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Chapter 4 Application and Examination
Article 35
In respect of a transportation infrastructure project to be built and/or operated by a private entity pursuant to Item 1 or 2, Article 6 hereof, the competent authority shall announce the programmed contents of building and/or operating said transportation infrastructure project as well as qualification of investors in a public notice to solicit private participation.
An applicant for building and/or operating a transportation infrastructure project shall acquire from the competent authority concerned the relevant information of the program before expiry of the deadline given in the public notice.
Article 36
An applicant for participating in building and/or operating a transportation infrastructure project shall, before expiry of the deadline given in a public notice referred to in the preceding Article, prepare qualification documents, land utilization plan, building plan, operating plan, financial plan and other information required in the public notice and file an application with the competent authority concerned.
Article 37
A competent authority shall organize a Selection Committee to examine and evaluate applicants’ building and/or operating capabilities, soundness of company organizations, feasibility of financial plans, gains from ancillary business, amounts of royalty to be paid, and government subsidies and investments requested on a fair basis and select the best from them.
The period for examination referred to in the preceding Paragraph shall be determined on a case-by-case basis with a notice to the applicant.
Regulations governing organization of and review by the Selection Committee referred to in Paragraph 1 shall be prescribed by competent authorities at various levels in conjunction with government agencies concerned. More than one third of members of the Selection Committee shall be specialists and scholars and the review process shall be made public.
Article 38
A private entity if evaluated as the best applicant by the competent authority concerned shall from the date of receipt of a notice proceed with all preparatory work according to the schedule provided in the evaluation papers, complete contract execution with the competent authority concerned, and start to build and/or operate in accordance with the law.
Article 39
A private entity applying by law for participating in transportation infrastructure project by its own planning as referred to in Item 3, Article 6, shall prepare a land utilization plan, building and/or operating plan, financial plan and other documents required by law and ordinances, and submit the same to the competent authority for examination.
Only after approval of the same and acquisition of the title of land or the right to use the land by itself or with government assistance in accordance with the stipulated schedule and the land utilization plan approved by the government, can it start to build and/or operate.