Regulations for the Management of Tourist Amusement Enterprise
2024-05-02
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Chapter I General rules
Article 1
This Regulation is promulgated according to the stipulation in Article 66, Paragraph 4 of the Statute for the Development of Tourist Enterprise (hereinafter referred to as the Statute).
Article 2
Unless otherwise stipulated in laws or regulations, this Regulation applies to the management of tourist amusement enterprise.
Article 3
A tourist amusement enterprise as defined in this Regulation refers to a profit-taking enterprise operating tourist amusement facilities under the approval of administrative authorities.
Article 4
Tourist amusement facilities as defined in this Regulation refer to facilities used for the leisure and amusement activities of tourists located in designated scenic spots or tourism areas.
Article 4-1
“Major investment projects” as referred to in Article 35 of the Statute and in these Regulations refers to projects which, in the application for establishment, are to occupy an area that matches one of the following conditions:
(1) Five hectares or more if situated on urban land.
(2) Ten hectares or more if situated on non-urban land.
(1) Five hectares or more if situated on urban land.
(2) Ten hectares or more if situated on non-urban land.
Article 5
Matters concerning the establishment, licensing, business administration, inspection, penalizing, and personnel administration of tourist amusement enterprises, except where other provisions of the Act or these Regulations stipulate their conduct by MOTC, shall be conducted by the local government of the special municipality, county or city. The division of responsibility therefor is as set out in the Appendix hereto.
The MOTC may commission the Tourism Administration, MOTC to conduct the matters referred to in the preceding paragraph; and, at the time of commissioning shall publish the matters commissioned and the legal basis of the commission in a government gazette.
The MOTC may commission the Tourism Administration, MOTC to conduct the matters referred to in the preceding paragraph; and, at the time of commissioning shall publish the matters commissioned and the legal basis of the commission in a government gazette.
- APPENDIX：Table of the Division of Authority and Responsibility for the Management of Tourist Amusement Enterprises.odt
- APPENDIX：Table of the Division of Authority and Responsibility for the Management of Tourist Amusement Enterprises.pdf
Chapter II The establishment and the issuance of licenses of tourist amusement enterprises
Article 6
The tourist amusement facilities operated by tourist amusement enterprises shall be consistent with the rules stipulated in Regional Planning Law, Urban Planning Law, and other related laws and regulations. Such operations shall be confined to those business projects approved by the administrative authorities.
Article 7
A project shall be eligible to apply for establishment as a tourist amusement enterprise only if it occupies an area of at least two hectares. However, in cases to which other laws or regulations apply, or where a special municipality, county or city government otherwise decrees in accordance with its autonomous powers, those other applicable regulations shall be observed.
The administrative authority for applications to establish tourist amusement enterprises shall be divided as follows:
(1) For major investment projects, the application shall be filed with the MOTC for approval and license issuance.
(2) For non-major investment projects, the application shall be filed with the local administrative authority for approval and license issuance.
The administrative authority for applications to establish tourist amusement enterprises shall be divided as follows:
(1) For major investment projects, the application shall be filed with the MOTC for approval and license issuance.
(2) For non-major investment projects, the application shall be filed with the local administrative authority for approval and license issuance.
Article 8
(Deleted)
Article 9
To establish a tourist amusement enterprise, the operator shall prepare the documents listed below for filing with the administrative authority. Where it is necessary to apply the provisions of Article 47 of the Statute, the application may be made at the same time, and after establishment has been approved, filed with the MOTC for approval.
1. Completed application form for establishing a tourist amusement enterprise.
2. List of founders or list of directors and supervisors.
3. Corporate constitution or record of founders’ meeting.
4. Plans for new business.
5. Photocopy of land registration certificate, documentary proof of the right to use the land, and certificate of zoning category of the land, issued within the preceding three months.
6. Photocopy of land identification map (the map shall be colored to mark the area of land in the application).
In order to review applications for establishing tourist amusement enterprises, the administrative authorities may set up a review team.
The rules for selecting the members of the aforementioned review team, the format of required documents, and the form of the review proceedings shall be prescribed by the Tourism Administration, MOTC.
Where, prior to the proclamation and coming into effect of these Regulations on January 1, 2003, a plan for the purpose of operating a tourist amusement enterprise has been duly approved according to law but the enterprise has not been approved for operation as required by law, then an application for establishment may be made in accordance with the provisions of Paragraph 1 of this Article within two months of the date of the amendment of these Regulations coming into effect on July 25, 2014, with exemption from the requirement to submit plans for new business; if no application for establishment is submitted within the said time limit, the original business plan approval will be rendered null and void, and plans for new business shall be required to be submitted anew for an application for establishment to be made under the provisions of Paragraph 1 herein.
1. Completed application form for establishing a tourist amusement enterprise.
2. List of founders or list of directors and supervisors.
3. Corporate constitution or record of founders’ meeting.
4. Plans for new business.
5. Photocopy of land registration certificate, documentary proof of the right to use the land, and certificate of zoning category of the land, issued within the preceding three months.
6. Photocopy of land identification map (the map shall be colored to mark the area of land in the application).
In order to review applications for establishing tourist amusement enterprises, the administrative authorities may set up a review team.
The rules for selecting the members of the aforementioned review team, the format of required documents, and the form of the review proceedings shall be prescribed by the Tourism Administration, MOTC.
Where, prior to the proclamation and coming into effect of these Regulations on January 1, 2003, a plan for the purpose of operating a tourist amusement enterprise has been duly approved according to law but the enterprise has not been approved for operation as required by law, then an application for establishment may be made in accordance with the provisions of Paragraph 1 of this Article within two months of the date of the amendment of these Regulations coming into effect on July 25, 2014, with exemption from the requirement to submit plans for new business; if no application for establishment is submitted within the said time limit, the original business plan approval will be rendered null and void, and plans for new business shall be required to be submitted anew for an application for establishment to be made under the provisions of Paragraph 1 herein.
Article 10
After receiving the application for establishing a tourist amusement enterprise, the administrative authority shall reach a conclusion of its review within sixty days and shall notify the applicant of the result, a copy of which shall be sent to related administrative authorities. On special occasions wherein the review period must be extended, the extension shall be no longer than fifty days, and the applicant shall be notified about the extension.
Should the necessity to submit any missing material or to correct any information in the documents arise for the aforementioned review to proceed, the applicant shall be so notified and asked to complete the procedure by a set date, and the time needed for the rectification shall not count as part of the review period as described in the previous paragraph. Should the applicant fail to make the rectification before the deadline or the rectification be incomplete, the application shall be dismissed.
Prior to the deadline referred to in the preceding paragraph, the applicant may, with explanation of reason, apply for an extension of the deadline or withdrawal of the case, and if before the deadline no application for extension or withdrawal is made or no sufficient reason for extension is given, the application shall be rejected by the administrative authority.
Should the necessity to submit any missing material or to correct any information in the documents arise for the aforementioned review to proceed, the applicant shall be so notified and asked to complete the procedure by a set date, and the time needed for the rectification shall not count as part of the review period as described in the previous paragraph. Should the applicant fail to make the rectification before the deadline or the rectification be incomplete, the application shall be dismissed.
Prior to the deadline referred to in the preceding paragraph, the applicant may, with explanation of reason, apply for an extension of the deadline or withdrawal of the case, and if before the deadline no application for extension or withdrawal is made or no sufficient reason for extension is given, the application shall be rejected by the administrative authority.
Article 11
After the application for establishment of a tourist amusement enterprise is approved, in case the enterprise is required by law to complete the procedure for changing the registration of land usage, making evaluation of environmental impact, or executing and maintaining soil and water conservancy, the applicant shall file his application for the procedure with the administrative authorities within one year after the approval of establishment, in accordance with Regional Planning Law, Urban Planning Law, Environment Impact Evaluation Law, Soil and Water Conservancy Law and other related laws and regulations. Failure to apply within the time limit shall render the approval of establishment null and void. However, in case there is a valid reason for such failure, the applicant may apply for extension with the administrative authority, with reasons stated, before reaching the deadline.
The extension as described in the preceding paragraph shall be made no more than twice, for no more than six months each time. Failure to apply within the time limit shall render the approval of establishment null and void.
Should the application as described in Paragraph 1 be determined by the competent administrative authority to be an illegitimate proposal for development or the application fail to gain approval, the approval for establishment shall be rendered null and void.
The extension as described in the preceding paragraph shall be made no more than twice, for no more than six months each time. Failure to apply within the time limit shall render the approval of establishment null and void.
Should the application as described in Paragraph 1 be determined by the competent administrative authority to be an illegitimate proposal for development or the application fail to gain approval, the approval for establishment shall be rendered null and void.
Article 12
An applicant who has followed the stipulations of the preceding article in changing the registration of land usage, making environmental impact evaluation or executing and maintaining soil and water conservancy, having been approved by competent administrative authorities, shall revise the documents related to the establishment of the new enterprise within three months according to the content of the aforementioned applications that are approved. The applicant shall produce a finalized version of the revised documents with which the application for final approval is to be filed with the administrative authority.
Where an applicant is not required by law to follow the process referred to in the preceding paragraph, the administrative authority may simultaneously conduct approval of establishment or assent to the change and approve the finalized version of the business plan.
Where an applicant is not required by law to follow the process referred to in the preceding paragraph, the administrative authority may simultaneously conduct approval of establishment or assent to the change and approve the finalized version of the business plan.
Article 13
When the establishment of a tourist amusement enterprise has been approved, such enterprise shall complete its corporate registration process in accordance with the law within three months after the finalized version of the revised documents in the new business proposal is approved by the administrative authority. The enterprise shall also submit the following documents to the administrative authority for filing:
1. Documentary proof of corporate registration.
2. List of directors, supervisors and managers.
Should any change in the items of registration described in the previous paragraph arise, the enterprise shall notify the administrative authority within thirty days after the procedure for changing corporate registration is completed.
1. Documentary proof of corporate registration.
2. List of directors, supervisors and managers.
Should any change in the items of registration described in the previous paragraph arise, the enterprise shall notify the administrative authority within thirty days after the procedure for changing corporate registration is completed.
Article 14
When the establishment of a tourist amusement enterprise has been approved, in the event that there is no need to change the registration of the usage of its land, or to make an environmental impact evaluation, or to execute and maintain soil and water conservancy, or to produce a land preparation and drainage plan; or in the event that the enterprise has received approval from the competent authority for changing land usage registration, making environmental impact evaluation, executing and maintaining soil and water conservancy, or producing a land preparation and drainage plan, or has obtained certification of completion of work, the enterprise shall apply for a construction license to the local construction authority and proceed with construction in accordance with the law within one year. Failure to carry out construction in accordance with the law within the time limit shall render the approval of establishment null and void.
Regarding the period described in the previous paragraph, should there be valid reason, the enterprise may file an application for extension with the administrative authority before the original deadline expires, giving an explanation of the reason. Extension shall be granted no more than twice, with each extension not to exceed one year. Failure to commence construction in accordance with the law before the time limit expires shall render the approval of establishment null and void.
Regarding the period described in the previous paragraph, should there be valid reason, the enterprise may file an application for extension with the administrative authority before the original deadline expires, giving an explanation of the reason. Extension shall be granted no more than twice, with each extension not to exceed one year. Failure to commence construction in accordance with the law before the time limit expires shall render the approval of establishment null and void.
Article 15
A tourist amusement enterprise shall execute construction in accordance with its business plan as approved; and, where the original business plan is changed before or during construction, shall produce the changed plan drawings and related documents for submission to the competent authority for approval.
The format of the changed plan drawings and related documents as referred to in the preceding paragraph, and the procedural mode of review, shall be separately prescribed by the Tourism Administration, MOTC. Should the scale of establishment after the change match the conditions stipulated in Article4-1, it shall be referred to the Tourism Administration, MOTC for approval.
The provisions of the preceding two paragraphs shall apply, mutatis mutandis, where a tourist amusement enterprise changes its original business plan after commencing operation.
After the development timeframe for the business plan is approved, changes to the plan shall be granted no more than twice. However, according to the stipulation in Paragraph 1 and 2, Article 17 of the Statute, this does not apply to those who have been issued a tourist amusement enterprise operating license.
The format of the changed plan drawings and related documents as referred to in the preceding paragraph, and the procedural mode of review, shall be separately prescribed by the Tourism Administration, MOTC. Should the scale of establishment after the change match the conditions stipulated in Article4-1, it shall be referred to the Tourism Administration, MOTC for approval.
The provisions of the preceding two paragraphs shall apply, mutatis mutandis, where a tourist amusement enterprise changes its original business plan after commencing operation.
After the development timeframe for the business plan is approved, changes to the plan shall be granted no more than twice. However, according to the stipulation in Paragraph 1 and 2, Article 17 of the Statute, this does not apply to those who have been issued a tourist amusement enterprise operating license.
Article 15-1
In any of the situations listed below, the approval of a tourist amusement enterprise business plan and the enterprise's original establishment approval shall be rendered null and void:
1. Where construction has not been carried out in accordance with the approved plan, and the competent authority having set a time limit of one year for submission of an application to change the business plan, no such application or request for extension has been submitted within the time limit, or the application has been rejected by the competent authority. A request for extension of the time limit shall state the reason why the application cannot be made within the time limit. such extension may not exceed one year at a time, and may be granted no more than two times.
2. The development permit issued by the local land administration authority is invalid.
3. Failure to complete the development and obtain a tourist amusement enterprise license within the development timeframe of the business plan as approved.
In a situation as stipulated in Subparagraph 1 of the preceding paragraph, where the change involves expansion of the area for which the application for establishment was made, only the approval for such changed part of the business plan shall be rendered null and void.
1. Where construction has not been carried out in accordance with the approved plan, and the competent authority having set a time limit of one year for submission of an application to change the business plan, no such application or request for extension has been submitted within the time limit, or the application has been rejected by the competent authority. A request for extension of the time limit shall state the reason why the application cannot be made within the time limit. such extension may not exceed one year at a time, and may be granted no more than two times.
2. The development permit issued by the local land administration authority is invalid.
3. Failure to complete the development and obtain a tourist amusement enterprise license within the development timeframe of the business plan as approved.
In a situation as stipulated in Subparagraph 1 of the preceding paragraph, where the change involves expansion of the area for which the application for establishment was made, only the approval for such changed part of the business plan shall be rendered null and void.
Article 15-2
Where a tourist amusement enterprise, having received approval of establishment or approval of its business plan, starts operation before receiving its tourist amusement enterprise operating license, the administrative authority shall set a time limit for rectification. If rectification is not made within the time limit, the administrative authority shall invalidate the approval of the tourist amusement enterprise’s establishment and the approval of business plan.
Article 16
When the ownership of a tourist amusement enterprise is transferred to a different party before or during the construction phase, the enterprise shall produce the following documents which are to be filed with the administrative authority together with the application for approval:
1. A photocopy of the contract.
2. The minutes of the original enterprise’s shareholder meeting or written agreement of the shareholders.
3. Operation and management plan submitted by the transferee of ownership.
4. Other related documents.
Apart from the situations referred to in the preceding paragraph, where the company that originally applied to establish a tourist amusement enterprise is dissolved or has its company registration cancelled or terminated before or during construction, the approval of establishment and approval of business plan shall be rendered null and void.
1. A photocopy of the contract.
2. The minutes of the original enterprise’s shareholder meeting or written agreement of the shareholders.
3. Operation and management plan submitted by the transferee of ownership.
4. Other related documents.
Apart from the situations referred to in the preceding paragraph, where the company that originally applied to establish a tourist amusement enterprise is dissolved or has its company registration cancelled or terminated before or during construction, the approval of establishment and approval of business plan shall be rendered null and void.
Article 17
After the construction of the tourist amusement enterprise, the enterprise shall produce the following documents to apply for joint inspection by the administrative authority and the other competent authorities. The enterprise may start its operation only after passing the joint inspection and obtaining a tourist amusement enterprise operating license:
1. Completed application form for tourist amusement enterprise operating license.
2. Photocopies of the documents for approval of establishment and approval of business plan.
3. A photocopy of the building-use license or photocopies of other documents proving compliance with the law.
4. A cadastral overlay map of the tourist amusement facilities, and documentary proof that the tourist amusement facilities have passed safety inspection.
5. A photocopy of the liability insurance contract.
6. Documentary proof of corporate registration.
7. Table of basic information of the tourist amusement enterprise.
In the case that the new business project is designed to be completed in separate phases or areas, the enterprise may apply for inspection in accordance with the preceding paragraph after each of the phases or areas is completed. Each completed phase or area of the facilities may commence operation once it has passed inspection and found to be in compliance with regulations, and a tourist amusement enterprise operating license has been issued for it.
When issuing a tourist amusement enterprise operating license, the local administrative authority shall provide a copy of such license to the Tourism Administration, MOTC.
1. Completed application form for tourist amusement enterprise operating license.
2. Photocopies of the documents for approval of establishment and approval of business plan.
3. A photocopy of the building-use license or photocopies of other documents proving compliance with the law.
4. A cadastral overlay map of the tourist amusement facilities, and documentary proof that the tourist amusement facilities have passed safety inspection.
5. A photocopy of the liability insurance contract.
6. Documentary proof of corporate registration.
7. Table of basic information of the tourist amusement enterprise.
In the case that the new business project is designed to be completed in separate phases or areas, the enterprise may apply for inspection in accordance with the preceding paragraph after each of the phases or areas is completed. Each completed phase or area of the facilities may commence operation once it has passed inspection and found to be in compliance with regulations, and a tourist amusement enterprise operating license has been issued for it.
When issuing a tourist amusement enterprise operating license, the local administrative authority shall provide a copy of such license to the Tourism Administration, MOTC.
Chapter III The Operation and Management of Tourist amusement enterprises
Article 18
A tourist amusement enterprise shall display the exclusive trade logo for tourist amusement enterprises in a conspicuous position at its entrance.
The aforementioned exclusive trade logo for tourist amusement enterprises shall be issued by the administrative authority together with the tourist amusement enterprise operating license.
In case a tourist amusement enterprise is ordered to cease operation or its operating license is revoked, it shall return the exclusive trade logo for tourist amusement enterprises within two months from the day on which it receives notification of such penalty.
In case the enterprise fails to return the exclusive trade logo for tourist amusement enterprises as the foregoing paragraph requires, the administrative authority shall announce the nullification of its right to use the exclusive trade logo for tourist amusement enterprises that is required to be returned, and the tourist amusement enterprise may not continue using it.
The form of the exclusive trade logo for tourist amusement enterprises is shown in the annexed illustration. When the form of the logo is altered by the amendment of these Regulations, a tourist amusement enterprise shall return the original exclusive trade logo for tourist amusement enterprises within three months of the day on which the amendment goes into effect, and apply for its replacement; in case a tourist amusement enterprise fails to return the exclusive trade logo for tourist amusement enterprises that is required to be returned, the administrative authority shall announce the nullification of the enterprise’s right to use the logo, and the enterprise may not continue using it.
The aforementioned exclusive trade logo for tourist amusement enterprises shall be issued by the administrative authority together with the tourist amusement enterprise operating license.
In case a tourist amusement enterprise is ordered to cease operation or its operating license is revoked, it shall return the exclusive trade logo for tourist amusement enterprises within two months from the day on which it receives notification of such penalty.
In case the enterprise fails to return the exclusive trade logo for tourist amusement enterprises as the foregoing paragraph requires, the administrative authority shall announce the nullification of its right to use the exclusive trade logo for tourist amusement enterprises that is required to be returned, and the tourist amusement enterprise may not continue using it.
The form of the exclusive trade logo for tourist amusement enterprises is shown in the annexed illustration. When the form of the logo is altered by the amendment of these Regulations, a tourist amusement enterprise shall return the original exclusive trade logo for tourist amusement enterprises within three months of the day on which the amendment goes into effect, and apply for its replacement; in case a tourist amusement enterprise fails to return the exclusive trade logo for tourist amusement enterprises that is required to be returned, the administrative authority shall announce the nullification of the enterprise’s right to use the logo, and the enterprise may not continue using it.
- Exclusive Trade Logo for Tourist Amusement Enterprises.pdf
Article 18-1
After a tourist amusement enterprise has obtained the exclusive trade logo for tourist amusement enterprises in accordance with the provisions of the preceding paragraph, it may apply for additional such logos in accordance with the number of conspicuous places for entry to its place of operation by submitting an application form to the authority that issued its operating license.
Article 19
A tourist amusement enterprise shall display its business hours, ticket prices, services items, boundary map of its service area, instructions for use of its amusement grounds and tourist amusement facilities, and maintenance or repair notices, according to the nature of each, at its ticket booths and entrances, on its website if one has been set up, and in other appropriate and conspicuous places. The same requirement applies when the aforesaid information is changed.
A tourist amusement enterprise shall report to the local competent authority, for recordation, its business hours, ticket prices, a boundary map of its service area, and any maintenance or repair of tourist amusement facilities taking more than thirty days. The same requirement applies when the aforesaid information is changed.
When the local competent authority records the information as referred to in the preceding paragraph, it shall transmit a copy thereof to the Tourism Administration of MOTC.
A tourist amusement enterprise shall report to the local competent authority, for recordation, its business hours, ticket prices, a boundary map of its service area, and any maintenance or repair of tourist amusement facilities taking more than thirty days. The same requirement applies when the aforesaid information is changed.
When the local competent authority records the information as referred to in the preceding paragraph, it shall transmit a copy thereof to the Tourism Administration of MOTC.
Article 19-1
When a tourist amusement enterprise plans to host a specified event within its grounds, it shall apply for approval to the local administrative authority thirty days in advance, submitting a safety management plan with the application.
After the local administrative authority has approved an event as referred to in the preceding paragraph, it shall report this to the Tourism Administration, MOTC for reference filing.
The types of specified event and the content of the safety management plan as referred to in the first paragraph shall be determined by the MOTC in consultation with the relevant authorities and shall be publicly announced.
When the local administrative authority is reviewing the plan referred to in the first paragraph, it may do so in consultation with the local police, fire protection, building management, health, and other relevant authorities according to the content of the plan.
After the local administrative authority has approved an event as referred to in the preceding paragraph, it shall report this to the Tourism Administration, MOTC for reference filing.
The types of specified event and the content of the safety management plan as referred to in the first paragraph shall be determined by the MOTC in consultation with the relevant authorities and shall be publicly announced.
When the local administrative authority is reviewing the plan referred to in the first paragraph, it may do so in consultation with the local police, fire protection, building management, health, and other relevant authorities according to the content of the plan.
Article 20
A tourist amusement enterprise shall purchase liability insurance, with coverage and minimum insured amounts as follows:
(1) For bodily injury or death per person: Three million NT dollars.
(2) For bodily injury or death per incident: Thirty million NT dollars.
(3) For property damage or loss per incident: Two million NT dollars.
(4) Total insured amount for the period of coverage: Sixty-four million NT dollars.
A tourist amusement enterprise shall submit documentary proof of its annual purchase of liability insurance to the local administrative authority for reference filing.
When the local administrative authority receives and files the documents referred to in the preceding paragraph, it shall deliver a copy to the Tourism Administration, MOTC.
When hosting a specified event as referred to in the first paragraph of Article 19-1, a tourist amusement enterprise shall additionally purchase liability insurance for the event. Its coverage and minimum insured amounts shall be governed mutatis mutandis by the provisions of Paragraph 1, except that the total insured amount for the period of coverage shall be thirty-two million NT dollars. However, when other central laws or regulations or local autonomous laws or regulations apply, those laws or regulations shall be observed.
(1) For bodily injury or death per person: Three million NT dollars.
(2) For bodily injury or death per incident: Thirty million NT dollars.
(3) For property damage or loss per incident: Two million NT dollars.
(4) Total insured amount for the period of coverage: Sixty-four million NT dollars.
A tourist amusement enterprise shall submit documentary proof of its annual purchase of liability insurance to the local administrative authority for reference filing.
When the local administrative authority receives and files the documents referred to in the preceding paragraph, it shall deliver a copy to the Tourism Administration, MOTC.
When hosting a specified event as referred to in the first paragraph of Article 19-1, a tourist amusement enterprise shall additionally purchase liability insurance for the event. Its coverage and minimum insured amounts shall be governed mutatis mutandis by the provisions of Paragraph 1, except that the total insured amount for the period of coverage shall be thirty-two million NT dollars. However, when other central laws or regulations or local autonomous laws or regulations apply, those laws or regulations shall be observed.
Article 21
In the event that, after a tourist amusement enterprise begins operation, owing to a change in the content of its corporate registration or for any other reason, it is necessary for the content of its tourist amusement enterprise business license to be changed, the enterprise shall, within 15 days after the procedure for changing the corporate registration has been completed or the occurrence of other reason, produce the following documents with which to apply to the administrative authority for the change and the reissuance of its tourist amusement enterprise business license.
1. Completed application form for changing the tourist amusement enterprise business license.
2. Documentary proof of the corporate registration.
3. The tourist amusement enterprise business license previously issued.
4. Other related documentary proofs.
In the case that the tourist amusement enterprise changes its name, the procedures required by the preceding paragraph shall apply and, in addition, the previously issued exclusive trade logo for tourist amusement enterprises shall be submitted for re-issuance.
1. Completed application form for changing the tourist amusement enterprise business license.
2. Documentary proof of the corporate registration.
3. The tourist amusement enterprise business license previously issued.
4. Other related documentary proofs.
In the case that the tourist amusement enterprise changes its name, the procedures required by the preceding paragraph shall apply and, in addition, the previously issued exclusive trade logo for tourist amusement enterprises shall be submitted for re-issuance.
Article 22
A tourist amusement enterprise shall inform the local administrative authority of its service logo or enterprise name before using them in promotion or advertising campaigns. The same rule applies when changes occur to such service logo or enterprise name.
When the local administrative authority receives the abovementioned information and puts it into file, a copy of such information shall be provided to the Tourism Administration of MOTC.
When the local administrative authority receives the abovementioned information and puts it into file, a copy of such information shall be provided to the Tourism Administration of MOTC.
Article 23
The tourist amusement facilities operated by a tourist amusement enterprise may be leased, operated by another party under commission, or transferred only in their entirety；they shall not be leased, operated by another party under commission, or transferred in separate parts to different parties. Such prohibition does not apply provided approval is given by the administrative authority.
When a tourist amusement enterprise leases, commissions the operation, or transfers the ownership of its tourist amusement facilities to another party in their entirety, both parties shall produce the following documents with which the application for approval is to be filed with the administrative authority:
1. A photocopy of the contract.
2. The minutes of shareholders meeting or written agreement of shareholders of the lessor, commissioning party or transferer of ownership.
3. The operation and management plan and financial plan of the lessee, commissioned party, or transferee of ownership.
4. Other related documents.
The party to which the facilities are leased, or that is commissioned to operate them, or that receives the transfer of ownership, shall complete the legal procedures of corporate establishment registration or change of registration within two months after receiving the approval for the application as referred to in the preceding paragraph. Both parties shall produce the following documents for filing with the application with the administrative authority for the license of tourist amusement enterprise:
1. Completed application form for tourist amusement enterprise operating license.
2. The operating license for tourist amusement enterprise previously issued.
3. Documentary proof of the corporate registration of the lessee, commissioned party, or transferee of ownership.
The time period for completing the procedures as described in Paragraph 3 may be extended by two months provided the lessee, commissioned party, or transferee of ownership has applied for extension based on appropriate reasons, and received approval. The extension can only be made once.
When a tourist amusement enterprise leases, commissions the operation, or transfers the ownership of its tourist amusement facilities to another party in their entirety, both parties shall produce the following documents with which the application for approval is to be filed with the administrative authority:
1. A photocopy of the contract.
2. The minutes of shareholders meeting or written agreement of shareholders of the lessor, commissioning party or transferer of ownership.
3. The operation and management plan and financial plan of the lessee, commissioned party, or transferee of ownership.
4. Other related documents.
The party to which the facilities are leased, or that is commissioned to operate them, or that receives the transfer of ownership, shall complete the legal procedures of corporate establishment registration or change of registration within two months after receiving the approval for the application as referred to in the preceding paragraph. Both parties shall produce the following documents for filing with the application with the administrative authority for the license of tourist amusement enterprise:
1. Completed application form for tourist amusement enterprise operating license.
2. The operating license for tourist amusement enterprise previously issued.
3. Documentary proof of the corporate registration of the lessee, commissioned party, or transferee of ownership.
The time period for completing the procedures as described in Paragraph 3 may be extended by two months provided the lessee, commissioned party, or transferee of ownership has applied for extension based on appropriate reasons, and received approval. The extension can only be made once.
Article 24
In the event that the tourist amusement facilities operated by a tourist amusement enterprise are auctioned off by a court or taken over by a debtor in accordance with the law, the purchaser or receiver of the ownership, when applying for continued operation of the tourist amusement enterprise, shall produce the certificate for real estate ownership transfer and document proof for the ownership with which the purchaser or receiver shall follow the related procedures for establishing a tourist amusement enterprise to file application with the administrative authority for approval of such establishment and issuance of license. When a third party gains the ownership of the tourist amusement enterprise from the above purchaser or receiver, or is commissioned to operate the enterprise by the above purchaser or receiver, that third party shall follow the same procedures.
In an application as described in the previous Paragraph, in case the tourist amusement facilities is not subject to change of use, the review procedure shall apply the laws and regulations pertaining to the original application for the establishment. In the event in which the tourist amusement facilities is subject to change of use, the effective laws and regulations at the time of the application shall apply.
In an application as described in the previous Paragraph, in case the tourist amusement facilities is not subject to change of use, the review procedure shall apply the laws and regulations pertaining to the original application for the establishment. In the event in which the tourist amusement facilities is subject to change of use, the effective laws and regulations at the time of the application shall apply.
Article 25
In the event that a tourist amusement enterprise temporarily suspends its operation for more than one month, the enterprise shall file a report with the local administrative authority stating in detail the reasons for the suspension, and shall produce along with the report the minutes of the shareholders meeting or written agreement of its shareholders.
The period of suspended operation as described in the preceding paragraph shall not exceed one year. Should there be legitimate reason, the enterprise may apply for an extension, the duration of which shall not exceed one year. The application for such an extension shall be filed within fifteen days before the original period expires.
After the period of above-mentioned suspension expires, the enterprise shall file for resumption of operation with the local administrative authority within fifteen days.
In the event that the enterprise delays in filing a report on the suspension in accordance with Paragraph 1 or in applying for resumption of operation in accordance with the preceding paragraph for more than six months, the local administrative authority shall inform the administrative authority to invalidate the approval of establishment, the approval of business plan, and the business license of such enterprise.
When the local administrative authority approves the suspension or resumption of operation, a copy of such approval notice shall be sent to the Tourism Administration, MOTC.
The period of suspended operation as described in the preceding paragraph shall not exceed one year. Should there be legitimate reason, the enterprise may apply for an extension, the duration of which shall not exceed one year. The application for such an extension shall be filed within fifteen days before the original period expires.
After the period of above-mentioned suspension expires, the enterprise shall file for resumption of operation with the local administrative authority within fifteen days.
In the event that the enterprise delays in filing a report on the suspension in accordance with Paragraph 1 or in applying for resumption of operation in accordance with the preceding paragraph for more than six months, the local administrative authority shall inform the administrative authority to invalidate the approval of establishment, the approval of business plan, and the business license of such enterprise.
When the local administrative authority approves the suspension or resumption of operation, a copy of such approval notice shall be sent to the Tourism Administration, MOTC.
Article 26
In the event that a tourist amusement enterprise terminates its operation for some reason, the enterprise shall apply to the administrative authority for termination of operation and for invalidation of its approval of establishment, approval of business plan, and operating license, submitting the following documents with the application:
1. The originally issued tourist amusement enterprise operating license.
2. Minutes of the shareholders meeting, written agreement of shareholders, or certificate of transfer of rights issued by a court.
3. Other relevant documents.
When the administrative authority approves termination and invalidation as described in the previous paragraph, it shall copy notification of such decision to the relevant authorities.
When a tourist amusement enterprise terminates operation and fails to apply as stipulated in Paragraph 1 within six months, the administrative authority shall revoke its approval of establishment, approval of business plan, and operating license.
1. The originally issued tourist amusement enterprise operating license.
2. Minutes of the shareholders meeting, written agreement of shareholders, or certificate of transfer of rights issued by a court.
3. Other relevant documents.
When the administrative authority approves termination and invalidation as described in the previous paragraph, it shall copy notification of such decision to the relevant authorities.
When a tourist amusement enterprise terminates operation and fails to apply as stipulated in Paragraph 1 within six months, the administrative authority shall revoke its approval of establishment, approval of business plan, and operating license.
Article 27
After the commencement of operation, a tourist amusement enterprise shall submit its monthly reports on revenue, number of visitors and number of employees to the local administrative authority by the tenth of every month; its annual balance sheet and financial report shall be submitted by June of the following year. The local administrative authority shall make a compilation of the monthly reports of the tourist amusement enterprises in its jurisdiction for submission to the Tourism Administration of MOTC by the fifteenth of every month.
Article 28
In the event that a tourist amusement enterprise joins a domestic or international franchise, the enterprise shall submit a report to the local administrative authority for file along with the contract and other documents after due procedures are completed in accordance with the law.
When the local administrative authority puts on file the report as described in the previous Paragraph, a copy of such information shall be sent to the Tourism Administration of MOTC.
When the local administrative authority puts on file the report as described in the previous Paragraph, a copy of such information shall be sent to the Tourism Administration of MOTC.
Article 29
Tourist amusement enterprises may establish well-designed guidance and tourism information service systems, and sponsor the marketing and promotion campaigns organized under the guidance of the administrative authority.
Article 30
In the event that a trade union or similar forms of organization with legal person status is formed among tourist amusement enterprises, the operation of the organization shall be subject to the supervision of the administrative authority.
Chapter IV Inspection on tourist amusement enterprise
Article 31
Inspection activities on tourist amusement enterprises shall be divided into the following categories:
1. Inspection before the commencement of operation
2. Regular inspection
3. Unscheduled inspection
1. Inspection before the commencement of operation
2. Regular inspection
3. Unscheduled inspection
Article 32
Safety inspections shall be carried out on the following tourist amusement facilities operated by tourist amusement enterprises:
1. Mechanic amusement facilities.
2. Aquatic amusement facilities.
3. Land-based amusement facilities.
4. Aeronautic amusement facilities.
5. Other amusement facilities approved by the administrative authority.
The items to be included in the inspections as required by the preceding Paragraph shall be determined by the administrative authority on the central government level in concert with administrative authorities unless otherwise stipulated by related laws and regulations or national standards.
1. Mechanic amusement facilities.
2. Aquatic amusement facilities.
3. Land-based amusement facilities.
4. Aeronautic amusement facilities.
5. Other amusement facilities approved by the administrative authority.
The items to be included in the inspections as required by the preceding Paragraph shall be determined by the administrative authority on the central government level in concert with administrative authorities unless otherwise stipulated by related laws and regulations or national standards.
Article 33
After an inspection carried by administrative authorities finds the tourist amusement facilities to be in compliance with regulations and certificates of inspection is issued, the enterprise of the facilities shall place them or mark them out at conspicuous positions on the tourist amusement facilities.
The enterprise shall erect signs of instructions, related warnings and restrictions of use according to the types and characteristics of its tourist amusement facilities.
The enterprise shall erect signs of instructions, related warnings and restrictions of use according to the types and characteristics of its tourist amusement facilities.
Article 34
Dedicated staff shall be appointed to manage, maintain and operate the tourist amusement facilities operated by tourist amusement enterprises. Qualified lifeguards and emergency rescue equipment shall be made available by the tourist amusement facilities.
Tourist amusement enterprises shall conduct training courses on the management, maintenance and operation of tourist amusement facilities as well as lifeguard skill training. Records of the training programs shall be kept and treated as one of the items for regular or unscheduled inspections by the administrative authority.
Tourist amusement enterprises shall conduct training courses on the management, maintenance and operation of tourist amusement facilities as well as lifeguard skill training. Records of the training programs shall be kept and treated as one of the items for regular or unscheduled inspections by the administrative authority.
Article 35
Tourist amusement enterprises shall install visitor safety equipment and emergency medical aid equipment on its premises, and establish emergency disaster relief and emergency medicine systems. The result shall be reported to the local administrative authority for file.
A tourist amusement enterprise shall conduct at least one emergency drill each year, and may design the drills as part of other larger-scale drills.
The organizer of the emergency drills as described in the previous Paragraph shall contact the local administrative authority for on-site supervision. The local administrative authority shall make a report of its supervision and observation, and submit the report to the Tourism Administration of MOTC for file; should there be a need for improvement, the local administrative authority shall inform the enterprise and set a deadline for such improvement.
A tourist amusement enterprise shall conduct at least one emergency drill each year, and may design the drills as part of other larger-scale drills.
The organizer of the emergency drills as described in the previous Paragraph shall contact the local administrative authority for on-site supervision. The local administrative authority shall make a report of its supervision and observation, and submit the report to the Tourism Administration of MOTC for file; should there be a need for improvement, the local administrative authority shall inform the enterprise and set a deadline for such improvement.
Article 36
Tourist amusement enterprises shall conduct regular and unscheduled inspections on the management, operation, security and maintenance of its tourist amusement facilities and make records of those inspections. The records shall be submitted to the local administrative authority by the fifth of every January, April, July and October. The local administrative authority may conduct auditing on the records when necessary.
The local administrative authority shall compile the reports from the tourist amusement enterprises under its jurisdiction, and submit the information to the Tourism Administration of MOTC for file by the tenth of every January, April, July and October.
The local administrative authority shall compile the reports from the tourist amusement enterprises under its jurisdiction, and submit the information to the Tourism Administration of MOTC for file by the tenth of every January, April, July and October.
Article 37
The local administrative authority, in its supervising of the tourist amusement enterprises under its jurisdiction on matters including the maintenance of tourist safety, maintenance and management of tourist amusement facilities, sanitation and beautification of the environment, and customer services, shall invite the administrative authorities for regular or unscheduled joint inspections and make records of the results.
In the event that the inspection of tourist amusement facilities as described in the previous paragraph reveals any irregularities or potential danger, written notice shall be served to the enterprise requiring improvement by a set date; continued use of such facilities shall be prohibited before passing a second inspection.
The regular inspections as described in Paragraph 1 shall be conducted once in the first half of the year and once in the second half of the year. The former shall be completed by the end of April, and the latter by the end of October. A report on the inspection results shall be submitted to the Tourism Administration, MOTC for filing.
The Tourism Administration, MOTC may conduct unscheduled inspections regarding the matters described in Paragraph 1.
In the event that the inspection of tourist amusement facilities as described in the previous paragraph reveals any irregularities or potential danger, written notice shall be served to the enterprise requiring improvement by a set date; continued use of such facilities shall be prohibited before passing a second inspection.
The regular inspections as described in Paragraph 1 shall be conducted once in the first half of the year and once in the second half of the year. The former shall be completed by the end of April, and the latter by the end of October. A report on the inspection results shall be submitted to the Tourism Administration, MOTC for filing.
The Tourism Administration, MOTC may conduct unscheduled inspections regarding the matters described in Paragraph 1.
Article 38
The Tourism Administration of MOTC may organize annual contests of supervision and inspection on matters including maintenance of tourist safety, maintenance and management of tourist amusement facilities, sanitation and beautification of the environment and customer services.
In organizing the contests of supervision and inspection as mentioned in the preceding Paragraph, the Tourism Administration of MOTC may invite other government agencies, experts and scholars from the fields of police administration, fire control, sanitation, environmental protection, building management, labor safety inspection, and consumer protection to form a board of judges.
In organizing the contests of supervision and inspection as mentioned in the preceding Paragraph, the Tourism Administration of MOTC may invite other government agencies, experts and scholars from the fields of police administration, fire control, sanitation, environmental protection, building management, labor safety inspection, and consumer protection to form a board of judges.
Chapter V The management of employees in the tourist amusement enterprise
Article 39
Tourist amusement enterprises shall provide pre-vocational and on-job training to its employed staff; the administrative authority may provide assistance when necessary.
In order to enhance the quality of work of the employees of tourist amusement enterprises including technical staff for managing, maintaining and operating the tourist amusement facilities, lifeguards and other supporting staff, the administrative authority on the central government level may organize professional training programs, to which tourist amusement enterprises may send their employees to attend.
The administrative authority on the central government level may commission professional institutions to operate the professional training programs as described by the preceding paragraph, and may charge registration fees, tuition fees and certificate fees on the attendees.
In order to enhance the quality of work of the employees of tourist amusement enterprises including technical staff for managing, maintaining and operating the tourist amusement facilities, lifeguards and other supporting staff, the administrative authority on the central government level may organize professional training programs, to which tourist amusement enterprises may send their employees to attend.
The administrative authority on the central government level may commission professional institutions to operate the professional training programs as described by the preceding paragraph, and may charge registration fees, tuition fees and certificate fees on the attendees.
Chapter VI Additional Provisions
Article 40
When a tourist amusement enterprise which is recognized as falling into the category of major investment projects violates Articles 15 to 17, Paragraphs 3 or 4 of Article 18, Article 21, Article 23, Article 24, Article 26, or Paragraph 1 of Article 39, punishment shall be imposed by the MOTC in accordance with Paragraph 3 of Article 55 or with Article 61 of the Statute. In case the enterprise does not fall into the category of major investment projects, punishment shall be imposed by the local administrative authority in accordance with Paragraph 3 of Article 55 or with Article 61 of the Statute.
When a tourist amusement enterprise violates Paragraph 1 of Article 18, Article 19, paragraph 1 of Article 19-1, Article 20, Article 22, Article 25, Article 27, Article 28, Article 35 or Article 36, punishment shall be imposed by the local administrative authority in accordance with Subparagraph 2 in Paragraph 2 of Article 55, Paragraph 3 of Article 55, and Paragraph 3 of Article 57 of the Statute.
When a tourist amusement enterprise violates the stipulation in Article 33, Article 34, or Article 37, punishment shall be imposed by the administrative authority in accordance with Paragraph 3 of Article 55 or Paragraph 1 of Article 54 of the Statute.
When a tourist amusement enterprise violates Paragraph 1 of Article 18, Article 19, paragraph 1 of Article 19-1, Article 20, Article 22, Article 25, Article 27, Article 28, Article 35 or Article 36, punishment shall be imposed by the local administrative authority in accordance with Subparagraph 2 in Paragraph 2 of Article 55, Paragraph 3 of Article 55, and Paragraph 3 of Article 57 of the Statute.
When a tourist amusement enterprise violates the stipulation in Article 33, Article 34, or Article 37, punishment shall be imposed by the administrative authority in accordance with Paragraph 3 of Article 55 or Paragraph 1 of Article 54 of the Statute.
Article 41
When applying for a tourist amusement enterprise operating license under the provisions of Paragraphs 1 and 2 of Article 69 of the Statute, the operator shall submit the following documents to the administrative authority in applying for a tourist amusement enterprise operating license and tourist amusement enterprise logo:
1. Completed application form for tourist amusement enterprise operating license.
2. A photocopy of the building-use license or photocopies of other documents proving compliance with the law.
3. A cadastral overlay map of the tourist amusement facilities, and documentary proof that the tourist amusement facilities have passed safety inspection.
4. A photocopy of the liability insurance contract.
5. Documentary proof of corporate registration.
6. Table of basic information on the tourist amusement enterprise.
7. Documents of original approval of operation as prescribed by law.
8. Operating and management plan.
1. Completed application form for tourist amusement enterprise operating license.
2. A photocopy of the building-use license or photocopies of other documents proving compliance with the law.
3. A cadastral overlay map of the tourist amusement facilities, and documentary proof that the tourist amusement facilities have passed safety inspection.
4. A photocopy of the liability insurance contract.
5. Documentary proof of corporate registration.
6. Table of basic information on the tourist amusement enterprise.
7. Documents of original approval of operation as prescribed by law.
8. Operating and management plan.
Article 42
A tourist amusement enterprise applying for the issuance, reissuance or replacement of a tourist amusement enterprise business license shall pay a fee of NT$1,000. But a tourist amusement enterprise that was lawfully approved to operate prior to the coming into effect of these Regulations shall be exempt from payment of a fee when it applies for the issuance of a tourist amusement enterprise business license; and the same applies to an application for the reissuance of a tourist amusement enterprise license due to a change of address resulting from an administrative district adjustment or street address rearrangement.
An applicant for the issuance, reissuance, replacement or additional issuance of the exclusive trade logo for tourist amusement enterprises shall pay a fee of NT$8,000. But an application for replacement of the exclusive trade logo for tourist amusement enterprises due to the change of its form by amendment of these Regulations shall, except for additional issuance, be exempt from payment.
An applicant for the issuance, reissuance, replacement or additional issuance of the exclusive trade logo for tourist amusement enterprises shall pay a fee of NT$8,000. But an application for replacement of the exclusive trade logo for tourist amusement enterprises due to the change of its form by amendment of these Regulations shall, except for additional issuance, be exempt from payment.
Article 43
The format of forms, reports and documents mentioned in this Regulation shall be determined by the Tourism Administration of MOTC.
Article 44
This Regulation shall be implemented on the day of promulgation.