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

Print Time:2024/11/23 23:58
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Chapter Law Content

Chapter IV Accounting and Finances
Article 24
The Institute ’s accounting year shall be the same as that followed by the government.
The Institute ’s system of accounting shall be determined in accorda nce with laws concerning the system of accounting to be used by administrative institutions.
The Institute ’s financial report shall be reviewed and certified by an accountant.
Article 25
On the day the Taiwan Film Institute is dissolved, its rights and d uties shall be subsumed into the Institute . The restrictions of Paragraph 1 of Article 31 of the Foundations Act shall not apply.
Government allocating funding for the Institute in the year in which it is established shall be reflected by the supervisory authority through adjustments to its original budget. The restrictions of Paragraphs 62 and 63 of the Budget Act shall not apply.
Article 26
When the Institute is established, and such that it may perform its duties, government agencies may donate, lease, or provide free of charge publicly owned property to the Institute for its use.
After the Institute’s establishment, and such that it may perform its duties, it may purchase publicly owned property. The land price shall be in accordance with the current land value. The price for improvements on the land shall be the estimated value provided for that year by the relevant revenue collection authority. Where no such estimate is available, the price shall be determined by the agency having managerial responsibility over public property.
Following the Institute’s establishment, where it is commissioned to manage publicly assets and facilities for the usage of film and audiovisual venues, government agencies may lease or provide free of charge publicly owned real property toward this end.
Following the Institute’s establishment, government agencies may lease or provide free of charge public assets aside from real property for use by the Institute in carrying out its work on collecting, using, and managing film and audiovisual heritage.
Donations as stated in Paragraph 1 and the preceding Paragraph shall not be subject to Articles 25 and 26 of the Budget Act or Articles 28 and 60 of the National Property Act.
Assets purchased by the Institute for purposes specified in connection with the budget allocated by the government shall be deemed public property.
With the exception of property that is leased or provided free of charge as in Paragraph 1, 3, and 4, and that which is deemed public property as per the preceding Paragraph, all Institute property shall be deemed free property.
For property that is leased or provided free of charge as in Paragraphs 1, 3, and 4, and that which is deemed public property as per Paragraph 6, the Institute shall register as property manager. All incomes shall accrue to the Institute as income and the restrictions of Paragraph 1 of Article 7 of the National Property Act shall not apply. The administration, usage, profits of the income, and it related regulations are formulated by the supervisory agencies.
When publicly owned property is deemed unserviceable, it shall be remanded to the custody of the agency having managerial responsibility over p ublic property.
Where the Institute has accepted a donation of publicly owned real estate, when said real estate is no longer needed by the Institute, the Institute shall return the real estate to the donating agency and shall not disposal arbiter. No penalty shall be applied.
Article 27
The budget for the Institute must be allocated by government agencies in line with legal budgetary procedures and is subject to audit and supervision.
Where the budget allocated to the Institute is more than 50 percent of all funding for the Institute in a given year, the supervisory authority shall send the budget to the Legislative Yuan for review and approval.
The Institute shall draft and submit to the supervisory authority regulations concerning the use and management of its income.
Article 28
Debts incurred by the Institute shall be limited to self liquidating loans, which shall be submitted to the supervisory authority for approval in advance. Where debts cannot be self liquidated in line with budgetary expenditures, the Institute shall review the situation and propose improvement measures to the supervisory authority for its approval.
Article 29
The Institute’s procurement procedures shall be open and fair. Except where regulations concerning treaties, agreements, or conditions concluded by the Republic of China and Article 4 of the Government Procurement Act, the Government Procurement Act shall not apply. In such cases, regulations governing procurement procedures shall be submitted to the supervisory authority for approval.
For procurement taking place under Article 4 of the Government Procurement Act, matters not provided for herein shall be governed by other applicable statutes.
Article 30
Information about the Institute shall be made public in line with the Freedom of Government Information Act. The Institute shall make public its annual financial, annual business and annual achievements reports.
The supervisory authority shall provide an analysis of the Institute ’s annual evaluation report and send it to the Legislative Yuan for its reference. Where necessary, the Legislative Yuan may request that the head of the supervisory authority bring the Chair of the Board of Directors, the Institute ’s Presi dent, or related managerial personnel to the Legislative Yuan to deliver a report on or stand for interpellation concerning the operations of the Institute.
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