Operation Directions for Foreigners to Acquire Land Rights in the Republic of China
Operation Directions for Foreigners to Acquire Land Rights in the Republic of ChinaCH
Promulgated by Letter Tai-Nei-Di-Tzu No.650218 of Ministry of the Interior on Nov.23, 1988
Article 1 amended by Letter Tai-Nei-Di-Tzu No.673803 of Ministry of the Interior on Feb.27,1989
Article 3 amended by Order Tai-Nei-Di-Tzu No.9076530 of the Ministry of the Interior on April 25, 2001
Articles 1, 3, 4, 5, 7, 8, 9, and 11 amended by Order Tai-Nei-Di-Tzu No.9070292 of the Ministry of the Interior on Nov.15, 2001
Annex of Article 11 amended by Order Tai-Nei-Di-Tzu No.0960022544 of the Ministry of the Interior on Feb.26, 2007
Annex of Article 11 amended by Order Tai-Nei-Di-Tzu No. 0980051441 of the Ministry of the Interior on Mar 27, 2009
Annex of Article 11 amended by Order Tai-Nei-Di-Tzu No. 1061303317 of the Ministry of the Interior on Apr 10, 2017
Article 4 amended by Order Tai-Nei-Di-Tzu No. 1080261353 of the Ministry of the Interior on Mar 21, 2019
To apply for acquiring or creating real estate rights in the territory of the Republic of China, a foreigner shall request the party concerned to submit a certificate produced by a related department of his mother country to prove that the citizens of our country are allowed to acquire or create the same rights in that country. If in that country (e.g., the USA), the regulations on the foreigner’s real estate rights are separately legislated by the administrative regions, a certificate shall be submitted to prove that the citizens of our country may acquire or create the same rights in the corresponding administrative region. If it is known from the existing documents that, the people of our country are allowed by the related treaties or the laws of a foreign country to acquire or create real estate rights in that country, it is not necessary for the party concerned to submit the aforementioned certificate.
For the overseas Chinese who live in foreign countries and have acquired the nationality of a foreign country but still possess the nationality of the Republic of China, the laws and regulations applicable to the acquisition or creating of real estate rights in R.O.C are the same as those applied to the citizens of the Republic of China. The land or building rights already acquired in the Republic of China according to the law will not be affected by the acquisition of the nationality of foreign countries.
If a citizen of our country transfer his rights of lands or buildings acquired in the Republic of China according to law after he loses the nationality of the Republic of China, it is not necessary to apply article 20 of the Land Act.
If a foreigner acquires a piece of land as listed in the subparagraphs of Paragraph 1, Article 17 of the Land Act on account of inheritance, he shall sell the rights of this land to a citizen of the Republic of China within three years after he has finished the inheritance registration; otherwise, the case will be handled in accordance with Paragraph 2, Article 17 of the Land Act.
If a foreign legal person applies for acquiring or creating rights over land in our country, it shall be first recognized by the laws of country before to act as a subject of rights, unless as otherwise provided for in the law.
To apply for land registration, a foreign company shall submit an application in the name of the head office and submit the certificate of company registration. However, if inquiry can be made through electronic processing, it is not necessary to submit the aforementioned certificate.
A foreign company applying for registration of the representative's office in accordance with Article 386 of the Company Act may not apply for land registration.
Article 5 (Deleted)
Whether a foreigner may acquire the industrial lands auctioned by the court or not shall be determined by the court according to the law in event of specific lawsuits.
The nationality of foreigners shall be determined in accordance with the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements.
Where a foreigner disposes his real estates in our country, an examination shall be made to verify whether he has the capacity of disposition.
The capacity of disposition of a person shall be determined according to the law of his mother country. If a foreigner has not the capacity of disposition or only has a limited capacity of disposition according to the law of his mother country, but has a complete capacity of disposition according to the law of the Republic of China, he may act as a person of the complete capacity to conduct legal acts in the Republic of China.
Where an underage foreigner disposes his real estates in our country, he shall, according to the provisions of the Civil Code, have a declaration of will declared or accepted by his legal representative, or acquire the permission or admission of the legal representative.
In the event that a foreigner applies for creating real estate rights, it is not necessary to apply Paragraph 2, Article 20 of the Land Act to handle the case.
For a foreign bank, the rights to auction and undertake real estate rights due to the execution of creditor’s rights shall be acquired and disposed of subsequently in accordance with Article 20 of the Land Act all the same.
The format of the brief report on the disposal of foreigner’s application for acquisition or transfer of land and building right is as shown in the annex below.