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National property for lease, leasing by tender, leasing and rent calculation of national property

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Q5: Can leased national farm, forest, and aquacultural land be used to build farmhouses or other facilities?

A5:

The lessee of national land leased out for cultivation, farming (including original B type forest land), animal husbandry, afforestation (including original forest A), and aquaculture (hereinafter referred to as leased national agricultural land) is not allowed to build farmhouses but can use part of the land for agricultural facilities on condition that the agreed use shall be maintained. The lessee's application for the construction or a supplementary application for agricultural facilities after the construction has been completed shall be handled as follows:

(I) National land leased out for farming and aquaculture is subject to The 37.5% Arable Rent Reduction Act:

1. The lessee should submit the application attached with facility drawings (indicating the items and location of building, area of land of building site, floor area and height, and a brief schematic diagram) to the leasing agency. The latter will conduct a site survey with the lessee. If there are no conditions deemed to be "not farmed by the lessee himself/herself" that shall make the lease invalid according to the Taineizi No. 0930066140 official letter issued by the Ministry of the Interior on March 10, 2004, the leasing agency may issue a certificate of land use in duplicate, one copy for the lessee and the other attached to the lease file for future reference (as for agricultural facilities of which a construction license according to the relevant construction laws and regulations shall be applied for, an additional copy should be issued to the lessee so that he/she can submit it and apply to the construction management agency). The longest period of validity is one year and cannot exceed the expiration date of the lease term.

2. The lessee shall apply to the local agricultural competent authority for permission to use within the validity period of the certificate in accordance with the "Regulations for the Review of Application for Permission for Agricultural Land Used for Agricultural Facilities.” If the application is not submitted by the deadline, the application is rejected by the local agricultural competent authority, or if the permission has been revoked by the agricultural competent authority because the lessee has violated the provision included in the permission and the facility has been constructed, the leasing agency shall determine that the lease is invalid according to the provisions of Article 16 of The 37.5% Arable Rent Reduction Act.

(II) Other leased national agricultural land other than the foregoing mentioned in the previous paragraph: the lessee shall submit the application attached with the facility drawings (indicating the items and location of building, area of land of building site, floor area, height, and a brief schematic diagram) to the leasing agency in accordance with Article 7 of the "Rules of Review of Leased National Agricultural Land Approved for Construction of Agricultural Facilities" issued by the National Property Administration. The leasing agency will review and process it according to the Rules mentioned above.

Release date:2020-06-22 Last updated:2022-11-21
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