The Cabinet today passed a draft bill of the Museum Act which, if ratified by the Legislative Yuan, is expected to boost development of the museum industry in Taiwan.
Museums are symbols of a civilized society, said the Ministry of Culture (MOC). While public and private museums have flourished in Taiwan, the quality among different institutions has been inconsistent because of a lack of laws and regulations to guide the industry. Hence, the MOC drafted this act to improve the functions of museums and help them become more professional and public-oriented.
The draft bill contains several main points:
1. The MOC should be the central governing authority over the museum industry. (Article 2)
2. The bill provides a definition of museums, specifying that they should be nonprofit operations serving the public's interests. (Article 3)
3. The bill lays out the manners in which public and private museums should be established. A private museum may not have any legal personality independent from the entity that established it. Also, a private museum that was legally registered prior to the enactment of this law will not be subject to the law's rules for establishing museums. (Article 5)
4. Museum functions and operations: (Articles 7-11)
When taking inventory of collection pieces, public museums that have been certified should not be subject to the requirements of public property management laws.
The central governing authority may, in consultation with the appropriate agencies, establish a professional corporation to help museums in adding greater creative value to their collections and developing interdisciplinary applications. The rules for establishing such a corporation will be prescribed by a separate law.
If a museum's self-financed resources reach a certain percentage of the total needed to maintain operations, it may establish a fund. The museum may also use the fund's self-financed income to hire additional employees outside of its regular staff.
5. Assistance, certification and accreditation: (Articles 12-16)
The bill proposes a measure prohibiting the judicial seizure of foreign art pieces exhibited in Taiwan. A museum certification and accreditation system should also be created.
When a government-subsidized private museum transfers ownership of any of its art pieces, public museums should have first rights to purchase those pieces.
If a museum with special value in the arts and humanities is located within an urban planning zone, but the land on which the museum sits is not being used in accordance with local land regulations, the central governing authority may ask the local urban planning authority to modify its land use plans.