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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 22:03
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Chapter Law Content

Chapter I General provisions
Article 1
These Regulations are drafted in accordance with Paragraph 5 of Article 15 of the Culture and the Arts Reward and Promotion Act (henceforth, “the Act”).
Article 2
Definitions:
1. public art installation plans: indicates projects addressing artistic creation, aesthetics cultivation, artistic experiences, art projects, environmental aesthetics, curation, public participation, education/promotion, management and maintenance, and associated matters.
2. reviewing agency: the public art review committee of a central government agency or of a special municipality, county, or city government.
3. review committee: the organization established by the reviewing agency to review public art installation plans (obviating the need for applications to install public art) and engage in other affairs.
4. valuation committee: the committee composed of professionals who render judgments and, with their familiarity with public art, help the implementing agency (organization) establish appropriate valuations of public art pieces;
5. permanent public art installations: art installations that are not temporary in nature.
Article 3
The review, implementation, granting of awards, and other matters concerning public art installation plans shall be implemented in accordance with these Regulations.
Article 4
The implementing agency (organization) shall, when implementing public art installation plans, submit said plans to the following:
1. special municipality, county, and city governments (for public art installation plans for major construction projects and public buildings within their jurisdiction); or
2. central government agencies (for public art installation plans at public buildings and major construction projects that straddle the jurisdictions of two or more special municipalities, counties, or cities). These shall invite local governments concerned to send representatives. Where a local government has not established a public art review committee, the Ministry of Culture’s review committee shall perform the review.
The installation of public art shall be conducted in line with these Regulations, with the assent of the review committee and the approval of the reviewing agency.
Article 5
Where any of the following applies, the implementing agency (organization) shall draft an application form and, with the assent of the reviewing agency and the review committee, transfer all or a portion of budgeted monies to the fund or dedicated account set up by the relevant supervisory agency for use in supporting overall plans for public art installations or for related cultural and arts matters:
1. where there is a special purpose for a public building or major construction project; or
2. where the funds allocated for public art have not reached one percent of the budget for the building or public construction.
“Special purpose” as above indicates:
a. construction related to cultural heritage;
b. the nature of the construction makes installing public art unsuitable, such as where the site is not open to the public or where there are security considerations;
c. the construction is of a sensitive nature being related to national defense; or
d. other situations approved of by the review committee.
Article 6
Where the design of the main structure of a public building or major construction project is in keeping with the spirit of public art, the implementing agency (organization) may submit related engineering drawings, explanatory papers, models, or computer design files used to obtain the review certificate, as well as an explanation of how the public art budget will be used, to the Ministry of Culture’s review committee and request that the special municipality, county, or city where the building/construction project is situated to send a representative the review committee meeting to offer opinions. With the review committee’s approval, the main structure may be deemed to qualify as public art.
Where such approval is granted, the implementing agency (organization) shall be exempted from installing public art. In such cases, the budget for public art prepared in conjunction with the project may be instead used for public participation, extension education, promotional work, environmental beautification, or continuing management and maintenance. Application may also be made to have the budgeted funds remitted to the fund or dedicated account belonging to a supervisory organization at any level. One-fifth of the aforementioned public art funds, to a maximum of NT$5 million, may be used as prize money for engineering technical services.
After a project has been completed, the implementing agency (organization) shall present a final report to the Ministry of Culture and the relevant special municipality, county, or city with jurisdiction over the site.
Article 7
Where a local supervisory agency has not established a fund or dedicated account for culture and the arts, the implementing agency (organization) shall remit public art funds to the fund or dedicated account established by the central supervisory authority.
Article 8
Supervisory agencies shall invite public art professionals or others with relevant experience to convene a public art advisory group to assist implementing agencies (organizations) with the installation of public art, extension education, public participation, management and maintenance, and related efforts or to demonstrate how to implement public art installation plans.
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