Policies and Guideline
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Chapter 1 General Provisions

Article 1

These Regulations are prescribed according to Paragraph 5 of Article 9 of the Culture and Arts Reward Act (the "Act").

Article 2

The installation of public artworks shall be made in accordance with Item 4 of Article 9 of the Act and shall be reviewed and approved by the Public Artwork Consulting Committee (the "PAWC Committee") of the Council for Cultural Affairs of the Executive Yuan (the "CCA"), or by the Public Artwork Reviewing Committee (the "PAWR Committee") of other ministries of the central government, or of special-municipality, county or city governments.

Article 3

The CCA shall have a PAWC Committee to be responsible for the consulting, policy making, proposal of laws and regulations, and review of matters related to public artworks.
The PAWC Committee shall have thirteen to seventeen committee members. Among the committee members, either the chairman or vice chairman of the CCA shall be the assembler of the PAWC Committee, and the director of the Business Department (業務處)of the CCA shall be the deputy assembler of the PAWC Committee. Other committee members shall be retained by the CCA from the following:

  1. five to seven committee members shall be specialists in art administration, art commentary, applied art, art education, or art creation, and there shall be at least one committee member from each such category;
  2. three to five committee members shall be specialists in urban design, building design, or landscape architecture, and there shall be at least one committee member from each such category; and
  3. there shall be one committee member each representing cultural, legal, or other professionals.
    The PAWC Committee shall convene a meeting once a year in principle and may convene extra meetings if necessary. The committee members shall serve terms of two years and may continue to be retained after their tenures expire. Ministries of the central government may establish a PAWR Committee in accordance with Paragraph 1 hereof to be responsible for the review of matters relevant to the installation of public artwork in any significant public construction projects managed by such ministries.

Article 4

Each special-municipality county or city government shall have a PAWR Committee. Such PAWR Committee shall have thirteen to seventeen committee members. Among the committee members, either the mayor or deputy mayor of a special municipality or city or the magistrate or deputy magistrate of a county shall concurrently be the convener of PAWR Committee; and the director of the Culture Affairs Bureau or the Culture Center shall concurrently be the deputy convener of the PAWR Committee. Other committee members shall be retained by the special-municipality, county or city government from the following:

  1. five to seven committee members shall be specialists in art administration, art commentary, applied art, art education, or art creation, and there shall be at least one committee member from each such category;
  2. three to five committee members shall be specialists in urban design, building design, or garden landscaping, and there shall be at least one committee member from each such category; and
  3. there shall be at least one committee member representing community or public welfare representatives, law experts, chiefs of construction or urban planning department of such local government. The committee members shall serve terms of two years and may continue to be retained after their tenures expire.

Article 5

A PAWR Committee shall periodically convene a meeting each year to handle the following matters:

  1. review plans to install public artwork;
  2. review reports of soliciting and selecting results of public artwork;
  3. review the completion report of installation of public artwork;
  4. planning and reviewing the installation of public artwork in its jurisdiction;
  5. matters of donation and installation of public artwork;
  6. provide professional consulting and assistance to projects for installation of public artwork; and
  7. guiding and assisting citizens to participate in [the installation of] public artwork, promoting public artwork, and other relevant matters.

Article 6

Government agencies, when handling the construction of publicly-owned buildings or significant public construction projects, shall establish a Public Artwork Execution Team (the "Execution Team") to be responsible for the administration of installation of public artwork. The Execution Team shall have 4 to 7 members among which one shall be appointed by the director of such government agency as the convener and other members shall be retained from the following:

  1. professionals in the field of art administration, art commentary, art education, and art creation;
  2. architects of such building or the professional technicians of the construction; and/or
  3. representatives from the management agency of such building or construction.

Article 7

The Execution Team shall handle the following matters:

  1. drafting the plan for installation of public artwork;
  2. handling the procedures of solicitation, citizen participation, evaluation, selection, and appraisal;
  3. drafting the report of soliciting and selecting results of public artwork;
  4. conducting the production, installation, and inspection of public artwork;
  5. compiling the completion report for the installation of public artwork; and;
  6. other relevant matters.

Article 8

The plan of installing public artwork referred to in the preceding Article shall include the following content:

  1. the concept for installation of public artwork;
  2. solicitation methods;
  3. public participation;
  4. name list of the judges;
  5. appraisal procedures;
  6. project budget; and
  7. name list of the Execution Team.

Article 9

The method of public artwork solicitation referred to in Item 2 of Article 7 shall be as follows:

  1. Open solicitation: To solicit plans for installing public artworks by making a public announcement and convening a meeting for the selection of appropriate installation plans.
  2. Invitation for competition: To invite two or more artists to produce the artwork and convene a meeting for selecting appropriate installation plans.
  3. Delegation of creation: After evaluation and stating the reason thereof, to choose a capable artist to propose more than one installation plan and convene a meeting to choose appropriate installation plans.
  4. Evaluation and purchase: To choose appropriate artwork and purchase the same after evaluation and stating the reason thereof. The Execution Team shall select from the methods referred to in the preceding paragraph according to the relevant conditions,such as the character of the building or the base of such buildings, or the budget, and shall handle the matter after the review of the PAWC Committee or the PAWR Committee.

Article 10

To handle the evaluation work referred to in the preceding Article, an appraisal team shall be formed before the solicitation and shall be responsible for setting up the standards of evaluation and for selecting the appropriate artwork.
The appraisal team shall consist of 5 to 7 commissioners, who shall be scholars or experts retained by the constructing institution on a part-time basis. The commissioners shall include at least one professional from each of the following categories:

  1. artistic creation;
  2. arts commentary; and
  3. applied arts.

Article 11

The public artwork selected in accordance with these Regulations may be handled by the method of limited tendering procedures prescribed in Items 2 and 14, Paragraph 1, Article 22 of the Government Procurement Law.

Article 12

The installation plan of the public artwork and the report of the solicitation and selection results of a publicly-owned building shall be submitted by the institution handling such construction project to the PAWR Committee of the direct municipal city government or the county (city) government.
The installation plan of the public artwork and the report of the solicitation and selection results of a significant public construction project shall be submitted by the institution handling such construction project to the PAWR Committee of the relevant ministries of the central government. Should the relevant ministries of the central government agencies have no PAWC Committee, such document shall be submitted to the PAWR Committee of the CCA for review.
When reviewing an installation plan, the ministry of the central government shall invite the local government of the location where the public artwork are to be installed to attend the meeting.
Where the budget for installing the public artwork is under one hundred thousand New Taiwan dollars, the institution handling such construction project may handle the matter directly in accordance with relevant laws and regulations.

Article 12-1

Public artwork projects concerning publicly-owned buildings of institutions and schools governed by the Ministry of Education, and significant public construction projects shall be reviewed by the PAWR Committee of the Ministry of Education.

Article 13

The content of reports of the solicitation and selection results for the public artwork referred to in Article 7 shall include the following matters:

  1. the record of solicitation and selection procedures;
  2. the introduction of the selected public artwork;
  3. the installation plan for the selected public artwork;
  4. the process for public participation;
  5. a record of appraisal; and
  6. a management and maintenance plan.

Article 14

The content of the completion report for the installation of public artwork referred to in Article 7 shall include the following matters:

  1. the whole course of the installation;
  2. the concrete effects; and
  3. review and suggestion.

Article 15

The owners or the institutions managing or using the publicly-owned buildings and significant public construction projects shall, pursuant to the suggestion of the creator of such artwork, prescribe a public artistic work management and maintenance plan and provide a budget to carry out such plan accordingly.

Article 16

The owners or the institutions managing or using the publicly-owned buildings and significant public construction projects shall not relocate or demolish the public artwork within five years from the completion of the installation of such work, provided that the limitation set forth above shall not apply if there is a special situation and such situation has been reviewed by the PAWC Committee or the PAWR Committee of the appropriate government agency and submitted to the CCA for recordation.

Article 17

The receipt of artwork as a gift and the installation thereof by the owners or the institutions managing or using publicly-owned buildings or significant public construction projects shall be reviewed and approved by the PAWC Committee or the PAWR Committee of the appropriate government agency, and shall submitted to the CCA for recordation.

Chapter 4 National Culture and Arts Foundation

Article 18

When reviewing a significant public construction project managed by government, the Public Construction Commission of the Executive Yuan shall inform the institution handling such construction project to act in accordance with these Regulations and Paragraph 2, Article 9 of the Act. When reviewing the construction permit of a publicly-owned building, the competent authority for construction of the special-municipality, county or city government shall inform the competent authority for cultural affairs of the place the building is located to act in accordance with these Regulations and Paragraph 1 of Article 9 of the Act.

Article 19

If a publicly-owned building or significant public construction project managed by government does not install public artwork in accordance with these Regulations and has been ordered by the CCA to do so within a prescribed period of time but fails to comply with such order, the matter shall be handled in accordance with Article 32 of the Act.

Article 20

The persons appointed for the part-time positions prescribed in these Regulations shall receive no remuneration, except for attendance fees as otherwise prescribed.

Article 21

These Regulations shall become effective on the date of promulgation.

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