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FAQs

FAQs

3. FAQs

 

(1)   Q:   What kinds of situation for foreigners acquiring lands for investment need the approval from the competent central government authorities?

Ans:

AInvestment in major infrastructure projects means investment in projects approved by the central government authorities
concerned or reported to Executive Yuan for approval.
B
Investment in 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.
(5)Tidal land.
(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 authorities concerned.
C
Investment in 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
Yuan.

 

 

(2)   Q:  How to purchase land rights?

Ans:

1.RequirementsOnly foreigners whose home countries, according to treaties or their domestic laws, entitle ROC nationals to the same rights may acquire land in Taiwan, ROC. (Article 18, Land Act)
2. Types of Land: Land for forestry, hunting reserves, salt plants, mineral deposits exploitation, water resources, military base and areas, and land adjacent to the national frontiers shall not be transferred to, used as collateral by, or leased to foreigners. (Article 17, Land Act)
3.Usage of Land: The usage of land leased or purchased by foreigners is limited for residences, business sites, office buildings, shops, factories, churches, hospitals, schools for children of foreigners, diplomatic and counselor building, building of organizations for the promotion of public welfare, and cemeteries. In addition, foreigners may be allowed to acquire land for investments helpful or useful in major infrastructure projects, overall economic development, or agricultural and animal husbandry industries that are approved by the competent authorities .(Article 19, Land Act)
   1. Regulations: the Article 17 to 20, Land Act of the Republic of China. 
  2. Where to apply: Land Registration Office where the land is located. 
  3. Processing time: 7 to 14 working days 
  4. Fee: (1) Application for approval: Free (2) Registration Fee: 0.1% of the official value of the real property. 
  5. Procedures for Foreign company purchasing estate in Taiwan, R.O.C.: If a foreign company opens a branch office in Taiwan for the first time, it should file a license application to the Ministry of Economic Affairs. A foreign company recognized by Taiwan laws acts as a subject of rights so that it may be allowed to acquire land in Taiwan.
  6. NoteIf the nation of the foreign applicant, who is acquiring the rights and interests on land in the Republic of China, is listed in the following table, the Reciprocal document shall not be submitted.
List table of reciprocal nations for foreigners acquiring land in Taiwan, ROC 

 

(3)   Q:  What is the restriction when a foreigner is acquiring the land rights?

Ans:

According to the land regulations, Lands of the following descriptions shall not be transferred or leased to foreigners, nor may encumbrance on them be created in favor of aliens:
1. Forest lands.
2. Fisheries.
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 national frontiers.
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 Special Municipality or County / City Government shall transfer it to the National Property Bureau for public tendering. The procedure for public tendering provided by Article 7 3-1 shall, mutatis mutandis, apply.
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.
Article 18 Only those aliens may acquire or create rights over land in the Republic of China who is 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.

 

(4)   Q:  Can foreigners acquire or inherit land rights?

Ans:

Only foreigners whose home countries, according to treaties or their domestic laws, entitle ROC nationals to the same rights may acquire or inherit land in Taiwan, ROC. 

  • Hit: 49052
  • Updated: 2016/3/3 11:15
  • Reviewed: 2016/3/3 11:15

  • Source: Department of Land Administration, Taipei City Government
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