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Chapter Law Content

Title: Architects Act CH
Category: Ministry of the Interior(內政部)
Chapter IV Professional Associations
Article 28
An architect who is not a member of the county/city architects association organized in his/her chosen area of practice after acquiring the necessary business practice license will not be authorized to run a practice. On the other hand, architects associations are not entitled to refuse or deny the membership application of a duly licensed architect.
An architect who has already joined the provincial architects association before the amendment to provisions of this Act on December 11th, 2009 takes effect, may continue to practice for two years starting on the date the amendment takes effect. Upon the end of the two-year term, the said architect should joint the county/city architects association of the county/city he/she is registered in. In the event an architects association was not organized in the county/city the said architect is registered in, the said architect may join the architects association of a neighboring county/city. The original provincial architects association should be dissolved within a year after the two-year term ends.
Municipality and county/city architects associations should submit membership data to the national association of architects for registration and reference purposes.
The number of municipality and county/city architects associations that practicing architects in Paragraph 1 may join is limited to one.
Article 28-1
Regulations to facilitate the development of architects associations in Jinmen and Mazu areas and Penghu county are as follows:
1.Architects with business practice licenses may join architects association in Jinmen and Mazu areas or Penghu county and are not under limitations of Paragraph 4 of the preceding Article. An architect may not practice in Jinmen and Mazu areas or Penghu county unless he/she joins the architects association organized in the respective area. However, this rule does not apply if an architects association was not organized.
2.An architect with a business practice license issued in Jinmen and Mazu areas or Penghu county may join a municipality or county/city architects association of the main island of Taiwan, but limited to one.
The original Fujian provincial architects association should be restructured to architects association in Jinmen and Mazu areas, and governed by the local government where it is organized.
Article 29
The architects association should be organized within a municipality or county/city. Moreover, the architects associations should organize a national association of architects at the place where the central government offices are located. However, the national association of architects may be located at other places with permission from the central competent authority.
Article 30
An architects association should be organized in the municipality or county/city where nine or more practicing architects are registered. Where practicing architects registered in a municipality or county/city is less than nine (exclusive) in number, the practicing architects of the municipality or county/city should join the architects association of a neighboring municipality or county/city, or jointly organize an architects association with a neighboring municipality or county/city.
The number of architects associations organized or jointly organized at the same administrative level within the same administrative area is limited to one.
Article 31
The national association of architects should be jointly organized by the municipality and county/city architects associations.
Municipality, county/city architects associations should join the national association of architects within six months after they are organized. The national association of architects may not refuse or deny the membership application of an architects association.
Article 31-1
The National Union of Architects Association, R.O.C., which was organized before the amendment on December 11th, 2009, should be restructured into the national association of architects in accordance with this Act within two years after the amendment takes effect. County/city offices of the National Union of Architects Association, R.O.C. should be adjusted, restructured or merged into municipality, county/city architects associations within three years after the amendment takes effect; municipality offices should be adjusted, restructured or merged into the respective municipality architects association.
The following regulations are applicable to property transfer resulting from adjustments or restructuring mentioned in the Paragraph 2 of Article 28-1 and preceding paragraph:
1.Deeds and certificates are exempted from stamp tax.
2.Transfer of securities is exempted from securities transaction tax.
3.Transfer of goods or labor is not in the scope of sales tax.
4.Transfer of real estate is exempted from deed tax and land value increment tax. However, for a subsequent land transfer, land value increment tax will be calculated based on the original land value before the adjustment or restructuring.
Article 32
The government authority governing architects association is the social administration authority.
However, the objective undertakings of such associations are subject to the direction and supervision of the government authority governing architectural undertakings.
Article 33
Article 33 The board of directors and supervisors of the architects association should be duly elected to office during a general members meeting; the size of each board shall be as follows:
1.The directors of an architects association should not exceed the maximum of twenty-five persons; supervisors should not exceed the maximum of seven persons.
2.The board of directors of a national association of architects should not exceed the maximum of thirty-five persons; supervisors should not exceed the maximum of eleven persons.
3.The number of alternate directors and supervisors should not exceed 50% of the total number of directors or supervisors composing the board.
The aforementioned directors and supervisors shall have a term of office of three years; term of office is subject to extension upon re-election for a maximum term of six years.
Article 34
The architects association is required to hold a general members meeting at least once a year, and hold an emergency general members meeting whenever circumstances require. An emergency general members meeting may be called upon the request of at least 20% of the total association members.
At least 50% of association members must be present for the general members meeting to commence. However, this rule does not apply if the articles of incorporation of an architects association stipulate otherwise.
Association members should attend general members meetings held in accordance with the preceding provision in person. Association members may not appoint an attorney to represent them in such meetings.
Article 35
The architects association should define its articles of incorporation, prepare a simple roster of members and list of association employees. The architects association should apply for the approval of the competent authority under which the association is registered, and report to competent government authorities on architectural affairs for record purposes.
Article 36
The articles of incorporation of the architects association should require the following matters in its provisions:
1.The name, area and the office location of the association.
2.The principles, organization and objectives of the association.
3.Membership admission and withdrawal conditions and procedures.
4.Rights and obligations of members.
5.The number, authorities, terms of office, election and impeachment of the directors, supervisors, alternate directors and alternate supervisors.
6.Meeting matters.
7.Pacts for the observance of its members.
8.The organization of the architect disciplinary committee and the methods for the maintenance of discipline and ethics.
9.The membership fees, budgets and accounting matters.
10.Other matters necessary to the administration of association affairs.
The articles of incorporation of municipality and county/city architects associations shall not violate the articles of incorporation of the national association of architects.
The articles of incorporation of the national association of architects should provide contact and negotiation matters with municipality and county/city architects associations.
Article 37
The architects association should define the standards and regulations governing the practices of architects. Such provisions should clearly define the scope of practices, compensation or fee standards, as well as the obligations and responsibilities of the architects.
The resolution of the general members meeting is necessary to establish the regulations governing the practices of architects stated in the preceding paragraph. Where the association is located in a special municipality, such regulations should be reported to the local government authority governing architectural affairs and thereafter submitted to the evaluation and approval of the Ministry of the Interior. Where the association is located in a province, such regulations should be directly reported to the evaluation and approval of the Ministry of the Interior
Article 38
The social administration authority and government authority governing architectural affairs in the locality where the architects association is located should respectively appoint representatives to attend and guide the general members meetings and the board meetings of directors and supervisors of the architects association. Moreover said authorities should read the related meeting minutes of the association.
Article 39
The architects association is required to submit the following to the social administration authority and competent government authority governing architectural affairs of the locality where association is located:
1.Articles of incorporation of the architects association;
2.Roster of members and the membership admission and withdrawal related matters;
3.Full names of the director and supervisor election candidates and the developments of the director and supervisor elections;
4.Dates, time, venue and developments of the general members meetings, board of directors meetings and board of supervisor meetings; and
5.Meeting proposals and resolutions.
The matters required for reporting in the preceding paragraph are to be submitted to the local social administration authority, and thereafter forwarded to the Ministry of the Interior for evaluation and approval.
Article 40
Where the architects association violating laws and regulations or the articles of incorporation of the architects association, the competent social administration authority may institute the following disciplinary actions:
1.Warning
2.Revocation of meeting resolution
3.Re-election of officers
The disciplinary actions provided in subparagraphs 1 and 2 may instituted by the government authority governing architectural affairs.