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Chapter
I General Principles
Article 1
This Act is hereby drafted to establish the Taiwan Film and Audiovisual Institute
(henceforth, “the Institute ”) to preserve the nation’s film and audiovisual tangible
heritage and promote and advance the development of film and audiovisual cul-
ture.
Article 2
The Institute shall be an administrative juridical person, the supervisory authority
of which shall be the Ministry of Culture.
Article 3
The scope of business of the Institute shall include:
1. The restoration, archiving, exhibition/screening, repurposing, and marketing of
film and audiovisual heritage;
2. P roviding grants for, promoting, and engaging in international exchanges on
education on fi lm and audiovisual heritage;
3. C ollecting, collating, analyzing, and conducting research on documents and
historical archives relating to film and audiovisual heritage;
4. M anaging the Institute and its facilities and venues for film and audiovisual
heritage;
5. A ssist ing with the government’s promotion of film and audiovisual heritage
related activities;
6. Overseeing commissioned management of film and audiovisual heritage
related facilities and venues;
7. Publishing periodicals that promote the nation’s film and audi ovisual heritage
internationally ; and
8. Other work related to film and audiovisual heritage.
Article 4
The Institute shall draw on the following funding resources:
1. Grants and donations from the government;
2. Donations from domestic and overseas public or private institutions, groups, or
individuals;
3. Revenue from commissioned research and provision of services;
4. Operating revenue; and
5. Other revenue.
Donations received as in Subparagraph 2 shall be deemed a donation to the gov-
ernment.
Article 5
The Institute ’s Charter, personnel management, accounting method, internal con-
trols, audit procedures, and other regulations shall, after being approved of by its
Board of Directors, be submitted to the supervising authority for its reference.
Public business to be condu cted by the Institute shall be determined by its Board
of Directors and reported to the supervising authority and shall not contravene re-
lated current laws or regulations.
Chapter II Organization
Article 6
The Institute ’s Board of Directors shall consist of between 11 and 15 members.
The appointment and dismissal of Directors shall be conducted by the superviso-
ry authority and approved of by the Premier. Board members shall be selected
from among the following:
1. Representatives of related government agencies;
2. Scholars and experts in the areas of film, television, and broadcasting; and
3. Experts in the areas of law, finance, and marketing management or persons
who have made great contributions to or achievements with cultural content;
The number of Directors chosen from Subparagraph 1 shall not account for less
than one third of all Directors.
The number of Directors of each gender drawn from Subparagraph 1 shall be no
less than one third the total number of Directors.
Article 7
The Institute ’s Board of Super visors shall consist of between three and five
members. The hiring and dismissal of Supervisors shall be conducted by the su-
pervisory authority and approved of by the Premier. Board members shall be se-
lected from among the following:
1. Representatives of rel ated government agencies; and
2. Persons with expertise in accounting, financial auditing, auditing, law, or man-
agement.
Supervisors shall select one of their members to serve as Executive Supervisor.
The number of Supervisors of each gender drawn from Subpar agraph 1 shall be
no less than one third the total number of Supervisors.
Article 8
The appointment for both Directors and Supervisors shall be for a period of three
years and may be renewed once. The number of those serving a second term,
however, shall not exceed two thirds the number of Directors or Supervisors and
shall not be less than one third.
Directors and Supervisors representing government agencies shall be properly
seconded and shall not be term limited. In accordance with Subparagraph 2 and 3
of Paragraph 1 of Article 6 and Subparagraph 2 of Paragraph 1 of the preceding
Article , Directors and Supervisors who resign their posts prior to their term’s
piry shall have replacements selected by the supervisory authority and approved
by the Premier for a term coterminous with that of the original holder of the posi-
tion.
Article 9
A person to whom any of the following circumstances applies may not be hired
as a Director or Supervisor:
1. A guardianship statement or supplementary statement remains in fo rce;
2. A conviction mandating imprisonment has been handed down and probation
not yet granted;
3. A bankruptcy declaration has been filed, or where in accordance with the Con-
sumer Debt Clearance Act a judge has mandated the debt clearance process
begin, but whe re rig hts have not ye t been restored; or
4. Civil rights have been taken away and not yet restored;
Where any of the preceding is found to apply to a Director or Supervisor, he or
she shall be removed. Directors or Supervisors who are absent from a board meet-
ing three times shall be removed.
A Director or Supervisor to whom any of the following circumstances applies
may be removed:
1. Proven immoral behavior detrimental to the image of the Institute;
2. Where work has been performed unsatisfactorily or duties have been neglected
so as to seriously infringe upon the terms of employment;
3. Where the Institute has not met the standards laid out by the supervising au-
thority for its annual performance review two years in a row;
4. Where there has been a proven con travention of the Civil Service Administra-
tive Neutrality Act;
5. Where there has been proven lobbying or favors concerning matters under the
individual’s purview, or where an individual has used his/her official capacity to
accept entertainment, meals, or gifts such that the public interest or the interests
of the Institute have been harmed;
6. Where it is proven that the Institute ’s property has been used for other than of-
ficial use;
7. Where it is proven that an individual has not abided by the stipulati ons of this
act concerning recusal in a case of conflict of interest, or the stipulations of Para-
graph 1 of Article 18 forbidding contractual relationships; or
8. Other conduct unbecoming a Director or Supervisor.
For any of these situations, the supervisory authority shall give the accused the
opportunity to state his/her opinions and appeal the charges.
Regulations concerning the Institute ’s selection and removal of new members
and replacement members, as well as related matters, shall be drafted by the su-
pervisory authority.
Article 10
The Institute shall have one Chair of the Board of Directors who shall be selected
by the supervisory authority from among the Directors and approved by the
Premier. The removal of the Chair shall follow the same process.
Regulations concerning the Institute ’s selection and removal of Chairs and re-
placement Chairs , as well as related matters, shall be drafted by the supervisory
authority.
The Chair shall be in charge of the Institute , and serve as its representative. When
a Chair is unable to perform his/her duties, he/she may appoint another Director
to serve in his/her stead. Where no selection is made, the Directors shall appoint
one of their own to serve as Acting Chair.
No person having attained 65 years of age may take on the position of Chair . In
the year in which a Chair attains the age of 70, he/she shall step down and be re-
placed. This stipulation shall not apply where special circumstances apply and the
Executive Yuan has given approval.
Article 11
The Board of Directors shall:
1. Review and approve development goals and plans;
2. Review and approve the establ ishment of branch organizations;
3. Review and approve annual work plans;
4. Review and approve the annual budget, final accounts , and goals;
5. Review a nd approve the Institute ’s Charter;
6. Review and approv e the apportionment and other usage of real estate and in-
tangible assets of the Institute;
7. Review and approv e items stipulated in this Act as needing Board approval
8. Appoint and dismiss the Ins titute ’s President;
9. Raise funds for the Institute and manage Institute property ; and
10. Review and approve other important matters.
Chapter III Business and S upervision
Article 12
The Board of Directors shall meet at least once every three months. W here neces-
sary, it may call ad hoc meetings. Meetings are to be convened and presided over
by the Chair.
A quorum of one half of the Directors shall be required. Resolutions may be
passed by a majority vote of Directors present, but for resolutions on Par agraphs
1 to 9 of the preceding Article, agreement of one half the total number of Direc-
tors shall be required for passage.
Article 13
The Board of Supervisors shall:
1. Review and pass the annual approved budget;
2. Oversee Institute operations and fina ncial affairs;
3. Audit the financial records, documents, and property records of the Institute;
and
4. Review or audit other important matters.
Supervisors shall exercise independent authority; Standing Supervisors shall rep-
resent the Board of Supervisor s at meetings of the Board of Directors.
Article 14
Directors, Supervisors, and Standing Supervisors shall personally attend meetings
of the Board of Directors; they may not appoint a proxy to attend.
Article 15
Directors and Supervisors shall recuse t hemselves where a conflict of interest
arises. They are not to use the power, opportunities, or means afforded by the of-
fice for their own interest or that of a related individual. The supervisory authori-
ty shall determine the scope of where recusal needs to take place, and the penalty
for failing to recuse oneself.
Between Directors and Supervisors there shall not be a spousal or other relation-
ship within three degrees of consanguinity.
Article 16
Directors, Supervisors, and related individuals shall no t enter into a business,
rental, or other contractual, transactional relationship with the Institute . However,
this shall not apply to those who, under the stipulations of Paragraph 1 of Article
14 of the Act on Recusal of Public Servants Due to Conflicts of Interest , are pub-
lic servants who have recused themselves.
Persons infringing upon this regulation, where the Institute suffers as a result,
shall be made to pay compensation.
Article 17
The Chair of the Board of Directors of the Institute may be a fu ll time or part
time position. Compensation for full time Chair shall be determined by the su-
pervisory authority; there shall be no compensation for part time Chair
Directors, Supervisors, and Standing Supervisors shall all be uncompensated po-
sitions.
Article 18
There shall be one President of the Institute . This person shall be proposed by the
Chair and hired upon approval by the Board of Directors. The same procedure
shall be followed for the President’s removal. The President shall, in accordance
wit h the Charter and resolutions of the Board of Directors, and under the authori-
ty of the Chair , carry out the Institute ’s business and supervise all employees.
Regulations concerning Directors and Chairs of the Board of Directors, namely
Paragraphs 1 thro ugh 4 of Article 9, Article 15, Article 16, Paragraphs 2 and 3 of
Article 19, and Paragraph 6 of Article 20, shall also apply to Presidents of the In-
stitute.
Article 19
Personnel shall be hired to work at the Institute in line with the rules concerning
personnel management of the Institute . They shall not be considered public
ants. Their rights and duties are to be stipulated in their contracts.
Persons having a spousal or other relationship within three degrees of consan-
guinity or marriage relations hip with Directors or Supervisors shall not serve in
positions concerning general affairs, accounting, or personnel at the Institute.
The Chair shall not appoint his/her spouse or a person within three degrees of
consanguinity or marriage relationship to work at the Institute.
Article 20
The scope of supervision carried out by the supervisory authority shall be limited
to:
1. Approving the development goals and plans;
2. Approving or filing for reference the Institute ’s Charter , annual work plan and
budg et, annual achievements report, and final report;
3. Examining the Institute ’s property and finances;
4. Evaluating reports on work completed;
5. A ppointing and dismissing Directors and Supervisors, and rendering opinions
thereon;
6. Meting out punishment to Directors and Supervisors who have infringed upon
relevant regulations;
7. Dismissing, changing, abolishing, requiring improvements to be made, halting
the execution of duties, and otherwise meting out punishment where the Consti-
tution, laws, and regula tions are breached by the Institute
8. Approving the granting or removing of rights over the real estate and intangi-
ble assets of the Institute;
9. Approving the annual plan for pooling miscellaneous funds; and
10. Other supervisory duties in accordance w ith the law.
Article 21
The supervisory authority shall evaluate the following:
1. The Institute ’s annual achievements;
2. An assessment of how well the Institute did in achieving its goals;
3. An assessment of the success (percentage collected) o f fundraising campaigns;
4. Recommendations on budget allocation; and
5. Other related matters.
The supervisory authority shall determine regulations governing the method and
procedure of the evaluation and related matters.
Article 22
The Institute ’s development goals and plan shall be approved by the supervisory
authority after being approved of by the Board of Directors.
The annual work plan and budget shall be sent to the supervisory authority after
being adopted by the Board of Directors.
Article 23
Within three months of the end of the Institute ’s accounting year, the Institute
shall present its annual achievements report and final report to an accountant for
certification. T hese documents are then to be reviewed by the Board of Directors.
After be ing approved by the Board of Supervisors, they are to be sent to the su-
pervisory authority as well as the auditing authority.
The final report is to be audited by the auditing authority. After this audit, the re-
port is to be sent to the supervisory author ity or other related agency for any nec-
essary action.
Chapter IV Accounting and Finances
Article 24
The Institute ’s accounting year shall be the same as that followed by the govern-
ment.
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 allocated funding for the Institute in the year in which it is estab-
lished shall be reflected by the supervisory a uthority 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, gov-
ernment 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 the current land value.
The pric e 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 respon-
sibility over public p roperty.
Following the Institute ’s establishment, where it is commissioned to manage
tural content related assets and facilities, government agencies ma y lease or pro-
vide free of charge publicly owned real property toward this end
Following the Insti tute ’s establishment, government agencies may lease or
vide 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 i n Paragraph 1 and the preceding Paragraph shall not be sub-
ject 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 Par-
agraphs 1, 3, and 4, and that which is deemed public property as per the preced-
ing 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 Inst itute as income
and the restrictions of Paragraph 1 of Article 7 of the National Property Act shall
not apply.
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. 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 con-
cerning 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 for where
regulations concerning treaties and agreements concluded by the Repub lic of
China and Article 4 of the Government Procurement Act apply, the Government
Procurement Act shall not apply. In such cases, regulations governing procure-
ment 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
Infor mation about the Institute shall be made public in line the Freedom of Gov-
ernment Information Act . The Institute shall make public its annual financial, an-
nual business and annual achievements reports.
The supervisory authority shall provide an analysis of the Institute ’s annual eval-
uation report and send it to the Legislative Yuan for its reference. Where neces-
sary, 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.
Chapter V Additional Articles
Article 31
Where there are objections to dispositions made against it, the Institute may ap-
peal to the supervisory authority under the terms of the Administrative Appeal
Act.
Article 32
Where it becomes impossible for the Institute to achieve its establishment goals
due to a change in circumstances or poor performance, the supervisory authority
shall apply to the Executive Yuan to dissolve the Institute.
Where the Institute is dissolved, the contracts of Institute personnel shall be ter-
minated; remaining assets shall be turned over to the Treasury remaining debts
shall be assumed by the supervisory authority.
Article 33
The implementation date of this Act shall be determined by the Executive Yuan. |