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Chapter Law Content

Title: Urban Renewal Act CH
Category: Ministry of the Interior(內政部)
III Urban Renewal under Government Guidance
Article 11
The competent authority at each level may create an urban renewal promotion task force to supervise and promote urban renewal policies as well as coordinate and provide government guidance for urban renewal operations.
Article 12
Unless otherwise stipulated in this Act, the competent authority of a municipality or county (city) may adopt one of the following renewal approaches for an area demarcated or changed to undergo renewal without establishing the project summary and begin the urban renewal following Article 32.
1. The competent authority implements the urban renewal project corporation itself or has chosen through open selection an institution to be the implementer.
2. The competent authority has approved another agency (institution) to conduct the renewal or has chosen through open selection an institution to be the implementer.
With the renewal area demarcated or changed to undergo renewal according to Paragraph 1 of Article 7, the competent authority of a municipality or county (city) may consolidate several adjacent or not adjacent renewal units to carry out the urban renewal project in accordance with the approaches specified in the preceding paragraph.
With the renewal area demarcated or changed by the central competent authority to undergo renewal according to Paragraph 2 of Article 7 or Article 8, the central competent authority may conduct the urban renewal project by citing the two preceding paragraphs mutatis mutandis.
Article 13
The competent authority at each level of another agency (institution) shall serve as the organizing agency to carry out the open selection described in the preceding Article and make a public announcement to solicit applications from urban renewal project corporation. The competent authority shall also create a selection committee to review the applications according to the principles of fairness, justice, and transparency. The central competent authority shall establish regulations to govern the announcement and reviewing procedures, organization of the selection committee and committee member qualifications, and other related matters.
Before making the public announcement to solicit applications from urban renewal project corporation, the organizing agency shall hold presentations in the area where the urban renewal project is to be implemented.
Article 14
Applicants participating in a public urban renewal implementer selection considering the application and reviewing procedures in violation of this Act and related regulations and putting their rights or interests in jeopardy may file their objections with the organizing agency in writing within the following periods:
1. Those expressing objections to the regulations on the application documents required from applicants may file their objections within two-thirds of the period from the day after the announcement to the application deadline, provided that such a length of time is no less than ten days. Any odd amount of time less than a day shall be calculated as one day.
2. Those expressing objections to the application or reviewing process, the decision, or the outcome may file their objections within 30 days after receiving the notification from the organizing agency or the announcement of the outcome. If there is no notification or announcement about the process, decision, or outcome, objections may be filed within 30 days after the process, decision, or outcome is known.
The organizing agency shall properly handle the objections within 15 days of receiving them and notify the objectors of the handling outcome in writing. If the objection handling outcome involves changes or further solicitation of applications from institutions, it shall be publicly announced and the application timeline may be extended if necessary.
If finding the objection handling outcome unacceptable or the organizing agency fails to come to a conclusion within the established timeline, objectors may appeal to the competent authority in writing within 15 days of receiving the objection handling outcome or the end of the established timeline. A duplicate copy of the appeal and related documents shall also be presented to the organizing agency.
The central competent authority shall define the principles for filing objections to applications reviewing procedures and handling appeals.
Article 15
Depending on whether the organizing agency is a central or local agency, appeals regarding disputes over application and reviewing procedures for open selection of urban renewal implementers shall be handled by the committee on review of appeals against results of open selection of urban renewal implementers (hereinafter referred to as the urban renewal appeal committee) created by the central competent authority or the competent agency at the municipality or county (city) level.
The members of the urban renewal appeal committee shall be legal or urban renewal specialists recruited by the competent authority at each level or the positions may be concurrently taken by high-level personnel from the competent authority. The central competent authority shall establish the regulations on the composition of such committees, the number of members, the length of term, remuneration, operation, and other related matters.
Article 16
If the appellant misfiles the appeal to any agency other than the urban renewal appeal committee in concern, the day the agency receives the appeal shall be considered the date of appeal.
The agency receiving the appeal as described in the preceding paragraph shall transfer the appeal to the urban renewal appeal committee in concern and also notify the appellant within three days of receiving the appeal.
The urban renewal appeal committee shall complete the review within two months of receiving an appeal and inform the appellant and the organizing agency of the decision in writing. If necessary, the period may be extended for one month.
Article 17
Appeals filed after the statutory period or inconsistent with the statutory procedure shall be rejected. However, if the situation may be corrected, the appellant shall be requested to make corrections within a given period. If the appellant fails to comply, the appeal shall be rejected.
After filing the appeal, the applicant may withdraw it before the review decision is delivered. Once an appeal is withdrawn, the same appeal may not be filed again.
Article 18
In principle, a review of appeals shall be conducted in writing.
The Urban Renewal appeal committee may act according to its authority or the application and notify the appellant and the organizing agency to present their statements at a designated location.
When reviewing, the urban renewal appeal committee may delegate agency, school, group, or personnel with the corresponding expertise to make appraisals and the committee may also notify related personnel to present their statements or request the organizing agency and the appellant to provide related documents and information.
Before reviewing, the urban renewal appeal committee may collect a reviewing fee, an appraisal fee, and other expenses from the appellant. The central competent authority shall define the charging standards and payment approaches.
Article 19
When considering the objection or appeal presented by an applicant justifiable, the organizing agency shall revoke or change the handling decision or suspend the open selection process, unless the selection is urgent or public interest is involved.
When deciding on the disposal described in the preceding paragraph, the organizing agency shall immediately inform the urban renewal appeal committee of the decision.
Article 20
An appeal review decision shall be regarded as the final decision.
Where a review decision indicates the original open selection procedure is in violation of related regulations, the organizing agency shall make legally appropriate disposal, and the appellant may request the organizing agency to compensate for the expenses paid to file the application, objection, and appeal.
Article 21
When an urban renewal project in Article 12 is implemented by the competent authority or an approved agency (institution), public solicitation of capital and assistance may be conducted. The provisions set forth from Article 13 to the preceding Article shall apply mutatis mutandis to the announcement of the aforesaid public solicitation, review, procedures for the filing of objections and appeals, and decision of review results.