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

Print Time:2024/04/30 13:52
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Chapter Law Content

Title: National Property Act CH
Category: Ministry of Finance(財政部)
Chapter 6 Disposition
Section 1 Disposition of non-public use real estate
Article 49
The non-public use real estate shall be sold to the leaseholders.
The scope about the sale in the foregoing paragraph shall be prescribed by the Executive Yuan.
The non-public use real estate that shall annex adjacent land identified by the local government shall be sold to the owner of the adjacent land.
The sale in the first and third paragraphs shall be handled by the National Property Administration.
Article 50
The non-public use real estate shall be sold to the central government-owned enterprise or local government-owned enterprise for the business need.
The sale in the foregoing paragraph shall be handled by the competent authority conferring with the Ministry of Finance for approval and agreed by the Audit authority.
Article 51
The non-public use real estate shall be sold to the public welfare enterprise or the charity and rescue enterprise for the needs of the society, culture, education, charity, relief organizations.
The sale in the foregoing paragraph shall be handled by the competent authority conferring with the Ministry of Finance and submitted to the Executive Yuan for approval as well as agreed by the Audit authority.
Article 52
The non-public use land shall be sold to provide for the use of constructing public housing or for encouraging the investment.
The sale in the foregoing paragraph shall be handled under the Public Housing Act and other regulations.
Article 52-1
The non-public use real estate shall be reported to the Ministry of Finance for approval to sell specifically in case of any of the following situations:
1.The national house occupying private lands.
2.The national house has been sold, however, the building lot has not.
3.The national portion of the joint ownership of real estate.
4.National real estate within the scope of obtaining the whole development permission.
5.The land category is “grave” with tombs on it but not belongs to the cemetery.
6.Others not included in the proceeding five subparagraphs have special use situations and location.
The non-public use real estate that is not suitable for sale by tendering based on the need of national infrastructure projects shall be approved by the Executive Yuan for specific sale.
In order to enhance the value of non-public use real estate, the non-public use real estate shall exchange the ownership owned by others after the specific approval of the Ministry of Finance. The regulations shall be prescribed by the Ministry of Finance and approved by the Executive Yuan.
Article 52-2
The non-public use real estate that has been used for building and dwelling since Dem. 31, 1946 until now, the user shall, before Jan. 13, 2015, submit the relevant documents and apply for sale to the National Property Administration or its branches. When the application is approved, the value of the land shall be valuated based on the first announced land current value if its area is less than 500 ㎡.
Article 53
Non-public use vacant house, land with no specific use and its area is less than 1,650 square meters shall be sold by public tendering by the National Property Administration, MOF. If its area is 1,650 square meters or more, it shall not be sold by public tendering.
Article 54
The use of the non-public use real estate has no leasehold relations or not in accordance with the provision of subparagraph 1 paragraph 2 of Article 42, the real estate shall be taken back for sale by tendering or for development.
In case of any of the following situations, the real estate shall be sold by tendering under current situation when approved by the Ministry of Finance:
1.Approved by the Ministry of Finance to take over under current situation.
2.Having graves on or using as graveyard when taking over.
3.With complex use, not able to be vacanted and sold to tender within a short time and with special situation to be sold urgently.
The sale by tendering in the foregoing paragraph shall be handled by the National Property Administration.
Section 2 Disposition of non-public use personal property, securities and rights
Article 55
The non-public use personal property that cannot use any more shall be sold by tendering, or after disassembled, refit or sell by tendering with the remained parts.
The sale by tender, disassembling or refitting in the foregoing paragraph shall be handled by the National Property Administration after reporting to the Ministry of Finance and then submit to the Audit authority for scrapping.
Article 56
Securities shall be sold after the approval of the Executive Yuan.
The sale in the foregoing paragraph shall be agreed by the Audit authority and is handled by the Ministry of Finance in accordance with the Securities & Exchange Act.
Article 57
Disposition upon property rights of subparagraph 4 paragraph 1 of Article 3 shall be approval by the competent authority or the Ministry of Finance in accordance with its category.
Section 3 Evaluation
Article 58
Evaluation methods of the national property shall be drawn out by the Assessment Committee of National Property and submitted by the Ministry of Finance to the Executive Yuan for approval. The value for the granting land is handled in accordance with the relevant granting regulations.
The value of the securities is approved by the Ministry of Finance.
Article 59
The assessed value of non-public use property reaching the examined amount in the Audit Act shall be agreed by the Audit authority.
Section 4 Contribution
Article 60
If contributing of the overseas national property to foreign governments or their citizens is necessary, the case shall be submitted to the Executive Yuan for approval.
The contribution of the domestic national property is limited to the personal property. However the real estate used by temples, churches shall be donated to the corporate body instituted by these temples and churches if necessarily.
The contribution regulations in the foregoing paragraph is prescribed by the Executive Yuan.
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