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Land Right

1. About the planning and promotion items concerning the land ownership policy
2. About the establishment, revision and explanation items concerning the land ownership statute
3.About the prohibited items concerning the transfer of private land, for the benefit of fundamental national policy
4.About the supervision and research items concerning the minimum area of both private and public land
5. About the supervision and research items concerning the maximum area of private land
6.About the managerial items concerning the transfer of arable land
7. About the planning, supervision and managerial items concerning the lease of arable land
8. About the restrictions and managerial items concerning foreigner land ownership
9.About other land right items

10.The Management of 37.5% Rental Reduction of Arable Land: The area of the 37.5% rental reduction of arable land in Taiwan is about 16,421 hectares by the end of 2008, with 38,586 lease contracts, 46,724 tenants and 54,479 land owners. The land rental amount, lease span, termination of lease and tenancy disputes are regulated in the 37.5% Arable Rent Reduction Act. To coordinate the policy: “ease the restriction that the arable lands should be owned by the farmer, and implement the principle that the arable land must be used for farming purpose”, Article 20 of the Agriculture Development Act regulates that the lease contract of farm and arable land signed after January 28, 2000 is not subject to the 37.5% Arable Rent Reduction Act and should returns to the principle of free arable lease contract.

11.The Minimum Area Unit Restriction of private and public land: The purpose is to regulate the minimum area unit and to prohibit re-division. This is in order to prevent repeated land division and promote economical use of the land. In addition, the local government should implement this policy and regulate the minimum area considering local situation and circumstances under administration. After the local government has proposed the minimum area standard, the proposal has to be submitted to the central authority for ratification.

12.Opening up foreign investment in real estate : In order to coordinate with the entry of our country into the WTO, and implement the conclusion to: “Allow foreigners to invest in real estate” of the national economic development conference during January 6th and 7th, 2001, and the common consensus opinion to “open up foreign investment in regional real estate”, to follow the international trend toward economic freedom and effectively encourage foreign funds and technologies to enhance the national land resource development and use, Articles 17, 19, and 20 of the land law were revised and promulgated in October 31, 2001. Moreover, Articles 21, 22 and 23 are deleted. Foreigners are allowed to directly acquire land on the basis of purposes of investment, private use or public interest. The development and improvement of various kinds of land, and the establishment of residential or business office buildings, are helpful for the positive development of domestic real estate, by promoting the reasonable and effective use of land resources.

13.Opening up Chinese capital investment in real estate : To implement the common consensus opinion of the Economic Development Committee regarding the issue of opening up Chinese capital investment in real estate in Taiwan, through the revision and promulgation of Article 69 of the people relationship act between the Taiwan area and the Mainland area, the Mainland people, corporations, groups, other organizations, or the companies which invest in the third area, can acquire the ownership or other rights of real estate in the Taiwan, after acquiring the approval of the Ministry of the Interior. It would assist the land resource development and use, and activates the exercise of domestic capital.
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