Promulgated on January 13, 1992
Amendment to Article 2 Promulgated on January 12, 2000
Addition of Article 15-1 Promulgated on June 12, 2002

Article 1

This Statute is enacted pursuant to Article 29 of the Fair Trade Law for the Executive Yuan to establish a Fair Trade Commission in the Executive Yuan (here inafter referred to as the "Commission") to administer affairs prescribed in said Law.

Article 2

The Commission shall have the responsibility to direct and supervise competent provincial (municipal) and county (city) authorities in carrying out their administration of matters arising under the Fair Trade Law.

Article 3

In carrying out its duties, the Commission may request assistance from local competent authorities or entrust them with such duties.

Article 4

The Commission shall have the following Departments (Offices):
1.   the First Department;
2.   the Second Department ;
3.   the Third Department;
4.   the Department of Planning;
5.   the Department of Legal Affairs ; and
6.   the Secretariat.

Article 5

The First Department shall investigate and process matters relating to monopolies, mergers and concerted actions by enterprises in the following sectors:
1.  agriculture, forestry, fishery, animal husbandry, and hunting businesses;
2.  commercial business;
3.  transportation, warehousing, and communication businesses;
4.   finance, insurance, real-estate, and industrial/commercial se rvices; and
5.   social and personal services.

Article 6

The Second Department shall investigate and process matters relating to monopolies, mergers and concerted actions by enterprises in the following sectors:
1. mining and earth/gravel excavating businesses;
2. manufacturing business;
3. water, electricity, and fuel gas businesses;
4. construction business; and
5. other related or non-classifiable businesses.

Article 7

The Third Department shall be charge with the following matters:
1.  investigate and process restriction of resale prices;
2.  investigate and process interference with fair competition;
3.  investigate and process counterfeiting;
4.  investigate and process false, untrue, or misleading presentations and advertisements;
5.  investigate and process acts causing injury to another person's business reputation;
6.  investigate and process multi-level sales; and
7.  investigate and process matters relating to deceptive or obviously unfair acts sufficient to affect trading order.

Article 8

The Department of Planning shall be charged with the following matters:
1.   to prepare and formulate fair trade policies;
2.   to issue public notices under the Fair Trade Law;
3.   to conduct research/development and control or review matters related to fair trade;
4.   to collect domestic and foreign fair trade information and ender economic analysis; and
5.   to handle other matters related to the planning of fair trade.

Article 9

The Department of Legal Affairs shall be charged with the following matters:
1. to prepare and formulate fair trade rules and regulations and amendments thereof;
2. to consult laws and regulations related to fair trade;
3. to study and research legal systems related to fair trade;
4. to carry out execution of fines; and
5. to handle the referral of criminal offenders for prosecution.

Article 10

The Secretariat shall be charged with meetings, clerical matters, use of the official seal, receipts and disbursements, general affairs, and public relations as well as matters not relating to other Department .

Article 11

The Commission shall have nine (9) commissioners, who shall each serve a term of three (3) years and may be re-appointed for one more term. Among the commissioners, one(1) shall be appointed as the Chairperson of the Commission, who shal l have the rank of a Special Appointment Official and shall supervise over all affairs of the Commission, and one (1) shall be appointed as the Vice Chairperson of the Commission, who shall have the rank equivalent to the fourteenth (14th) grade of Selected Approved Officials and shall assist the Chairperson in the a dministration of the affairs of the Commission, and the remaining commissioners shall each have the rank equivalent to a thirteenth (13th) grade official. All commissioners shall be recommended by the Premier and appointed by the President. In case a commissioner vacates his office, his successor shall serve until expiry of the original tenure. The number of commissioners with the same political party shall not be more than one-half (1/2) of the total number of commissioners.

Article 12

Only persons well versed and experienced in law, economics, finance, tax, accounting or management shall be appointed as commissioners of this Commission.

Article 13

Commissioners of the Commission shall be beyond party affiliations and shall act independently in performing their duties under the law.

Article 14

In meetings of the commissioners, the Commission shall be charged with the disposition of matters regarding the following:
1.  review of fair trade policies;
2.  deliberation and review of the administration of fair trade programs;
3.  review of cases relating to public notice, approval, and disposition under the Fair Trade Law;
4.  deliberation of matters arising under the Fair Trade Law and regulations;
5.  review of proposals made by any of the commissioners; and
6.  other matters requiring resolutions at the meeting of commissioners as prescribed by law.

Article 15

The Commission shall meet once a week and special meetings may be held if necessary. The above meeting shall be presided by the Chairperson, or by the Vice Chairperson in case of the absence of the Chairperson. Should both the Chairperson and the Vice Chairperson be absent, commissioners shall elect one person among themselves to be Chairperson of the meeting. To adopt a resolution at the meeting of commissioners, a majority of the commissioners is required to be present at the meeting and a majority of the commissioners present shall vote in favor thereof. Scholars, experts and representatives from administrative agencies or enterprises who are concerned with the matters to be resolved may be invited to attend the meeting to make statements of facts or express opinions.

Article 15-1

A Commissioners' Meeting is not open to the public. However, the minutes of the Commissioners' Meeting shall be made public, except for matters that are required to be kept confidential. All participants, attendants, and record keepers present at a Commissioners' Meeting shall refrain from divulging the processes of pros and cons of the Meeting's resolutions and any other particulars that a Commissioners' Meeting resolves to be kept confidential. The scope of confidentiality, conditions and time for declassification, procedures for disclosure to the public, and any other matters relating to the "processes of pros and cons of the Meeting's resolutions and any other particulars that a Commissioners' Meeting resolves to be kept confidential" as referred to in the preceding paragraph shall be prescribed by this Commission.

Article 16

The Commission shall have one (1) secretary general, three (3) councilors, and five (5) department director generals, each to have the rank of a twelfth (12th) grade Selected Appointment Official. It shall also have five (5) deputy department director generals, each to have the rank of an eleventh (11th) grade Selected Appointment Official; one (1) Chief of Secretariat and three (3) to five (5) senior specialists, whose ranks shall be from the tenth (10th) to eleventh (11th) grade of a Selected Appointment Official; thirty-one (31) to thirty-three (33) section chiefs, each having the rank of ninth (9th) grade Recommended Appointment Official; five (5) to seven (7) secretaries and eight (8) to eighteen (18) inspectors, whose ranks shall be from the eighth (8th) to ninth (9th) grade of a Recommended Appointment Official, out of which three (3) secretaries and six (6) inspectors may have rank from the tenth (10th) to eleventh (11th) grade of a Selected Appointment Officials; twenty (20) to thirty (30) specialists, one (1) to three (3) analysts, and one (1) to three (3) administrators, whose ranks shall be from the seventh (7th) to ninth (9th) grades of Recommended Appointment Officials; three (3) to five (5) software designers, whose ranks shall be from the sixth (6th) to eighth (8th) grades of Recommended Appointment Officials; fifty-one (51) to sixty-five (65) staff members, each to have the rank of fifth (5th) grade Designated Appointment Official and thirty-three (33) of which may have ranks from the sixth (6th) to seventh (7th) grades of Recommended Appointment Officials; two (2) to four (4) assistant designers and one (1) to three (3) administrative clerks, whose ranks shall be from the third (3rd) to fifth (5th) grades of Designated Appointment Officials; twelve (12) to eighteen (18) staff members, whose ranks shall be from the third (3rd) to fourth (4th) grades of Designated Appointment Officials; nine (9) to eleven (11) office clerks, whose ranks shall be from the first (1st) to third (3rd) grades of Designated Appointment Officials; and six (6) to ten (10) contract employees.

Article 17

The Commission shall have a Personnel Office to be headed by an office director with the rank of a tenth (10th) or eleventh (11th) grade Selected Appointment Official and who shall administer personnel affairs by law. Personnel to staff the Personnel Office shall be assigned within the personnel quota prescribed herein.

Article 18

The Commission shall have an Accounting Office to be headed by an office director with the rank of a tenth (10th) or eleventh (11th) grade Selected Appointment Official to administer the annual budget and accounting affairs by law. Personnel to staff the Accounting Office shall be assigned within the personnel quota prescribed herein.

Article 19

The Commission shall have a Statistics Office to be headed by an office director with the rank of a tenth (10th) or eleventh (11th) grade Selected Appointment Official to administer statistics affairs by law and establish and maintain the data system of the Commission. Personnel to staff the Statistics Office shall be assigned within the personnel quota prescribed herein.

Article 20

Classifications of titles of personnel with official ranks prescribed in Articles 11 and 16 through 19 hereof shall be determined in accordance with applicable title classifications provided in Article 8 of the Civil Officials Appointment Law.

Article 21

Those serving officials who have been registered, reviewed and assigned by Commodity Price Supervisory Board, the Ministry of Economic Affairs, as a provisional agency, in accordance with the Statute of Assigned Officials, but have not acquired the status to serve as civil officials prior to implementation of the Statute, after the Commodity Price Supervisory Board, Ministry of Economic Affairs has been subsumed into the Commission, shall attend a public examination to be held by the Examination Yuan to acquire such status. Measures governing such examination shall be stipulated by the Examination Yuan. Any one of such officials may serve the same office and classification as previously assigned until his resignation.

Article 22

The Commission may, if necessary, invite scholars and experts to work without pay as advisors or consultative members. Measures governing the selection and invitation of these consultants and their meeting procedures shall be stipulated separately.

Article 23

Meeting rules and operational procedures of the Commission shall be formulated by the Commission and submitted to the Executive Yuan for approval.

Article 24

This Statute shall come into force on the date of promulgation.