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Announcement Compilation

For your information, regarding the Ministry of Personnel's Order No. 11457794281 dated January 2, 114 (concerning the definition of civil servants' handmade products and the criteria for determining whether they can be sold).

{{ $t('FEZ002') }} Personnel Office|

Attached is one copy of the Ministry of Personnel's Order No. 11457794281 dated January 2, 2025.

Explanation:
1. In accordance with the Ministry of Personnel's Order No. 11457794282 dated January 2, 2025, as submitted by the Personnel Department of the Taoyuan City Government, and attached is one copy of the original order.

2. The Ministry of Personnel previously provided interpretations via email on August 18, 2020, and March 2, 2023, regarding the judgment standards for handmade items produced by individuals. However, due to the abstract wording, practical operations have led to difficulties in definition or judgment by responsible authorities (agencies) and civil servants. After careful consideration, the Ministry has reissued this order based on the legislative intent of Article 15, Paragraph 6 of the revised Civil Service Act (hereinafter referred to as the Act), concerning the definition of civil servants' handmade items and whether they can be sold. The email interpretations from August 18, 2020, and March 2, 2023, are hereby superseded. The details are as follows:
(1) The term "handmade items" as used above refers to items that an individual personally creates using their own knowledge and skills, either purely by hand or with the aid of tools, and which do not involve employing others for production, mass production by machinery, or factory-based manufacturing and sales. However, if such handmade items involve "licensed professions" as stipulated in Article 15, Paragraph 2 of the Act, or "intellectual property rights" as stipulated in Article 15, Paragraph 6 of the Act, they must still be handled in accordance with the Act and the Ministry's Orders No. 11255291301 dated January 19, 2023, and 11357028451 dated May 10, 2024. If the items involve "food," related matters such as packaging, labeling, advertising management, and hygiene management should be handled in accordance with the regulations of the Food Safety and Sanitation Act and the Good Manufacturing Practice for Food Regulations, including registration.
(2) "Personal talent and skill performance" as stipulated in Article 15, Paragraph 6 of the Act, if it involves the creation of handmade items, must be where a civil servant demonstrates their skills through exhibition, creation, or artistic performance activities, and sells the handmade items at the exhibition or performance event. Only then can it be considered personal talent and skill performance for which appropriate remuneration may be obtained, in accordance with the said paragraph.
(3) Situations not falling under the aforementioned (2), such as simply sharing personal handmade item creation concepts on personal online platforms like Facebook or Instagram, without a regular profit-making nature or commercial operation, are not considered within the scope of part-time employment regulations under Article 15 of the Act. However, if a civil servant posts information about such handmade items and does not actively engage in sales, but others independently inquire about purchasing or request the civil servant to make them, it should still be judged according to the provision of "other repetitive engagement in the same type of business" in Article 15, Paragraph 2 of the Act. Except as otherwise provided by law, civil servants shall not engage in such activities repeatedly. If engaging in such activities is permitted by law, it requires the consent of the responsible authority (agency). However, if the activities are social welfare activities or other non-regular, non-continuous work outside of statutory working hours, and do not affect the primary duties, they must be reported to the responsible authority (agency) for record.
(4) The acts of civil servants in producing and selling handmade items must not violate the provisions of Article 14, Paragraph 1 of the Act regarding engaging in commercial business, including employing others, factory-based manufacturing and sales, endorsement, advertising, or direct pricing and sales through various physical or virtual sales channels (e.g., booths at markets, Shopee, pinkoi). Furthermore, in accordance with Article 15, Paragraph 7 of the Act, there should be no actions that harm the reputation of civil servants, the credibility of the government, or the nature of their primary duties, or that create conflicts of interest.



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{{ $t('FEZ004') }} 2025-01-14|

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