Laws Information

法規資訊
Title: Narcotics Hazard Prevention Act
Am Date: 2017-06-14
Legislative History: According to the Presidential Decree Hua-Zong-Yi-Yi-Tzi. No. 10600080031 dated June 14, 2017, Article 36 is amended and published; Articles 2-2 and 31-1 are newly added; and shall take effect from the date of promulgation thereof.

Transaction

Amended

Article 2-2
To promote narcotics prevention works, the Ministry of Justice shall establish a fund, and the sources of the fund are as follows:
1. Issue a fund according to budget procedures.
2. Fines and seizures executed for violations of the crimes specified in this Act, appropriation from pursuing a portion of the amount gained.
3. Issue a fund from a portion of the administrative fines imposed due to violation of this Act.
4. Income gained from interests of the fund.
5. Income gained from donation.
6. Other relevant incomes.
The uses of the fund described in the preceding paragraph are as follows:
1. Subsidizing the municipality and county (city) government in handling the matters described in paragraph 1 of the preceding article.
2. Handling or subsidizing the works related to narcotics inspection, addiction treatment and research, etc.
3. Handling or subsidizing narcotics prevention education.
4. Providing or subsidizing guidance and assistance to drug users in settlement, medical treatment, education, job employment, and family supports, etc.
5. Handling or subsidizing cooperation and exchange affairs for narcotics prevention works with other countries or regions.
6. Handling or subsidizing other narcotics prevention related works.
7. Management and administrative expenditures.
8. Other relevant expenditures.

Article 31-1
To prevent narcotics hazards, the following prevention measures shall be executed at specific places of business:
1. Posting narcotics prevention information at visible area of entrances, and the content of the information shall clearly specify that persons in possession of narcotics shall be prohibited from entering.
2. Assigning a certain percentage of personnel to participate in the narcotics hazard prevention trainings.
3. Establishing the list of the responsible person and personnel.
4. Reporting to the police in case of discovery of suspected persons using or in possession of narcotics.
Where a specific place of business fails to execute one of the preventive measures specified in the preceding subparagraphs of the preceding paragraph, the municipality and county (city) government shall order the responsible person to improve within a time limit; for failure to improve beyond the time limit, the responsible person shall be fined for more than fifty thousand but less than five hundred thousand New Taiwan Dollars, and may be fined on a per violation basis; where the place is operated under a legal entity or partnership, joint penalty shall be imposed.
Where personnel of a specific place of business is aware of persons using or in possession of narcotics but failing to report to the police, the municipality, county (city) government shall impose a fine above one hundred thousand but less than one million New Taiwan Dollars on the responsible person of the place; where the place is operated under a legal entity or partnership, joint penalty shall be imposed. In the event where the violation is considered serious, the government authority in charge of the relevant enterprise may order the place to suspend its business for a period above six months but less than one year and six months or may order the place to close down.
The municipality and county (city) government shall periodically publish the list of the specific places of business discovered to have serious violations as described in the preceding paragraph for the most recent year.
The regulations governing the type of the specific places of business, the content of the narcotics prevention information and posting method, the format of the list of responsible person and personnel, the execution agency and execution procedure described in paragraph 1 shall be established by the Ministry of Justice in consultation with relevant agencies.
Article 36
This act come into force six months after its promulgation except Article 2-1, Article 27, and Article 28 amended on November 5, 2010 and Articles amended on January 23, 2015、May 26,2017 come into force from the date of promulgation;Articles amended on May 27, 2016 come into force on July 1, 2016.