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Human Resources Office Announcement

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 a copy of the Ministry of Personnel's Order No. 11457794281 dated January 2, 114.

Explanation:
1. In accordance with the Ministry of Personnel's Order No. 11457794282 dated January 2, 114, as submitted by the Personnel Department of the Taoyuan City Government, a copy of the original order is attached.

2. The Ministry of Personnel previously provided interpretations via email on August 18, 109, and March 2, 112, regarding the judgment standards for handmade items produced by individuals. However, due to the abstract wording, practical application has led to difficulties in definition or judgment for responsible authorities (agencies) and civil servants. After careful consideration, and in accordance with the legislative intent of Article 15, Paragraph 6 of the revised Civil Service Act (hereinafter referred to as the Act), this order reinterprets the definition of civil servants' handmade items and the criteria for selling them. The previous email interpretations of August 18, 109, and March 2, 112, are hereby superseded. The details are as follows:
(1) The term "handmade items" refers to articles personally created by an individual 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, 112, and No. 11357028451 dated May 10, 113. If the items involve "food," related matters such as packaging, labeling, advertising, and hygiene management should be registered in accordance with the Food Safety and Sanitation Act and the Good Manufacturing Practice for Food regulations.
(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, and sells handmade items at the exhibition or performance venue. Only then can it be considered as 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 posting handmade item creations on personal online platforms like Facebook or Instagram for the sole purpose of sharing creative ideas, without a regular profit-making motive or commercial operation, are not considered part-time employment under the Act's Article 15 regulations. However, if a civil servant posts information about such handmade items and does not actively engage in sales, but others inquire about purchasing or request the civil servant to make them, it should be determined in accordance with 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 may not engage in such activities repeatedly. If it involves part-time employment as permitted by law, it requires the consent of the responsible authority (agency). However, if it is an activity for social welfare or other non-regular, non-continuous work outside of statutory working hours, and does not affect the primary duties, it must be reported to the responsible authority (agency) for record.
(4) The act of civil servants 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 pricing and selling through various physical or virtual sales channels (e.g., creative markets, flea 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, nor any conflicts of interest.



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

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