of the following descriptions shall not be transferred or leased to aliens, nor
may encumbrance on them be created in favor of aliens:
(1) Forest lands.
(3) Hunting grounds.
(4) Salt fields.
(5) Lands with mineral deposit.
(6) Sources of water.
(7) Lands lying within fortified and military areas and lands adjacent to the
The transfer referred to in the preceding paragraph shall not include the
acquisition of land through inheritance. But the said land shall be disposed
of to Chinese nationals within three years after the completion of the
registration of inheritance. If the land is not duly disposed of within this
time limit, the competent Municipal or County (City) Government shall
transfer it to the National Property Bureau for public tendering. The
procedure for public tendering provided by Article 73-1 shall, mutatis
The provisions referred to in the preceding paragraph shall, mutatis
mutandis, apply to the acquisition of land, listed in (1) to (7) above,
through inheritance before the revision of this Act, where the registration
of inheritance has not yet been completed.
those aliens may acquire or create rights over land in the Republic of China
who are nationals of States that have diplomatic relations with the Republic
of China and permit, according either to treaty or to their municipal Acts,
Chinese nationals to enjoy the same rights in their respective countries.
may acquire land of the following usages for self use, investment and public
welfare, but the area and location of such land shall be subject to
restrictions imposed according to Act by the competent Municipal or County
(2) Business place, office buildings, shops and factories.
(5) Schools for the children of aliens.
(6) Diplomatic and consular buildings and office buildings of organizations
for the promotion of public welfare.
(8) Investments helping important construction in the country, the economy as
a whole, and agriculture and pasture, which have been approved by the central
authority in charge of the business.
A regulation governing the procedure for application, documents to be
attached, the method of examination and other regulatory matters shall be
enacted by the Executive Yuan.
leasing or purchasing land for any one of the purposes specified in the
preceding Article, aliens shall submit jointly with the original landowner a
written request to the competent Municipal or County (City) Government for
examination and approval.
Aliens shall file an application together with related documents to the
competent Municipal or County (City) Government for approval if they intend
to acquire land for the usages referred to in the preceding Article. This
applies to where there is a change of usages for the land or a transfer of
landownership except through inheritance. An acquisition according to Section
(8) of the preceding Paragraph requires the advance approval of the central
authority in charge of the business.
The Municipal or County (City) Government shall decide whether an application
within the terms of the preceding paragraph is to be approved within 14 days
of receipt and shall then refer the matter to the Central Land Administration
for examination after approval.
Aliens shall use the land, acquired according to Section (8) of the preceding
Paragraph, within the prescribed time limit and usage. Aliens shall apply to
the central authority in charge of the business for an extension with full
explanation of the causes, if they fail to use the land within the prescribed
time limit. The competent Municipal or County (City) Government shall
instruct the landowners, if they fail to use the land according to the
prescribed time limit and usage, to dispose of their land within three years
of receiving such notification. If they fail to dispose of the land after the
expiration of the said period, the competent Municipal or County (City)
Government may directly invite a public tender, and return the proceeds to
the landowners. Any improvements thereto may be disposed of together.
Rules governing the procedure for public tender, the calculation of proceeds,
the treatment of objections and other matters to follow, shall be formulated
by the Executive Yuan.
who have leased or purchased land and have the lease or purchase duly
registered shall enjoy rights and be liable for obligations according to Acts
Regulations Governing Land
Acquisition by Aliens for Investments in Major National Infrastructure Projects,
Overall Economic Development, or Agricultural and Animal Husbandry Industries
Regulations are established in accordance with the provisions specified in
Paragraph 2, Article 19 of the Land Law
(hereinafter referred to as "the Law").
in major infrastructure projects, overall economic development, or
agricultural and animal husbandry industries
mentioned in Item 8, Paragraph 1, Article 19 of the Law refer to:
A．Investment in major
infrastructure projects means investment in projects approved by the central
concerned or reported to Executive Yuan for approval.
overall economic development means investments as listed below:
(1)Development of tourist hotels, entertainment and tourist facilities, sport
centers or stadiums.
(2)Residences and buildings.
(3)Industrial plants or factories.
(4)Development of industrial zones, business and industry complexes, high
technology scientific parks and other special zones.
(6)Public infrastructure construction.
(7)Development of new cities/towns and new communities, or urban renovation.
(8)Other permissible investments announced by the central government
agricultural and animal husbandry industries means investments that comply
with the categories and criteria
of technical intensive and capital-intensive agriculture specified and
announced by the Council of Agriculture (COA), Executive
acquiring land in compliance with Item 8, Paragraph 1, Article 19 of the Law
shall file a land acquisition application
with the following required documents required to the competent central
A. Identity documents of the applicants; in case of foreign corporate body,
the corporate license documents shall be required.
B. Investment proposals.
C. Transcripts of land registration and cadastral maps; in case of land for
urban planning, the certificate of land zoning for
urban planning shall be submitted; in case of farmland, the certificate of
farmland for agricultural purpose or certification of
compliance with restrictions of land use.
D. Reciprocal treaty/agreement documents that are notarized by the ROC
embassies, consulates, representative offices or other
agencies authorized by the Ministry of Foreign Affairs (MOFA), Taiwan, ROC.
This requirement may be waived for
applicants from the countries listed in the List of Reciprocal Nations for
Aliens Acquiring Land in Taiwan, ROC.
E. Other relevant documents.
Presentation of the required documents listed in the previous paragraph may
be waived if the documents are submitted together
with investment proposals or have already been filed.
license documents required in Item 1, Paragraph 1, of the preceding Article 3
means the licenses that are issued to the
foreign corporate body in accordance with the laws of the Republic of China
investment proposal referred to in Item 2, Paragraph 1, of Article 3, shall
explicitly state the name of the project, land
location and requirements as specified by the competent central government
documents mentioned in Item 4, Paragraph 1, of Article 3 mean the documents
issued by the authorities of the
applicant's home country stating that the ROC nationals are entitled to enjoy
the same rights and interests in these countries. If
regulations governing aliens' acquisition of land rights are formulated by an
individual territory administration in the applicant's
country, these documents should be documents stating that the ROC nationals
are entitled to enjoy the same rights and interests
in the said territory administration.
an investment project by an alien in accordance with Article 3 involves two
or more competent central government
authorities, the applicant shall submit the application to the one competent
central government authorities most closely related to
the main project. In case the competent central government authorities fail
to determine the nature of the project, the Executive
Yuan may designate one competent authority for the project.
competent central government authority may consult with relevant agencies
when reviewing the applications, and invite the
applicant to be present for consultation
competent central government authority shall notify the applicant of the
approval by written confirmation a send a copy of
the confirmation to the municipal or county government where the land is
located. If the application is rejected, the central
government authority shall state the reasons and notify the applicant in
The content of written approvals shall include:
A．The application duly
approved shall be processed in accordance with Paragraph 1, Article 20 of the
B．The exploitation of
land involving the assessment of environmental impact, water conservation,
land zoning and alteration
of land use and land exploitation shall be made in accordance with laws and
regulations relating to individual projects.
format of the application specified in the Regulations shall be determined by
the Land Administration Authority of the
Regulations shall come into force on the date of their promulgation
Department of Land Administration, Taipei City Government