Business Operation Licensing and Administration Regulations of Measuring Instrument Enterprises
1.中華民國七十六年八月二十八日經濟部(78)經中標字第 43405 號令 訂定發布全文 31 條 2.中華民國八十六年四月九日經濟部(86)經中標字第 86460483 號令修 正發布第 3、4、6、10、23、25 條條文;並刪除第 21、22 條條文 3.中華民國八十八年六月二日經濟部(88)經標檢字第 88461003 號令修 正發布全文 29 條 4.中華民國九十年三月二十八日經濟部(90)經標檢字第 09004603610 號令修正發布第 17 條條文 5.中華民國九十二年六月二十五日經濟部經標字第 09204607930 號令修 正發布名稱及全文 13 條;並自發布日施行 (原名稱:度量衡器營業許可及管理規則;新名稱:度量衡業營業許可 及管理規則) 6.中華民國一百年五月二十五日經濟部經標字第 10004602870 號令修正 發布第 4、5、8、9 條條文 7.中華民國一百零六年九月二十八日經濟部經標字第 10604604190 號令 修正發布全文 16 條;並自發布日施行 8.中華民國一百零七年十二月十一日經濟部經標字第 10704607020 號令 修正發布第 4、10 條條文;刪除第 13 條條文 中華民國一百十二年九月十三日行政院院臺規字第 1121031987 號公告 第 7 條第 2 項所列屬「經濟部國際貿易局」之權責事項,自一百十 二年九月二十六日起改由「經濟部國際貿易署」管轄 9.中華民國一百十二年十二月十八日經濟部經標字第 11253500590 號令 修正發布第 7 條條文
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These Regulations are enacted pursuant to Paragraph Four, Article 34 of the Weights and Measures Act (hereinafter referred to as "the Act").
"Measuring instrument enterprises" mentioned in these Regulations refers to the enterprises engaged in the manufacturing, repair, or importation of legal measuring instrument in accordance with Paragraph One, Article 34 of the Act.
1To apply for business operation of licensing of measuring instrument enterprise, an application form for establishment of business operation of licensing of measuring instrument enterprise and a statement shall be prepared and submitted together with the photocopy of the principal's ID card to the dedicated weights and measures authority. If it is confirmed through examination that the application meets relevant provisions, a business operation establishment licensing document of measuring instrument enterprise shall be issued.
2The applicant may apply for a business license only after having finished the registration of company or commercial weights and measures business operation items with the establishment licensing document presented. However, if the measuring instrument manufacturer is a factory as called in the Factory Management and Guidance Act, the manufacturer may apply for a business license only after having finished the factory registration in addition to the aforesaid registration items.
1To apply for a business license, the applicant shall prepare an application form, and submit it together with the permit fee and license fee as well as the following documents in addition to the photocopy of company or firm registration to the dedicated weights and measures authority:
21.Manufacturer:
3(1)A photocopy of factory registration; where the manufacturer is exempted from factory registration, it shall be exempted from submission of the documents related to factory registration.
4(2)A photocopy of reports for calibration of the measurement standards.
52.Repairer: a photocopy of reports for calibration of the measurement standards.
6"Reports for calibration" mentioned in the preceding Paragraph refers to the records of calibration conducted in accordance with Article 38 of the Act.
7For repairers designated by the dedicated weights and measures authority, the seal pattern shall be submitted as well.
8If the relevant requirements are not satisfied in Paragraphs 1 and preceding Paragraph, a time limit may be set for correction; in case correction is not made within the specified time limit or the equipments are deemed as incompliant, the application shall be rejected.
1After having received and qualified in writing an application for business license of measuring instrument manufacturer or repairer, the dedicated weights and measures authority shall inspect the measurement standards and on-site operation of the applicant.
2When the dedicated weights and measures authority carries out the on-site inspection, the applicant shall have articles, measurement standards, related equipment and its operating instructions ready.
3If the relevant requirements for the on-site inspection are not satisfied, the correction shall be finished by the applicant within fourteen days for the re-inspection of the dedicated weights and measures authority; in case correction is not made within the specified time limit or the re-inspection is deemed to be incompliant, the application shall be rejected.
If it is confirmed after examination that an application for business license meets the relevant provisions, the dedicated weights and measures authority shall issue a business license.
1An enterprise that holds a business license of measuring instrument manufacturer may concurrently conduct the repair of measuring instrument within the scope of manufacturing.
2An enterprise that holds a business license of measuring instrument manufacturer or repairer and is registered at the International Trade Administration, Ministry of Economic Affairs as an import & export company may concurrently conduct the importation of measuring instrument.
1To establish a branch, a manufacturer, repairer, or importer of measuring instrument which actual operates business shall apply for a business license separately for the branch or business in accordance with Article 4; the validity period and the category of business shall be the same as those of the original business license of measuring instrument.
2Where the category of business applied for under the preceding Paragraph is different from that of the original, application for licensing shall be filed in accordance with Article 3.
3Where a manufacturer of measuring instrument establishes factories in different places which actual operate business, it shall apply for business licenses separately in accordance with Article 4.
1A measuring instrument enterprise may, six months before expiration of the validity period of business license, prepare an application form in accordance with Article 4 and submit it together with the permit fee and license fee to the dedicated weights and measures authority to apply for prolongation, and the dedicated weights and measures authority may carry out the on-site inspection. A measuring instrument enterprise shall reapply a business license which validity period expires, and the prolonged application shall be rejected in accordance with Article 4.
2The validity period of the qualified replacement license referred to in the preceding Paragraph is ten years commencing from the day following expiration of the validity period of the original business license. However, if an application for prolongation is not filed six months before expiration and the replacement is not finished within the validity period of the original business license due to causes not attributed to the dedicated weights and measures authority, or if an application for prolongation is filed eight months before expiration, the validity period of the replacement shall be ten years commencing from the day of issuance.
3If the relevant requirements are not satisfied in the preceding Paragraph, a time limit may be set for correction. The correction referred to in the preceding Paragraph shall be finished within fourteen days; in case correction is not made within the specified time limit, the application shall be rejected.
1In case of alteration of items in the business license, a measuring instrument enterprise shall prepare an application form, pay the license fee, and submit the application form together with the original business license and a photocopy of the company or firm registration certificate to the dedicated weights and measures authority, to apply for replacement of the business license. The dedicated weights and measures authority may carry out the on-site inspection whenever necessary; if the enterprise is a manufacturer, a photocopy of the factory registration certificate or relevant certificates on exemption from factory registration shall be submitted in addition.
2In case of alteration of the category class of business of the measuring instrument enterprise, the provisions of Article 3 shall apply.
3In case of addition of the categories of measuring instruments of the measuring instrument enterprise, the provisions of Article 4 shall apply.
1In case of loss or damage of a business license, the measuring instrument enterprise may prepare an application form and submit it together with the license fee to the dedicated weights and measures authority, to apply for re-issuance or replacement.
2A new license as re-issued or replaced under the preceding Paragraph shall use the original business license No., and mark the date of re-issuance or replacement and the text of "Re-issued" or "Replaced".
Where an application for business license is rejected or withdrawn, the license fee shall be handed back.
(Delete)
Businesses obtaining the business license of measuring instrument repairer with the scope of service covering legal measuring instruments shall repair or align the measuring instruments in accordance with the technical documents provided by the manufacturers or importers and the technical specifications of licensed measuring instruments.
1Businesses obtaining the business license of measuring instrument manufacturer or repairer with taximeters shall retain the records of repair, including trademark, model, serial number, license plates, summary of repair, and the name of the component replaced.
2The records of repair referred to in the preceding Paragraph shall be kept for the last two years or more within the validity period of business license for the review of the dedicated weights and measures authority. If the records are not kept, a time limit may be set for correction.
These Regulations shall come into force as of the date of promulgation.
9The correction referred to in the preceding Paragraph shall be finished by the applicant within fourteen days; where necessary, this term may be prolonged by the dedicated weights and measures authority.