法人團體受委託辦理國際觀光行銷推廣業務監督管理辦法

These Regulations have been drafted pursuant to Article 5, Paragraph 2 of the Tourism Development Act.

The corporations referred to in these Regulations are juristic persons established in accordance with law for the purpose engaging in tourism-related public interest services such as international tourism marketing, market promotion, and market information collection.

1The Ministry of Transportation and Communications has appointed the Tourism Administration to commission corporations to perform services including international tourism marketing, market promotion, and market information collection, etc.

2The Tourism Administration may commission a corporation to perform the foregoing services. The act of commissioning shall be implemented by means of a written contract.

3The Tourism Administration shall pay funds needed for the foregoing commissioned services. However, both parties must also abide by any additional agreements between them.

4In connection with foregoing items one and two, items of appointment or commissioning and legal basis shall be publicly announced, and published in a government bulletin or newspaper.

1Those commissioned corporations in the foregoing article shall have the following qualifications:

21.The groups must have at least two consecutive years of experience performing international tourism marketing, market promotion, and market information collection, etc., and must have displayed good performance.

32.A senior executive of the group must have at least two consecutive years of experience implementing international tourism organization activities, international conferences, travel exhibitions, conference travel, or marketing and promotion, etc., and must have displayed good performance.

1A corporation that has committed serious contract violations while performing commissioned international tourism marketing and promotion services during the most recent two years may not participate in the Tourism Administration's selection process.

2Similarly, a corporation may not participate in the selection process if the statutory responsible person, director, secretary general (superintendent) or senior executive of said group has been involved in either one of the following circumstances:

31.Has committed fraud, breach of faith, or embezzlement, and has been sentenced to imprisonment for at least one year; and less than two years have passed since the completion of the sentence.

42.Has committed an offense of corruption or malfeasance, and has been sentenced to punishment; and less than three years have passed since the completion of the sentence.

1The Tourism Administration shall generally select corporations to perform commissioned services by means of an open selection process, and shall announce the following items:

21.Scope of commissioned services

32.Time period of commissioned services

43.Application qualifications and procedures

54.Selection and assessment method

65.Documents to be attached by selection applicants

1A corporation wishing to apply for selection to perform international tourism marketing, market promotion, and market information collection under commission shall submit the following documents to the Tourism Administration for review and approval:

21.A photocopy of the group's nonprofit registration certificate

32.A photocopy of the group's constitution

43.Commissioned service implementation plan

54.Review form

65.Relevant documents proving work experience and results of tourism-related service work

1The Tourism Administration may engage the services of five to twelve scholars, specialists, or representatives of the Tourism Administration to serve on a selection committee responsible for evaluating corporations seeking to perform commissioned services.

2The Tourism Administration shall designate a chairman to preside over committee meetings, and shall convene meetings. When the chairman cannot attend a meeting, the Tourism Administration may designate a person from the committee to serve in his or her stead.

3Resolutions shall be considered passed when at least two-thirds of committee members are present at the foregoing meetings and more than one-half of the attending members give their approval.

After a corporation has been selected, it must sign a commissioning contract with the Tourism Administration before the deadline designated in the announcement documents for the selection process. Those corporations which fail to sign a contract before the deadline shall be considered to relinquish their qualifications, and may not participate in a Tourism Administration commissioned service selection process for one year. However, this restriction shall not apply if a corporation is unable to sign before the deadline for some reason not attributable to said corporation; the corporation must then request the Tourism Administration to additionally designate an appropriate deadline, and complete contract signing for that deadline.

1The commissioning contract in the foregoing article shall state the following:

21.Commissioned service work items and their scope

32.Designated commissioned work expenses and payment terms

43.Commissioned work timetable and performance period

54.Commissioned work performance management

65.Commissioned work results acceptance and performance assessment

76.Handling of contract violations

87.Rights and responsibilities with regard to the commissioned work

1A commissioned corporation must report on the progress of commissioned services and submit an explanation of implementation and results reports to the Tourism Administration at the beginning, middle, and end of the implementation period.

2The foregoing results reports shall include activity benefits, market analysis, review reports, activity press releases and newspaper clippings, activity photos, and detailed breakdowns of activity receipts and expenditures.

The Tourism Administration may send personnel to inspect a corporation's implementation of commissioned services and use of commissioned funds, and may ask the group to provide relevant data; the corporation may not refuse or obstruct the Tourism Administration's requests, nor attempt to conceal information.

These Regulations shall take effect on the date of promulgation.