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Title: Library Act CH
Amended Date: 2015-02-04
Category: Ministry of Education(教育部)
Article 1
This law was formulated to facilitate the growth of public libraries and enable them to serve as sources of comprehensive information used to support education, cultural development, academic research, and life-time learning. Details that are not addressed in this law shall be governed by other relevant laws where applicable.
Article 2
Libraries as named in this law refer specifically to facilities created for the purpose of collecting, organizing preserving, and producing published information for use by the general public or other designated parties.
The aforementioned term "published information" includes books, periodicals, newspapers, audio and visual recordings, digital media, and Internet resources.
Article 3
The "designated authorities" mentioned in this law refer to the Ministry of Education at the central government level; municipal governments at the municipal level; and the county (city) governments at the respective county (city) level.
Article 4
Government and academic institutions (organizations) shall establish libraries where needed, or encourage individuals, corporate entities, and/or non-profit organizations to do so.
Libraries shall be classified into the following categories based on their founders, target audience, and purposes:
1. National libraries: refers to libraries founded by the central government which mainly serve government institutions, corporate entities, non-profit organizations, and researchers. They gather and organize a nationwide collection of published information; their existence helps preserve culture; facilitates academic research; and guides the development of all other categories of libraries.
2. Public libraries: refers to libraries founded by other designated authorities, local township/city offices, individuals, corporate entities, or non-profit organizations which mainly serve the local community. In addition to housing published information, public libraries also serve to promote lifelong learning and organize educational and cultural activities, including reading.
3. College libraries: refers to libraries founded by various colleges which mainly serve their own instructors and students. College libraries support academic research, teaching activities, and promote knowledge within their respective institutions, and are open to the public to a certain extent.
4. School libraries: refers to libraries founded by schools of primary and secondary educational institutions which mainly serve school teachers and students. School libraries offer the resources needed to facilitate teaching and learning, while its existence also helps educate the use of library resources.
5. Special-purpose libraries: refers to libraries founded by government institutions, individuals, corporate entities, or non-profit organizations which mainly serve their own employees or certain interest groups. These libraries gather and offer published information relating to particular themes or topics.
Article 5
The foundation, organization, qualification of professional personnel, expenditure, collection development, facilities, operation management and service promotion as well as other proceedingsfor all libraries shall be stipulated by the central competent authority.
Article 6
The methods used for classifying, indexing, filing, and searching published information shall be developed by a national library, a professional corporation, or a non-profit organization appointed by the central designated authority.
Article 7
All libraries shall provide their target audience with fair, unrestricted, timely, and convenience accesses to published information.
The services offered above are subject to compliance with the Copyright Act and to the rules of usage imposed by the respective libraries.
Article 8
Libraries may develop policies to outline users' rights and obligations in reading, referencing, searching, and transferring published information.
Article 9
Services offered by libraries include: interviewing, indexing, collection, review, referencing, searching, and transferring of published information; promotion of library use, inter-library collaboration, convenience for special readers (such as persons with visual, hearing, learning, and reading disabilities), and exchanges of publications; creation, maintenance, and development of library information network and database.
Regulations of collection, transfer, provision and technique specifications of special format materials for persons with disabilities described in the previous paragraph shall be stipulated by the central competent authority.
Each library shall adequately budget for the services described in paragraph one.
Article 10
Each library shall be managed by one curator, director, or administrator, and may engage specialists to deliver the above services.
The curator, director, or administrator of a public library must be chaired by person of adequate professional capacity.
In the case of public libraries, the personnel described in paragraph one shall be appointed according to the Civil Service Employment Act, and the Act of Governing the Appointment of Educators or other acts wherever applicable.
Article 11
Designated authorities may assemble advisory committees to plan, coordinate and facilitate the development of various libraries under their governance.
Any gender shall be no less than one third of the advisory committee members described above.
Article 12
Libraries of various categories may collaborate, form alliances, and develop integrated information networks to enhance the collection, management, and use of published information.
Article 13
Libraries may loan, exchange, or gift resources with each other to achieve more effective sharing of information.
Article 14
Libraries may, to a maximum of 3% of their total collection each year, write-off publications that are damaged, destroyed, obsolete, or rendered unusable.
Article 15
For the purpose of preserving nationwide publications, national libraries have been legally appointed as collectors of all domestic publications.
For any publication mentioned in Article 2, paragraph 2, the publisher, whether it is a government institution, school, individual, corporate entity, or non-profit organization, shall, at the time of publication, provide one copy to the national library and to the Parliamentary Library, Legislative Yuan. Government publications, however, are governed by other relevant laws.
The central competent authority shall encourage the publishers described above to deposit their publications with the National Librarian.
Article 16
The central competent authority shall establish a guidance system to support library development.
Article 17
The designated authorities shall conduct regular performance evaluations of the libraries under their governance. Rewards and/or subsidies shall be given to the top-performers, while improvements are to be demanded from those with undesirable performance.
Article 18
The national library may impose fine(s) totaling 10 times the retail price of a publication if the publisher violates Article 15, Paragraph 2 of this act and fails to submit a copy of the publication within the timeframe designated by the national library. Fine(s) may be imposed continuously until a copy is submitted.
Article 19
Article 20
This act shall be effective from the date of promulgation.