| Legislative： |
1.Revision by Decree No. Chan-Chet-11300256820 by the Industrial Development Administration, Ministry of Economic Affairs on March 13, 2024. |
| Content： |
1.For the purpose of handling matters relating to the determination of policy implementation
needs, promotion of government programs, and the public interest under Subparagraph 3 of Point 3
and Point 11 of the Operation Directions for Establishment of Superficies on National Non-public
Use Land (hereinafter referred to as the “Operation Directions”), as well as matters relating to the
market price evaluation, set the recommendation report and contract for setting superficies, the
Industrial Development Administration, Ministry of Economic Affairs (hereinafter referred to as the
“Administration”) hereby establishes these Review and Determination Principles.
2.The scope of enterprises eligible to apply for determination under these Review and
Determination Principles shall be limited to industries under the Administration’s jurisdiction for
industrial assistance.
3.The terms “policy implementation needs,” “promotion of government programs,” and “public
interest,” as referred to in Subparagraph 1, Paragraph 1, Point 11 of the Operation Directions, mean
that the following conditions are satisfied:
(1)The investment plan is a high-value-added and low-pollution plan.
(2)The enterprise will create employment opportunities above a specified threshold during the
term of the superficies.
An applicant that satisfies the conditions prescribed in the preceding paragraph and also meets any
one of the following conditions may be accorded priority in determination:
(1)The applicant has been recognized by the Ministry of Economic Affairs (hereinafter referred to
as the “Ministry”) as an Outstanding Enterprise or designated as a key enterprise targeted for
Potential Enterprise assistance.
(2)The applicant has obtained an official document of an Operational Headquarters Identification
issued by the Administration in accordance with the Regulations Governing the Identification of
Operations Headquarters.
(3)The applicant has obtained an approval letter issued by the Ministry under the Program for
Encouraging Domestic and Foreign Enterprises to Establish Research and Development Centers in
Taiwan.
(4)The applicant has passed the review or Identification process for a subsidy, assistance, or other
relevant program publicly announced by the Ministry and has obtained the relevant supporting
documents.
4.An applicant that satisfies the conditions prescribed in the preceding Point shall submit the
following documents to the Administration when applying for determination:
(1)An application form.
(2)Documents proving the applicant’s eligibility.
(3)An investment and operations plan.
(4)A land-use control and reporting plan.
5.The Industrial Policy Division of the Administration (hereinafter referred to as the “Policy
Division”) shall serve as the point of contact. The division responsible for the applicant’s industry
sector (hereinafter referred to as the “Responsible Division”) shall establish a review committee and
convene a meeting to review the following matters:
(1)The conditions prescribed in Point 3.
(2)The required documents prescribed in each Subparagraph of the preceding Point.
(3)Other matters that must be submitted to the review meeting for review or confirmation.
The review committee prescribed in the preceding paragraph shall consist of seven members. One
member shall serve as the convener and shall be the director or deputy director of the Responsible
Division. The remaining members shall consist of:
(1)One expert or scholar in a relevant field.
(2)One representative of the National Property Administration, Ministry of Finance.
(3)One representative of the Bureau of Industrial Parks, Ministry of Economic Affairs.
(4)One representative of the Sustainable Development Division of the Administration.
(5)One representative each from the competent economic affairs authority or unit and the
competent environmental protection authority or unit of the special municipality, county, or city in
which the land is located.
A meeting of the review committee prescribed in Paragraph 1 may be convened only when at least
one-half of its members are present.
After the applicant’s required documents have passed review and determination by the review
committee, the Administration shall notify the applicant via official document and send a copy of
the notification to the National Property Administration, Ministry of Finance.
Where any required document is missing, incomplete, or illegible, the Administration shall notify
the applicant to make corrections or provide supplementary information within a specified period. If
the applicant fails to do so within that period, or if the documents remain incomplete after correction
or supplementation, the Administration shall reject the application in writing.
6.For an application approved by the Administration following review and determination, the
Administration shall proceed in accordance with the procedures prescribed in the Operation
Directions. After requesting the National Property Administration, Ministry of Finance, to provide
its preliminary review opinion, the Administration shall submit, in sequence, the evaluation report,
recommendation report and format of the contract for setting superficies to the National Property
Administration, Ministry of Finance.
7.The Administration may commission a juristic person or organization to prepare the evaluation
report, recommendation report and format of the contract for setting superficies prescribed in the
preceding Point.
Before the documents prescribed in the preceding paragraph are submitted, the Responsible
Division shall provide opinions based on the needs and professional requirements of the relevant
industry. The Policy Division shall then invite the Responsible Division, experts, and scholars to
convene a meeting to review and confirm the documents.
The Administration shall consult with the National Property Administration, Ministry of Finance,
regarding the proposed format of the contract for the establishment of superficies in order to reach a
consensus.
8.After the Ministry of Finance has approved the terms of the rights under the project-based
establishment of superficies and the relevant procedures have been completed, the Administration
shall regularly supervise and inspect the use of the land by the holder of the superficies.
Cases subject to the regular supervision and inspection prescribed in the preceding paragraph shall
be registered and monitored by the Policy Division. During the term of the contract for the
establishment of superficies, the Responsible Division shall, once every three years, supervise and
inspect the holder’s use of the land in accordance with the land-use control and reporting plan and
other relevant information. The results of such supervision and inspection shall be submitted in
writing to the regional branch of the National Property Administration, Ministry of Finance, having
jurisdiction over the location of the land. |