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Land Value﹝04-25﹞
Enforcement Rules of the Real Estate Appraiser Act

Promulgated Date 2001/10/17
Document No. Promulgated on October 17, 2001
Law Content Promulgated by letter Tai-Nei-Di No.9061984 of Ministry of the Interior on October 17, 2001


Article 1
These Rules are enacted pursuant to Article 45 of Real Estate Appraiser Act (hereinafter referred to as the Act).


Article 2
According to the provisions of Article 3 of the Act, the following documentations shall be submitted to the competent central authority for application of Certificate of Real Estate Appraiser.
1. Application form.
2. The Certificate and copy of passing the examination of Real Estate Appraiser.
3. A copy of Identification Documentation.
4. Two photographs, two inches in size, of the applicant taken within a year.
For applications in compliance with the provisions stated in the previous Paragraph of this Article, a Certificate of Real Estate Appraiser shall be issued and the submitted certificate of passing the examination of Real Estate Appraiser shall be returned to applicants. For applications not in compliance with the provisions stated in the previous Paragraph of this Article, the applications shall be rejected. As regards applications for which further proofs or supplementary documentation are required, a re-submission with required further documentation within fifteen days shall be notified of the applicants. Applications for which re-submission are required within fifteen days but the applicants fail to comply with shall be rejected.
For applications rejected in accordance with the provisions stated in the previous Paragraph of this Article, the documentation submitted as stated in Subparagraphs 2 to 4 of Paragraph 1 of this Article shall be returned to applicants.


Article 3
According to the provisions of Article 6 in the Act, the following documentation shall be submitted to the competent authority in a Special Municipality or a County / City for applying for a Practicing License.
1. Application form.
2. The Certificate and copy of Real Estate Appraiser.
3. Documentation and its copies in respect of an applicant’s practical experience of real estate appraisal for over two years.
4. A copy of Identification Documentation.
5. Two photographs, two inches in size, of the applicant taken within a year.
The provision of Paragraph 2 of Article 2 of this Rule applies to Paragraph 1 of this Article. In the case that an application is rejected, the documentation submitted as stated in Subparagraphs 2 to 5 of the previous Paragraph of this Article shall be returned to the applicant.
In the case the applicant is a foreigner. The competent authority in a Municipality or a County (City) can grant a Real Estate Appraiser Practicing License given that the application is accepted and is referred to the competent central authority in accordance with Paragraph II of Article 42 of this Act.


Article 4
The Government Bulletin in Articles 7 and 40 of the Act refers to the bulletin of the competent authority in a Special Municipality or a County / City.


Article 5
In the case that Certificate of Real Estate Appraiser is missing, destroyed, or stained, the following documentation shall be submitted to the competent central authority to apply for re-issue or renewal of the certificate.
1. Application form.
2. The newspaper with the defeasance statement of the missing or destroyed certificate when applying for a re-issue, and the stained original certificate when applying for a renewal.
3. A copy of Identification Documentation.
4. Two photographs, two inches in size, of the applicant taken within a year.


Article 6
In the case that Practicing License of Real Estate Appraiser is missing, destroyed, or stained, the following documentation shall be submitted to the competent authority in a Special Municipality or a County / City to apply for re-issue or renewal of the practicing license.
1. Application form.
2. The newspaper with the defeasance statement of the missing or destroyed license when applying for a re-issue, and the stained original practicing license when applying for a renewal.
3. A copy of Identification Documentation.
4. Two photographs, two inches in size, of the applicant taken within a year.
The valid date of a re-issued or renewed practicing license is the same as that of the original practicing license.


Article 7
When the competent central authority withdraws or revokes qualification of a Real Estate Appraiser and cancels his / her certificate, the competent central authority shall notify individual competent authority in Special Municipalities or Counties / Cities; for those appraisers who have already practiced, the competent authority in a Special Municipality or a County / City shall, according to Paragraph 2 of Article 13 of this Act, withdraw or revoke his / her qualification for practice and cancel his / her practicing license.


Article 8
A Real Estate Appraiser shall submit the following documentation when applying for transfer of registration in accordance with the provisions of Article 10 of the Act:
1. Application form.
2. Original Real Estate Appraiser Practicing License.
3. A copy of Identification Documentation.
4. Two photographs, two inches in size, of the applicant taken within a year.
The competent authority that the real estate appraiser originally registered with shall, given all requirements satisfied, keep the original Real Estate Appraiser Practicing License and transfer the application to the competent authority in a Special Municipality or a County / City where the real estate appraiser moves into. The competent authority in the Special Municipality or the County / City shall complete registration procedure and issue the real estate appraiser a Real Estate Appraiser Practicing License, and notify the original competent authority to withdraw his / her original license.
The valid date of the re-issued Real Estate Appraiser Practicing License issued by the competent authority in the Special Municipality or the County / City where the real estate appraiser moves into is the same as that of the original practicing license.


Article 9
Changes to registration details stated in Article 11 of the Act refer to the followings situations.
1. Changes to personal details of a Real Estate Appraiser.
2. Changes to name or address of an appraisal (joint) office.
3. Replacement of Real Estate Appraisers in a joint appraisal office.
When a Real Estate Appraiser applies, in accordance with the provisions of Article 11 of the Act, for changes to registration details shall submit application form, Real Estate Appraiser Practicing License and other supporting documentation in relation to those changes.


Article 10
The duration of fifteen years as referred to in the provisions of Paragraph 3 of Article 19 of the Act starts from the date when a Real Estate Appraiser delivers a commissioned real estate appraisal report to his / her client.


Article 11
For an application for re-issuing a Real Estate Appraiser Practicing License in accordance with Paragraph 1 of Article 20 of the Act, the following documentation shall be submitted to the competent authority in a Special Municipality or a County / City at least three months prior to the expiry of the original practicing license.
1. Application form.
2. Documentation of completing at least thirty-six hours’ professional training or supporting evidence of receiving equivalent professional training within the past four years.
3. Original copy of the practicing license.
4. A copy of Identification Documentation.
5. Two photographs, two inches in size, of the applicant taken within a year.
For an application in compliance with the provision of the previous Paragraph of this Article, the competent authority in a Special Municipality or a County / City shall notify the applicant to give back the original practicing license in return for a new one. For an application not in compliance with the provision of the previous Paragraph, the application shall be rejected. As regards an application for which further proofs or supplementary documentation is required, a re-submission of required documentation within fifteen days shall be notified of the applicant. An application that fails to re-submit required further documentation within fifteen days shall be rejected.
For an application that is rejected in accordance with the provision of the previous Paragraph of this Article, the documentation submitted as stated in Subparagraphs 2 to 5 of Paragraph 1 of this Article shall be returned to the applicant.
For a re-issue application in compliance with provisions of Paragraph 1 of this Article but the original practicing license has been lost or destroyed, the applicant shall submit the newspaper with the defeasance statement of the lost or destroyed practicing license.
The term 〝within four years〞 as referred to in the provision of Subparagraph 2 of Paragraph 1 of this Article means that the date of the completion of professional training should be ended within four years of validity of the original practicing license.
The valid duration of time for the re-issued practicing license stated in Paragraph 1 of this Article is four years since the date when the original practicing license expires.


Article 12
When applying, according to provision of Paragraph 1 of Article 20 of the Act, for re-registration of practice and re-issue of a practice license, in addition to abiding by the provision of Article 3 of this Rule, applicants shall submit documentation of completing at least thirty-six hours’ professional training or supporting evidence of receiving equivalent professional training within the past four years and the original practice license.
The term 〝within four years〞, as referred to in the provision of the previous Paragraph of this Article means that the period of time between the date when professional training is completed and the date that re-registration of practice is applied is no more than four years.


Article 13
The members of a Real Estate Appraiser Guild in a Special Municipality or a County / City (hereinafter referred to as the guild in a Special Municipality or a County / City shall only include real estate appraisers with a practicing license in this Special Municipality or this County / City, except for the case that a Real Estate Appraiser in an adjacent Special Municipality or County / City applies to join the Real Estate Appraiser Guild in accordance with the provision of Article 23 of the Act.


Article 14
A Real Estate Appraiser who previously joined the Guild in an adjacent Special Municipality or a County / City in accordance with the provision of Article 23 of the Act shall join the Guild in the local Special Municipality or County / City where he / she practices once it is established.


Article 15
The representatives in the National Association of Real Estate Appraiser Guilds (hereinafter referred to as the National Association) shall be appointed by the Guilds in Special Municipalities or Counties / Cities. The number of representatives shall be instituted in the Charter of the National Association.
The representatives appointed by the Guilds in Special Municipalities or Counties / Cities as stated in the previous Paragraph of this Article shall not be limited to the members in the Boards of Directors and Supervisors from those local guilds.


Article 16
The candidates for Boards of Directors and Supervisors in the National Association shall not be limited to the representatives in the National Association appointed by the Guilds in Special Municipalities or Counties / Cities.


Article 17
The punishment as referred to in Paragraph 2 of Article 35 of the Act shall add up the punishments disciplined in all Special Municipalities or Counties / Cities.


Article 18
The competent authority in a Special Municipality or a County / City should take account of the punishment disciplined in all Special Municipalities or Counties / Cities while dealing with the matters concerning disciplining a Real Estate Appraiser. A Real Estate Appraiser who has been given reprimands more than three times or disciplined of ceasing the right to practice for a total of more than three years as stated in Paragraph 2 of Article 35 of the Act shall be sent to the Real Estate Appraiser Disciplinary Committee for consideration of giving the punishment of ceasing the right to practice or disqualification.


Article 19
When the competent authority in a Special Municipality or a County / City takes away the right of a Real Estate Appraiser to practice, the competent authority shall ask the competent central authority to revoke his / her appraiser qualification and withdraw certificate, and then withdraw his / her practice qualification and cancel his / her practicing license.


Article 20
The term〝difference of over twenty percentages〞, stated in Provision of Paragraph 1 in Article 41 of the Act means that the value of difference between the highest appraised value and the lowest appraised value divided by the average of all appraised values is in excess of twenty percentages.


Article 21
One who was practicing real estate appraisal prior to the enforcement of the Act, stated in Provision of Paragraph 2 of Article 44 of the Act, refers to those who were practicing real estate appraisal in companies, firms or corporations that had registered and were allowed to undertake real estate appraisal business.
When a person stated in the previous Paragraph of this Article applies for examination of qualification for taking a special examination of Real Estate Appraiser, he / she, fifteen days (or earlier) prior to the date when applying for taking this examination commences, shall submit the following documentation to the competent central authority
1. Application form.
2. Copies of Personal Identification.
3. Supporting documentation of practicing real estate appraisal for over three years prior to enforcement of the Act.
4. Supporting documentation in respect of income or salary associated with real estate appraisal works.
5. Supporting documentation of award of a college degree or above.
6. Any other supporting documentation requested by the competent central authority.
A person whose submitted documentation stated in the provision of the previous Paragraph of this Article is accepted will be given a piece of paper to accredit his / her qualification to take a special examination for Real Estate Appraiser; for a person who fails to produce any of the documentation requested, his / her application will be rejected and submitted documentation stated in Subparagraphs 2 to 6 of the previous Paragraph of this Article will be returned.


Article 22
It is eligible to charge for issuing Certificate of Real Estate Appraiser or Practicing License of Real Estate Appraiser. The amount of charge shall be instituted by the competent central authority.
The charge specified in the provision of the previous Paragraph of this Article shall be confirmed through budgeting process.


Article 23
All forms of documentation stated in these Rules shall be instituted by the competent central authority.


Article 24
Enforcement Rules of Real Estate Appraiser Act shall come into effect from the date of its promulgation.
Chinese Link http://www.land.moi.gov.tw/law/chhtml/mainframe.asp?LCID=126&lawname=不動產估價師法施行細則
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