Law and Compliance in Taiwan
- General Observation
- You must state precisely the obligations of the vendor and the methods of quality control.
- Law Applicable to the Contract
- Taiwan did not sign the Convention of Vienna because It's not recognized as an independent country. A foreign law can be applied: to be negotiated when writing the contract. If not it is the Code of Commerce will apply.
- Advisable Incoterms
- Choose FOB or CIF, or more. For more information on Incoterms consult the website of the International Chamber of Commerce.
- Language of Domestic Contract
- Chinese or English.
- Other Laws Which Can Be Used in Domestic Contracts
- A foreign law can be applied: to be negotiated when writing the contract. If not, the Code of Commerce will apply.
Legal Framework of Business
Equity of Judgments
- Independence of Justice
The judiciary in Taiwan is largely independent, and trials are public and generally fair. Foreigners can be guaranteed an impartial trial from the country?s judicial system.
But Taiwan is not completely free from corruption (it particularly exists in country?s police force and judiciary): vote buying is a common practice at the time of elections and political and organized crime exits in the country.
- Equal Treatment of Nationals and Foreigners
- Foreigners can be guaranteed an impartial trial from the country's judicial system.
- The Language of Justice
- The judicial language used in the country is Mandarin Chinese, having an interpreter is possible.
- Recourse to an Interpreter
- Having an interpreter is possible.
- Legal Similarities
- Taiwanese Law today is mainly based on the civil law system.
The Different Legal Codes
|The Constitution of Taiwan||It is the supreme law of the land and contains 175 articles in the original text.|
|The Civil Code||The Civil Code regulates all aspects of trade, agency, employment, contracts, leases, loans, mandates, partnership, suretyship and tort.|
|The Code of Civil Procedures||the Code of Civil Procedure governs procedurally all civil matters including commercial.|
|The Criminal Code||All criminal matters are governed substantively by the Criminal Code|
|The Code of Criminal Procedure||the Code of Criminal Procedure governsprocedurally all criminal matters.|
|The Administrative laws|
- Checking National Laws Online
Taiwanese legal research guide
Find Legal Experts in Taiwan on GlobalTrade.net.
|The Supreme Court||The court of last resort in the Republic of China. It is inferior only to the Judicial Yuan that considers constitutional issues.|
|Taiwan High Court|
|Fuchien High Court Kinmen Branch Court||This Court handles appeal and objection cases from the district courts of Kinmen County and Lienchiang County; and also criminal and other cases subject to a legal decision of the High Court.|
|The Supreme Administrative Court||The high administrative courts decide questions of both fact and law, while the Supreme Administrative Court decides only questions of law.|
|High Administrative Courts||The high administrative courts decide questions of both fact and law, while the Supreme Administrative Court decides only questions of law.|
|Commission on the disciplinary sanctions of functionaries||The Control Yuan may impeach a public official for malfeasance, dereliction of duty, other neglect of duty, or if the head of any of the various branches, ministries or commissions or the highest local administrative head requests a disciplinary measure against a public official for these reasons. The Commission on the Disciplinary Sanctions of Functionaries, under the Judicial Yuan, exercises jurisdiction over such cases.|
|Judicial Personal Study Center of the Judicial Yuan|
- The lawyer's first role is to inform his clients about their rights and obligations. Then he can represent them in court and make a speech for the defense.
- He is the one who decides if the law has been broken or not, as well as the penalties which ensue.
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