Economic Affairs(MOEA).


The application form can be found here.
A clear illustration of the procedure can be found here.
A summary of setting up a business can be found here.

A great website on Investing in Taiwan is maintained by the Department of Investment Services(DOIS), MOEA.

Relevant Laws and Regulations:

see www.taiwanlawresources.com

Financial Supervisory Commission

Original post by www.taiwanlawresources.com.

Financial Supervisory Commission

The main function of The Financial Supervisory Commission, Executive Yuan is to consolidate the supervision of banking, securities and insurance sectors, and to act as a single regulator for all of these industries. Thus, there are four bureaus under the Commission:

Banking Bureau
Insurance Bureau
Securities and Futures Bureau
Financial Examination Bureau

In addition, there are 4 departments
Department of Planning
Department of Internal Affairs
Department of Legal Affairs
Department of Info Management

The Legal framework of the domestic financial market comes from the following laws:
The Financial Holding Company Act
The Banking Act of the Republic of China
The Securities & Exchange Act
Insurance Law

In dealing with securites, the Securities and Futures Bureau is the main governing body.
Taiwan Stock Exchange Corporation
Gre Tai Securities Market
Taiwan Futures Exchange
Taiwan Securities Central Depository Co., Ltd
Securities & Futures Institute
Taiwan Securities Association
Securities Investment Trust & Consulting Association
Chinese National Futures Association
Securities and Futures Investors Protection Center
Accounting Research and Development Foundation
Taiwan Ratings
Securities and Futures Laws and Regulations

In dealing with banking, the Banking Bureau is the main governing body.
Central Deposit Insurance Corp. (CDIC)
Financial Information Service Co., Ltd. (FISC)
Joint Credit Information Center (JCIC)
Taiwan Depository and Clearing Corporation (TDCC)
Taiwan Academy of Banking and Finance (TABF)
The Bankers Association of the Republic of China (BAROC)
The Taipei Bills Finance Association (TBFA)
Banking Laws and Regulations


In dealing with insurance, the Insurance Bureau is the main governing body.
Peripheral Institutions:
Insurance Institute of the Republic of China
The Non-Life Insurance Association of the Republic of China
The Life Insurance Association of the Republic of China
The Non-Life Underwriters Society of the R.O.C
Risk Management Society of Taiwan, R.O.C.
The Actuarial Institute of the R.O.C.
Life Insurance Management Institute of the R.O.C.
Insurance Agents Association of the R.O.C.
Insurance Brokers Association of the R.O.C.
Surveyors Association of Taipei
Taipei Insurance Service Association
Insurance Laws and Regulations


In dealing with Financial Examination, the Financial Examination Bureau is the main governing body.
Central Bank of China
Ministry of Finance

MOF v. MOEA

Original post by www.taiwanlawresources.com.

What are the differences between the Ministry of Finance and the Ministry of Economic Affairs?

Here is a short explanation:
The major functions of the MOF are to manage:

The National Treasury 
Customs
Taxation
National Property

Related laws can be found here.
A list of Subordinate Agencies can be found here.

The MOEA manages issues relating to:

Industrial Development Policy   
Trade Policy   
Resource Policy   
Small and Medium Enterprise Policy   
State-Owned Enterprises Policy   
Service Industry Policy   
Investment Policy

Related laws can be found here.
A list of Subordinate Agencies can be found here.

Taiwan Chambers of Commerce

Original post by www.taiwanlawresources.com.

Here is a list of the Chambers of Commerce in Taiwan.

Chinese and Pinyin coming soon.

Taiwan Chamber of Commerce
Taipei County Chamber of Commerce
Yilan County Chamber of Commerce
Taoyuan County Chamber of Commerce
Hsinchu County Chamber of Commerce
Miaoli County Chamber of Commerce
Taichung County Chamber of Commerce
Changhua County Chamber of Commerce
Nantou County Chamber of Commerce
Yunlin County Chamber of Commerce
Chiayi County Chamber of Commerce
Tainan County Chamber of Commerce
Kaohsiung County Chamber of Commerce
Pingtung County Chamber of Commerce
Taitung County Chamber of Commerce
Hualien County Chamber of Commerce
Penghu County Chamber of Commerce
Keelung City Chamber of Commerce
Hsinchu City Chamber of Commerce
Taichung City Chamber of Commerce
Chiayi City Chamber of Commerce
Tainan City Chamber of Commerce

Arbitration

Original post by www.taiwanlawresources.com.

The relevant laws pertaining to Arbitration can be found in the following sets of laws:
Taiwan Code of Civil Procedure
The Arbitration Law of ROC

The following are Arbitration Associations in Taiwan

The Arbitration Association of the Republic of China
a.k.a. Chinese Arbitration Association, Taipei (CAA)
(in Chinese and English)

Taiwan Construction Arbitration Association
(in Chinese)

Chinese Engineering Arbitration Association
(in Chinese)


The is a breakdown of the The Arbitration Law of ROC
Provisional Relief § 39
Arbitration Agreement § 1-4
Constitution of Arbitral Tribunal § 5-17
Arbitral Proceedings § 18-36
Enforcement of Arbitral Award § 37-39
Revocation of the Arbitral Award § 40-43
Settlement and Mediation § 44-46
Foreign Arbitral Award (recognition) § 47-51

Here is a breakdown of the portions pertaining to foreigners of the Taiwan Code of Civil Procedure
Juristiction Article § 1/2
Capacity § 46
Litigation Aid § 108
Service of Process § 128/145/149/152
Stay of Litigation Proceedings § 182-2
Translation § 203
Evidence § 283/289/295
Expert Testimony § 340
Documentary Evidence § 356
Judgements § 402
Mediation Proceedings § 406

Fair Trade Commission

Original post by www.taiwanlawresources.com.

The duties of the FTC, as provided for under the Fair Trade Law, include the following:
(1) preparation and formulation of fair trade policy, laws and regulations;
(2) review of any fair trade matters related to this Law;
(3) investigation of activities of enterprises and economic conditions;
(4) investigation and disposition of any case violating this Law; and
(5) any other matters related to fair trade.


Laws and Regulations can be found here.
Guidelines can be found here.
Business guidance can be found here.
A list of selected FTC decisions can be found here.


The following is a list of other laws and regulations pertaining to Fair Trade Law:

The Banking Act of The Republic of China
The Financial Institutions Merger Act
Regulations Governing Securities Firms
Taiwan Securities Association Assessment and Auditing Procedures for Securities Underwriters Consigned to Prepare Underwriter Assessment Reports for Offerings and Issuance of Securities by Issuers
Regulations Governing Securities Investment Consulting Enterprises
Regulations Governing Securities Investment Trust Enterprises

Tender Offer Regulations

Original post by www.taiwanlawresources.com.

The relevant sets of laws pertaining to Tender Offers can be found here:
Taiwan Stock Exchange Corporation Regulations Governing Purchase of Listed Securities by Tender Offer
Regulations Governing Tender Offers for Purchase of the Securities of a Public Company
Criteria for Information to be Published in Public Tender Offer Prospectuses
Regulations Governing Information to be Published in Public Tender Offer Prospectuses


Other laws with content relating to Tender Offers:
Securities and Exchange Act
Regulations Governing Securities Finance Enterprises
Regulations Governing the Administration of Shareholder Services of Public Companies
Regulations Governing the Conduct of Securities Trading Margin Purchase and Short Sale Operations by Securities Firms
Operating Rules for Securities Firms Handling Margin Purchases and Short Sales of Securities
Operating Rules of the Taiwan Stock Exchange Corporation
GreTai Securities Market Rules Governing Securities Trading on Over-the-Counter Markets
Taiwan Securities Association Rules Governing Underwriting and Resale of Securities by Securities Firms

Order of the Securities and Futures Commission, Ministry of Finance:
Taiwan-Finance-Securities-VIII-0930107280