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Enforcement Rules of the Cultural Heritage Preservation Act CH

Announced Date: 2019-12-12
Content:
1.Announced on Feb. 22th,1984
2.Amended on Dec. 19th,2001
3.Amended on Mar. 14th,2006
4.Amended on Nov. 27th,2009
5.Amended on Jun. 15th,2010
6.Amended on Aug. 31th,2015
7.Amended on Sep. 3th,2015
8.Amended on Jul. 27th,2017
9.Amended on Dec. 12th,2019
Article 4
The remains of past human life referred to in Item 5 of Subparagraph 1 of Article 3 of the Act shall mean one of the following:
1. Cultural remains: various stone, pottery, bone, shell, wooden or metal implements produced or used by past humans; or
2. Natural and ecological remains: animals, plants, rocks, soil, or fossils related to past human habitats and environments; or
3. Human physical remains: human remains under tombs or other context relationship.
The vestiges of past human life referred to in Item 5 of Subparagraph 1 of Article 3 of the Act shall mean immobile structures or vestiges constructed or produced by various past human activities.

Article 14
The Cultural Heritage Review Committee (hereafter referred as the Committee) established by the competent authorities in accordance with Article 6 of the Act shall comply with the cultural heritage classifications by virtue of Article 3 of the Act and shall review the designation, registration, or revocation of various types of cultural heritage and other significant matters.
Prior to submitting cases of designation and registration of cultural heritage or registration and accreditation of cultural heritage preservation techniques and preservers to the Committee, the competent authorities, based on the classifications and characteristics of cultural heritage, shall establish task force to conduct heritage evaluation by taking into account of history, arts, science, and nature.
If the cultural heritages are classified as monuments, historic buildings, commemorative buildings, groups of buildings, archeological sites, historic sites, cultural landscapes, natural landscapes or natural monuments, the heritage evaluation specified in the preceding paragraph shall include the impact evaluation for future preservation, management, and conservation, as well as the scopes of designation or registration.

Article 14-1
In order to undertake cultural heritage preservation education, the matters that the competent authorities of various levels coordinate with education agencies of every level to supervise the schools of every level to implement under Article 12 of the Act shall include the following:
1. Conduct teacher training program on cultural heritage education at all levels.
2. Encourage and develop cultural heritage education courses, lesson plan design, and teaching materials compilation.
3. Combine outward bound learning program with diversified learning courses and activities.
4. Other education related to the preservation of cultural heritage.

Article 15
By virtue of Article 14 Paragraph 1, Article 43 Paragraph 1, Article 60 Paragraph 1, Article 65 Paragraph 2, Article 79 Paragraph 1, Article 89 Paragraph 1, and Article 95 Paragraph 1 of the Act, the competent authorities shall comply with the following procedures stipulated by law in the process of conducting general surveys or accepting reports from individuals or organizations on cultural heritage, or cultural heritage preservation techniques, and preservers deserving protection. The review procedures are stipulated as follows:
1. Invite experts, scholars or the Committee members of the concerned classification to conduct field surveys or interviews, and collect their opinions to produce a record of field surveys or interviews; and
2. According to the results of the field surveys or interviews as specified in the preceding subparagraph, a review meeting will be held to decide whether or not to record and trace.
Individuals or organizations submitting reports on cultural heritage or cultural heritage preservation techniques, and preservers deserving protection shall state their full name, contact information, and content and scope of the reported object in writing; Article 30 Paragraph 2 and Paragraph 3 of the Enforcement Rules shall apply mutatis mutandis to any objects deserving of the designations of antiquities under Article 65 Paragraph 2 of the Act.
When conducting field surveys under Subparagraph 1 of Paragraph 1, the competent authorities shall notify the reporting individuals or organizations, owners, users, or managers. Such notification of field surveys shall be provided seven days prior to the survey.
The competent authorities shall notify the reporting individuals or organizations, owners, users, or managers in writing regarding the decision under Subparagraph 2 of Paragraph 1. A notice indicating the public buildings and ancillary facilities to be recorded and traced shall be published on the website of the competent authorities.
The competent authorities shall set out the record-and-trace plans and conduct periodical visit by virtue of Paragraph 1.
Township or city offices shall provide assistance within their authority to county competent authorities in conducting general surveys under Paragraph 1.
The general surveys, which the competent authorities shall periodically conduct, by virtue of Article 14 Paragraph 1, Article 43 Paragraph 1, Article 60 Paragraph 1, Article 65 Paragraph 2, Article 79 Paragraph 1, Article 89 Paragraph 1 and Article 95 Paragraph 1 of the Act, shall be conducted at least once every eight years.

Article 17
The evaluation procedure for the cultural heritage value shall be conducted before the disposing of the public buildings or affiliated facilities, or the buildings or affiliated facilities that were erected on public land (hereafter collectively referred as the buildings) constructed for more than 50 years under Article 15 of the Act. The evaluation procedure is stipulated as follows:
1. The owning or managing agency (or institution) of the buildings shall notify the local competent authorities to conduct evaluations before disposition.
2. When evaluating the cultural heritage, the competent authorities shall invite professionals and scholars or the Committee members of the concerned classification to conduct field survey or interviews, collect their opinions, and produce a record of field survey or interviews.
3. The competent authorities shall produce cultural heritage evaluation reports based on the field survey or interview conclusions; and determine whether to initiate recording and tracing, review procedures of designation or registration, or take other appropriate monitoring measures according to suggestions of the reports.
The disposition referred to in Article 15 of the Act shall mean any change in property rights or addition, alteration, construction, or demolition of the building.
Cultural heritage evaluation conclusions shall be promulgated on the website of the competent authorities.
When the competent authorities conduct the cultural heritage evaluation under Paragraph 1, they may perform the evaluation on a case-by-case basis and the actual conditions, along with the procedures set forth in Article 14 and Article 60 of the Act.

Article 18
The review procedures stipulated in Article 20 Paragraph 1 of the Act shall commence on the date the competent authorities issue the field survey notice. When the competent authorities issue the notice, they shall reveal the notice and the fact that the building has become an interim monument on the site of field survey.
The competent authorities shall notify in writing to the owners, users, managers and the competent authorities in charge of the relevant affairs for that interim monument about the scope of the land on which the interim monument is erected, the period of the interim monument, and other matters set forth in Article 20 Paragraph 1 of the Act.
The preceding paragraph shall apply mutatis mutandis to the interim monument for which its prescription as an interim monument is extended under Article 20 Paragraph 3 of the Act before the expiration of the prescription.
After review by the competent authority, if the interim monument specified in Article 20 Paragraph 1 of the Act does not have the value of monuments, historic buildings, commemorative buildings, or groups of buildings, within the period specified in Paragraph 3 of the same Article, the competent authority shall notify in writing to the owners, users, managers and the competent authorities in charge of the relevant affairs. Starting from the issue date of the written notice of the competent authority, the interim monument loses its validity.

Article 29
According to Article 66 of the Act, central government agencies and their subordinate agencies (institutions), national schools, state-owned enterprises, and national cultural artifact custodian agencies (institutions)( hereafter collectively referred to as custodian agencies (institutions)) shall preliminarily sort and grade artifacts into national treasures, significant antiquities, and general antiquities in accordance with the standard specified in the Regulations Governing the Review of Classification, Designation, and Abolition of Antiquities, and report them to the central competent authority for review.
When the custodian agencies (institutions) report to the central competent authority according to the preceding Paragraph, they shall submit a list of preliminarily-graded artifacts, indicating the name, quantity, age, material, picture and the classification of preliminarily grading of the artifacts. However, those artifacts whose ages are unknown are exempt from the indication.

When the national cultural artifact custodian agencies (institutions) preliminarily grade an artifact as general antiquity in accordance with Paragraph 1, they may use their registration information of collections as the list of preliminarily-graded artifacts as specified in the preceding Paragraph.
When reporting artifacts graded as national treasures or significant antiquities in Paragraph 1 to the central competent authority for review according to Article 68 of the Act, the custodian agencies (or institutions) shall submit the following material in the catalogs:
1. Name, number, classification, and quantity of the artifacts;
2. Comprehensive descriptions of the age, creator, size, material, technique, and other comprehensive descriptions as well as sources, origins, and pictures of the artifacts;
3. Reasons for preliminary grading as national treasures and significant antiquities, criteria of grading, and related research materials; and
4. Preservation condition, management and conservation planning, and other relevant matters.
When reporting artifacts graded as general antiquities in Paragraph 1, the central competent authority may submit the review material to the competent authority at the municipality, county, or city where the custodian agencies (or institutions) are located for review; each competent authority of the municipality, county, or city may handle it according to Article 65 Paragraph 2 and Paragraph 3 of the Act.
The custodian agencies (or institutions) may either on their own or assign related research institutions, professional entities or organizations to invite scholars and experts to establish a task force to conduct the review specified in Paragraph 1.