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

Print Time:2024/11/22 07:49
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Chapter Law Content

Chapter 1 General Principles
Article 1
These Regulations are adopted pursuant to Paragraph 4, Article 42, of the National Property Act (hereinafter referred to as this “Act”).
Article 2
The administration authority stipulated in these Regulations is the National Property Administration (NPA), Ministry of Finance (MOF).
The Lessor stipulated in these Regulations are the branches of the NPA, MOF.
Article 3
Unless otherwise specified in other relevant Acts, lease operations may be conducted for non-public use real estate.
Methods of the lease for the above-mentioned estate include lease by tender or lease directly.
The provisions of these Regulations do not apply to national farmland for farming or animal husbandry use. The aforementioned farmland shall be leased in accordance with the Regulations of Leasing National Farmland as stipulated in Paragraph 1, Article 46 of this Act.
Article 4
If the leasehold relationship of the non-public use real estate has become non-periodic, written notice shall be sent from the Lessor to the lessees, reminding them to apply for a written covenant to be instituted within 3 months. If a lessee fails to institute a covenant in writing within the stipulated period, the administration authority may entrust the Lessor to terminate the leasehold relationship in accordance with Article 68-1 of the Regulation for the Enforcement of this Act.
In case of death of the lessee, the stipulated period mentioned in the preceding Paragraph may be extended to 6 months.
Article 5
The rental rates stated in these Regulations refer to the rate of annual rent, calculated according to the following standards:
(1) Building lot: current total of the declared land value of the subject land.
(2) Constructional improvements: the current price of house tax
(3) Cultural land and other agricultural land: current total harvest of the principal product, converted into monetary substitution, when the local government makes a public announcement.
Rent calculation and collection for afforestation areas shall be handled in accordance with the regulations stipulated by the central forestry organization governing the timber disposition of forestry products of leased national forests, at the time of felling of the trees or bamboo.
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