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Land Rights﹝05-56﹞
Regulations on Permit People of the Mainland Area for to Acquire, Create or Transfer the Property Rights of Real Estates

Promulgated Date 2002/8/8
Law Content Regulations on Permit People of the Mainland Area for to Acquire, Create or Transfer the Property Rights of Real Estates

Promulgated by Order Tai-Nei-Di No.0910071523 of Ministry of the Interior on August 8, 2002

Article 1 These Regulations are enacted pursuant to the provision of Paragraph 2, Article 69 of Act Governing Relations Between Peoples Of The Taiwan Area And The Mainland Area.
(hereinafter referred to as “the Act”).
Article 2 The applications submitted by any individual, juristic person, organization, or other institution of the Mainland Area or any company it establishes in any third area for acquisition, creating or transfer of the property rights of any of the following lands in Taiwan shall be rejected:
1. The lands listed in the subparagraphs of Paragraph 1, Article 17 of the Land Act.
2. The lands within the areas allocated under the National Security Act and its Enforcement Rules.
3. The lands within the areas allocated under the Fortress and Strongholds Act.
4. The lands within the areas in harbor belts allocated by the competent authority in charge of harbors together with the Ministry of National Defense and the local governments.
5. Other lands allocated by the central competent authorities of target businesses and prohibited from acquisition.
Article 3 In any of the following occasions, an application submitted by any individual, juristic person, organization, or other institution of the Mainland Area or any company it establishes in any third area for acquisition, creating or transfer of the property rights of real estates in Taiwan may be rejected:
1. The application will encumber national important construction projects.
2. The application involves monopoly or speculation of lands.
3. The application will affect the overall development of national lands.
4. It is deemed by the central competent authorities of target businesses that the application is likely to damage the national security or the social stability.
Article 4 Any of the following may act as the subject of rights for registration real estates:
1. People of the Mainland Area.
2. The juristic person, organization, or other institution of the Mainland Area recognized under in this Act.
3. The any company it establishes in any third area recognized under the Company Act.
Article 5 The documents prepared in the Mainland Area and submitted under these Regulations shall first be verified by the institutions established or designated by the Executive Yuan or by the civil associations entrusted by the Executive Yuan.
Article 6 To apply for acquisition, creating or transfer of property rights of real estates, the people of the Mainland Area shall prepare an application form and submit it together with the following documents to the Government of the Special Municipality or County / City Government for examination:
1. The ID certificate of the applicant.
2. The evidential documents verified in accordance with the preceding article.
3. Other documents designated by the Ministry of the Interior.
After an application has been examined and approved, the Government of the Special Municipality or County / City Government shall forward it together with a Brief Report on Disposal of Application for Acquisition, Creating or Transfer of Real Estate Rights to the Ministry of the Interior for permit.
Article 7 The juristic person, organization, or other institution of the Mainland Area or any company it establishes in any third area may acquire, create or transfer the property rights of real estates for the following business requirements:
1. Dwelling houses for the business personnel.
2. Workshops, business places or offices for industrial and commercial operation.
3. Other places required for business operation.
To apply for acquisition, creating or transfer of the property rights of real estates in accordance with the preceding paragraph, an applicant shall prepare an application form, and submit it together with the following documents to the governing Government of the Special Municipality or County / City Government for examination:
1. The qualification certificates create forth in Subparagraph 2 or Subparagraph 3 of Article 4.
2. The evidential documents verified under Article 5.
3. Other documents specified by the Ministry of the Interior.
After an application has been examined and approved, the Governemtn of the Special Municipality or County / City Government shall forward it together with a Brief Report on Disposal of Application for Acquisition, Creating or Transfer of Real Estate Rights to the Ministry of the Interior for permit.
Article 8 To apply for investment in the projects helpful for Taiwan’s overall economic development, or agricultural and animal husbandry industries, juristic person, organization, or other institution of the Mainland Area or any company it establishes in any third area shall prepare an application form and submit it together with the following documents to the central competent authority in charge of target business for examination:
1. The qualification certificates create forth in Subparagraph 2 or Subparagraph 3 of Article 4.
2. The evidential documents verified under Article 5.
3. Investment plan; the contents of the plan shall include the name of the project, the location of the lands, the financial sources, and other matters specified by the central regulating authority in charge of target business.
4. Transcriptions of the land register book and the cadastral map. If the lands are covered in an urban plan, a certificate on the land utilization segmentation create forth in the urban plan shall be enclosed; if the lands are arable and the ownership has been acquired, a certificate on the agricultural use of agricultural lands or a certificate proving the usage is complied with the land utilization control rules shall be enclosed.
5. Other related documents.
The investment helpful for Taiwan’s overall economic development as called in the preceding paragraph refers to the investment in the following projects:
1. Development or operating of sightseeing hotels, sightseeing and amusement facilities, and sporting grounds and gymnasiums.
2. Development or operating of houses and buildings.
3. Development or operating of industrial factory buildings.
4. Development or operating of industrial parks and industrial and commercial development zones.
5. Development or operating of other investment projects publicized by the central competent authorities in charge of target businesses.
The investment in agricultural and animal husbandry industries as called in the first paragraph means the investment that meet the Agricultural Technology Intensive and Capital Intensive Categories and Standards issued by the Council of Agriculture, Executive Yuan.
Article 9 After having acquired the consent of the central competent authority in charge of target business according to the provision of the preceding article, juristic person, organization, or other institution of the Mainland Area or any company it establishes in any third area may apply for acquisition, creating or transfer of the property rights of real estates.
To apply for acquisition, creating or transfer of the property rights of real estates in accordance with the preceding paragraph, an applicant shall prepare an application form, and submit it together with the following documents to the Government of the Special Municipality or County / City Government for examination:
1. The qualification certificates create forth in Subparagraph 2 or Subparagraph 3 of Article 4.
2. The evidential documents verified under Article 5.
3. Letter of consent produced by the central competent authority in charge of target business.
4. Other documents specified by the Ministry of the Interior.
After an application has been examined and approved, the Government of the Special Municipality or County / City Government shall forward it together with a Brief Report on Disposal of Application for Acquisition, Creating or Transfer of Real Estate Rights to the Ministry of the Interior for permit.
Article 10 When submitting application according to the provision of Article 8, if the investment plan involves two or more central competent authorities of target businesses, the applicant shall, according to the principal plan of the invested enterprise, apply to the governing central competent authority of target business; if it is difficult to determine the governing central competent authority of target business, it shall be designated by the Executive Yuan.
Article 11 The central competent authority of target business shall negotiate with the related departments to examine the applications submitted in accordance with Article 8, and may invite the applicants to attend the meeting to make presentation.
To perform the examination as referred to in the preceding paragraph, the central competent authority of target business may, according to the current development situation and the industrial need, work out the gross control standards for various lands as reference for approving or rejecting applications, and shall register the applications for management after they are approved.
Article 12 After an application submitted under Article 8 is approved, the central competent authority of target business shall reply to the application by letter, and inform the Government of the Special Municipality or County / City Government at the location of the lands. If the application is rejected, the authority shall explain the reasons to the applicant by letter.
The letter of consent as referred to in the preceding paragraph shall include the following contents:
1. The case shall be handled according to the procedure create forth in Paragraph 2 of Article 9 after the application is approved.
2. If the use of the required lands involves environmental impact evaluation, water and soil conservation, land utilization segmentation, land utilization alteration, and land development, the provisions and procedures create forth in the related laws and regulations shall apply all the same.
Article 13 The Ministry of the Interior and the Government of the Special Municipality or County / City Governments shall list the property rights of real estates acquired, create, or transferred under Article 6, Article 7 or Article 9 into register books for management.
Article 14 To issue a permit in accordance with Article 6, Article 7 or Article 9, the Ministry of the Interior may invite the related departments to perform examination where necessary.
To issue permits in accordance with Article 6 or Article 7, the Ministry of the Interior may create forth a certain amount, area and general control standards as the references for approval or rejection.
Article 15 For the property rights of the real estates acquired, create or transferred under Article 6, Article 7 or Article 9, the applicant shall submit the permit document produced by the Ministry of the Interior and the documents listed in Article 34 of the Regulations on Land Registration to the department of land administration at the location of the real estates for registration.
After the registration is finished, the department of land administration shall inform the Ministry of the Interior and the Government of the Special Municipality or County / City Government at the location of the real estates about the results of registration, and shall additionally inform the central competent authority of target business about the results of registration concerning the application cases prescribed in Article 9.
Article 16 The property rights of real estates acquired or create under Article 9 by the Juristic person, organization, or other institution of the Mainland Area or any company it establishes in any third area shall be used within the time limit and for the purpose create forth in the investment plan approved; where they are not used within the specified time limit due to special reasons, the applicant shall explain the reasons to the central competent authority of target business to apply for postponement.
The central competent authority of target business shall periodically inspect the use of the property rights of real estates acquired or create by the above-mentioned organizations, and shall observe the following provisions for handling:
1. If the real estates are not used within the specified time limit, the authority shall notify the Ministry of the Interior to abolish the permit, and the Ministry of the Interior shall notify the Government of the Special Municipality or County / City Government to order the rights holder to sell the real estates within two years.
2. If the real estates are used for purposes other than prescribed in the approved plan, the authority shall stop such usage and notify the Government of the Special Municipality or County / City Government to order the rights holder to sell the real estates within one year.
3. If the usage violates the provisions of the laws related to land utilization and segmentation control, the authority shall stop such usage and notify the Ministry of the Interior to abolish the permit, and the Ministry of the Interior shall notify the Government of the Special Municipality or County / City Government to order the rights holder to sell the real estates within six months.
Article 17 For the property rights of real estates that are not sold within the specified time limit in accordance with Paragraph 2 of the preceding Article, the Government of the Special Municipality or County / City Government at the location of the lands may directly sell the lands through public tendering, and shall return the sales revenue to the original obligee; the ameliorants on the lands (if any) may also be sold along with the lands through public tendering.
The procedure of the tendering, calculation of price, dispute createtlement, and other related matters shall be handled according to the method of tendering create forth in Paragraph 4, Article 20 of the Land Act.
Article 18 People of the Mainland Area who meets any of the following conditions may apply to the Bureau of Immigration, National Police Agency, Ministry of the Interior for entering Taiwan:
1. He has acquired the permit of the Ministry of the Interior according to the provisions of these Regulations and submits the permit documents.
2. He has acquired or create property rights of real estates in Taiwan, and submits the Land and Building Registration Transcriptions.
The period of people of the Mainland Area stay in Taiwan according to the provision of the preceding paragraph may not exceed ten days commencing from the day next to the date of entry; where necessary, application may be submitted to apply for extension by up to ten days for one time, and the total period of stay may not exceed one month every year.
Article 19 The application forms and tables create forth in these Regulations shall be prescribed by the Ministry of the Interior.
Article 20 These Regulations shall become effective as of the date of promulgation.
Chinese Link http://www.land.moi.gov.tw/law/CHhtml/mainframe.asp?LCID=286&
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