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Title: Statute for Encouragement of Private Participation in Transportation Infrastructure Projects CH
Amended Date: 2015-06-17
Category: Ministry of Transportation and Communications(交通部)
Chapter 1 General Provisions
Article 1
The Statute is enacted to encourage private participation in transportation infrastructure projects, upgrade the level of service in the transportation and enhance social economic development.
Article 2
Encouragement of private participation in transportation infrastructure projects shall be governed by provisions in the Statute. For matters not provided herein, other relevant laws shall govern.
Article 3
The competent authorities specified in this Statute include: the Ministry of Transportation and Communications; the authorized municipal government in the municipality; the county (city) governments in the county (city). Matters provided herein involving functions of competent authorities having primary jurisdiction over the enterprises shall be handled by the competent authority in conjunction with the competent authority having the primary jurisdiction over the enterprise concerned.
Article 4
The private entity referred to herein shall be defined as a company established under the Company Law and if it has investment or donation from the government or any state-owned enterprises, the total amount of such equity investment or donation shall not exceed twenty percent (20%) of the total capital or the total assets of the private institution.
In the case of private organizations participating in construction and operation of the Taiwan North-South High Speed Rail Project, the total amount referred in the preceding paragraph shall not exceed fifty percent (50%) of the total capital or the total assets of the private institution.
Article 5
The encouragement under this Statute shall be limited to building and operating the following categories of transportation infrastructure projects:
1.Railways
2.Highways
3.Mass Rapid Transit System
4.Airport Terminals
5.Harbors and Related Facilities
6.Parking Lots
7.Major Tourism and Recreation Facilities
8.Bridges and Tunnels
Article 6
Participation of private entities in the transportation infrastructure projects referred to in the preceding Article is limited to the following manners:
1.To invest in the building and operation of a government-planned transportation infrastructure project approved for private participation, either in whole or in part.
2.To invest in the operation of a government-built transportation infrastructure project approved for private participation, either in whole or in part.
3.To invest in the building and operation of an approved private-planned transportation infrastructure project.
Article 7
The competent authority may, depending on the feature of each transportation infrastructure project and basing on the principle of fair competition, allow a private entity to operate a transportation infrastructure project within a prescribed period and collect royalty from said entity.
Matters relating to royalty collection referred to in the preceding Paragraph shall be expressly provided for in the relevant investment agreement.
Article 8
For building any of the transportation infrastructure projects referred to in Article 5, the competent authority may build a transportation infrastructure project with fund provided by business firms and reimburse the same in installments after completion thereof.
The competent authority which intends to build a transportation infrastructure project in the manner referred to in the preceding Paragraph, must submit its construction and financial plans to the Executive Yuan for prior approval, or have the plans approved by the local government concerned and appropriate the budgets for the credit and construction project through normal budgetary process to effect project contracting and construction accordingly.
If the project contracting and construction referred to in the preceding Paragraph has been estimated and examined by government authority in charge of said project, the credit and construction project of the estimated and examined portion shall be deemed executed.
The business firm referred to in Paragraph 1 shall mean a government or private enterprise established by law.
Chapter 2 Land Acquisition and Development
Article 9
Where the transportation land for a transportation infrastructure project encouraged under this Statute involves change of urban planning, the competent authority shall coordinate with the government authority in charge of urban planning to effect changes in accordance with Article 27 of the Urban Planning Law, or if change of use of non-urban land is involved, to effect change of land classification after acquisition of the land through expropriation or appropriation.
The transportation land referred to in the preceding Paragraph shall mean the land needed for transportation routes, yards/stations, highway interchanges, service areas, and related ancillary facilities to the transportation infrastructure project referred to in Article 5.
Article 10
Where the transportation land for a transportation infrastructure project encouraged under this Statute and the land within the limits of district or section of land to be expropriated in accordance with Article 12 hereof is government-owned, the competent authority may, after completing appropriation procedures, set up a time limit to lease or create superficies on the land to private entity(s) for use, and this shall not be subject to restrictions provided in Article 25 of the Land Law and Article 28 of the State Owned Property Law and rentals may be extended on favorable terms.
Measures governing favorable rentals referred to in the preceding Paragraph shall be stipulated by MOTC in conjunction with the Military of Finance(“MOF”).
Article 11
Where the transportation land for a transportation infrastructure project encouraged under this Statute is private-owned, the competent authority may, depending on transportation construction requirements, effect expropriation thereof upon submission for approval in accordance with the law and may state in the expropriation plan that joint-development, entrusted development, and/or cooperative operation will be effected, or the land will be leased or superficies will be created thereon pursuant to the preceding Article to private entity(s) for developing, building and operating.
Article 12
The competent authority shall consult with the urban planning authority and land office concerned to demarcate the boundaries of routes, yards/stations, highway interchanges, service areas, transit areas, harbors and related facilities, tourism and recreation facilities, bridges and tunnels and the neighboring area thereof, in areas with potential of being developed into a city, effect expropriation by zone or section by law upon approval of the Executive Yuan, and announce implementation of land development according to the urban plan within one year after expiry of the notice period of said expropriation without being subject to restrictions provided in Article 52 of the Urban Planning Law.
The land within the limits of district or section to be expropriated pursuant to the preceding Paragraph shall be handled after it is mapped out and put in order in the following manners and in accordance with relevant laws and ordinances of expropriation by zone or section:
1.The transportation land for routes, yards/stations, highway interchanges, service areas, bridges and tunnels and related ancillary facilities shall be registered as state, municipality or county (city) owned land without any consideration; provided that the title of the land for mass rapid transit systems shall be subject to the provisions in the Mass Rapid Transit Act.
2.The land for a transit area, harbors and related facilities, and tourism and recreation facilities shall be assigned to the competent authority at the price of development cost.
3.Other land suitable for construction shall be disposed by the competent authority in conjunction with the relevant municipal or county (city) government according to the ratio of development cost shared by them.
The competent authority may lease or create superficies on the land acquired pursuant to the preceding Paragraph to private entity(s) in accordance with Articles 10 and 15 hereof, or use, collect benefits therefrom and dispose of the land without being subject to restrictions provided in Article 25 of the Land Law and Article 28 of the National Property Act. Measures governing such disposition shall be promulgated separately.
Article 13
To expedite acquisition of transportation land referred to in Article 11, the competent authority may coordinate with the administrative authority in charge of government-owned land or government enterprises to formulate development plans for the land administered or owned by them, develop/dispose of the land by law, and make available a certain area of land and/or buildings by offsetting compensation which should have been received by them.
The amount of compensation for land expropriated and price of land and building to be retrieved by land owners after development of the land as referred to in the preceding Paragraph shall be calculated on the same basis. Upon application, a land owner shall, during the period of the public notice of land expropriation, submit relevant certification documents and a written undertaking not to take land compensation from the land office of local city/county government. After the application is approved by the competent authority, compensation for land shall be deemed complete and the competent authority shall notify the relevant administrative authority of the government-owned land or government enterprise.
Development or disposition of government-owned land referred to in Paragraph 1 shall not be subject to restrictions provided in Article 25 of the Land Law and Article 28 of the National Property Act.
Regulations governing the development, disposition and offset basis relating to owners of expropriated land retrieving developed land and/or buildings as referred to in Paragraph 1 and the implementation date thereof shall be promulgated by MOTC in conjunction with the Ministry of Economic Affairs(“MOEA”), Ministry of Interior(“MOI”), MOF, and the municipal government concerned and submitted to the Executive Yuan for approval.
Article 14
To effectively utilize transportation land, the competent authority may, after coordinating with MOI or the municipal government concerned, adjust or properly relax land use zoning control or regional land use control, and develop and build the land for use by the following businesses:
1.Transportation service and commercial businesses;
2.Parking service;
3.Transportation vehicle maintenance service; and
4.Petrol stations service.
Article 15
A private entity encouraged under this Statute may acquire land prescribed in Article 12 by way of lease or creation of superficies for development and operate thereon business as referred to in the preceding Article. Gains therefrom shall be considered as income from ancillary business of a transportation infrastructure project and included in the overall financial gains of the transportation infrastructure project.
If operation of said business as referred to in the preceding Paragraph requires approvals from other relevant authorities in accordance with the law, such approval(s) shall be applied for.
Article 16
The approved period of use of land expropriated under Article 11 and 23 shall be subject to the period provided in the approved plan. In case the competent authority fails to use the land in accordance with the approved period in the plan, the original land owner may, within five(5) years from the following day of expiry of the approved period, apply for return of the land at the original expropriation price with the land office of county(city) government concerned.
Article 17
Upon approval of superior authority in respect the transportation land for transportation infrastructure projects encouraged under this Statute, the competent authority shall notify the municipal or county(city) government where the land is located to publish a notice prohibiting the following:
1.Transfer, division of or creation of encumbrance on the land.
2.New construction, expansion or reconstruction of buildings on or excavation of soil or gravel from or deforming the land.
The prohibition period referred to in the preceding Paragraph shall not be more than two(2) years.
Article 18
For maintaining the safety of building and operation of a transportation infrastructure project encouraged under this Statute, the competent authority may consult with the local municipal or county(city) government to make a survey, to demarcate the restricted areas adjacent to the transportation infrastructure project, and to publish the same for prohibiting and restricting the construction or erection of government/private owned buildings and advertising structures within such restricted areas, without being subject to the land use zoning control or regional land use control under the urban planning. With regard to the buildings, advertising structures and other obstacles which are under construction or already in existence within such restricted areas and which impede the safety of the building and operation of said transportation infrastructure project, the competent authority may instruct or consult with the local authority in charge of constructions to set a time limit for modification or removal thereof by the owner. Failure to do so on the part of the owner within the given time limit shall cause a compulsory removal thereof, provided however, that the owner shall be entitled to a reasonable amount of compensation; and if the owner objects to the amount of such compensation, the case shall be referred to the superior competent authority for decision.
Regulations governing the prohibition and restriction of construction referred to in the preceding Paragraph shall be prescribed jointly by MOTC and MOI.
Article 19
Where a transportation infrastructure project to be built by a private entity encouraged under this Statute needs to pass through over or under government or private owned land, an agreement shall be entered into with the relevant administrative authority of land or the land owner in respect of the scope of space required so as to obtain the superficies for the use of such land. If such an agreement cannot be reached on a government-owned land, said private entity shall apply, through the competent authority concerned, to the Executive Yuan for final decision without being subject to the restrictions provided in Article 25 of the Land Law. If such an agreement cannot be reached on a private-owned land, the superficies related to said land shall be obtained by the government mutatis mutandis in accordance with the regulations governing expropriation of land and shall thereafter be leased to said private entity for its use, with the preferential rental to be determined mutatis mutandis in accordance with the provisions of Article 10 hereof.
In the event the land referred to in the preceding Paragraph becomes not suitable for proper use due to the passing through of the route of the transportation infrastructure project constructed under this Statute, the land owner may, during the period from the start-up date of the construction till the elapse of one year after the commencement date of operation of said transportation infrastructure project, apply to the competent authority for expropriation of the ownership of said land, and the competent authority concerned shall not reject such application. The value of the land so expropriated shall be compensated for in accordance with the applicable law; provided, however, that the consideration originally paid for obtaining the superficies on said land shall be deducted therefrom.
Regulations governing the procedures for use of the space over or under the land, the scope of such use, the demarcation of the boundaries and creation of superficies, land expropriation, land value compensation, and the registration and approval of land title alteration referred to in the preceding two Paragraphs shall be prescribed by MOTC in conjunction with MOI.
Article 20
Where a private entity encouraged under this Statute plans to build a transportation infrastructure project above or underneath a city road, highway, railroad, or other transportation systems or public facilities, it shall obtain a prior approval from the respective competent authorities concerned. If co-installation or co-construction is required, the competent authority shall assist said private entity in obtaining prior consents from the respective competent authorities concerned before proceeding with the proposed construction project. Upon failure to obtain the prior approval from or to conclude a satisfactory coordination with the respective competent authorities concerned, a report of the case stating therein the reasons thereof shall be submitted, through the competent authority, to the Executive Yuan for final decision before proceeding with the proposed construction project.
Article 21
Where a private entity encouraged under this Statute needs to make site survey, exploration, or to perform engineering work or maintenance work on government/private owned land or building, it may, after obtaining approval of the competent authority and giving a 15-day prior notice to the owner, possessor, user or administrator of such government/private owned land or building, have access to or use such land or building, and the owner, possessor, user or administrator of such land or building shall not refuse to provide such access or use; provided, however, that in serious damage to public interests, said private entity may enter or use such land or building without following the above-said procedure.
The private entity when entering or using a private-owned land or building pursuant to the proviso of the preceding Paragraph, shall invite the head of the local rural office or local sub-district, or the police to attend the scene.
Where the entity into or use of the land or building under Paragraph 1 has caused any damage, a compensation for such loss shall be made. If there is any dispute on the amount of such compensation, the case shall be referred to the competent authority for a decision.
Article 22
In making use of government/private owned land or building pursuant to the preceding Article, if it is necessary to destruct or dismantle the building or other works on the land in full or in part, the private entity concerned shall first report to the competent authority, and the competent authority shall consult with the local competent authority in charge of construction to order, pursuant to law and regulations, the owner, possessor or user thereof to effect such destruction or dismantlement. In case of emergency or failure to do so on the part of the owner, possessor or user thereof within a given period of time, the competent authority may forthwith, either on its own or entrust the local competent authority to enforce the compulsory destruction or dismantlement.
Reasonable compensation shall be made for the destruction and dismantlement as well as the damages arising from the destruction or dismantlement of the building or works under the preceding Paragraph. Should any dispute on the amount of such compensation arise, the case shall be referred to the competent authority for a decision.
Article 23
The earth excavating/dumping site which is designated by the competent authority in conjunction with other relevant authorities based upon the needs of building transportation infrastructure projects encouraged under this Statute may be expropriated or appropriated by the competent authority to be subsequently provided for use by the private entity, through an arrangement of leasing or creating superficies.
If a private entity intends to make use of the earth excavating/dumping site pursuant to the preceding Paragraph, it shall prepare an earth excavating/dumping plan and submit the same to the competent authority for prior approval after the competent authority’s consultation with other relevant authorities.
If the land referred to in Paragraph 1 is acquired through expropriation, the competent authority concerned shall, after completion of the earth excavating/dumping, notify the land owner to buy the land back at the original expropriation price within six(6) months. Failure to buy back within such period shall be considered a waiver of such recovery right by the owner.
Provisions in Paragraphs 1 and 3 shall not be subject to restrictions provided in Article 28 of the National Property Act.
Article 24
A private entity encouraged under this Statute may, based upon the needs of performing construction work, after reporting to the competent authority and obtaining approval from the relevant administering authority through the competent authority’s coordination, make use of a river, ditch, culvert, dike, road, park and other land for public use.
Chapter 3 Financing and Taxes Benefit
Article 25
If a transportation infrastructure project encouraged under this Statute is evaluated by the Selection Committee that the private entity does not have adequate self-financing ability even if other encouragement measures under this Statute are applicable, the government may subsidize part of interest on the loan needed which is not to be paid off by said entity or invest in part of the construction.
Regulations governing the government subsidy or investment referred to in the preceding Paragraph shall be stipulated by MOTC through consultation with MOF and submitted to the Executive Yuan for approval.
The government subsidy and investment referred to in Paragraph 1 shall be budgeted by the competent authority concerned.
Article 26
The competent authority may, based upon the financing needs of transportation infrastructure projects, coordinate with financial institutions to grant long term preferential loans to the private entities encouraged under this Statute. The term and the line of credit of such loans shall be free from the limitations prescribed in Articles 33-3, 38 and 84 of the Banking Law.
The difference in interest under the long term preferential loans referred to in the preceding Paragraph shall be subsidized and budgeted by the competent authority concerned.
Regulations governing the long term preferential loans referred to in Paragraph 1 shall be prescribed by MOTC in conjunction with MOF.
Article 27
A private entity encouraged under this Statute may issue corporate bonds after it has been approved by the competent authorities to operate and to make public offer of its shares, regardless of whether its shares are listed on any stock exchange or not.
Regulations governing examination and approval of the issuance of corporate bonds referred to in the preceding Paragraph shall be stipulated by MOTC in conjunction with MOEA and MOF, and shall be subsequently submitted to the Executive Yuan for approval.
Article 28
A private entity encouraged under this Statute may be exempted from the business income tax for a maximum period of five(5) years from the year in which taxable income is derived after the commencement of operation of the transportation infrastructure project concerned.
A private entity eligible for the incentive referred to in the preceding Paragraph may within four(4) years from the year in which taxable income is derived after the commencement of operation of the transportation infrastructure project concerned, elect, at its own discretion, to defer the commencement date of the tax exemption period; provided, however, that the maximum period of such deferment shall not exceed three(3) years. The commencement date of such deferred tax-exemption period shall be the first day of a fiscal year.
The scope and the length of period for actual application of the tax exemption benefit referred to in Paragraph 1 shall be determined by MOF through consultation with MOTC and submitted to the Executive Yuan for approval.
Article 29
A private entity encouraged under this Statute may credit 5% to 20% of the amount of the following expenditures against the business income tax payable for the then current year. In case the amount of business income tax payable for the then current year is less than the amount of creditable expenditures, the balance of such creditable amount may be credited against the amount of business income tax payable for the four(4) ensuing years:
1.Capital expenditures invested in building, operation equipment or technology.
2.Capital expenditures invested in procurement of pollution control equipment or technology.
3.Capital expenditures invested in research and development, and personnel training.
4.Other investment expenditures as approved by the Executive Yuan.
The total amount of investment tax credit against payable income tax in each year referred to in the preceding Paragraph shall be limited to the amount not exceeding 50% of the business income tax payable for the then current year; provided, however, that this limitation shall not apply to the creditable amount in the last year of said four-year period.
The scope of application of the items of investment credit referred to in Paragraph 1, the period of implementing the investment credit incentive and the rates of investment credit against tax shall be determined by MOF through consultation with MOTC and submitted to the Executive Yuan for approval.
Article 30
The machinery, equipment, special transporting vehicles, training apparatus and the required parts/components thereof which are imported by a private entity encouraged under this Statute for use in building the transportation infrastructure projects concerned shall be exempted from customs duties; provided that the purpose of use of such items is confirmed by MOTC, and it is certified by MOEA that such items have not yet been manufactured and supplied domestically.
For the machinery, equipment, training apparatus, electric multiple unit, high-speed railway cars and the required parts/components thereof which are imported by a private entity encouraged under this Statute for use in the operation of the transportation infrastructure project concerned as confirmed by MOTC with proper tax guarantees for installment payments of the customs duties leviable thereon after expiry of one year from the commencement date of business operation of the the transportation infrastructure project concerned.
In case the items referred to in Paragraph 1 imported by a private entity encouraged under this Statute have been manufactured or supplied domestically and such fact has been confirmed by MOTC, proper tax guarantees may be furnished for installment payment of the customs duties leviable thereon after expiry of one year from the completion date of the transportation infrastructure project concerned.
For cases eligible for installment payments of customs duties pursuant to Paragraphs 2 and 3, if the items so imported are used for purposes other than those originally approved prior to the full payments of customs duties due, the installment payment schedule originally approved shall be abolishment, and the outstanding customs duties shall be collected. In addition thereto, the case shall be dealt with in accordance with the provisions of Article 51 of the Customs Law.
Regulations governing exemption and installment payments of customs duties referred to in the Paragraphs 1 through 3 shall be determined by MOF through consultation with MOTC.
Article 31
Land value tax, house tax leviable on real estates during the period of building and operation of the approved transportation infrastructure project, and deeds tax leviable on real estates at the time of procurement, may be appropriately reduced or completely exempted as the case may be, provided that said real estates are for direct use by a private entity eligible for encouragement under this Statute.
Criteria for tax reduction or exemption referred to in the preceding Paragraph shall be determined by MOF through consultation with MOTC and be submitted to the Executive Yuan for approval.
Article 32
In case a private entity encouraged under this Statute suffers serious damages as a result of a natural disaster occurring during the period of its operation, the competent authority shall coordinate with financial institution(s) for an arrangement to extend a serious natural disaster damage recovery loan to said private entity.
Article 33
Where the registered stocks issued by a private entity encouraged under this Statute upon its incorporation or expansion are held by any individual or profit-seeking enterprise who/which is the original subscriber of such registered stocks for a period over two(2) years, such individual or profit-seeking enterprise may credit up to 20% of the price for acquiring such stocks against the consolidated income tax or business income tax payable by the investor for the then current year. In case the amount of tax payable is less than the amount of creditable expenditures, the balance of such creditable amount, may be credited against the payable income tax in the four(4) ensuing years.
The total amount of investment credit against payable income tax in each year referred to in the preceding Paragraph shall be limited to the amount not exceeding 50% of the amount of the consolidated income tax or the business income tax payable for the then current year by the individual or profit-seeking enterprise; provided, however, that this limitation shall not apply to the creditable amount in the last year of said four year period.
Article 34
Provisions in this Chapter shall not apply to any ancillary business entity operated by a private entity encouraged under this Statute.
Chapter 4 Application and Examination
Article 35
In respect of a transportation infrastructure project to be built and/or operated by a private entity pursuant to Item 1 or 2, Article 6 hereof, the competent authority shall announce the programmed contents of building and/or operating said transportation infrastructure project as well as qualification of investors in a public notice to solicit private participation.
An applicant for building and/or operating a transportation infrastructure project shall acquire from the competent authority concerned the relevant information of the program before expiry of the deadline given in the public notice.
Article 36
An applicant for participating in building and/or operating a transportation infrastructure project shall, before expiry of the deadline given in a public notice referred to in the preceding Article, prepare qualification documents, land utilization plan, building plan, operating plan, financial plan and other information required in the public notice and file an application with the competent authority concerned.
Article 37
A competent authority shall organize a Selection Committee to examine and evaluate applicants’ building and/or operating capabilities, soundness of company organizations, feasibility of financial plans, gains from ancillary business, amounts of royalty to be paid, and government subsidies and investments requested on a fair basis and select the best from them.
The period for examination referred to in the preceding Paragraph shall be determined on a case-by-case basis with a notice to the applicant.
Regulations governing organization of and review by the Selection Committee referred to in Paragraph 1 shall be prescribed by competent authorities at various levels in conjunction with government agencies concerned. More than one third of members of the Selection Committee shall be specialists and scholars and the review process shall be made public.
Article 38
A private entity if evaluated as the best applicant by the competent authority concerned shall from the date of receipt of a notice proceed with all preparatory work according to the schedule provided in the evaluation papers, complete contract execution with the competent authority concerned, and start to build and/or operate in accordance with the law.
Article 39
A private entity applying by law for participating in transportation infrastructure project by its own planning as referred to in Item 3, Article 6, shall prepare a land utilization plan, building and/or operating plan, financial plan and other documents required by law and ordinances, and submit the same to the competent authority for examination.
Only after approval of the same and acquisition of the title of land or the right to use the land by itself or with government assistance in accordance with the stipulated schedule and the land utilization plan approved by the government, can it start to build and/or operate.
Chapter 5 Supervision and Administration
Article 40
A private entity may, based on the following factors, set the fare rate for operating the transportation infrastructure project encouraged under this Statute and the schedule and method for adjustment of such fares in the financial plan of its application:
1.Cost expenditures for planning, building and/or operating and other financial matters;
2.Income from operating and ancillary businesses;
3.Number of years for the period permitted;
4.Payment of royalties;
5.Price Index;
6.Market competition; and
7.Other related factors.
The fare rate and schedule and method of adjustment thereof referred to in the preceding Paragraph shall be reported to the competent authority concerned for approval and be subsequently announced in a public notice before implementation.
The competent authority, before granting approval pursuant to the preceding Paragraph, shall refer the matter to the relevant fare rate reviewing committee for review.
Article 41
Where the difference between actual operating revenue and expenditure recorded of a private entity encouraged under this Statute during the period of operation and the operating revenue and expenditure stated in its originally approved financial plan reaches a certain threshold, the amount of its royalty payment may be adjusted by the competent authority ex officio or upon request of said private entity.
The threshold of difference and the method of adjustment of royalty payment referred to in the preceding Paragraph shall be prescribed by the competent authority.
Article 42
A private entity shall not assign, lease or make as object of execution in a civil action the right to build and/or operate a transportation infrastructure project obtained under this Statute, nor shall it assign, lease or create any encumbrance on any asset and/or equipment obtained from building and/or operating the transportation infrastructure project without consent from the competent authority concerned; otherwise the assignment, lease or creation of encumbrance shall be pull and void.
Article 43
Should serious delay in work schedule, major faults in quality control of the construction work, poor operation, or other grave mistakes occur during the period of building and/or operation by a private entity encouraged under this Statute, the competent authority concerned may take the following measures:
1.To order an improvement within a given time limit.
2.To stop part or all of the construction work or operation in case no improvement is made within the given time or the improvement is ineffective.
3.In case a punishment of cease of construction work or operation continues for more than six(6) months without any improvement, the building or operation permit shall be revoked.
In respect of the measures prescribed in the preceding Paragraph, in case of emergency where a delay is likely to result in serious damage to public interests or safety of transportation, cease of part or all of the construction work or operation may be ordered.
In case a cease of part or all of the construction work or operation, or abolishment of operating permit is ordered pursuant to Paragraphs 1 and/or 2, the competent authority shall take proper measures to continue transportation service without any interruption and, if necessary, may compulsorily take over the operation in accordance with regulations governing compulsory take-over of operation, which shall be prescribed by MOTC.
Article 44
If a private entity encouraged under this Statute is punished with repeal of its building or operating permit, the superficies and lease agreement of the land obtained by it under this Statute shall be terminated and the competent authority concerned may compulsorily purchase the necessary and usable operating assets and on-going construction.
The operating assets and on-going construction compulsorily purchased by the competent authority may be assigned to another private entity approved by law to continue the construction or operation, or may be built or operated by a specailly designated government agency.
Article 45
A private entity encouraged under this Statute upon expiry of the operation period approved pursuant to Article 7 shall have all available operating assets assigned to the competent authority concerned generally with or without compensation pursuant to the original approved conditions.
Chapter 6 Additional Provisions
Article 46
Provisions in Chapter 2 hereof shall apply mutatis mutandis to a building and operating entity specially organized by the competent authority for transportation infrastructure projects encouraged under this Statute.
Article 47
The provisions of Articles 10 to 13, Article 16, Article 17, Article 19, Article 23 of Chapter 2, Articles 35 to 38 of Chapter 4, and Article 45 of Chapter 5 hereof shall not apply to private entities with self-developed plans to invest in the building and operation of any approved transportation infrastructure project pursuant to Item 3, Article 6 hereof.
The provisions of Article 9, Articles 14 and 15 of Chapter 2 hereof shall apply mutatis mutandis to private entities participating in transportation infrastructure projects with self-developed plans pursuant to Item 3, Article 6 hereof.
Article 48
Enforcement Rules of this Statute shall be promulgated by MOTC and submitted to the Executive Yuan for approval.
Article 49
This Statute shall be put into force as of the date of promulgation.
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