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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
“Public art installation plans” as meant in these Regulations indicates projects implementing artistic creation, curation, public participation education/promotion, management and maintenance, and associated matters.
“Reviewing agency” as meant in these Regulations indicates the central government agency or government of a special municipality, county, or city convening a public art review committee.
“Review committee” as meant in these Regulations indicates the public art review committee engaged by the reviewing agency to review public art installation plans and associated matters.
“Valuation meeting” as meant in these Regulations indicates the meeting involving professionals to deliver judgments and, utilizing their familiarity with public art, help the implementing agency (organization) with establishing the most suitable price for public art.
“Permanent public art installations” as meant in these Regulations indicates those installations of public art that are not temporary.
Article 3
The review, execution, reward, 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 the installation of public art, draft and send public art installation plans for a review in accordance with the following:
1. Special municipality, county, and city governments shall review the public art installation plans of major construction projects under their purview and public buildings within their jurisdiction.
2. Central government agencies shall review the public art installation plans of major construction projects that involve two or more special municipalities, counties, or cities that are under their purview. Where no review committee has been determined, the Ministry of Culture’s review committee shall act as reviewer.
Article 5
Where special circumstances apply, public buildings and major construction projects may be relieved of the need to install public art or to reach the target for public art of one percent of the building or public construction’s cost. In such cases, where the implementing agency (organization) receives the approval of the review committee, it may remit the entire or remaining budget to the fund or dedicated account set up by the supervisory authority as described in the Act to be used for other public art or related culture and arts affairs. These funds shall be used on culture and arts affairs including the installation, management, and maintenance of public art. A priority for one-fourth of the budget shall be support for the passing on of traditional handicrafts, training of personnel, and associated matters.
The implementing agency (organization) shall, where the aforementioned entire or partial public building or public construction budget comes as the implementation of, or a subsidy from, the budget of a central government agency, deposit funds commensurate to the relevant portion of the public art budget balance which is less than one percent in a fund or dedicated account set up by the central supervisory authority as described in the Act . Excess funds shall be deposited in a fund or dedicated account set up by the local supervisory authority.
“Special circumstances” in the first paragraph indicates the following situations:
1. Where construction is related to cultural heritage;
2. Where the nature of the construction makes installing public art unsuitable;
3. Where, in accordance with Paragraph 2 of Article 32 of these Regulations, no suitable location for the public art can be determined; and
4. Other situations receiving the approval of the review committee.
Where the budget for a public art installation plan would total less than NT$500,000, the implementing agency (organization) may engage in public art education and promotion or receiving the approval of the review committee, deposit the money into the fund or dedicated account set up by the supervisory authority as described in the Act instead.
The results of the items in the first paragraph and the preceding paragraph shall be reported to the reviewing agency for its reference.
Article 6
For public buildings and major construction projects that are implemented by the central government agency and its affiliated organizations, the calculation basis of expenditures on public art installation shall be the project cost in the tender awarding price. Expenditures on public artwork installations shall be prepaid into the fund or dedicated account set up by the central supervisory authority as described in the Act within six months of the awarding of the contract, and then according to the progress of the project and public art installation within the prepayment quota. Invoices to this end are to be remitted to the aforementioned fund or dedicated account.
Article 7
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 shall request that the special municipality, county, or city where the building/construction project is situated to attend the review committee and offer opinions. With the review committee’s approval, the main structure may be deemed to qualify as public art.
The implementing agency (organization) receiving approval under the previous clause shall be exempt from implementing public art installation according to the Regulations, and when the project is finished, shall submit a final report to the Ministry of Culture and the government of the special municipality, city, or county where the building/construction project is located for reference.
Article 8
After approval is granted in accordance with Paragraph 1 of the preceding Article, the implementing agency (organization) may utilize public art funds described in Article 15 of the Act for public art-related public participation, education/promotion, promotional activities, environmental beautification, and management and maintenance They may also elect to deposit the money in the fund or dedicated account set up by a supervisory authority as described in the Act.
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.
Article 9
Local supervisory authorities that have not established a fund or dedicated account used for culture and arts shall deposit public art funds into the fund or dedicated account set up by the central supervisory authority as described in the Act.