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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/05/29 14:57
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Chapter Law Content

Chapter Three Acquisition and Utilization of Land and Buildings
Article 11
The Administration may apply for any government owned plots of land in the Park to be transferred to the Administration for its use in accordance with the laws. The Administration may request any plots of privately owned land in the Park to be:
1.expropriated with compensation in accordance with the laws;
2.The land owner may establish superficies or lease the land to the Administration to develop and utilize; or
3.jointly developed by the owner and the Administration in accordance with the development plan of the competent authority.
At least 30% of the total acquired land developed in the Park shall be dedicated for public facility uses and at least 10% as green land.
The Park Organizations may, if required, lease a plot or plots of land in the Park from the Administration. In addition to rent, the Park Organizations shall share the construction cost and expenses of public facilities. The rent payable under this Article shall not be subject to the restrictions in Article 105 of the Land Act.
Notwithstanding the limitations in Paragraph 3 of Article 440 of the Civil Code and Subparagraph 4 of Article 103 of the Land Act, if a Park Organization leases a plot or plots of land as set forth in the preceding paragraph to construct a building or buildings and the total amount of the overdue rent exceeds the amount of four months’ rent, the Administration may terminate the lease agreement and repossess the plot(s) of land.
Article 12
A Park Enterprise, an incubation center or a research institution may, having submitted its plans to and obtained approval of the Administration, build factory buildings and relevant research and production facilities in the Park; or the buildings or facilities may be built by the Administration and then leased to the Park Enterprises, incubation centers or a research institutions.
The factory buildings and relevant research and production facilities built by the Park Enterprises, incubation centers, or research institutions as referred to in the preceding paragraph shall be leased or sold to the Park Enterprises, incubation centers and research institutions that have been approved by the Administration only. The sale or rent prices of these buildings and facilities shall be submitted to the Administration for approval. The rent payable under this Article shall not be subject to the restrictions in Article 97 of the Land Act.
Article 13
If one of the following circumstances occurs, the Administration may notify in writing and request a Park Enterprise, an incubation center or a research institution to make improvements or vacate from their premises in the Park within 30 days of the date of the notice. If it fails to comply as requested, the Administration may expropriate, repossess or dispose of their premises:
1.Providing their factory buildings and relevant research and production facilities in the Park to an unapproved park enterprise, incubation center, or research institution;
2.Factory buildings and relevant research and production facilities are not used for the approved purposes of residency;
3.Overpricing the sale values or rent of the factory buildings and relevant research and production facilities in the Park; and
4.Those whose approval of residency are revoked and shall vacate from the Park in accordance with Paragraph 3 of Article 19, Article 32, or Paragraph 2 of Article 34, hereof.
Where the Administration expropriates or compulsorily repossesses or disposes of the factory buildings and relevant research and production facilities pursuant to the preceding paragraph, the Administration may determine a deadline and order the original owner to remove all the items stored in the said factory buildings and other structures, or the Administration shall remove the items for the owner. Expenses and damages incurred from the removal shall be borne by the original owner.
With regard to the factory buildings and relevant research and production facilities referred to in Paragraph 1 hereof, the procedures and methods of expropriation and the regulations of compulsory repossession and disposals of the premises shall be prescribed by the competent authority.
Article 14
A portion of the Park may be designated as amenity areas providing accommodation, food and beverages, shopping, entertainment, and other services and shall be developed and managed by the Administration in accordance with the schedule of the Park development. Employee accommodation shall be leased to the staff working in the Park Enterprises and Park Organizations only.
Besides amenity areas referred to in the preceding paragraph, the Park Enterprises may, having obtained approval of the Administration, build additional amenity facilities for their staff’s uses.
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