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

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Q1: Who is qualified for the lease of national farmlands? How is such a leasing priority arranged?

A1:

I. The qualifications and priority for the lease of national farmlands are as follows:

(1) The current cultivators who have cultivated the farmland before July 21, 1993; or the current cultivators who have inherited such farmland, who are willing to pay compensation for the occupying period.

(2) Young farmers who are referred by the central agricultural responsible authority.

(3) Those who are the owners of arable land adjacent to national arable land, who have also actually cultivated their own arable land.

(4) Those who are the lessees of arable land adjacent to national arable land, who have also actually cultivated such leased arable land.

(5) Young people who graduated from agricultural schools and/or have been engaged in agriculture on family farms.

(6) Those who have obtained certification after receiving more than 40 hours of agricultural professional training from the agricultural responsible authority in the past five (5) years.

(7) Agricultural production cooperatives.

II. For the same arable land, in case there are two or more (inclusive) applicants of the same priority, who all make applications within the application acceptance period, in accordance with the provisions of Subparagraphs 2 to 7 in the preceding paragraph, then the final lessee shall be decided by drawing lots.

Note: Regarding the definition of "Arable land" in Paragraph 11, Article 3 of the Agricultural Development Act, in response to the anticipated implementation of the Spatial Planning Act on April 30, 2025, which will replace the applicability of the Regional Plan Act, the definition must be revised accordingly. Consequently, the relevant provisions of the Regulations for the Leasing of National Farmland and the operations for leasing national farmland will also need to be amended. To facilitate a buffer period before the new mechanism is fully revised and to avoid situations where the use of leased land does not comply with the land use control regulations under the Spatial Planning Act, which would require lessees to relocate and seek compensation, and considering that first priority lessees of national farmland have long-term usage rights and their existing legal usage rights are protected, starting from July 1, 2024 (inclusive), applications from second to seventh priority applicants for leasing will be temporarily suspended.

Release date:2024-07-03 Last updated:2024-07-03
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