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

Print Time:2024/11/22 14:18
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Chapter Law Content

Title: New Town Development Act CH
Category: Ministry of the Interior(內政部)
Chapter 4 Construction and Control
Article 12
After the plan of a new town special area is issued, the authority shall make an integrated development plan, and finish the construction of public works dividedly in phases and sections according to the implementation schedule, and shall build dwelling houses as well as commercial, industrial and other urban service facilities depending on the requirements for introducing population and industries.
After the construction of the above-mentioned dwelling houses and commercial, industrial and other urban service facilities is finished, sale or lease through tendering may be carried out unless otherwise prescribed in this Act; provisions on sale and lease through tendering as well as management will be prescribed by the central authority.
Article 13
The corresponding authorities of public undertakings and public facilities shall match with the development progress of new towns to firstly build and manage the necessary public undertakings and facilities inside and outside the new town special areas.
Article 14
For the joint stock limited companies that invest in construction of new towns, the following rewarding and assistance will be offered:
1.The profitable undertaking income tax payable of that very year will be deducted by up to 20% of the total investment amount; in case the income tax amount of the very year is not enough for deduction, it may be deducted within 4 consecutive years followed.
2.The durable years of necessary construction machines and equipment as listed in the Table of Durable Years of Fixed Assets enclosed in the Income Tax Act may be shortened by a half for calculation of depreciation; where the shortened value is less than 1 year, calculation may be ignored.
3.Land value tax will be exempted during the construction period, but it shall be levied again where the construction is completed without following relevant provisions.
4.Financial institutions will be requested to provide preferential loans to supply the construction funds required.
5.Assistance will be provided for the companies to collect funds from the stock market.
The preference as prescribed in the above Subparagraphs 1 and 3 will be reduced by a half for the companies that invest in construction in the 6th year to the 10th year commencing from completion of land planning and collation of the new town, and no preference will be provided since the 11th year.
Rewarding methods mentioned in the above two paragraphs will be prescribed by the central authority together with the Ministry of Finance.
Article 15
Where the lands purchased by departments needing lands or social, cultural, educational, charity and remedy organizations under Subparagraph 3 or 4, Paragraph1 of Article 8 are utilized not according to the original approved schedule or with infringement of the original approved use plan, or transferred without authorization, the authority may coercively buy the lands back. Where the lands are transferred without approval of the original department that approves transfer and sale, the transfer action may not oppose to the coercive buy-back executed by the authority.
Article 16
When the authority sells or leases the lands through tendering pursuant to Article 8, the investors shall submit investment plans to the authority for examination, and may participate in bidding only after the plan is approved.
After acquiring a piece of land by biding, the investor shall immediately carry out construction according to the time schedule as described in the investment plan. The authority shall perform inspections at fixed or flexible time according to the investment plan. Once it is found that construction is not carried out in accordance with the schedule or the progress is behind schedule, the authority shall notify the investor to improve within 3 months.
Where there are due reasons for failure to improve within the specified time limit, the successful bidder shall explain the reasons to the authority to apply for postponement, and the term of postponement may not exceed 3 months.
The successful bidder may not resell, sublease or set the burden for any part of or the full buildings or lands prior to completion of construction. In case of infringement of the foresaid provision, the contracts of resale, sublease or setting burden will become invalid.
The principles for examining investment plans as mentioned in the first paragraph shall be prescribed by the central authority.
Article 17
In case of infringement of the second to the fourth paragraph of the above article, the investor will be fined according to the following provisions, and the authority will coercively buy back the land or terminate the lease contract.
1.Where construction is not started according to the investment plan or is behind the schedule, and the investor doesn't improve within the notified time limit, a sum of 2% ~5% of the announced land prince will be fined, and the investor will be advised again to improve within 3 months. In case improvement is not made within the 3 months, punishment will be executed consecutively.
2.Where the investor resells, subleases or sets the burden of the land without authorization, a sum of 1%~3% of the announced land prince will be fined.
In case the above-mentioned fine is not paid off within the specified time limit after the notice is given, the case will be transferred to the court for coercive execution.
When compulsory purchasing the lands according to the first paragraph, the authority shall notify the investors to remove the facilities on the lands within a specified time limit. In case the investors don't remove the facilities within the time limit, it will be regarded as abandonment.
The provision described in the above paragraph is also applicable when the authority terminates the lease contract according to the first paragraph.
Upon compulsory purchase according to Article 15 and the first paragraph of this article, the price may not exceed the original selling price.
Article 18
In order to promote development of new towns, the authority may set a time limit for construction and utilization according to the implementation schedule prescribed in the plan of new town special area. In case of failure to construct and utilize within the time limit, additional land value tax 5~10 times the basic tax amount payable for the land will be levied. In case that construction and utilization is still not made after 3 years of levying additional land value taxes, additional land price tax 10~20 times the basic tax amount payable will be levied, or the authority may compulsorily purchase the land according to the present value of the land.
For the above-mentioned lands under specified time limit for construction, the time limit will not be affected due to transfer to anyone else, but the time delay caused by factors not attributable to the landownership holder shall be ignored.
The above-mentioned factors not attributable to landownership holders will be prescribed by the central authority in the enforcement rules.
Article 19
For the procedure of purchase as prescribed in the above two articles as well as other related affairs, the relevant provisions in the Equalization of Land Rights Act shall apply unless otherwise prescribed in this Act.
Article 20
Where a building base in a new town special area doesn't reach the minimum area of building base prescribed in the plan of the new town special area, building permit will not be granted.
Where the co-owners build houses on the co-owned lands, the provisions related to disposal of co-ownership lands in Article 34-1 of the Land Law shall govern.
Article 21
After the plan of a new town special area is issued and enforced and before overall development is carried out, the central authority may work out a procedure to control the use of the lands and buildings within the area, without being limited by the laws and regulations on urban plans.
Upon receipt of the notice given by the authority to inform of overall development and give time limit for dismantling and returning to the original conditions, those who have applied for use of lands and building according to the above paragraph shall dismantle the buildings by themselves unconditionally; otherwise, coercive dismantling will be executed.
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