Enforcement Rules of the Culture and Arts Reward Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=H0170007

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Article 1


These Enforcement Rules are prescribed according to Article 37 of the Culture and Arts Reward Act (the "Act").


Article 2


The "folk arts" referred to in Item 2 of Article 2 of the Act shall mean the arts of carving (雕藝), weaving (編藝), painting (繪藝), sculpture (塑藝), music and dance (樂舞), stage shows (大戲), plays (小戲), puppet shows (偶戲), talk-song performances (說唱), acrobatics (雜技), and other traditional techniques and arts that have folk flavor.


Article 3


The "environmental-design arts" referred to in Item 2 of Article 2 of the Act shall mean artistic creations or designs for the purpose of beautifying or improving environmental landscapes.


Article 4


The "cultural institutions" referred to in Item 4 of Article 2 of the Act shall mean any of the following institutions set up in accordance with applicable laws and regulations:
1.libraries or data display galleries (資料館);
2.museums or fine arts museums;
3.arts galleries;
4.memorial halls or artifact display halls;
5.music halls;
6.theater or performance halls;
7.culture centers; or
8.other institutions relating to cultural affairs.


Article 5


The "traditional life arts" referred to in Item 5 of Article 2 of the Act shall mean floral artistry (花藝), tea artistry (茶藝), chess artistry (棋藝), and other traditional arts relevant to the daily life of the people.


Article 6


The review and evaluation of outstanding culture and/or art workers as prescribed in Article 6 of the Act shall be coordinated and handled by the Council for Cultural Affairs of the Executive Yuan (the "CCA") by retaining experts and scholars, members of society with reputations of fairness, and representatives of competent authorities, if deemed necessary.
The awarding of awards to the outstanding culture and/or art workers and the assurance of their livelihoods shall be handled by the CCA.


Article 7


The "specific area" referred to in Paragraph 1 of Article 8 of the Act shall mean an area designated for maintaining cultural heritage or improving environmental landscapes in accordance with applicable laws and regulations.
The boundaries of the specific area, and the style standards of the buildings and landscape, shall be prescribed by the Council for Cultural Affairs in accordance with relevant laws and regulations after consulting other relevant authorities.


Article 8


The "buildings used by the public or publicly-owned buildings" referred to in Articles 8 to 10 of the Act shall mean the buildings used by the public or publicly-owned buildings having construction licenses granted by competent authorities in accordance with the Building Law.
"Major buildings used by the public or publicly-owned buildings" shall mean buildings used by the public or publicly-owned buildings that have a base size of more than one thousand five hundred square meters, or have a total built capacity of more than ten thousand square meters.


Article 9


The "artworks" referred to in Article 9 of the Act shall mean two-dimensional or three-dimensional art works, memorial stone tablets or pillars (紀念碑柱), water landscape (水景), outdoor furniture, suspending design (垂吊造型), installation arts (裝置藝術) made using techniques such as painting, calligraphy, photography, sculpture, or craft, or any artistic creation using other techniques or media.
The artworks referred to in the preceding paragraph shall be installed in a proper location of a building or the base of a building where the general public or most members of a specified group may view and admire such artistic works.


Article 10


(deleted)


Article 11


The "cost of construction" referred to in Paragraphs 1 and 2 of Article 9 of the Act shall mean the direct construction cost of such a building.
The direct construction cost referred to in the preceding paragraph includes direct construction expenses, management fees and the profits of the contractor, insurance premiums, business taxes, fees for environmental protection, safety, and sanitation, quality control expenses, and other expenses related to the direct construction cost.


Article 12


Those who wish to install artworks in accordance with Paragraph 1 or 3 of Article 9 of the Act shall submit a plan for establishing such artworks and relevant material for review. The application procedure, authority for accepting the application, and review procedures shall be prescribed by the CCA.
If the copyright of any artwork referred to in the preceding paragraph belongs to a third person, a certificate evidencing the copyright owner's consent to use such artwork shall be attached to the application.


Article 13


Those who install artworks in accordance with Paragraph 2 of Article 9 of the Act shall be rewarded by the CCA in the following manners:
1.the granting of honorary credentials;
2.the granting of trophies or medals; or
3.other rewarding methods.


Article 14


The owner of publicly-owned buildings or the handling authority of a public construction project shall, within three months after the completion of establishing the artistic works, submit a ledger book to the CCA for recordation.


Article 15


Approval of the exhibition of artistic works referred to in Article 11 of the Act shall be handled by the CCA after consulting the relevant authorities and the regulations thereof.


Article 16


(deleted)


Article 17


The "interest accrued on loans" referred to in Item 3 of Article 15 of the Act shall mean the interest paid for loans borrowed from financial institutions.


Article 18


The provincial, special-municipality, county or city cultural foundations referred to in Article 27 of the Act shall mean foundations established by the provincial, special-municipality, county or city governments in accordance with applicable laws.


Article 19


These Enforcement Rules shall become effective on the date of promulgation.