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

Print Time:2024/07/18 04:21
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Chapter Law Content

Title: The Commercial Port Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 2 Planning and Construction
Article 6
The complete planning and development plan of the commercial port area are designated by Commercial Port Administration Authority , commercial port authority, or other designated authorities, to consult and plan according to the opinions of local municipalities and county(city) of the commercial port. These are reported to the MOTC for relaying it to the Executive Yuan for approval and implementation.
Except for commercial port facilities, it is allowed to, within the port area, delimit various specialized zones, and establish export processing zones and free trade zones in accordance with actual situation of local area.
Article 7
The land needed for a commercial port that are state-owned, shall be requisitioned in accordance with relevant laws by Commercial port administration authority, or appropriated by the commercial port authority according to relevant laws. If the land is privately-owned, then the commercial port authority has to levy according to relevant law, or it has to be purchased with a negotiating price by Commercial Port Administration Authority and its owners, or achieve its using rights by other methods. Furthermore, when the negotiating price or rights of other methods have reached 50% of the planned new land area, and that other new land areas cannot be price shared or obtain using rights, then this land has to be levied according to relevant laws.
A commercial port construction plan shall specify the ownership of reclaimed land (if any). The land shall be registered in accordance with the plan after reclaiming, and be used and operated by the commercial port authority.
The reclaimed land mentioned above is registered as the manager of the commercial port authority, which should be invested in the property of Commercial Port Administration Authority or purchase made by the application of Commercial port administration authority.
The Maritime and Port Bureau may offer the state-owned land to the Commercial Port Authority for the use of development, construction or business operations by leasing, creation or investing the right of superficies for development, without subjection to Article 25 of the Land Act, Article 28 of National Property Law or local public property administration regulations.
The state-owned land mentioned above is offered to the international commercial port public facilities to implement or coordinate with government policy users, to provide usage of Commercial Port Administration Authority for free.
Commercial port authority, according to Paragraph 4, stipulates the rental or establishment of superficies towards the income of Commercial port administration authority, which should be paid to the port construction fund. However, commercial port authorities operate state-owned property surplus owned by local government, should be paid to the local government.
The methods, conditions, time limit, retrieval, rights and obligations, and other relevant items provided by properties of the fourth paragraph, should be regulated by its competent authority.
Article 8
Commercial Port Administration Authority , commercial port authorities, or designated authorities should provide needed locations for visitors, clearance of goods, and luggage inspection to customs, immigration, quarantine, and safety inspection etc. public right authorities for free. These locations do not need to pay land value tax.
The land obtained by Commercial Port Administration Authority inside the commercial port areas, should contain ten-thousandth of land value tax.
Commercial port areas should plan within the area a specialized official wharf that is needed by coastal guard authorities. The rental benchmark should be regulated by its competent authority.
Article 9
Except for the announced areas of relevant authorities or commercial port authorities, the construction, restoration, alteration or destruction of buildings and facilities within the commercial port area, should be consented by the commercial port authority or relevant authorities. The commercial port authority shall directly demolish those which were constructed or established in the absence of its approval.
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