民宿管理辦法

These Regulations are promulgated in accordance with paragraph 3, Article 25 of the Statute for the Development of Tourism (hereinafter referred to as the “Statute”).

The term “home stay facility” as referred to in these Regulations shall mean a lodging facility that is part of a family’s home, and provides tourists with an in-depth travel experience, that incorporates local culture, natural landscape, ecological environment, environmental resources, as well as agricultural, forestry, fishery or livestock farming activities. The goal is to allow tourists to experience local life and get to know the local people, including the home stay’s owners.

1The establishment of home stay facilities shall be limited to the following areas, and shall comply with related supervisory regulations on land use:

21.Non-urban land 2.Urban land in the following areas:

3(1)Designated scenic spots

4(2)Tourist sites

5(3)Aboriginal reservations

6(4)Remote areas

7(5)Offshore islands

8(6)Recreational farms with business registration certificates issued by the administrative authority for agriculture, or recreational agriculture areas designated by the administrative authority for agriculture.

9(7)The historic sites, historic buildings, monuments, building clusters, and buildings or facilities in cultural landscape areas which are designated or registered in accordance with the Cultural Heritage Preservation Act, has drafted the management and conservation plans or the preservation plans.

1The business operation of a home stay facility shall be at a scale of no more than 8 guest rooms, with a total floor area of no more than 240 square meters. However, a business registration certificate may be issued to a home stay facility that has an operating scale of no more than 15 guest rooms, with a total floor area of no more than 400 square meters, provided that such home stay facility is located in an indigenous area, a recreational farm with a registration certificate issued by the administrative authority for agriculture, a recreational agriculture area designated by the administrative authority for agriculture, a tourist site, a remote area, or on an offshore island.

2If a farmhouse located in an area covered by the provisions of Paragraph 1 is used as a home stay facility, the total floor area of guest rooms shall be no more than 300 square meters.

3The “remote area” as mentioned in the first paragraph shall be determined by the local administrative authority, which shall file the criteria for determination with the Ministry of Transportation and Communications for reference before implementation of such criteria. Such criteria may be modified in accordance with practical necessity.

1The building facilities of a home stay facility shall comply with the self-governance ordinance enacted by the local administrative authority based on local and building characteristics together with the local administrative authority of buildings in accordance with the Local Government Act.

2Where the local administrative authority does not enact a self-governance ordinance in accordance with the preceding paragraph, and the number of guest rooms is no more than eight, the building facilities of a home stay facility shall comply with the following provisions:

31.The inner walls and ceilings shall be of fire-resistant materials.

42.The partition walls of non-fire-safety compartments that shall have one-hour fire resistance as required by current regulations may be substituted by walls made from incombustible materials.

53.For home stay facilities that were completed before February 16th, 1974, the net width of hallways may not be less than 90 cm; if one side of the hallway is an outer wall, the width may not be less than 80 cm; and the inner wall of hallways shall be made from incombustible materials. For home stay facilities completed between February 17th, 1974 and April 18th, 1996, if the total floor area of rooms for each above-ground floor is over 200 square meters or the total floor area below ground is over 100 square meters, hallways with rooms on both sides shall have a width no less than 160 cm, and other hallways shall have a width no less than 100 cm; if the total floor area does not reach the above criteria, hallways shall have a width no less than 90 cm.

1The fire safety facilities of a home stay facility shall comply with the self-governance ordinance which is enacted by the local administrative authority based on local and building characteristics according to the Local Government Act. If the local administrative authority does not enacted a self-governance ordinance as referred to in the preceding paragraph, the fire-safety facilities of a home stay facility shall meet the following requirements:

21.Each guest room, staircase shaft, and corridor shall be equipped with emergency lights.

32.Home stay facilities shall be equipped with automatic fire-alarm systems, or each guest room shall be equipped with fire alarm.

43.No fewer than two fire extinguishers shall be securely installed in places of good visibility and accessibility. At least one fire extinguisher shall be installed on each floor in a building which has more than one floor above the ground.

5If the local administrative authority has not enacted a self-governance ordinance as referred to in the preceding paragraph, and the total floor area of the building’s first floor reaches 200 square meters or above, total floor area of the second and higher floors reaches 150 square meters or above, or total floor area of below-ground floors reaches 100 square meters or above, besides complying with the preceding paragraph, the building shall also comply with the following requirements:

6

The water heater of a home stay facility shall be installed outside the building. This does not apply to electric water heaters.

1Applications for the registration for home stay facilities shall comply with the following provisions:

21.The structure of a home stay facility shall be for residential use only. However, a farmstead may be used as a home stay facility when it is located in an area covered by the provisions of Paragraph 1, Article 4 and the operator is the owner of the farmstead and the land on which it is located.

32.A home stay facility shall be operated by a natural person who is the actual user of the building. However, an operator of a home stay facility with no more than 15 guest rooms commissioned by the local government or central administrative authority on an offshore island may be exempt from this provision.

43.A home stay facility may not be established in a communal dwelling house. However, if the applicant gains the approval of all owners and submits an application for the entire communal dwelling house, the local administrative authority may approve the application under the condition of retaining the right to revoke the home stay facility registration.

54.A guest room may not be established in a below-ground floor of a building. However, if any one of the following conditions apply, the home stay facility may be exempt from this provision if the local administrative authority and the local administrative authority of buildings determines that it does not violate building related laws and regulations:

6

1A person who conforms to any of the following conditions may not operate a home stay facility:

21.Not having complete capacity to execute legal transactions.

32.Having been convicted under the Organized Crimes Control Act, Statute for Narcotics Hazard Control, or Firearms Control Act.

43.Having been convicted under any of the following laws: Articles 22 to 31 of the Law on the Prevention of Child and Teenage Sex Trade; Article 31 to 42 of the Child and Youth Sexual Exploitation Prevention Act; the sexual assault provision of Chapter 16 of the Criminal Code; Articles 231 to 235, Articles 240 to 243, and Article 298 of the Criminal Code.

54.Being an ex-convict sentenced to imprisonment of five years or more, and having completed the sentence or been pardoned less than five years previously.

65.Having a home stay facility registration revoked by the local administrative authority in accordance with Article 18 or the Statute less than 3 years ago.

The name of a home stay facility may not be the same as that of any other home stay facility, tourist hotel, or hotel located in the same municipality, county, or township.

1Those intending to operate home stay facilities shall, before commencing operations, submit an application together with the following documents to the local administrative authority for registration, pay the required fees, and obtain a home stay registration certificate and exclusive trade symbol:

21.Application form.

32.One photocopy of the certifying document of land use classification for the premises (when the premises are located in an urban area).

43.Documentation evidencing consent for use of the premises (not required when the applicant is the owner of the premises).

54.Documentation evidencing consent for use of the building (not required when the applicant is the owner of the building).

65.One photocopy of building use permit, or documentation which can verify the legitimacy of the building use.

76.One photocopy of business liability insurance policy.

87.Photos of exterior and interior of the home stay facility, including guest rooms, bathrooms, and other business-related facilities.

1Historic sites, historic buildings, monuments, building clusters, and buildings or facilities in cultural landscape areas that are used as home stay facilities after renovation in accordance with Article 26 or 64 of the Cultural Heritage Preservation Act, or laws and orders under its authorization, are not bound by restrictions in Articles 5 and 6.

2When operators of home stay facilities that comply with the preceding paragraph and apply for registration according to the preceding article, the documentation specified in Subparagraph 5 of Paragraph 1 of the same article is not required.

1Documentation evidencing structural safety issued by an architect, civil engineer or structural engineer and a simple fire safety facility floor plan approved by the local administrative authority may be used before documentation specified in Subparagraph 5, Paragraph 1, Article 11, provided that the local administrative authority has verified there is no safety hazard and one of the following conditions apply. The situation shall be reported to the local administrative authority each year for reference, and the local administrative authority shall continue to provide guidance and management after giving its approval:

21.An indigenous person applying for the registration of a home stay facility within the tribal area of the indigenous tribe.

32.For buildings in Matsu that were unable to acquire documentation specified in Subparagraph 5, Paragraph 1, Article 11 and the local administrative authority determined it was the result of not completing land survey and registration, and the building was already listed as needing guidance before the amendment to these Regulations.

4Structural safety evaluation items in the preceding paragraph shall be determined by the local administrative authority together with the local administrative authority of buildings.

1A home stay facility registration certificate shall document the following items:

21.Name of home stay facility.

32.Address of home stay facility.

43.Name of operator of home stay facility.

54.Date of registration approval, document number, and registration certificate serial number.

65.Other items required by the administrative authority.

7The format of the application form for home stay facilities shall be stipulated by the Ministry of Transportation and Communications and printed by the local administrative authority.

8The format for exclusive trade symbols is shown in Attachment 1.

9The local administrative authority shall issue a plate with the exclusive home stay exclusive trade symbol according to the format, and specify the issuing agency and serial number; the format is shown in Attachment 2.

When reviewing an application for home stay facility registration, the local administrative authority may call in competent authorities for health, fire, building affairs, and agriculture to conduct onsite investigations.

In the event of any items needing to be submitted or corrected concerning an application for home stay facility registration, the local administrative authority shall notify the applicant in writing of the items to be submitted or corrected within a fixed deadline.

1The local administrative authority should reject an application for home stay facility registration, in written documentation stating the reasons for the rejection, in any of the following cases:

21.The required items are not submitted or corrected within the fixed period of time after notification is issued.

32.The application fails to comply with the Statute or these Regulations.

43.The application is found by other competent authorities to have failed to comply with laws or regulations.

1In the event any one of the following conditions apply to operators that already have a home stay facility registration certificate, the local administrative authority shall revoke the home stay facility registration certificate:

21.The documentation contains false information or forged documents were provided for registration.

32.The home stay facility registration certificate was acquired through fraud, threats or other improper means.

1In the event any one of the following conditions apply to operators that already have a home stay facility registration certificate, the local administrative authority shall revoke the home stay facility registration certificate:

21.Losing the right to use the land, building or facilities.

32.The building was deemed in violation of the law by the relevant administrative authority and its water was shut off, power was shut off, or the building was shut down or compulsory demolished.

43.Violating provisions on registration of home stay facility in Article 8 and failing to make improvement within the specified period.

54.Having conditions in Subparagraphs 1 to 4 of Article 9 that prohibit the operation of a home stay facility.

65.Violating the conditions attached by the local administrative authority that retained the right to revoke the home stay facility registration in the provisions of Subparagraph 3 of Article 8 or Paragraph 2 of Article 11.

1Operators that register their home stay facility in accordance with the Business Registration Act shall report it to the local administrative authority within six months after their business registration is approved.

2The person-in-charge on the business registration in the preceding paragraph must be the same as the operator, and the same shall apply to any changes.

3If the name of the home stay facility is not registered as a trademark, the name of the home stay facility shall be part of the company name used in the business registration referred to in Paragraph 1. If the name of the home stay facility is registered as a trademark, the operator shall be the trademark owner or person that authorizes its use.

4After operators complete business registration for their home stay facility in accordance with the law, the local administrative authority shall notify the local administrative authority at the place of the business registration if any one of the following conditions applies:

51.Operating a home stay facility without acquiring a home stay facility registration certificate in accordance with these Regulations, and being ordered to close down by the local administrative authority.

62.The local administrative authority revokes the home stay facility registration certificate.

1In the event of change in any of the items of a home stay facility registration, the operator shall submit the change to the local administrative authority along with an application form and pertinent documentation within 15 days after the occurrence of the change.

2The local administrative authority shall, by the 10th day of the following month, submit to the Ministry of Transportation and Communications the documentation on the establishment and change of the home stay facility.

1An operator shall pay the following fees for the home stay facility registration certificate and exclusive trade symbol plate when registering a home stay facility; the same shall apply for change of registration, reissuance, and renewal of the home stay facility registration certificate or exclusive trade symbol plate:

21.Home stay facility registration certificate: NT$1,000.

32.Exclusive trade symbol plate: NT$2,000.

4There will be no charge for registration certificate renewal or reissuance necessitated by a change of address caused by the rezoning of the administrative district or by a change in the house numbering system affecting the home stay facility in question.

In the event of any loss, destruction of, or damage to the home stay registration certificate or exclusive trade symbol, the operator shall apply to the local administrative authority for reissuance or replacement within 15 days after the occurrence of the aforesaid conditions.

1The operator of a home stay facility shall purchase a liability insurance policy with the pertinent coverage and minimum insured value as specified below:

21.Human bodily injury or death, per person: NT$2 million.

32.Human bodily injury or death caused in each incident: NT$10 million.

43.Loss of or damage to property in each incident: NT$20 million.

54.Total insured value for the insured period: NT$24 million.

6Notwithstanding the insurance coverage and the insured value mentioned in the preceding paragraph, laws and regulations promulgated by local governments shall apply when they offer more favorable terms for the protection of consumers.

7The operator shall present effective documentation of liability insurance to the local administrative authority before the current insurance period expires.

1The room rates for guest rooms in a home stay facility, as well as changes in those rates, are to be fixed by the operator and shall be reported to the local administrative authority.

2The actual charges for guest rooms shall not be higher than the rates fixed as mentioned in the preceding paragraph.

The operator of a home stay facility shall display room rates, lodgment rules, and emergency maps in highly visible and brightly lighted places in the guest rooms.

The operator of a home stay facility shall display the home stay facility registration certificate and rooms layout in a highly visible place in the lobby, and shall have the designated home stay facility logo displayed in a highly visible place outside the building.

1The operator of a home stay facility shall record information on lodgers on a daily basis, and shall keep the information for a period of six months.

2The collection, handling and use of information on lodgers in the preceding paragraph shall comply with provisions of the Personal Information Protection Act.

Upon discovering an emergency involving illness of or injury to a lodger, the operator of a home stay facility shall immediately assist in taking the lodger for medical treatment. Upon discovering the possible contraction of an epidemic disease by a lodger, the operator shall immediately notify a competent health or medical agency for proper treatment.

1The operator of a home stay facility may not engage in any of the following acts:

21.Soliciting travelers by yelling, shouting or other illicit means.

32.Forcing travelers to purchase goods.

43.Arbitrarily raising of lodgment charges or seeking of profits by illicit means.

54.Installing facilities that may violate a lodger’s privacy, or engaging in any behavior that may cause disturbance to the lodger.

65.Expanding the operation scale of a home stay facility without permission.

1The operator of a home stay facility shall:

21.Ensure the sanitation and safety of beverage and food provided in the home stay facility.

32.Maintain tidiness, cleanliness, and peacefulness within and around the home stay facility.

43.Have bedclothes of the guest rooms cleaned and replaced after each use.

54.When organizing folk cultural programs, pay due attention to protection of the natural environment, maintain cleanliness of the environment, avoid disturbance to the local community, and ensure public safety.

65.Specify the serial number of the home stay facility registration certificate in advertisements, publications, radio programs, TV, electronic signals, computer networks or other media.

1The operator of home stay facility shall report to the local police station upon discovering any of the following conditions pertaining to a lodger:

21.Suspicion of jeopardizing national security.

32.Carrying of guns and weapons, dangerous goods, or other prohibited goods.

43.Consumption of addictive drugs or other narcotics.

54.Showing of sings of committing suicide, or being dead.

65.Making of loud noises, participating in group gambling, or engaging in other behavior that causes a disturbance to the public or violates public order or good social morals, and refusing to follow persuasion to desist.

76.Forcible taking of lodgment without presenting proper identification documentation, or refusing to register for the lodgment.

87.Posing of a treat to public safety or arousing suspicion of having committed other crimes.

1The operator of a home stay facility shall submit to the local administrative authority statistical data, conforming to the required format, on occupancy ratios, number of lodgers, revenues, and so on for the latest six months, by the end of January and July each year.

2The local administrative authority shall submit the data mentioned in the preceding paragraph to the Ministry of Transportation and Communications by the end of the following month.

The operator of a home stay facility shall take orientation and training courses on home stay facility management organized by the administrative authority itself, or by related agencies or organizations commissioned by the administrative authority.

1The administrative authority or the competent authority for related matters may award or acknowledge the operator of a home stay facility who meets one of the following conditions:

21.Having made special contributions to national honor or social order.

32.Having performed in an outstanding manner in fostering international friendship through participation in international promotional campaigns.

43.Having outstanding performance in promoting the tourism industry.

54.Having an excellent record in improving service quality.

65.Having been recognized by lodgers for excellent hospitality services or good service practices.

76.Having made special contributions to the promotion of culture, quality of life, and the tourism industry in the local community.

87.Having evidenced other good conduct or practices deserving commendation.

1The administrative authority may send authorized personnel with proper identification documentation to visit and inspect a home stay facility.

2The visits and inspections referred to in the preceding paragraph may be conducted on a regular or an irregular basis.

3The building management and fire safety facilities, operating hygiene, safety protection and other affairs shall be inspected by the relevant administrative authority in accordance with relevant laws and regulations. In the event any non-complying items are found, the relevant administrative authority shall handle it in accordance with relevant laws and regulations.

4Inspections in the two paragraphs above may be jointly conducted.

5The operator of a home stay facility shall offer active cooperation and necessary assistance regarding inspection by the administrative authority.

For the purpose of improving performance in the supervision of home stay facilities, the Ministry of Transportation and Communications may conduct regular or irregular supervisory evaluations of the local administrative authorities.

1The operator of a home stay facility who intends to suspend operations or business for more than one month or longer shall submit an application detailing the reasons to the administrative authorities within 15 days prior to the suspension.

2An application as described above may not be made for a suspension of operation or business in excess of one year. An operator may apply, with reasonable justification, for extension of suspension for one year at most. The application for extension should be filed within the final 15 days of the original period of suspension.

3After the suspension period expires, the operator should file for business resumption with the administrative authority within 15 days.

4In the event that an operator fails to file the report in accordance with the first paragraph of this Article or to apply for business resumption in accordance with the third paragraph for more than six months, the authority may revoke the registration certificate of the business.

5If an operator cannot continue to operate a home stay facility due to certain facts or legal reasons, the operator shall return the home stay facility registration certificate and exclusive trade symbol plate within 15 days after the occurrence of the facts or administrative penalty is delivered. If the operator does not return the home stay facility registration certificate and exclusive trade symbol plate before the deadline, the local administrative authority may directly announce the cancellation of the home stay facility’s registration. However, this does not apply to home stay facilities suspended in accordance with to paragraph 1.

1The Ministry of Transportation and Communications may commission the Tourism Administration to carry out the following affairs:

21.Specify the format of home stay facility registration certificates in accordance with Paragraph 2 of Article 14.

32.Receiving data from local administrative authorities in accordance with Paragraph 2 of Article 21 and Paragraph 2 of Article 33.

43.Organize by itself or commission related agencies and organizations to provide guidance and training in accordance with Article 34.

54.Reward or commend home stay facility operators in accordance with Article 35.

65.Entering home stay facilities for visits and regularly or irregularly inspecting home stay facilities in accordance with Article 36.

76.Regularly or irregularly supervising or evaluating local administrative authorities in accordance with Article 37.

These Regulations shall become effective on the date of their publication.