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Ministry of Economic Affairs R.O.C.(Taiwan)
Laws and Regulations Retrieving System

Print Time:113.11.02 23:32

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Title: Operational Directions for Statement of Opinion in Administrative Appeal Cases of the Ministry of Economic Affairs Ch
Date: 2024.02.23
Legislative: 1.Enacted and promulgated by No.089195688 on July 4, 2000.
2.Point 12 amended by No.11310400390 on February 23, 2024.
Content: 1.These Operational Directions are formulated by this Ministry for conducting the statement of 
opinion proceedings set forth in Paragraph 2 and Paragraph 3 of Article 63 of the Administrative 
Appeal Act (hereinafter referred to as the “Act”).

2.This Ministry may, when it deems that a statement of opinion is necessary for understanding the 
merit of the administrative appeal case or improving the efficacy of administrative appeal review, 
notify the administrative appellant, the intervenor, or an interested third party to appear at an 
assigned time and place to make a statement of opinion.

3.The administrative appellant or the intervenor may file an application for statement of opinion 
with the reason in support of the application annexed thereto in accordance with Paragraph 3 of 
Article 63 of the Act.
The application for statement of opinion referred to in preceding paragraph shall set forth therein the 
name, age, domicile or place of residence, and phone number, etc. together with the reason for such 
application.

4.This Ministry may deem an application for statement of opinion lacking of good reason and deny 
it if any of the following circumstances exists:
(1)Failure to provide the reason for the administrative appeal.
(2)Failure to annex the supporting reason to the application for statement of opinion.
(3)The subject matter of the application for statement of opinion is apparently irrelevant to the merit 
of the administrative appeal case.
(4)No need for further statement of opinion since the merit of the administrative appeal case is 
already clear.
(5)The applicant makes a duplicate application after he or she failed to appear at the assigned time 
and place to make a statement of opinion without cause and did not make a legitimate request for an 
adjournment. 
(6)There exists any other circumstance similar in nature to those set forth in Article 103 of the 
Administrative Procedure Act.

5.The following persons may attend a statement of opinion proceeding:
(1)The members of the administrative appeal review committee and the relevant personnel.
(2)The administrative appellant, the intervenor, the interested third party, and their respective 
representative(s).
In the event that an administrative appeal is filed jointly by multiple appellants and a representative 
of them has been elected or appointed, the statement of opinion shall be made by the elected or 
assigned representative(s) on behalf of all administrative appellants.

6.For the purpose of conducting the statement of opinion proceeding, this Ministry shall notify the 
person making the statement of opinion to attend for the statement in writing setting forth the 
following: 
(1)The date, time and place to make the statement of opinion.
(2)The subject matter of the statement of opinion.
(3)The personal identification document, a brief setting forth the content of the statement, and other 
relevant files and evidence shall be brought to the statement of opinion.
The statement of the opinion proceeding shall take place at the time and place assigned by this 
Ministry.
If the person making the statement of opinion fails to appear at the assigned time, this Ministry may 
proceed the review regardless of such absence unless a request for an adjournment with reasonable 
ground has been made.
The request for adjournment referred to in the preceding paragraph shall be in writing or via 
facsimile transmission and must be received by this Ministry at least one day prior to the assigned 
time for the statement of opinion. Only one request for adjournment shall be allowed.

7.The person attending the statement of opinion referred to in Subparagraph 2, Paragraph 1 of Point 
5 shall present the personal identification document for inspection and examination. In the event 
such person fails to present the required documentation, or the documentation presented is 
unqualified, such person shall be requested to cure the deficiency, or be prohibited to make the 
statement of opinion if such deficiency is not cured within an appropriate period of time.

8.The time for statement of opinion shall be limited to thirty minutes. Such time may be extended if 
necessary.

9.The person attending the statement of opinion referred to in Subparagraph 2, Paragraph 1 of Point 
5 hereof may not request to record or videotape, etc. of the proceeding.  In the event of any 
improper statement or other behavior, this Ministry may suspend the statement, stop the improper 
act, or order the expulsion of such person.

10.The proceeding for statement of opinion shall be transcribed into record setting forth the date, 
time and place of the statement of opinion, the persons attending the proceeding, and the subject 
matters of the statement of opinion, etc. and be included in the dossier.

11.A statement of opinion proceeding may be merged into an oral argument and be conducted as an 
oral argument proceeding.

12.The affairs set forth in these Operational Directions shall be controlled and managed by 
Department of Economic Legal Affairs of this Ministry pursuant to this Ministry’s functional 
division of responsibilities.   

 
Data Source:Ministry of Economic Affairs R.O.C.(Taiwan) Laws and Regulations Retrieving System