No Support JavaScript
Main Content Area
:::

Content

Title: Disposal Directions for National Non-public Use Land Located within the Authorized Space for Development Ch
Date: 2015.12.21
Legislative: 1.Stipulation and promulgation in accordance with Order Tai-Cai-Chan-Guan-zi No. 10040023003 dated September 15, 2011 from the Ministry of Finance
2.Amendment and promulgation (of Articles 3 and 4) in accordance with Order Tai-Cai-Chan-Guan-zi No.10140008622 dated June 4, 2012 from the Ministry of Finance
3.Amendment and promulgation (of Articles 2 and 3) in accordance with Order Tai- Cai-Chan-Guan-zi No.10340013682 dated July 8, 2014 from the Ministry of Finance
4.Amendment and promulgation (of Article 4) in accordance with Order Tai-Cai-Chan-Guan-zi No. 10440017900 dated December 21, 2015 from the Ministry of Finance
Content:

Article 1

The applicant, provided with the permission of development, preparation, or installation issued by the competent authorities of the respective industries, shall apply for the use of national non-public use land(s) within a permitted scope in accordance with these Directions.

Article 2

The executive agency of these Directions shall be the respective Region Branch of the National Property Administration, Ministry of Finance

Article 3

National non-public use land, in compliance with one of the following conditions, may be offered for sale in accordance with the provisions of Subparagraph 4 of Paragraph 1 of Article 52-1 of the National Property Act and Subparagraph 4 of Paragraph 1 of Article 55-1 of the Regulations for the Enforcement of the National Property Act.

(1)  Where the national land is for paying tax in kind in accordance with the Estate and Gift Tax Act.

(2)  Where the total area of the national non-public use land is less than 1,650 square meters (m2), and even calculated in combination with the area of the adjacent national public and non-public use lands outside the permitted development scope, is less than 1,650 m2.

(3)  Where prior to the promulgation of these Directions, the applicant has occupied the national land, is listed as the object of legalization counseling by the competent authorities of the respective industries, and is indicated to be approved for obtaining ownership thereof, has engaged in a contract for applying for the consent for development, and has been issued a certificate of consent for development of the national non-public use land.

The real estate that may be offered for sale prescribed in the preceding paragraph shall be subject to a redemption clause, while the manner of its implementation shall be determined separately by the National Property Administration, Ministry of Finance.

 Article 4

National non-public use land that is not offered for sale or may be sold, but the applicant does not apply for a sale, may be processed in accordance with the following provisions:
(1)   It may apply for consigned operation stipulated in the Implementation Directions for Consigned Operation Business of National Non-Public Use Property.
(2)   It may apply for exchange, specified in the Regulations for Exchange Between National Non-public Use Real Estate and Other Real Estate.