These Regulations have been drafted pursuant to Article 5, Paragraph 2 of the Tourism Development Act.
The corporations referred to in these Regulations are juristic persons established in accordance with law for the purpose engaging in tourism-related public interest services such as international tourism marketing, market promotion, and market information collection.
The Ministry of Transportation and Communications has appointed the Tourism Bureau to commission corporations to perform services including international tourism marketing, market promotion, and market information collection, etc. The Tourism Bureau may commission a corporation to perform the foregoing services. The act of commissioning shall be implemented by means of a written contract. The Tourism Bureau shall pay funds needed for the foregoing commissioned services. However, both parties must also abide by any additional agreements between them. In connection with foregoing items one and two, items of appointment or commissioning and legal basis shall be publicly announced, and published in a government bulletin or newspaper.
Those commissioned corporations in the foregoing article shall have the following qualifications:
1.The groups must have at least two consecutive years of experience performing international tourism marketing, market promotion, and market information collection, etc., and must have displayed good performance.
2.A senior executive of the group must have at least two consecutive years of experience implementing international tourism organization activities, international conferences, travel exhibitions, conference travel, or marketing and promotion, etc., and must have displayed good performance.
A corporation that has committed serious contract violations while performing commissioned international tourism marketing and promotion services during the most recent two years may not participate in the Tourism Bureau's selection process. Similarly, a corporation may not participate in the selection process if the statutory responsible person, director, secretary general (superintendent) or senior executive of said group has been involved in either one of the following circumstances:
1.Has committed fraud, breach of faith, or embezzlement, and has been sentenced to imprisonment for at least one year; and less than two years have passed since the completion of the sentence.
2.Has committed an offense of corruption or malfeasance, and has been sentenced to punishment; and less than three years have passed since the completion of the sentence.
The Tourism Bureau shall generally select corporations to perform commissioned services by means of an open selection process, and shall announce the following items:
1.Scope of commissioned services
2.Time period of commissioned services
3.Application qualifications and procedures
4.Selection and assessment method
5.Documents to be attached by selection applicants
A corporation wishing to apply for selection to perform international tourism marketing, market promotion, and market information collection under commission shall submit the following documents to the Tourism Bureau for review and approval:
1.A photocopy of the group's nonprofit registration certificate
2.A photocopy of the group's constitution
3.Commissioned service implementation plan
5.Relevant documents proving work experience and results of tourism-related service work
The Tourism Bureau may engage the services of five to twelve scholars, specialists, or representatives of the Tourism Bureau to serve on a selection committee responsible for evaluating corporations seeking to perform commissioned services. The Tourism Bureau shall designate a chairman to preside over committee meetings, and shall convene meetings. When the chairman cannot attend a meeting, the Tourism Bureau may designate a person from the committee to serve in his or her stead. Resolutions shall be considered passed when at least two-thirds of committee members are present at the foregoing meetings and more than one-half of the attending members give their approval.
After a corporation has been selected, it must sign a commissioning contract with the Tourism Bureau before the deadline designated in the announcement documents for the selection process. Those corporations which fail to sign a contract before the deadline shall be considered to relinquish their qualifications, and may not participate in a Tourism Bureau commissioned service selection process for one year. However, this restriction shall not apply if a corporation is unable to sign before the deadline for some reason not attributable to said corporation; the corporation must then request the Tourism Bureau to additionally designate an appropriate deadline, and complete contract signing for that deadline.
The commissioning contract in the foregoing article shall state the following:
1.Commissioned service work items and their scope
2.Designated commissioned work expenses and payment terms
3.Commissioned work timetable and performance period
4.Commissioned work performance management
5.Commissioned work results acceptance and performance assessment
6.Handling of contract violations
7.Rights and responsibilities with regard to the commissioned work
A commissioned corporation must report on the progress of commissioned services and submit an explanation of implementation and results reports to the Tourism Bureau at the beginning, middle, and end of the implementation period. The foregoing results reports shall include activity benefits, market analysis, review reports, activity press releases and newspaper clippings, activity photos, and detailed breakdowns of activity receipts and expenditures.
The Tourism Bureau may send personnel to inspect a corporation's implementation of commissioned services and use of commissioned funds, and may ask the group to provide relevant data; the corporation may not refuse or obstruct the Tourism Bureau's requests, nor attempt to conceal information.
These Regulations shall take effect on the date of promulgation.