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Land Rights﹝05-60﹞
Regulations Governing the Safekeeping of Undistributed Compensation Monies for Land Expropriation

Promulgated Date 2000/11/8
Amended Date 2004/10/26
Law Content Promulgated per order of Ministry of the Interior No. Tai (89) Nei-Di-Zi- 8970642 dated November 8, 2000.
Amendments to Articles 4, 7 and 8 per order of Ministry of the Interior No. Tai-Nei-Di-Zi-0930047905 dated October 26, 2004.

Article 1 These Regulations are adopted pursuant to Paragraph 4, Article 26 of the Land Expropriation Act.
Article 2 The term “undistributed compensation monies” used in these Regulations refer to compensation monies which are not paid out due to delay, refusal or failure in the receipt of payment (by rightful recipients).
Compensation monies referred to in the preceding paragraph include the following:
1. Compensation for land value and additional compensation therefor;
2. Compensation for construction improvement or agricultural improvement;
3. Compensation for land improvement;
4. Compensation for loss of business; and
5. Relocation fee.
Article 3 The “place of custody” mentioned in these Regulations refer to agent banks of the Treasury at where the municipal or county (city) competent authority is located.
Article 4 A special account shall be set up for undistributed compensation monies paid out in the form of cash and land bond respectively.
Municipal or county (city) competent authorities shall, in accordance with the Regulations for the Management of Receipt and Disbursement of Special Account of the Central Government Agencies and with approval of the Ministry of Finance, open a special account at a place of custody; for undistributed land bonds, municipal or county (city) competent authorities may directly open a special account at a place of custody. Relevant regulations for National Treasury apply mutatis mutandis to the deposit and payment operations of such special accounts.
When a municipal or county (city) competent authority opens a special account at a place of custody, the seals on the account application form and the signature specimen card shall include that of the head of the municipal or county (city) competent authority, its chief accounting officer and chief cashier.
Article 5 The operating procedure for depositing undistributed compensation monies into a special account is as follows:
1. The municipal or county (city) competent authority should produce and save a safekeeping list, and delivery a copy to the place of custody and the land use applicant.
2. The municipal or county (city) competent authority shall deposit the total amount shown on the list of safekeeping into the special account by filling out a government agency deposit form. In case of land bonds, the municipal or county (city) competent authority shall deposit the bonds into the special account by filling out a Treasury Custody Application. For bonds deposited in the special account, the place of custody shall settle bonds that are mature at the end of June and December each year, and transfer the repayment of principal and interest into the special account for cash deposit, and notify the municipal or county (city) competent authority the same.。
3. After depositing the undistributed compensation monies into a special account, municipal or county (city) competent authorities shall promptly notify the rightful compensation recipients by double registered mail. The notice shall include the following information:
(1) Name or title and address of the rightful compensation recipient;
(2) Reason for and fact of safekeeping;
(3) Title, type and amount of money under safekeeping;
(4) Title of special safekeeping account;
(5) Name and address of place of custody;
(6) Safekeeping date and custody number;
(7) Proof documents required for claiming compensation money; and
(8) Legal consequence of not claiming the compensation past the statute of limitations.
Municipal or county (city) competent authorities should enter the date of notice delivery in the list of safekeeping. Compensation monies not claimed by the rightful recipients shall accrue to the Treasury if the recipient fails to claim it in fifteen (15) years from the date of notice delivery.
Municipal or county (city) competent authorities shall settle compensation monies that should accrue to the Treasury at the end of June and December every year and pay the money into the Treasury.
Article 6 The list of safekeeping shall document the following information; its format shall be prescribed by the municipal or county (city) competent authorities:
1. Name of the expropriation project and description of land expropriated;
2. Name or title and address of rightful compensation recipients, and name and address of agent, if any;
3. Amount of cash or bonds under safekeeping;
4. Other rights or registration of restriction over the expropriated land;
5. Date of notice delivery.
Article 7 When making a claim for undistributed compensation, a rightful recipient shall submit relevant proof documents to the municipal or county (city) competent authority. After examining the veracity of the documents, the municipal or county (city) competent authority shall give the recipient a filled and sealed withdrawal form for the recipient to pick up the compensation at the place of custody. The place of custody will approve the withdrawal after verifying the affixed seal and information contained in the withdrawal form against the list of safekeeping.
Article 8 Undistributed compensation monies shall not be used for other purposes.
Municipal or county (city) competent authorities may withdraw the deposited undistributed compensation monies under any of the following circumstances:
1. The money was mistakenly put under safekeeping;
2. The reason for safekeeping has ceased to exist; or
3. The rightful recipient gives his/her consent to the withdrawal by the municipal or county (city) competent authority.
When withdrawing deposited undistributed compensation monies according to the preceding paragraph, municipal or county (city) competent authorities shall state the reason and the original custody number, and fill out a withdrawal form. The place of custody will approve the withdrawal after verifying the affixed seal and information contained in the withdrawal form against the list of safekeeping.
Article 9 Interest accrued on undistributed compensation will be paid by the place of custody at the time of claim or withdrawal based on the quoted interest rate for demand deposit published by Bank of Taiwan.
Article 10 These Regulations are in force on the date of promulgation.
Chinese Link http://www.land.moi.gov.tw/law/chhtml/mainframe.asp?LCID=176&lawname=土地徵收未受領補償費保管辦法&lcmod=
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