| Legislative： |
Promulgated on October 15, 2018. |
| Content： |
Article 1:
The Regulations are enacted pursuant to Paragraph 3, Article 13
of the Act of Establishment and Administration of Agricultural
Technology Parks (hereinafter referred to as “the Act”).
Article 2:
For private plants and relevant research/production facilities
in Agricultural Technology Parks, provided any one of the
circumstances as prescribed in Paragraph 1, Article 13 of the
Act, the Agricultural Science Parks Administration (hereinafter
referred to as the ”Administration”) may procure such private
plants or relevant research/production facilities (hereinafter
referred to as “Procurement Object”) from the owners thereof,
and inform the rightholder of other rights.
Article 3:
The Procurement Object may be leased or sold by the
Administration to the enterprises, innovation incubation
centers and research institutions in the parks if approved by
the Administration.
Article 4:
Upon procurement in accordance with provisions of Article 2,
the Administration will invite the owner of Procurement Object
to negotiate for procurement. If negotiation fails, it will be
procured according to the price evaluated by the
Administration.
Article 5:
In order to evaluate the procurement price as prescribed in
the preceding article, the Administration may establish
Agricultural Technology Parks Private Plant and Relevant
Research/Production Facilities Procurement Price Review
Committee (hereinafter referred to as “Review Committee”),
in which seven to nine committee members will be set, and the
Administration will designate or appoint the following
personnel as committee members, and the Deputy Director
General of the Administration will be the convener:
1.One Deputy Director General of the Administration;
2.One Supervisor from the procurement unit of the
Administration;
3.One to three expert(s);
4.One real estate appraiser or one supervisor from the real
estate assessment handling unit of a bank stationed in the
parks;
5.One representative from the land administration and the
tax authority of county (city) government where the
Procurement Object locates in respectively;
6.One representative from the architects association in the
county (city) where the Procurement Object locates in;
Article 6:
The Administration shall conduct procurement according to the
following procedures:
1.The Administration will submit the Price Evaluation Form to
the Review Committee for assessment. When convening a meeting,
Review Committee shall inform the owner of Procurement Object
to attend to state opinions, and the owner shall leave after
statement;
2.For the procurement price after the Review Committee's
assessment on current value of Procurement Object, the
Administration will serve written notice to the owner of such
object for procurement;
3.If the owner of Procurement Object disagrees with the
assessment price, within fifteen days after receiving the
notice, he/she may state the reason and ask the Administration
for reassessment;
4.If the owner of Procurement Object agrees with the assessment
price, the Administration will serve written notice to such
owner according to the assessment price, and send a copy to
the rightholder of other rights. The owner of Procurement
Object shall receive price payment and submit the certificate
of title and relevant certificates within twenty days after
receiving the notice. In case of failure to do so in due time,
it will be claimed pursuant to law;
5.For other rights originally set in Procurement Object,
the Administration will deduct relevant amount from the
procurement price payment and transfer it to the rightholder
of other rights, and the residual price payment will be
transferred to the owner of Procurement Object;
6.After issuing the price payment of Procurement Object, the
Administration will provide relevant certificates to entrust
land administration office to conduct change in building
rights or registration of cancellation of other rights;
Article 7:
The expenditure which the Administration needed in the objects
procurement shall be budgeted by the operating fund of the
Administration. If it is not budgeted, the Administration may
first make the payment by fund raising, and make up budget
according to relevant regulations.
Article 8:
The original land lease agreement will be terminated on the
date of completing the payment of procurement price, and the
land originally leased will be taken back by the Administration.
Article 9:
The Regulations come into effect on the date of promulgation. |