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Chapter Law Content

Chapter 4 Investigation, Disposition and Remedies
Article 21
The Restoration of Rights Foundation, for purposes of fulfilling the tasks set forth in this Act, may take any of the following actions to investigate related matters:
1.To summon a relevant agency / institution, organization, enterprise, or individual to appear before it to give an account of the factual circumstances or express their views;
2.To request a relevant agency / institution, organization, enterprise, or individual to provide files, archives, documents, or other necessary information or evidence. The request made to the taxation authorities for information on property, income, business, tax payment, among other matters, shall not be subject to the limitations in Article 33 of the Tax Collection Act;
3.To send personnel to the location where the ownership of the real estate was deprived to conduct necessary investigations;
4.To commission an appraisal or a research project;
5.To commission another agency / institution to handle a specified case or matter;
6.To take other necessary actions to conduct investigations.
An agency / institution which accepts the commission provided in Subparagraph 5 of the preceding Paragraph shall proceed forthwith to carry out the requested task, and shall report back in writing the results of its handling of the matter.
An investigative officer who duly performs his/her duties shall display or supply relevant documents or proof of identity. Where a said officer fails to do the foregoing, the party under the investigation may refuse to cooperate.
An agency / institution, organization, enterprise, or individual that is under investigation in accordance with the provisions of this Act shall not evade, refuse, or impede such an investigation without justifiable cause.
Detailed regulations governing matters in relation to investigations provided in the preceding four Paragraphs shall be prescribed by the Restoration of Rights Foundation.
Article 22
In handling matters in relation to the restoration of rights under this Act, the Restoration of Rights Foundation shall decide in favor of applicants when there are doubts about whether the evidence supports the facts.
Article 23
An application for monetary compensation, restoration of reputation or restoration of ownership of property in accordance with provisions of this Act shall be made within six years from the date this Act takes effect. Where the application period expires and it is necessary to extend the time limit, the Executive Yuan may approve an extension of the application period for two years, for not more than two times of extension at the maximum.
After the Restoration of Rights Foundation has made a decision with regard to compensation or restoration of rights, it shall observe the following time limits:
1.The payment for compensation shall be made within one year from the date of the service of the process for the compensation decision made in accordance with Article 7, Paragraph 1;
2.After the service of the process for the restoration of rights decision:
(1) Where the said decision orders a return of the target property, the party that is obligated to return the target property shall return it within the period specified in the decision. Where the party that is so obligated fails to comply, the Restoration of Rights Foundation shall proceed with a compulsory enforcement measure in accordance with the applicable statutory law. Where the said decision orders a registration of a piece of real estate, the Restoration of Rights Foundation shall request the registration agency to register the piece of real estate in question under the name of the original owner or his or her family members. The same shall apply to a decision that orders a registration of securities or maritime vessels.
(2) Where the said decision orders a monetary compensation, the payment shall be made within three years from the date of the service of the process for the restoration of rights decision. The said payment may be effected in installments. The order of installed payment shall be decided based on the respective dates of application.
Where the applicant concerned does not collect the compensation within five years from the date he or she receives the notice of collection, unless there is justifiable cause, the amount of compensation specified in Article 7 and the monetary compensation specified in Article 17 shall then belong to the State.
Property or payments received in accordance with provisions of this Act shall be exempt from income tax.
The enforcement measures and the registration of transfer and change of titles of property specified in Paragraph 2 of this Article shall be exempt from the compulsory enforcement costs, registration fees and certificate fees.
Article 24
Where an applicant or an interested party disagrees with a decision made by the Restoration of Rights Foundation, the said party may file administrative appeals or administrative litigation in accordance with the applicable statutory law.