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Chapter III: The Application and Operation of Registration
Section I: The Application of Registration
Article 26
In the absence of any provision to the contrary, land registration shall be jointly applied for by the obligee and obligor.
Article 27
The following registrations may be individually applied by an obligee or registering party:
(1) General land registration;
(2) First registration of the ownership of the improvement;
(3) Acquisition of land rights through inheritance;
(4) Acquisition through auction by Court, a branch of the Administrative Enforcement Agency, or an impartial third party, or by a court’s final ruling;
(5) Change of descriptions;
(6) Change in name or domicile;
(7) Registration of deletion;
(8) Registration of caution or cancellation;
(9) Registration of statutory superficies;
(10) Registration of reversion of original ownership pursuant to the provisions of Paragraph 2 of Article 12 of the Land Act;
(11) Registration of acquisition of land through auction or sale pursuant to Paragraphs 2 and 3 of Article 17, Paragraph 3 of Article 20, or Article 73-1 of the Land Act, Articles 11 and 37 of the Act of Cadastral Investigation, or Article 51 of the Act of the Heritage Organization;
(12) Registration of rectification pursuant to Article 69 of the Land Act;
(13) Registration of acquisition of cultivation right or ownership pursuant to Article 133 of the Land Act;
(14) Registration of mortgage right pursuant to Paragraph 3 of Article 513 of the Civil Code;
(15) Registration due to the fulfillment of positive prescription pursuant to Article 769, 770, or 772 of the Civil Code;
(16) Registration of mortgage pursuant to Paragraph 4 of Article 824-1 of the Civil Code;
(17) Registration of real estate easements on one’s property pursuant to Article 859-4 of the Civil Code;
(18) Registration of the mortgage holder’s waiver of mortgage order pursuant to Article 870-1 of the Civil Code;
(19) Registration of mortgage pursuant to Paragraph 2 of Article 906-1 of the Civil Code;
(20) Registration of a Dian holder’s ownership over a mortgage pursuant to Paragraph 2 of Article 913, Paragraph 2 of Article 923 and Proviso of Article 924 of the Civil Code;
(21) Registration of National Treasury confiscation pursuant to Article 1185 of the Civil Code;
(22) Registration of real estate matter as concluded in arbitration administered by a municipality, county, or city real estate dispute conciliation committee pursuant to the arbitration regulations provided by said committee;
(23) Registration of a merger by, and between, legal persons;
(24) Registration of the concerned matters applied by an individual pursuant to other laws or regulations.
Article 28
The following registrations may be administered by a registration agency without any prior consultation or notice whatsoever:
(1) Registration of change of descriptions arising from administrative district adjustment, building number adjustment, partition or consolidation of improvement number(s) as a result of land re-survey or land readjustment or legal enforcement;
(2) Registration of state property pursuant to Paragraph 3 of Article 143;
(3) Registration of cancellation pursuant to Article 144;
(4) Registration of change in domicile pursuant to Article 153;
(5) Other registration without legally required prior consultation or notice.
Unless a land registration agency is observing consequential administrative procedures according to the registration application information provided by the concerned registering party, or administering direct registration of change in domicile or descriptions of buildings in compliance with administrative district adjustment or address assignment, the said registration agency shall notify the registering party regarding the registration result after the completion of the direct registration.
Article 29
Whenever any governmental organization meets one of the following situations, it may request the registration agency to register:
(1) Registration due to expropriation or appropriation of land;
(2) Registration due to the purchase of land at declared land value;
(3) Registration due to confirmed land readjustment or re-survey;
(4) Registration of public land according to the provisions of Article 52 of the Land Act;
(5) Registration of public land according to the provisions of Article 57, Paragraph 2 of Article 63, or Paragraph 5 of Article 73-1 of the Land Act or Paragraph 2 of Article 18 of the Act of Cadastral Investigation;
(6) Registration according to the provisions of Article 11 of the Compulsory Enforcement Act or Article 26 of the Administrative Execution Act applicable mutatis mutandis to the provisions of Article 11 of the Compulsory Enforcement Act;
(7) Registration according to the provisions of Article 66 of the Bankruptcy Act;
(8) Registration according to the provisions of Paragraph 1 of Article 24 of the Tax Collection Act;
(9) Registration of the creation and cancellation of a statutory mortgage according to the provisions of Paragraph 3 of Article 23 of the original Enforcement Rules of the Act of Public Housing;
(10) Registration of the cancellation according to the provision of Article 147;
(11) Registration of change in public land management agency according to Article 151;
(12) Any other registrations allowed to be requested to the registration agency according to the legal provisions.
Article 30
The following registrations may be applied in subrogation:
(1) The registration to which an obligor fails to apply as ordered by a court decision may be applied by the concerned obligee as a subrogate by presenting the court decision evidencing the cause of such registration;
(2) The registration of land right creation or transfer to a pawnor by a pawnee pursuant to Paragraph 1 of Article 906-1 of the Civil Code;
(3) Initial registration of constructional improvements ownership by Dian holders in subrogation due to mortgage reconstruction pursuant to Article 921 or Article 922-1 of the Civil Code;
(4) The subrogated registration by a right holder permitted by the laws.
Article 31
When improvements are totally destroyed and the owners of the said improvements fail to apply for the registration of deletion within the prescribed time limit, the landowners or holders of other rights may apply on behalf of the owners of improvements. The registration agency may also directly undertake the registration of deletion after due investigation.
The registration of cancellation of statutory superficies shall be simultaneously undertaken if superficies has been registered over the base of the aforementioned improvements; in the case of property that enjoys easements, the registration of cancellation of real estate easements over the property encumbered with easements shall be simultaneously undertaken.
The registration agency shall, after the completion of registration, notify the landowners of improvements or holders of other rights, of the result of registration. If registrations of restriction have been undertaken on the said improvements, the registration agency shall notify the requesting organizations or the persons with the rights to claim due to a registration of caution.
Article 32
One or several of the co-owners of a land may, on behalf of all co-owners’ interests, apply for the registration of co-ownership of the whole land.
The registration agency shall notify the other co-owners, after the completion of the registration, of the results of the registration.
Article 33
The application for registration of changes in land rights shall be made within one month from the date of the change of land rights. In the case of the registration of inheritance, the application may be made within six months from the beginning of the inheritance.
The date of change of rights mentioned above shall signify any of the following, as the case may be:
(1) The day when the contract is established;
(2) The day when the judicial verdict is delivered;
(3) The day when the judicial settlement or conciliation is established;
(4) The day when the mediation established according to the provisions of the Act of Township Mediation, is approved by the court;
(5) The day when the decision of arbitration, made according to the Arbitration Law, is delivered or served;
(6) The day when the documents of evidence on the transfer of property right are issued;
(7) The day when the legal fact occurs.
Section II: Documents for the Application for Registration
Article 34
In the absence of any provision to the contrary, the following documents shall be submitted for the application for registration:
(1) Application forms;
(2) Documents of evidence citing reasons for registration;
(3) Certificates of ownership or other rights if the rights have been registered;
(4) Identification evidences of applicants;
(5) Other documents of evidence as required by the Central Land Administration.
The documents of evidence, referred to in Subparagraph 4 of the preceding Paragraph, may not be required if they are able to be duly investigated through processing by computer.
Article 35
The documents referred to in Subparagraph 3 of Paragraph 1 of the preceding Article may be exempted from submission under any one of the following conditions, as the case may be:
(1) Registration due to expropriation, zone expropriation, appropriation or purchase of land at declared value of land;
(2) Registration due to confirmed land readjustment or re-survey;
(3) Registration based on the certificate for the transfer of right or judicial decision issued by the court as its documents of evidence citing reasons for registration;
(4) Registration of cancellation of other rights requested by the court;
(5) Application for registration by subrogation according to law;
(6) Registration for administrator of inheritance;
(7) Registration of statutory superficies;
(8) Registration of creation and cancellation of statutory mortgage according to the original Public Housing Act;
(9) Where other co-owners failed to submit the certificates of land ownership upon registration, according to the provisions of Paragraphs 1 to 3 of Article 34-1 of the Land Act;
(10) Registration of statutory mortgage according to the provisions of Paragraph 3 of Article 513 of the Civil Code;
(11) The certificate of ownership or other rights have not been previously issued according to the Regulation;
(12) To apply the land of the ancestor worship guilds or the deity worship associations change of name registration as the juridical person being owner, according to the Section 3 of Article 50 of the Act for Ancestor Worship Guild or the Section 3 of Article 24 of Cadastral Clearance Act;
(13) Any other exemptions according to the laws or announced by the Central Land Administration.
Article 36
The applicant shall affix his/her signature or seal to the application form unless the Regulation provides to the contrary.
When the application is filed by a registration agent, the registration agent shall affix his/her signature or seal to the application form or the letter of authorization. This also applies to situations where the agent has appointed a subagent.
Article 37
When land registration is applied by a registration agent, a letter of authorization shall be furnished. Where the agent has appointed a subagent, a letter of authorization shall be presented unless the application form has made a clear statement of the authorization.
When the agent or subagent applies for registration as referred to in the preceding paragraph, s/he shall personally present it and be identified by the registration agency, unless the laws or the Regulation provide to the contrary.
Article 38
When a letter of authorization, assigning an agent to apply for registration, is equipped with the conditions of specific authorization, the assignor may not affix his/her signature or seal to the application form.
The letter of authorization referred to in the preceding paragraph shall provide a detailed statement of the matters assigned and the location, number and the share of rights of the land or improvements assigned for application.
Article 39
A parent’s disposition of the land right on behalf of his/her minor child, requires said parent to sign and explicitly remark in the appropriate column of the application form, stating that such disposition is in the interest of such minor child when applying for land registration.
A legal guardian of the minor under his/her guardianship, or a custodian of the person under his/her custody, shall be required to present proof of court approval in order to purchase or dispose of land on behalf of the said minor or person in custody.
The registration of waiver of the right of inheritance requires no observance of the two conditions above if evidence of court approval for such waiver is presented with the application for the registration.
Article 40
The registering party shall appear in person at the registration agency when delivering a registration application, present the original copy of ID card, sign on the application form or proof documents citing the cause of registration on site, and receive the verification by the assigned personnel at the registration agency before an approval may be granted.
The registering party referred to above shall present one of the following identifications if ID card is not available:
(1) A passport or a resident certificate issued by the Government of the Republic of China if the applicant is an alien;
(2) An overseas compatriot identity certificate issued by the Overseas Compatriot Affairs Commission or documents required by the central land administration authority, and a secondary photo identification if the applicant is an overseas citizen;
(3) An identification or long-term resident certificate for the Taiwan area verified by the institute or civil organization established or designated by the Executive Yuan if the applicant is a mainland Chinese;
(4) A passport or permanent residence permit issued by Hong Kong or Macau if the applicant is a resident of Hong Kong or Macau;
(5) A naturalization or restoration approval issued by the competent agency, if the applicant has been granted citizenship through naturalization or restoration.
Article 41
When applying for registration, the presence in person of the concerned party is not required at the registration agency if any of the following conditions applies:
(1) The obligee may solely apply for registration according to the provisions of Subparagraph 4 of Article 27;
(2) The documents of evidence citing reasons for registration and the agreement have been notarized or certified according to laws;
(3) The application is filed together with the cases borne with conditions described by the preceding subparagraph and all applications have the same obligors with the same seals to affix;
(4) The documents of evidence citing reasons for registration have been examined and signed by a land registration agent according to law;
(5) If the registering party is incapable, or restricted from presenting himself and such party’s legal representative has undertaken the role according to the provisions of Article 39, and personally represents the said party at the registration agency;
(6) The registering party has created a land registration seal in the competent registration agency where the land is situated according to the Operation Rules of the Creation and Usage of land registration seal;
(7) Aliens or overseas citizens authorize the third party to apply for registration, and the letters of authorization have been certified or verified by a consulate of the Republic of China;
(8) The people of mainland China, Hong Kong or Macao authorize the third party to apply for registration, and the letters of authorization have been verified by any organization set up or appointed by the Executive Yuan, or by any private organization authorized by the Executive Yuan;
(9) If an ancestral worship clan association authorizes its administrator for disposition and the contract has been notarized or certified according to laws;
(10) The certification of seal, issued one year before the day the reasons for registration occurred, is furnished;
(11) When land lots are consolidated, the difference of land value before and after the consolidation of each owner’s fair share is less than one square meter’s publicly announced current land value;
(12) If the agreement of the initial registration of ownership of improvements bears the same seal of the obligee as that on the application form;
(13) Where the registration of rectification is carried out according to the provisions of Paragraph 3 of Article 43, and the difference of land value before and after the rectification of each co-owner’s fair share is less than one square meter’s publicly announced current land value;
(14) Where the registration is carried out under the names of the representatives elected by the originators of the establishment of any new legal person according to the provisions of Article 104;
(15) If the online statement for land registration is made and the identity is verified with digital certification;
(16) Any other exemptions from the personal presence of the parties concerned provided by the Central Land Administration.
Article 42
When the applicant is a legal person, documents of evidence concerning the registration of such legal person and the qualification of its representative shall be submitted. If the said legal person is an obligor, the certifications of seals of such legal person and its representative issued by the competent registration agency or other documents with sufficient evidence for proof shall be submitted in addition. A detailed statement, that the disposition procedure has been completed according to the provisions of related laws and ordinances, shall be made on the appropriate column of the application form with the applicant’s signature affixed.
In the case that the applicant is a corporation, the documents required include the registration forms for incorporation and changes issued by the competent registration agency, or the transcripts or photocopies.
When the obligor is a foundation or a corporation in charge of property for worship purposes, the documents of evidence of approval or consent of the competent authority to keep records for future reference shall be submitted.
Article 43
When there is more than one obligee for the application for registration, the fair share or the mutual relationship of rights shall be clearly written within the application form.
The fair share referred to in the preceding paragraph shall be indicated by a fraction, of which the numerator and denominator shall not be decimals and the denominator shall be indicated by intact tens, hundreds, thousands or ten thousands in principle, and no more than six digits.
If the indication of the shares of any registered co-owned land rights is not in accordance with the provisions referred to in the preceding paragraph, the registration agency may notify the landowners to reach an agreement by themselves within 30 days; then the registration of rectification may be, mutatis mutandis, carried out. If after the notification, the co-owners fail to reach an agreement after the time limit, the registration agency itself shall report to a higher organ for approval to correct it.
Article 44
When the consent of the third party is required for the application for registration, a written consent of the third party shall be furnished or the matters consented to shall be indicated in the application form by the third party.
The third party referred to in the preceding paragraph has to personally present himself/herself at the registration agency and follow the procedure prescribed by Article 40, except for when conforming to the conditions provided by Subparagraphs 2, 5-8 and 10 of Article 41.
Section III: Registration Tariffs and Fines
Article 45
The term “registration tariffs” referred to in this Regulation shall mean registration fees, the fees for certificates, expense fees and viewing fees as prescribed by the Land Act.
Article 46
An applicant is responsible for submitting the land registration tariffs pursuant to the Land Act unless the total amount of such fee is less than one New Taiwan Dollar. Such fee is also exempted if any of the following conditions is satisfied:
(1) The registration of creation of added right(s) if one or more land rights are created as a collective guarantee after a registration of creation of mortgage has been completed;
(2) The registration of yield of order, waiver, or description change of a mortgage;
(3) The registration of the re-issuance or replacement of a certificate of right;
(4) The registration of an administrator or change of administrator;
(5) Other exemptions permitted by law.
An applicant applying for the issuance of a registration or cadastral map by mail or telegram shall submit additional postage and telegram fee.
The revenue and expenditure of the registration fees shall be processed according to the due process provided by the budgetary procedures.
Article 47
The registration tariffs shall be paid after the collection of the application for registration, unless otherwise online applications for land registration shall be paid according to Articles 70-6.
Article 48
The collection of the registration tariffs, for the application for the initial registration of ownership of improvements, shall be based on the value of rights identified according to the following provisions:
(1) Where the improvement is under governmental control according to law, the value of the improvements shall be based on the construction cost written on the use permit.
(2) Where the improvement is not under governmental control according to law, the value of improvements shall be based on the current house value approved by the local taxation authorities.
Article 49
The applicant shall, upon the application of the registration for other rights, convert the values of the said rights into New Taiwan dollars according to the prevailing rate at the time of application if the values are denoted in kind or in currency no longer in circulation, and fill the converted value into the appropriate column of the application form for the calculation and collection of the registration fee according to law.
The applicant shall, upon the application of the registration for the creation or transfer of superficies, permanent lease, real estate easement, right of cultivation or right of agricultural exploitation, note the values of rights in the appropriate column of the application form; if their values are not clear, the values of the rights for the collection of the registration fee will be determined according to law.
If the values of rights referred to in the preceding two paragraphs are lower than 4% of the declared land value of the subject land or the current building value assessed by the local tax authority, then 4% of the declared land value of the said land or the current building value assessed by the local tax authority shall be deemed to be the annual value of the rights, and the calculation of the values of rights shall be according to their durations. If their durations are not fixed, a seven-year period shall be the standard for the calculation of their values and the base for the collection of the registration fee.
Article 50
Fines shall be imposed according to the provisions of the Land Act if the application for registration is overdue.
If the application for changes in land rights is overdue, the duration overdue shall be deducted from the calculation of the fines for registration fee, if the applicant is not responsible for such duration.
Article 51
The refunds for paid registration fees and the fees of certificates may be claimed by applicants within ten years if any of the following conditions applies:
(1) When the application is withdrawn;
(2) When the application is dismissed;
(3) Any other registrations allowed to be solely applied according to laws.
If the applicant re-applies for registration within ten years, the un-refunded registration fee and fees of certificates may be used as the fees for re-application.
Article 52
The paid fines for registration fee shall not be applied for refund, unless laws and ordinances provide to the contrary.
When a dismissed application for registration is re-applied, its fines shall be re-calculated. If the fines resulting from the previous application have been paid, they shall be deducted from the current fines. The cumulative amount of fines resulting from previous and current applications shall not be more than 20 times that of the registration fee due.
Section IV: Operational Procedure for Registration
Article 53
In the absence of any provision to the contrary, the procedure for the operation of land registration is as follows:
(1) Collection of application;
(2) Calculation and collection of registration tariffs;
(3) Examination;
(4) Public announcement;
(5) Registration on the register;
(6) Issue of certificates;
(7) Adjustment of changes;
(8) Keeping the data on file.
Public announcement referred to in Subparagraph 4 of the preceding paragraph only applies to: the general registration of land, the initial registration of land ownership, the initial registration of ownerships of improvements, the registration of positive prescription, and the registration of the re-issue of certificates. Adjustment of changes referred to in Subparagraph 7 includes statistics and notification of the changes.
Article 54
The registration agency shall immediately collect application forms upon their submission, and shall note down the matters relating to the collection in the records of applications received and the application form, unless otherwise stipulated by Article 70-5.
The collection of application referred to in the preceding paragraph shall be compiled with a serial number according to the order of reception, and the registration agency shall issue a receipt to the applicant.
Article 55
Soon after the collection of an application for registration, the registration agency shall examine the case according to the law. The examiner in charge shall note in the application form his/her opinions and put the date besides affixing his/her signature or seal.
All applications for registration that are found upon examination to be correct and proper shall be immediately registered on the register unless they shall be publicly announced, or stopped for registration according to the law.
Article 56
The registration agency shall notify the applicants to supplement or correct the application, with written statements of reasons, or upon which laws and ordinances these are based, within 15 days after receiving the notice, if any of the following conditions applies:
(1) The qualification of the applicant shows discrepancies, or his/her agent’s qualification to be an agent is inadequate;
(2) The application form is not appropriate or the submitted documents show discrepancies or are inadequate;
(3) The matters noted in the application form or matters concerning reasons for registration show discrepancies with the register or documents of evidence, and fail to explain the causes of said discrepancies;
(4) The registration tariffs have not been paid according to provisions.
Article 57
The registration agency shall dismiss the application, with written statements of reasons or on which laws and ordinances these are based, if any of the following conditions applies:
(1) The case is not within the jurisdiction of the registration agency;
(2) The case cannot be registered according to law;
(3) There is a dispute between obligee, obligor or the third parties who have interests in the legal relationship relating to the application for registration;
(4) There is a failure or still an inadequacy to supplement or to correct the application according to notified matters.
Any applicant who refuses to abide by the dismissal, referred to in the preceding paragraph, may petition according to the provisions of the Administrative Appeal Act.
The applicant, whose application is dismissed according to Subparagraph 3 of the first paragraph, may appeal to the judicial authorities for a decision or adopt Alternative Dispute Resolution mechanisms to deal with the dispute.
Article 58
The application form of a dismissed application shall be returned in full to the applicant, after the registration agency has kept copies of related documents of reasons for dismissal, for future reference.
Article 59
The registration agency shall immediately return the application form and its attachments, when all of the applicants apply in written form to revoke the application for registration before the registration has been completed.
Article 60
Any dismissed or revoked application shall be separately collected when it is re-applied for registration.
Article 61
Different time limits for each operation shall be prescribed to each type of registration. Registrations shall be operated according to serial numbers for collection or time limits for operation; this also applies to those operations conducted by groups. The registration of right over land with bigger serial numbers for collection shall not precede those with smaller ones over the same land unless the laws and ordinances have provisions to the contrary.
Once the procedure for registration begins, the process of registration shall not stop unless laws, or the Regulation, have provisions to the contrary.
Article 62
After the matters to be registered have been entered into the register, the registrar and the proofreader shall affix their official seals after fulfilling their duties.
Article 63
Any special contract indicated in the documents of evidence citing reasons for registration, shall not be examined by the registration agency if it is not relevant to the registration.
Article 64
Where there is more than one obligee, all the obligees shall be registered. Where there is more than one obligor, the same applies.
Article 65
The registration agency shall issue the certificate of rights to the applicant soon after the completion of the registration of land rights unless there is no change of contents of the certificate of rights, other laws, or the Regulation, have provisions to the contrary. However, the registration agency may amend the original certificate with notes and return it to the applicant if so allowed.
The registration agency may be exempted from the issue of the certificate of rights; instead it shall note the exemption on the “others” column of the register, if the applicant so requests with notes on the application form and any of the following conditions apply:
(1) Initial registration of improvements ownership
(2) Registration of partition of co-owned property upon the completion of the registration of the descriptions of changes.
(3) Registration of rights of public land.
The registration agency shall notify the landowner of re-issue of the certificate of land ownership after carrying out a direct registration of land partition. No creation is required prior to re-issue of the certificate.
Article 66
In the case of collective ownership of a land right, the certificate of such right shall be issued with remark of the share of right separately to each of the co-owners.
A co-owner registering for the share(s) acquired from other co-owner(s) shall present the original certificate(s) of right when applying for registration; the registration agency shall issue a certificate of right according to the total shares duly owned by the applicant.
A right holder having several exclusively owned parts of the same strata titled improvement may apply for certificates of right separately, according to such applicant’s duly owned rights of the improvement.
Article 67
The land registration shall be nullified with a public announcement after the completion of the registration, if the applicant fails to submit the certificate of rights for land registration and any of the following conditions applies:
(1) The heir submits an affidavit upon the application for registration of inheritance;
(2) The application for registration of deletion of other rights is furnished with an affidavit of the rightful holder, or the said rightful holder has submitted the evidence of having delivered the certificate of rights, and furnished the applicant’s affidavit stating his/her inability to submit the certificate;
(3) The applications for the registration of improvements are destroyed; the applicant has submitted an affidavit;
(4) The applications for the registration of deletion of the trust; the registration of identification of the trust or the change of trustee, and the obligee has submitted an affidavit;
(5) People unable or unwilling to participate in the distribution following registration of property right exchange due to urban renewal, or who fail to submit the certificate within the time limit upon being informed of replacement of certificates of land and building rights after the registration agency completes the registration;
(6) Any condition in accordance with Subparagraphs 1 to 5, Subparagraph 9, Subparagraph 12 or Subparagraph 13 of Article 35. Unless there are other exemptions from being nullified with a public announcement after the completion of the registration provided and announced by the Central Land Administration.
Article 68
After the completion of registration, the documents shall be affixed with the seal with the wording: “registration completed”, and returned to the applicant except for the application form, the documents of evidence citing reasons for registration or their replicas or copies, and the original certificate of rights which shall be cancelled.
Article 69
Where any registration is solely applied for by the obligee, the registration agency shall notify the obligor in written form after the completion of registration, unless one of following situations pertains:
(1) There is no obligor;
(2) The registration is related to auctions by the Court, a branch of the Administrative Enforcement Agency or an impartial third party;
(3) The mortgagee is a financial institution, and has submitted proof documents approving the cancellation when undergoing registration of mortgage cancellation.
Each obligor referred to in the preceding paragraph shall be individually notified if there is more than one obligor.
Article 70
A registration agency shall suspend all applications for the registrations of transfer, change, partition, and creation of right of land during the prohibition period as the Government may prohibit through public notice due to land readjustment, zone expropriation, or other legal requirements, unless the registration is applied for the real estate property right already hitherto acquired through inheritance, administrative enforcement, confiscation, court ruling, or other non-legal actions.
Section V: Online Applications for Registration
Article 70-1
The methods of application for land registration online include full-process and non-full-process online application. The items able to be registered in online applications shall be announced by the Central Land Administration.
In the full-process online application referred to in the preceding paragraph, applicants shall submit an application for land registration online and provide all the required documents in an electronic form with their electronic signatures attached. In the non-full-process online application, applicants shall submit an application for land registration online and provide the required documents partly in an electronic form, with their electronic signatures attached, and partly in a written form.
An online application for land registration shall be made by a land administration agent or attorney on behalf of the applicant, except for one that does not involve a change in rights and obligations, and may be individually made by an oblige or registering party.
Article 70-2
Rules governing the operating procedures for online application for land registration shall be formulated by the Central Land Administration.
Article 70-3
For documents that shall be submitted for the application for registration in accordance with Article 34, applicants shall comply with the following provisions when making an application for land registration online:
(1) The documents shall be submitted in an electronic form with electronic signatures attached;
(2) Documents of evidence citing reasons for registration or other supporting documents required by the Central Land Administration shall be submitted in an electronic form with electronic signatures attached, unless they may be duly investigated or provided through the government’s database; however, this provision is not applied to non-full-process online application for land registration;
(3) Unless otherwise stipulated by Article 35, certificates of ownership or other rights shall be submitted if the rights have been registered;
(4) An identification document may not be required if applicants are able to be duly investigated through processing by computer.
Article 70-4
The provision of Paragraph 2, Article 37 is not applied to a land administration agent or attorney who applies for land registration online on behalf of the applicant with his/her digital certificate presented.
Article 70-5
The registration agency shall proceed with full-process online applications immediately upon their submission. As to non-full-process online applications, the registration agency shall not proceed with them until their written documents arrive.
Online applications for land registration proceeding pursuant to the provision of the preceding paragraph shall be examined, supplemented or corrected, and dismissed in accordance with the provisions in Section 4, Chapter 3.
Article 70-6
The registration tariffs for an online application for land registration may be calculated and paid online before the proceeding of the application by the registration agency or be paid after the proceeding of the application.
Article 70-7
The preservation and destruction of the electronic archives of online applications for land registration and their attachments shall apply mutatis mutandis to Article 19.