2. Regulations
1
Title: Land Act
Amended Date: 2011.06.15
Article17-20, Article 24
Article 17
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.
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 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 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.
Article 19
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 Municipal 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.
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.
Article 20
In 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.
Article 24
Aliens 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 and ordinances.
2
Title: Regulations Governing Land Acquisition by Aliens for Investments in Major National Infrastructure Projects, Overall Economic Development, or Agricultural and Animal Husbandry Industries
Amended Date: 2002.02.27
Article 1
These Regulations are established in accordance with the provisions specified in Paragraph 2, Article 19 of the Land Law (hereinafter referred to as "the Law").
Article 2
Investments 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 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.
Article 3
Aliens 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 government authorities: 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.
Article 4
The 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
Article 5
The 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 authorities.
Article 6
Reciprocal 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.
Article 7
When 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.
Article 8
The competent central government authority may consult with relevant agencies when reviewing the applications, and invite the applicant to be present for consultation
Article 9
The 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 writing.
The content of written approvals shall include:
A．The application duly approved shall be processed in accordance with Paragraph 1, Article 20 of the Law.
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.
Article 10
The format of the application specified in the Regulations shall be determined by the Land Administration Authority of the Central Government.
Article 11
The Regulations shall come into force on the date of their promulgation
