What is the restriction for aliens to buy or sell domestic land or constructions? And what is the transaction process?
A: 1. In principle, for aliens to obtain or set up land rights in the Republic of China, it is restricted or on condition that, by mutual international treaties or by the domestic laws in Aliens' countries, the Republic of China must also enjoy the same rights in Aliens' countries. 2. Lands 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. (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. Above-mentioned transfer does not include land obtained via inheritance. However, the inherited land must be sold within three years after the completion of inheritance registration. Once overdue and not sold, the land will be publicly auctioned after it is submitted to National Property Bureau by metropolises, counties or cities. Related regulations of article 73-1 in Land Act apply for the auction process. Aforementioned regulations also apply for various lands inherited according to article 73-1 before the amendment of Land Law. 3. Aliens 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 Special Municipality or County / City Government: (1)Residences. (2)Business place, office buildings, shops and factories. (3)Churches. (4)Hospitals. (5)Schools for the children of aliens. (6)Diplomatic and consular buildings and office buildings of organizations for the promotion of public welfare. (7)Cemeteries. (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. 4. Process for Transaction Application: when aliens are to obtain land according to above articles, in order to meet the objective to simplify the process for application via one single window, the applicant may apply for the transaction alongside other ordinary applications of registration at the local land office. Once reviewed in the land office as no error, the registry will fill in brief report form in three copies of the same form and send them with an official document to the Taipei City Government for approval. As for those that obtained according to above-specified article 8, the application must be proved beforehand by supervising institutes in central authority that are in charge of designate purposes.
