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Chapter Eight: Supplementary Provisions
Article 43
(Adjustment & Application of Disaster Prevention and Protection Expenditures)
Expenditures needed to implement disaster prevention and protection under the Act shall be duly prepared with the budgets by the government at each tier according to those affairs to be undertaken as set forth in the Act.
Receipts and expenditures of the current fiscal year may be adjusted as applicable without being subject to Articles 62 and 63 of Budget Act when such adjustment is required in the event that the budget prepared for the expenditures of disaster prevention and protection is insufficient to pay the costs of the response measures during the disaster, and the recovery and reconstruction after the disaster.
Article 43-1
Municipal government, county (city) governments unable to undertake expenditures arising from major natural disasters shall request subsidy from Central Government.
Pursuant to the preceding paragraph, timing of the application for the subsidy, qualifications, guidelines, and request procedure shall be reimbursed with the procedure to be enacted by Executive Yuan.
Article 44
Central Disaster Prevention and Protection Commission shall promptly cause the financial institutions to provide loans at lower interest rate to meet the funds required for reconstruction or repair by the people from the disaster affected areas.
Central Disaster Prevention and Protection Council shall approve the ceiling amount of the loans, interest subsides, and loan operation procedure for the purpose of the first paragraph herein. The ceiling amount for interest subsides shall be paid from the budget prepared by the government of each tier. In deciding the range of interest subsides, the extent of damage the people suffered from the disaster and their capability of independent reconstruction shall be taken into consideration.
Article 44-1
Self-use residence purchased by people from disaster affected areas with a mortgage may have the house and land offset against the loan upon the consent of original loan financial institution if governments at all levels have determined that the residence is severely damaged during the disaster and can no longer be used. The interest of the leftover loan for the remaining years shall be subsidized by the Ministry of the Interior.
The scope, method, procedures and rate of subsidized interest mentioned in previous Paragraph, the determination of a self-use residence that is severely damaged during the disaster and can longer be used, and other matters to follow shall be defined by the Ministry of the Interior with relevant agencies.
Financial institution that bear or dispose the house or land mentioned in Paragraph 1 shall not be bound by Article 75 and 76 of The Banking Act and Article 146-2 of Insurance Act.
Article 44-2
Regarding all types of loans and credit card debt applied by people in disaster affected areas before the disaster, financial institution shall extend the repayment schedule of the principal and accounts payable. The interest during the extension shall not be charged to the victim and subsidized by the central government accordingly. The subsidy scope, extension period, operating procedures and other matter to follow shall be defined by Financial Supervisory Commission with relevant agencies.
If the term of loan exceeds thirty years due to the extension of capital payment as stated in the preceding paragraph, it shall not be bounded by Article 38 of The Banking Act.
Article 44-3
All types of relief assistances, monetary condolences or pays for temporary jobs are exempted from tax.
Profit-seeking enterprises that donate relief and reconstruction assistances to people from disaster affected areas through organizations or institutions stated in Paragraph 4 of Article 11 of Income Tax Act shall list the said assistances as the annual expense or loss while filing income tax return. The said assistance shall not be limited by the total amount and is not applicable to Paragraph 2 of Article 36 of Income Tax Act.
Lands and buildings in disaster affected areas that have reached certain qualifications may be exempted from land and house taxes.
The certain qualifications mentioned in the preceding paragraph and the time limit and scope of reduction shall be defined by municipality and county (city) governments in disaster affected areas according to autonomy regulations and shall be reported to the Ministry of Financial Affairs for reference.
The relief assistances, monetary condolences or pays for temporary jobs mentioned in Paragraph 1 shall not be used for seizure, offsetting, guarantee or enforcement.
Article 44-4
For National Health Insurance beneficiaries in disaster affected areas, their insurance fees, part of medical expenses and general food expenses during the hospitalization within a certain period of time after the disaster shall be supported by the central government and private donations The qualification, conditions, period and other matters to follow shall be defined by the Ministry of Health and Welfare
Article 44-5
For insured people in disaster affected areas, their farmer health insurance, national pension insurance, labor insurance and employment insurance within a certain period of time after the disaster shall be paid by the central government.
The insured of labor insurance who are suffered from injury or disease due to natural disaster may apply for injury or sickness benefits. The central government shall support required budget accordingly.
The qualification of the insured, claiming terms, payment amount, period and other matters to follow shall be defined by the Ministry of the Interior, Ministry of Health and Welfare and Ministry of Labor.
Article 44-6
Whereas low income households in disaster affected areas that fail to apply for preferential financing or other subsidies offered by the government have received venture financing loans from financial institutions, the Ministry of Health and Welfare shall subsidize loan financial institution the interest and the loan amount shall not exceed NT$1.500,000
The amount of subsidized interest and application procedures shall be defined by the Ministry of Health and Welfare with relevant agencies.
Article 44-7
Whereas farms, fish farms and other agricultural facilities that are used as collaterals for the loans are totally damaged or lost, the financial institution shall bear it according to the leftover amount of loan.
Financial institution that bears such loss as stated in the preceding paragraph may be subsidized by the government, where the subsidy can reach 80% of the amount covered by the financial institution at maximum. The subsidy scope, method, procedure and other matters to follow shall be defined by Council of Agriculture, Executive Yuan, with Financial Supervisory Commission.
Article 44-8
Whereas Enterprises in disaster affected areas suffer from operational difficulty due to the disaster, the central industry competent authority may provide relief support.
The determination of operational difficulty stated in the preceding paragraph, relief measures and standards, and other matters to follow shall be defined by the central industry competent authority and approved by Executive Yuan.
Where enterprises in disaster affected areas suffered from operational difficulty due to the disaster have applied loans before the disaster, the deadline of their repayment of principal and interest may be extended.
Regarding the extension stated in the preceding paragraph, circulating fund may be extended for one year at maximum, whereas capital financing may be extended for 3 years at maximum.
Regarding the loss of interest during the agreed extended period stated in Paragraph 3, a financial institution will be subsidized by the central industry competent authority.
Where disaster impacted enterprises have applied for loans from financial institution as the working capital in their operation recovery plan, they may have their loan interest subsidized if the loan was applied for circulating fund (one year at maximum) or capital financing (three years at maximum).
When the loan stated in the preceding paragraph deemed necessary, relevant credit guarantee fund may provide credit guarantee percentage shall be 90%. During the insurance application, guarantee transaction fees shall not be charged to disaster impacted enterprises.
The scope and operating procedures of subsidy stated in the preceding two Paragraphs shall be defined by the central industry competent authority.
Article 44-9
People in disaster affected areas who file civil litigation against the persons liable for their damages are free from court costs and execution fees provisionally when they appeal to the courts for compulsory enforcement.
Where disaster victims apply for provisional attachment or provisional injunction to ensure compulsory enforcement as stated in the preceding paragraph, the amount of money that the court requires as a guarantee in accordance with The Code of Civil Procedure shall be no more than one-tenth of the price or value of the claim.
The guarantee stated in the preceding paragraph may be provided in the form of a executive guarantees issued by the competent authority.
Where people in disaster affected areas won the appeal according to the final judgment, the Court shall on its own initiative declare a provisional execution. The guarantees provided by the court for the declaration of provisional execution are applicable to rules stated in the preceding two paragraphs.
Article 44-10
Disaster affected areas stated in Article 44-1 to Article 44-9 refers to areas impacted by windstorm, earthquake, volcanic disaster or other major disaster and which would cause severe injury and death. Its range shall be announced by Executive Yuan and be published in Government Notices.
Article 45
(Application of Civil Donation for Disaster Relief)
Any and all civil donations for disaster relief shall be applied in general by the government on conditions that the government shall respect the comments of the donators to have the donations to be exclusively applied for affairs directly related to disaster relief. No donations shall be applied for payments of administrative or operation costs. Detailed accounts of payments made from the donations shall be published.
Article 46
(Commendation of Disaster Prevention Merits)
Any prevention and protection group, prevention and protection voluntary organization or individual who has given extraordinary contributions to engage in disaster prevention and protection works shall be duly commended by the government of each tier.
Article 47
(Compensation for the Wounded and Dead Suffered from Carrying out Disaster Prevention and Protection Action)
Any one carrying out disaster prevention and protection could get payment, and who becomes injured, ill, disabled, or dead in the course of carrying out disaster prevention and protection action under the Act, payment(s) shall be paid according to the following requirements by referring to that permitted for the voluntary fire fighter; and the government shall prepare the budget for the payments of expenditures required:
1. Injury or ill: a certificate for such injury or ill issued by the government shall be produced to a public hospital or a contracted hospital to receive medical care: Provided, however, that medical care may be sought from any hospital in case of emergency.
2. Disabled: the disabled payment shall be paid in a lump sum depending on the gravity of the injury as follows:
(1) Extremely severe and severe degree: 36 cardinals;
(2) Intermediate degree: 18 cardinals; or
(3) Mild degree: 8 cardinals.
3. Death in the event: 90 cardinals of pension is payable in a lump sum
4. Disabled and then dead within one year after the event: payment in a lump sum to make up the deficiency as provided in the preceding subparagraph.
For the purpose of this Article, the amount of one cardinal shall not be less than that of a monthly remuneration of an annual remuneration payable to a civil servant of the fifth post rank.
The authentication of the disabled degree set forth in the second paragraph shall be determined pursuant to “People with Disabilities Rights Protection Act” and related regulations.
When any payment already claimed under the first paragraph herein is lower than that specified in Subparagraphs 2 through 4 of the second paragraph shall be made up the deficiency to the claimant.
Payments to be made under the second paragraph and the deficiency to be made up as provided in the preceding paragraph of this Article shall be issued by the government.
Article 47-1
Where a person is missing due to disaster, the court shall confirm his or her death and time of death according to application of stakeholder or prosecutor even though the body has not been found yet.
The application in the foregoing paragraph shall be made within one year after the disaster.
The missing person in the first paragraph is presumed to be dead at the time confirmed by the court’s final judgment.
Regarding the final judgment on the death and time of death and revocation or amendment to the said judgment, matters concerning the declaration of death by the court stated in Family Act shall be applicable if no regulation has been made in the Act.
A public summon shall be made for court permitted applicant stated in Paragraph 1. Besides, Paragraph 3 and 4 of Article 130, and Paragraph 2 of Article 156 of Family Act are applicable in the case. The filing period shall be three weeks to two months, from the date of publication
Article 48
(The Enactment of Disaster Prevention and Protection Category and Standard)
Categories and standards for the purpose of supports to be provided for the disaster shall be unified and specified jointly by the central disaster prevention and protection operation regulating authorities and the municipal, or county (city) governments.
Article 49
(Reimbursement Regulations for Carrying out Requisition)
Any requisition or purchase made under the Act shall be reimbursed or compensated with the guidelines, procedures, payment methods and other related matters to be enacted by Ministry of the Interior.
Article 50
(Certification of Civil Voluntary Organization of Disaster Prevention and Protection)
Registration and work permit for prevention and protection group of the emergency response measures or prevention and protection voluntary organization shall make recordation with the municipal government, county (city) government; filing requirements of recordation, expiry date, withdrawal, abandonment, guidance and other matters shall be prepared by Ministry of the Interior.
The government shall insure against accident insurance and help provide salvation equipment for prevention and protection group or prevention and protection voluntary organization in record under the preceding provision.
Article 51
(Enforcement Rules)
The Enforcement Rules of the Act shall be enacted by Ministry of the Interior.
Article 52
The Act shall take effect to enforce on and after the date of promulgation, except Article 44-1 to 44-10 amended on March 25, 2016, and shall take effect on August 6, 2015.