國外電影片製作業在我國製作電影片補助要點
Promulgated by the Government Information Office
in Decree Xin Ying II No. 0940521362Z on November 9, 2005
Revision promulgated by the Government Information Office
in Decree Xin Ying II No. 0950521033 on August 11, 2006
Revision promulgated by the Government Information Office
in Decree Xin Ying IV No. 0960520536Z on June 12, 2007
Revision promulgated by the Government Information Office
in Decree Xin Ying IV No. 0990520108Z on February 8, 2010
Article 1
To attract foreign motion picture production enterprises to undertake, and assist them with, the filming and post-production of motion pictures in the Republic of China (ROC), the Government Information Office (GIO) has formulated this set of directions.
Article 2
“Foreign motion picture production enterprises” refers to motion picture enterprises that are established in areas other than Taiwan and mainland China.
“Motion picture production” refers to pre-production, filming, computer-generated imagery (CGI) and post-production.
In the preceding paragraph, “pre-production” refers to planning, research and development, fundraising, advance sales and other pre-production operations approved by the GIO, while “post-production” refers to audio recording, editing, special effects, sound effects, color correction, film developing and printing, and other post-production operations approved by the GIO.
Article 3
Before engaging in film production in the ROC, foreign motion picture production enterprises shall first apply with the GIO for approval by providing the following documents:
(1) The certificate of registration of a motion picture production enterprise, juridical body or group in the ROC and an agreement by said enterprise, body or group to assist in filming. In the case of an animated production, the certificate of registration of a motion picture production enterprise in the ROC and a certificate of entrustment to produce said animation;
(2) the certificate of registration of the foreign motion picture enterprise and a copy of said registration translated into Chinese, both of which have been notarized by the relevant ROC representative office abroad;
(3) the plot outline of the film; and
(4) the scene breakdown of the film.
Foreign motion picture production enterprises that have gained the GIO’s approval to produce films in the ROC may apply with the GIO for the funding listed below if their production expenses incurred in the ROC exceed NT$3 million. Percentages and restrictions listed in the following provisions do not, however, apply to films produced by globally recognized foreign motion picture production enterprises and directors that will enhance the ROC’s international image.
Available funding is as follows:
(1) A motion picture that is filmed partially or entirely in the ROC may receive funding equivalent to 30 percent of its total personnel expenses for ROC nationals employed as cast members during the filming period in the ROC, plus funding equivalent to 30 percent of the total personnel expenses for ROC nationals hired as crew members.
(2) A motion picture that is filmed and pre-produced or post-produced partially or entirely in the ROC may receive funding equivalent to 25 percent of the filming, pre-production and post-production expenses incurred in the ROC; funding equivalent to 30 percent of the total personnel expenses for ROC nationals employed as cast members; and funding equivalent to 30 percent of the total personnel expenses for ROC nationals hired as crew members.
(3) A two-dimensional (three-dimensional background) animated film over 70 minutes long that is partially or entirely pre-produced, post-produced and/or has CGI done in the ROC may receive funding equivalent to 25 percent of the total pre-production, post-production and CGI-related expenses incurred in the ROC, plus funding equivalent to 30 percent of the personnel expenses for ROC nationals employed as cast members.
(4) A three-dimensional animated film over 70 minutes long that is partially or entirely pre-produced, post-produced and/or has CGI done in the ROC may receive funding equivalent to 25 percent of the total pre-production, post-production or CGI-related expenses incurred in the ROC, plus funding equivalent to 30 percent of the personnel expenses for ROC nationals employed as cast members.
(5) For the period of film production in the ROC, a foreign motion picture production enterprise applying for funding under the preceding four subparagraphs may also apply for funding to cover 15 percent of the following: transportation and lodging expenses, liability insurance and accident insurance coverage for ROC nationals employed as cast or crew members.
The provisions of Article 4 of the Government Procurement Act and relevant regulations shall apply where appropriate to those who are granted funding under the provisions of the preceding paragraph.
“Globally recognized foreign motion picture production enterprises” as used in Paragraph 2 means those whose film production(s) have won the best film award at the Cannes International Film Festival, the Venice International Film Festival, the Berlin International Film Festival or the Academy Awards. “Globally recognized directors” refers to those who have directed films that have won them the award for best director at any of the aforementioned festivals.
Article 4
Foreign motion picture production enterprises may apply for the funding in Paragraph 2 of the preceding Article either by themselves or by commissioning a third party to apply on their behalf. Applications for funding shall include the following documents:
(1) A completed application form (with a signed certificate of entrustment if the application is submitted by a third party);
(2) A photocopy of the official letter from the GIO permitting the foreign motion picture production enterprise to undertake production in the ROC;
(3) Documents certifying that the motion picture was produced in the ROC by the foreign motion picture production enterprise (including work logs for pre-production, filming/CGI and post-production, work schedules and hours, photographs of filming conducted in the ROC, descriptions of equipment and techniques/technologies employed, etc.);
(4) A list of ROC nationals employed as cast or crew members and their job descriptions, as well as copies (front and back) of their national IDs;
(5) Audit reports approved by a certified ROC accountant proving that the motion picture’s production expenditures incurred in Taiwan exceeded NT$3 million (including a breakdown of, and photocopies of original receipts for, expenses incurred in Taiwan during pre-production, filming/CGI and post-production); for cast and crew members, photocopies of salary withholding certificates must also be enclosed;
(6) Documents proving the foreign motion picture production enterprises’ purchase of liability insurance and accident insurance for ROC nationals employed as cast or crew members for the period of filming in the ROC;
(7) Original receipts for transportation and lodging expenses;
(8) Documents proving that the foreign motion picture production enterprise does not have mainland Chinese shareholders or an affidavit concerning this matter;
(9) Applications subject to Paragraph 2 of Article 3 should include documents attesting to the global recognition enjoyed by the enterprise or the director;
(10) Other documents designated by the GIO.
Chinese translations must be provided for any foreign-language versions of documents mentioned in any of the subparagraphs of this Article.
Article 5
Foreign motion picture production enterprises that are awarded funding shall, within 20 days of receiving written notification from the GIO, submit a financial institution account number and a receipt detailing the amount of funding awarded them to the GIO for approval. When said documents have been approved by the GIO, the GIO will transfer the approved amount of funding to the account designated by the applicant. In the case that the set deadline is not met or the required receipt is not submitted, applicants shall be deemed to have waived the right to receive funding.
Article 6
Films that are awarded funding under these Directions and meet the definition of a domestically produced motion picture shall not be submitted for consideration for any other production funding offered by the GIO.
Article 7
Sanctions for Violations of these Directions
Should an applicant use falsified documents to apply for funding, the GIO may revoke the applicant’s standing to receive funding. The applicant shall refund, unconditionally, the total amount received by the deadline set by the GIO and also pay an additional one-tenth of the total amount of the approved funding to the GIO as indemnity. Future applications for funding shall not be accepted from an applicant that has not paid these amounts in full.
Any ROC cast or crew member or ROC business that provides falsified documents to an applicant shall be held legally responsible for his/her/its actions. Furthermore, he/she/it may not apply for any GIO awards or funding for three years from the date on which the GIO confirms a violation of these directions.
