Competent authorities may formulate general plans for utilization of agricultural lands and establish an adequate mode of use on the basis of the natural environments of agricultural lands, social and economical factors, technical conditions and farmers’ vulnerability, and in coordination with the use of any piece of agricultural land as delimited pursuant to the land-use zoning regulations stipulated in the Regional Planning Law and the Urban Planning Law.
The districts established pursuance to the general planning for the use of agricultural land of the preceding paragraph shall undergo a general review at least every five years, and necessary modifications shall be carried out in accordance with the changes of local developments.

Agricultural lands may be exempted from acquiring construction licenses for setting up temporary and non-fix foundation structures made of bamboos wood, straw, plastic materials, angle iron, steel wire fabrics or other materials for the purposes of agricultural production. City or county/ municipality governments may take into consideration the needs of local agricultural practices and enact regulations reviewing the setting-up of temporary and non-fixed foundation structures and structures in relation to agriculture production on agricultural lands.
Prior application for the uses of fixed foundation agricultural structures is required for constructing such structures on agricultural lands, and then application for construction licenses for such construction is required in terms of relevant laws. In the event that the surface area of the said structure is not more than 45 square meters and the structure has only one floor, exemption of application for the license may be granted. Agricultural lands may be exempted from acquiring construction licenses if prior to the implementation of this revised Act of January 13, 2003, the fixed foundation agriculture structures have already been built on agricultural lands, the surface area of each structure is not more than 250 square meters and the structures are safe for uses.
The provisions regulating the uses of the agricultural structures as stated in the preceding paragraph, the types, surface areas and heights of constructing the said structures, application procedures and other items to be complied with, are to be formulated by the central competent authority in concert with the concerned authorities.
The competent authorities formulate the standard design of the agricultural structures that are mostly demanded by farmers and can enhance the values added to farming practices. Those persons who adopt such design may be exempted from the design, supervision and construction of architects or construction from construction firms.

In maintaining the needs of agricultural development, the central competent authority shall coordinate overall development principles of territory plan, regulate the total amount of agricultural lands in demand and the quantity of agricultural lands of change, and comment and criticize such practices regularly.

In order to promote the development of rural areas and take into account the effective utilization of agricultural land resources and maintenance of production environment, the competent authority at the city/county level in concert with the concerned authorities may, based on the plans of local agricultural land resources and the needs of the developments of rural areas as a whole as well as the approval of the agricultural landowners, plan and exploit the agricultural lands through re-division of lands land re-division or levy of subdivision and section.
The central authorities shall hold a consultation conference to enact about the planning, coordination, practice and other related aspects of foregoing agricultural land utilization and exploitation.

The delimitation or change of agricultural lands to non-agricultural purposes shall not affect the integrity of production environments and shall be subject to the prior approval of the competent authorities. Requirements and procedures for the aforesaid change shall be subject to the governance of applicable laws which are yet to be drafted.
Matters with respect to the delimitation or change of agricultural lands to non-agricultural purposes prior to the taking effect of the applicable laws as stated in the preceding paragraph shall be governed by existing laws and regulations.

Deleted.

The change of land use as stated in the first paragraph of Article 10 shall be subject to the payment of a feedback fund based on its business nature of the land in use. The said fund shall then be submitted to the Agriculture Development Fund established by the central competent authority pursuant to Article 54 for the purposes of agricultural development and farmers’ welfare.
The payment and use of the monetary or in-kind donation of feedback nature or contribution for the change of land use as already stipulated in the respective laws of the business on the said land shall be proceeded pursuant to the governing law. In cases where the land is categorized as agricultural land, the exemption of payment is only applicable to those persons who had already made the payment prior to the taking effect of this revised Act of January 4, 2000; and in all other cases, authorities concerned shall allocate half of the payment collected, both monetary and in-kind, for the purpose as stipulated in the preceding paragraph.
The regulations of the payment, appropriation, allocation and the standard of payment of the feedback funds, monetary and in-kind fund, as stated in the first two paragraphs, shall be formulated by the central competent authority in concert with other authorities concerned.
The change of land use pursuant to the first paragraph of Article 10 may be exempted from the payment of feedback fund if any of the following is satisfied:
1. Government projects of public construction or welfare facilities.
2. Government projects of development of rural areas or facilities of farmers’ welfare.
3. Infrastructure or facilities in areas notified by the Ministry of Economic Affairs as land subsidence, or in designated remote areas or on offshore islands by the central competent authority.

In promoting farmland consolidation, the competent authority of land administration shall formulate overall planning in concert with the agricultural and water conservancy authorities and shall coordinate in implementing the said plan.

Deleted.

The competent authorities shall formulate overall planning for watershed management in concert with other authorities concerned. It shall also coordinate and promote the construction and the maintenance of such agricultural projects and public facilities, such as soil and water conservation, watershed protection and flood control, windbreaks, agricultural lands improvement, fishing ports, agricultural access roads, agricultural water supply, irrigation and drainage systems.

An arable land shall not be divided if each of the divided area is less than point two five hectares. Exceptions are as follows.
1. In the merging with a piece of adjacent arable land through purchase, division for the purpose of merger is allowed. Two or more than two pieces of adjacent lands of the same ownership are allowed for division or merger if the total number of lands under registration after the act remains the same.
2. A land which is partially changed to non-arable land pursuant to governing laws and the unchanged part with co-ownership but separated management may be divided.
3. An arable land which is inherited by legal successors after the enactment of this Act of January 4, 2000 may be divided as single ownership
4. A Co-owned arable land before the enactment of this Act of January 4, 2000 may be divided as single ownership.
5. The land governed by the “37.5% Arable Land Rental Reduction Act” may be divided and owned separately by the leaser and the lessee, provided both parties agree to terminate the lease agreement through land division.
6. Non-agricultural land consolidation region are to be changed to serve as farm irrigation/drainage waterways.
7. Other lands that are deemed necessary for the implementation of land or agricultural policies, or for the purposes of national development, and such necessity is approved by the central competent authority, may then be divided.
An owner of a co-owned land, who undertakes to acquire the title of single ownership of the land after the division of the land as stated in Items 3 and 4 of the preceding paragraph, shall obtain the other co-owner(s)’ agreement(s) or a court order first. The number of the sub-divided lands may not exceed the total number of the co-owners.

Agricultural lands which were acquired with self-owned capital or without any capitals and registered under the name of a natural person by existing registered temples, churches, churches which have been established in accordance with relevant laws, religion funds or farmers’ organizations prior to the enactment of this revised Act, may re-register the ownership under the name of the temple, the church or the church which have been established in accordance with relevant laws, the religion fund or the farmers’ organization within one year of the date of implementation of this revised Act of January 13, 2003.

Farmers, who acquire agricultural lands after the enactment of this revised Act of January 4, 2000 and do not possess a farmhouse for their own use, may apply for the construction of individual farmhouses or concentrated townhouses on their own agricultural land with the approval of the competent authorities at the city or county/municipality, provided that the construction does not affect agricultural production environment and the development of farm villages.
The agricultural land of the preceding paragraph shall be ensured for agricultural use; farmhouses which are built on self-owned agricultural land may be transferred only after five years of the construction. Exceptions are such that the transfer is due to inheritance or courthouse auctions.
Farmers, who had acquired agricultural lands prior to the enactment of this revised Act of January 4, 2000 and do not possess a farmhouse for their own use, may apply for the construction of a farmhouse in accordance with related construction laws and regulations of land use. This is also applicable to farmers who had shared ownership of arable lands prior to the enactment of this revised Act of January 4, 2000, have divided the land as single ownership after the enactment of this revised Act of January 4, 2000 and do not possess a farmhouse for their own use.
The builder of the farmhouse described in the first and the preceding paragraph shall be the owner of the land where the farmhouse is situated. The farmhouse as well as the land where it is situated shall be jointly transferred or jointly mortgaged. Agricultural lands having already been applied for the construction of a farmhouse shall not be permitted for re- application of construction.
The regulations with respect to farmer’s eligibility, maximum floor area, land coverage of the farmhouse, capacity rate, maximum foundation area and height, permission conditions, application procedures, construction methods, withdrawal or annulment of permission and other related regulations shall be formulated by the Ministry of Interior in concert with the central competent authority.
The competent authorities shall provide rewards of encouragement for building farmhouses as an integral part of concentrated townhouses and shall provide necessary assistance. The measures of the said rewards and assistance shall be drafted by the central competent authority.

In ensuring the maintenance of the agricultural production environment and avoiding the ground water and the soil pollution from adversely impacting on the health of the nationals, agricultural land which is used as waste treatment field/plant or polluting factory shall be subject to environmental impact assessment pursuant to the Environmental Impact Assessment Law.
The competent environment authorities shall provide with overall inspection and establish a data bank containing census survey information of all waste treatment fields/plants and polluting factories situated on agricultural lands. The establishers/planners/executors of these waste treatment fields/plants and factories shall install a ground water monitoring system around the waste treatment fields/plants and polluting factories, and regularly inspecting the ground water and the soil for any pollution. In the event of pollution, the owners shall be restrained from land use. They shall subsequently compensate, remove the pollutants, rehabilitate and rebuild the environment pursuant to laws and regulations with respect to cleaning polluted soil and ground water.

Arable land lease agreements which were/are signed after the implementation of this revised Act of January 4, 2000 shall be governed by this Act; and the 37.5% Arable Land Rental Reduction Act shall not be applicable. Matters not provided in this Act shall be governed by the Land Law, the Civil Law, or other applicable laws.
Lessor and lessee, who had signed the lease contract in accordance with the 37.5% Arable Land Rental Reduction Act, or the Land Law and other applicable laws or regulations prior to the implementation of this revised Act of January 4, 2000, shall be governed by the respective law with respect to the rights and obligations, renewal, amendment and termination of the agreement, except when both parties have agreed otherwise.
The written commission agreements which were concluded before the implementation of this revised Act of January 4, 2000 shall not be subject to the regulations of the 37.5% Arable Land Rental Reduction Act. The rights and obligations shall be subject to the commission agreement throughout the duration of the contract; matters not regulated in the agreement shall be governed by this Act.

The duration, rent and the method of rental payment of arable land lease agreements, which were/are concluded after the implementation of this revised Act of January 4, 2000, are mutually agreed upon by the lessor and the lessee, they shall not be subject to the limitation clause as stipulated in Articles 110 and 112 of the Land Law. Lease period exceeding one year without concluding any written agreement shall not be subject to Article 422 of the Civil Law.
The lease relationship of the aforesaid arable land lease agreement with the prescribed period of lease shall be extinguished upon the expiration of the prescribed period, and shall not subject to Article 451 of the Civil Law and Articles 109 and 114 of the Land Law. In the event where the parties concerned agree to terminate the lease agreement before the expiry date of the prescribed period, the lease relationship shall be extinguished at the time of termination. The other party shall be noticed of the said termination six months prior to the termination; in cases where the prescribed period of the agreement is shorter than six months, the other party shall be noticed 15 days prior to the date of the termination.
Where there is no provision with regard to the prescribed period in the arable land lease agreement, both parties to the agreement may terminate the agreement at any time, provided that a six-month prior notice is made to the other party.

The termination of lease relationship of arable land lease contracts as concluded after the implementation of this revised Act of January 4, 2000, upon the lessor’s retrieval of arable land, is not subject to the regulations with respect to compensation paid by the lessor to the lessee in Articles 11, 63 and 77 of the Land Right Equity Act, Article 29 of the Farmland Consolidation Act and Article 27 of the Industrial Upgrading Promotion Act.

In promoting circulation of agricultural lands and effective utilization, the competent authorities may guide farmers’ organizations in conducting agency practices such as sale and purchase, lease and commission of agricultural lands, and encourage them with rewards.