Act for the Establishment of the Taiwan Film and Audiovisual Institute

2019-12-31
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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 culture.
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. Providing grants for, promoting, and engaging in international exchanges on education on fi lm and audiovisual heritage;
3. Collecting, collating, analyzing, and conducting research on documents and historical archives relating to film and audiovisual heritage;
4. Managing the Institute and its facilities and venues for film and audiovisual heritage;
5. Assisting 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 audiovisual 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 government.
Article 5
The Institute’s Charter, personnel management, accounting method, internal controls, 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 conducted by the Institute shall be determined by its Board of Directors and reported to the supervising authority and shall not contravene related 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 supervisory 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 supervisory authority and approved of by the Premier. Board members shall be selected from among the following:
1. Representatives of related government agencies; and
2. Persons with expertise in accounting, financial auditing, auditing, law, or management.
Supervisors shall select one of their members to serve as Executive Supervisor.
The number of Supervisors of each gender drawn from Subparagraph 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 expiry 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 position.
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 force;
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 Consumer Debt Clearance Act a judge has mandated the debt clearance process begin, but where rights have not yet 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 meeting 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 authority for its annual performance review two years in a row;
4. Where there has been a proven contravention of the Civil Service Administrative 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 official use;
7. Where it is proven that an individual has not abided by the stipulations of this act concerning recusal in a case of conflict of interest, or the stipulations of Paragraph 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 supervisory 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 replacement 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 replaced. 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 establishment of branch organizations;
3. Review and approve annual work plans;
4. Review and approve the annual budget, final accounts, and goals;
5. Review and approve the Institute’s Charter;
6. Review and approve the apportionment and other usage of real estate and intangible assets of the Institute;
7. Review and approve items stipulated in this Act as needing Board approval;
8. Appoint and dismiss the Institute’s President;
9. Rais e funds for the Institute and manage Institute property; and
10. Review and approve other important matters.
Article 12
The Board of Directors shall meet at least once every three months. Where necessary, 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 Paragraphs 1 to 9 of the preceding Article, agreement of one half the total number of Directors 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 financial 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 represent 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 themselves where a conflict of interest arises. They are not to use the power, opportunities, or means afforded by the office for their own interest or that of a related individual. The supervisory authority 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 relationship within three degrees of consanguinity.
Article 16
Directors, Supervisors, and related individuals shall not 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 public 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 full time or part time position. Compensation for full time Chair shall be determined by the supervisory authority; there shall be no compensation for part time Chair
Directors, Supervisors, and Standing Supervisors shall all be uncompensated positions.
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 with the Charter and resolutions of the Board of Directors, and under the authority 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 through 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 Institute.
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 consanguinity 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.
Chapter III Business and S upervision
Article 20
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 budget, annual achievements report, and final report;
3. Examining the Institute’s property and finances;
4. Evaluating reports on work completed;
5. Appointing 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 Constitution, laws, and regulations are breached by the Institute;
8. Approving the granting or removing of rights over the real estate and intangible assets of the Institute and approving the annual plan for pooling miscellaneous funds.
9 .Other supervisory duties in accordance with 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) of 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. These documents are then to be reviewed by the Board of Directors. After being approved by the Board of Supervisors, they are to be sent to the supervisory authority as well as the auditing authority.
The final report is to be audited by the auditing authority. After this audit, the report is to be sent to the supervisory authority or other related agency for any necessary action.
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 accordance 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 duties 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 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, 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 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 respon-sibility over public property.
Following the Institute’s establishment, where it is commissioned to manage cul-tural content-related assets and facilities, government agencies may lease or pro-vide free of charge publicly owned real property toward this end.
Following the Institute’s establishment, government agencies may lease or pro-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 in 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 Institute 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 public 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 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 for where regulations concerning treaties and agreements concluded by the Republic of China and Article 4 of the Government Procurement Act apply, the Government Procurement Act shall not apply. In such cases, regulations governing procurement procedures shall be submitted to the supervisory authority for approval.
Article 30
Information about the Institute shall be made public in line 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 President, 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 appeal 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 terminated; 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.