Laws Information

法規資訊
Title: Architects Act
Am Date: 2014-01-15
Legislative History: The amendment promulgated on January 15th, 2014 amendment the provisions of Article 4, Article 28-1, Articles 31-1.

Transaction

Amendment

Article 4
Under any one of the following circumstances, an individual is disqualified from practicing architecture or barred from obtaining the architect’s license; where an architect’s license has been previously issued, such license or certificate should be revoked by central competent authority:
1. Individual has become subject to the order of the commencement of guardianship or assistantship has not been revoked.
2. Individual Suffers from mental illness or is in irregular physical or mental condition, two or more medical physicians of the appropriate specialty have been consulted upon request of the competent authority, and the competent authority has determined that he or she is unable to practice.
3. Individual has been declared bankrupt and status has not yet been revoked.
4. Individual was convicted of a crime during the practice of his/her profession or in matters related to his/her profession and given an imprisonment term of at least one year and sentence has not been placed under probation.
5. Individual’s official license to practice or business license is invalidated as a punishment or penalty for violations committed.
In the matter of the circumstances provided in the foregoing subparagraphs 1 to 3, upon the elimination of the cause of such revocation, individual may re-apply for an architect’s license certificate pursuant to the regulations of the Architects Act.

Article 28-1
Regulations to facilitate the development of architects associations in Jinmen and Mazu areas are as follows:
1. Architects with business practice licenses may join architects association in Jinmen and Mazu areas and are not under limitations of Paragraph 4 of the preceding Article. An architect may not practice in Jinmen and Mazu areas unless he/she joins the architects association organized in the respective area. However, this rule does not apply if an architects association was not organized.
2. An architect with a business practice license issued in Jinmen and Mazu areas may join a municipality or county/city architects association of the main island of Taiwan, but limited to one.
The original Fujian provincial architects association should be restructured to architects association in Jinmen and Mazu areas, and governed by the local government where it is organized.

Article 31-1
The National Union of Architects Association, R.O.C., which was organized before the amendment on December 11th, 2009, should be restructured into the national association of architects in accordance with this Act within two years after the amendment takes effect. County/city offices of the National Union of Architects Association, R.O.C. should be adjusted, restructured or merged into municipality, county/city architects associations within three years after the amendment takes effect; municipality offices should be adjusted, restructured or merged into the respective municipality architects association.
The following regulations are applicable to property transfer resulting from adjustments or restructuring mentioned in the Paragraph 2 of Article 28-1 and preceding paragraph:
1. Deeds and certificates are exempted from stamp tax.
2. Transfer of securities is exempted from securities transaction tax.
3. Transfer of goods or labor is not in the scope of sales tax.
4. Transfer of real estate is exempted from deed tax and land value increment tax. However, for a subsequent land transfer, land value increment tax will be calculated based on the original land value before the adjustment or restructuring.