Legislative: |
1.Promulgated on August 4, 2010 The announcement was made on July 27, 2023 by the Executive Yuan Order tai-gui-zi No. 1125014346. The relevant matters set out in Article 2, Subparagraph 3 of Paragraph 1 Article 3, Article 5, Article 6, Paragraph 1 of Article 7, Paragraph 1 of Article 8, Paragraph 2,3 of Article 10, Paragraph 1 of Article 11, Article 12, Paragraph 1,2 of Article 13, Article 14, Article 16, Paragraph 2 of Article 17, Article 18, Paragraph 3 of Article 21, Article 22, Article 23, Article 24, Article 27, Article 28, Paragraph 1,2,3 of Article 30, Article 32, Article 34, Article 37 pertaining to “ the Council of Agriculture of the Executive Yuan” shall be handled by “Ministry of Agriculture” as governing body, effective August 1, 2023. |
Content: |
CHAPTER 1 General Provisions
Article 1
The Rural Regeneration Act is enacted to facilitate the rural
sustainability, revitalization and regeneration, to improve
production infrastructure, to conserve rural ecology and
culture, to upgrade quality of life, and to construct a new
rural prosperity and beauty.
Article 2
For the purposes of implementing the Act, the term “competent
authority” denotes the Ministry of Agriculture at the central
government, the municipal government, and the county or city
government at county or city levels.
Article 3
For the purposes of implementing the Act, the following terms
are defined as follows:
1. Rural community: Rural villages and settlements with a
certain scale and their neighboring areas related to the
community integrated development; and aboriginal tribe area
shall be included.
2. Rural regeneration plan: a community development plan for
rural sustainable development, revitalization and
regeneration,which is based on the community demands and
proposed by the local community organization or association.
3. Rural regeneration and development zone: a land area
designated by the municipal government and county or city
government through a plan prepared and submited to the
central competent authority for approval in order to
facilitate land revitalization management and meet rural
development demand.
Article 4
The policy implementation of rural regeneration and
revitalization shall comply with following principles:
1. Centering on holistic construction of existing rural
community with a supplementary measure for individual housing
modification.
2. Implementing a comprehensive planning and construction, which
integrates the agricultural production, industrial cultural,
natural ecology and spatial re-use.
3. Creating incentives for collective living and constructing
rural communities with modern qualities of life and
traditional characters.
Article 5
The central competent authority shall direct the overall
resources of rural planning and construction with reference to
the regional policy of agricultural development and to
coordinate all constructions and projects of rural communities
proposed by various governmental departments.
Article 6
The central competent authority shall prepare a policy guidance
of rural regeneration, and submit to Executive Yuan for
approval; its amendment procedure is the same.
Article 7
In meeting the needs to implement the same rural sustainable
development and revitalization, the central competent authority
shall establish a rural regeneration fund of one hundred and
fifty billion New Taiwan Dollars within budgetary period of ten
years after the Act is enacted.
The sources of the said rural regeneration fund includes:
1.governmental input of annual budgets,
2.donations,
3.interest revenues of the rural regeneration fund, and
4.other revenues.
The expenditure of rural regeneration fund shall on following
purposes:
1.Implementation-related expenses of the integrated
environmental improvement, public facility construction,
individual housing modification, industrial revitalization,
cultural conservation and revitalization, and ecological
preservation,
2.Implementation-related expenses of the policy guidance of
rural regeneration, mass plan of rural regeneration, annual
action plan of rural regeneration, and plan preparation and
reviewing of the rural regeneration and development zone,
3.Subsidization to the maintenance and modification of
traditional building and nieghboring areas with historical
cultural and environmental landscape characters,
4.Expenses for conservation, promotion, application and
advertisement of rural heritages, cultural assets and
industrial cultures, which are worth to preserve,
5.Implementation-related expenses of rural survey and analysis,
and improvement, planning and construction of rural production
infrastructures and service functions of individual rural
community,
6.Expenses for promoting recreational agriculture and rural
tourism,
7.Implementation-related expenses of manpower training and
cultivation for the planning, construction, leadership and
sustainable management of rural community, and advertisements
of rural regeneration and revitalization,
8.Administration and general service expenses, and
9.Other expenses related to rural regeneration and revitalization.
CHAPTER 2 Rural Planning and Regeneration
Article 8
The competent authorities at the municipal and the city/county
levels shall consult with local government at township level to
prepare a mass plan of rural regeneration for their jurisdiction
areas, and submit to the central competent authority for
approval.
Preparation of the above mass plan of rural regeneration shall
hold a public reading, and a public hearing if necessary.
Article 9
Local organizations and associations within rural community
shall discuss each other and prepare a regeneration plan of
rural community according to residential needs of community, and
recommend a eligible registered organization or association as
community organization representative (thereafter referred to as
the community organization representative) to submit the rural
regeneration plan to the competent authorities at municipal and
county/city levels for approval.
When there are disputes against the community organization
representative or more than two rural regeneration plans,
proposed within the same community area before the plan is
approved, the competent authorities at the municipal and the
city/county levels shall assist the community to reorganize or
decide by vote.
The aforementioned rural regeneration plan of paragraph 1 shall
include holistic environmental improvement of rural community,
public facility construction, individual housing modification,
industrial revitalization, cultural preservation and reuse,
ecological conservation, land use zoning, vision of public
facilities deployment and subsequent management/maintenance,
fiscal plan,and other items proposed by the community for
developing local distinguishing identities.
Article 10
When received the application of article 9,the competent
authorities at the municipal and the city/county levels shall
make announce ment in a public way that plan allows viewing and
expressing their opinions; the public opinions shall be included
and referred in the consideration for approval.
Regulations governing the application approval procedure, time
and location for public reading, dispute disposing, reviewing
procedure, implementation method, management and maintenance,
inspection method, subsidization standard and other necessary
items shall be formulated by the central competent authority.
The competent authorities at all levels shall grant a subsidy
priority to the rural regeneration plans approved by the article
9 and paragraph 2 of this article (thereafter referred to as
approved rural regeneration plan), which are enclosed with a
community covenant.
Article 11
The competent authorities at the municipal and the city/county
levels shall formulate annual action plan of rural regeneration
in accordance with the mass plan of rural regeneration stated by
article 8 and the approved rural regeneration plan, and submit
to the central competent authority for subsidy application and
setting their implementation items and priority.
The said subsidy application shall not include the costs of land
acquirement.
Article 12
The subsidy of competent authorities at all levels to the
holistic environmental improvement of rural community and public
facilities construction stated in the paragraph 3 of article 9
may include following categories:
1.reconstruction of traditional rural roads and dilapidated
irrigation facilities within rural community,
2.care and other service facilities of rural community,
3.piped water and facilities for reusing water resources,
4.water/soil conservation and disaster prevention facilities,
5.traditional building, cultural heritage, ponds and ecological
conservation facilities,
6.Facilities of spatial reuse, image shaping, environmental
greening and landscape maintenance facilities,
7.sidewalk, bikeway, community road, waterway and parking lot,
8.park, green area, square, sport, cultural and landscape
recreation facilities,
9.sewage, waste collection, and resource recycling facilities
10.internet and information infrastructures, and
11.other facilities designated by the central competent
authority.
Article 13
The subsidy of competent authorities at all levels to the
individual housing modification, stated in paragraph 3 of
article 9, shall comply with following principle:
1.Subsidy to housing construction or modification shall be
limited to the legal houses.
2.Application of subsidization items shall be limited to the
ones facilitating the holistic landscape improvement of rural
community, and the housing modification for internal structure
shall not be included in the subsidies.
3.Subsidy priority shall be assigned to the items reducing
concrete facilities and implementing ecological engineering.
4.Subsidy priority shall be assigned to the houses with the
design ideas of green architecture and low carbon emission.
5.Subsidy priority shall be assigned to the eligible owners who
demolish their houses located in conservation zone and other
building prohibition zone stated by law, and move to live in
the rural community.
6.subsidy priority shall be assigned to the eligible people who
demolish their farmhouse dotted in rural area and move to live
in the rural community.
The regulations on applicant eligibility, necessary
certificates, application procedures, subsidization standard,
permission condition and procedure, inspection mechanism and
other related regulation shall be formulated by the central
competent authority.
Article 14
The competent authorities at all levels may subsidize to the
industrial vitalization stated in the paragraph 3 of article 9,
but the subsidy shall be limited to the agriculture-related
sectors.
Article 15
The competent authorities at the municipal and the city/county
levels may prepare a plan of regeneration and development area
for land use zoning control and public facility allocation
within the rural regeneration plan areas, in accordance with its
land use feature and the regeneration plan.
Article 16
The competent authorities at the municipal and the city/county
levels shall hold a public hearing as preparing the plan of rural regeneration and development area stated in the article
15. But it is necessary to hold a legislative hearing as
required by more than half of the whole adult residents who
registered in the community area of rural regeneration and
development plan. Related opinions and proceedings of
legislative hearing shall be submitted together with book and
map of the plan of rural regeneration and development area to
the central competent authority for approval.
The regulations on preparation and change procedure of the plan
of rural regeneration and development area, public hearing
procedure, time and location of public reading, necessary
certificates, areas, conditions, reviewing, approving and other
related regulations shall be formulated by the central competent
authority.
Article 17
Land uses within the rural regeneration and development areas
shall be managed in accordance with the content of the plan of
rural regeneration and development area.
The regulations on land use controls within the rural
regeneration and development areas, acknowledge standard, land
use density, architecture landscape, management and inspection
manner, reviewing procedure and other related regulations shall
be formulated by the central competent authority in concert with
the concerned central authorities of building and construction
and land administration.
Article 18
The competent authorities at all levels shall encourage, in
accordance with the holistic development requirements of rural
community, to extensively plant trees within the area of rural
community, and establish green belt with ecological and
buffering functions.
Article 19
The public lands within rural community area owned by
governments at all levels and the lands within rural community
area owned by Farmer Association, Fishman Association,
Agricultural Irrigation Association and state-run enterprises
may be reused and revitalized in accordance with the rural
regeneration plan.
Article 20
In order to manage and maintain the public facilities, buildings
and landscapes of the approved rural regeneration plan, the
community organization representative may commonly promulgate a
community covenant.
Article 21
The community covenant of article 20 shall be governed by
following provisions and submit to the competent authorities at
the municipal and the city/county levels for reference; its
amendment procedure is same:
1.public facilities: it is required to get agreements of their
entire owners, representatives or managers.
2.buildings: it is required to get entire agreements of owners
related to the buildings.
3.landscape: it is required to get agreements of its entire
owners related to the landscape.
The successor of building owners aforementioned in the preceding
paragraph shall request to read or photocopy the community
covenant before accepting the succession, and act in accordance
with the rights and obligations written in the community
covenant after accepting the succession.
The preparation and change procedure of community covenant,
exemplar document, time and location of public reading, resolution manner of convention, dispute disposing, procedure of
submitting to the competent authorities at the municipal and the
city/county levels for reference, and other related regulations
shall be further formulated by the central competent authority.
Article 22
Once the community covenant is granted by the competent
authorities at the municipal and the city/county levels for
future reference, to the violators of community covenant, the
community organization representative shall, in advance, advise
the violators to correct their wrong doing against the community
covenant. If the wrong doing involve other related law
provisions, the community organization representative may
request the related authorities to dispose with their laws.
Article 23
For implementing the construction of rural community, the
central competent authority shall establish inspection and
guidance institution, and may reward to the individuals,
organizations or institutes with outstanding performance in
implementing the construction of rural community.
The regulations on the reward shall be formulated by the central
competent authority.
Article 24
The central competent authority shall carry out a general survey
and analysis to current rural development, and establish
evaluation indicators for the rural quality of life.
The central competent authority may, according to the survey and
analysis of preceding paragraph, enforce the improvement,
planning and construction of rural production infrastructures
and living functions of individual rural community.
CHAPTER 3 Rural Culture and Characters
Article 25
The competent authorities at the municipal and the city/county
levels may subsidize to maintenance or modification costs of
buildings with historic cultural value and buildings and their
space with distinguish features merging with neighboring
environment and landscape.
Article 26
The competent authorities at the municipal and the city/county
levels shall carry out a survey on the rural heritage, cultural
asset and industrial culture of rural communities located within
their jurisdiction area, and conserve, promote, utilize and
advertise them in a proper manner.
Article 27
The competent authorities at all levels shall develop recreation
agriculture and rural tourism with reference to agricultural
features, landscape resources, rural development features and
ecological and culture assets.
Article 28
The competent authorities at all levels shall produce
advertising materials of rural community construction, cultural
asset, industrial culture and distinguishing landscape and
ecology for the public and schools at all levels, and
extensively subsidize all relevant advertising and educational
activities.
Article 29
The competent authorities at the municipal and the city/county
levels may prepare a reuse plan of the unused school spaces
located within rural community, and promote urban/rural exchange
and rural experience.
Article 30
The competent authorities at all levels shall accelerate the
manpower training and cultivation of rural planning,
construction, leader and sustainable management, and the policy
promotion for the rural vitalization and regeneration.
The central competent authority shall prepare annual manpower
training plan of rural regeneration, and request the competent
authorities at the municipal and the city/county levels to carry
out the plan.
In implementing the annual empowerment and training plan of
preceding paragraph 1, the competent authorities at all levels
shall, with reference to individual community features and
needs, create the training courses of various degrees for rural
community separately, and carry out serially.
Local organization and institute of rural community shall
complete the training courses of manpower training plan, before
eligible to prepare the rural regeneration plan of article 9.
Article 31
The competent authorities at the municipal and the city/county
levels shall, in accordance with the promotion and enforcement
of rural regeneration plan, assist the local organization to
operate, and establish reward and performance evaluation system.
CHAPTER 4 Other Provisions
Article 32
The provisions of article 9 to article14 and article 18 to 22
may, with agreement of related municipal government or
county/city governments, apply to rural settlements located
within the areas of city plan and national park as long as the
rural regeneration is considered needed by the consultation
result of the central competent authority with other competent
authorities concerned. Required expenditure on the approved
rural regeneration may be sponsored by the rural regeneration
fund.
Article 33
In the area of rural regeneration plan located in city plan or
national park, land use remains controlled under the Urban Plan
Act and National Park Act.
Article 34
The competent authorities at the municipal and the city/county
levels may directly change the annual action plan of rural
regeneration when natural disaster occurs and causes extensive
damages to rural communities, which should not be subject to the
provision stated in the paragraph 1 of article 11 and submitted
to the central competent authority for reference.
Article 35
To the dilapidated area within rural community extensively
retarding community landscape, sanitation and land use, the
competent authorities at the municipal and the city/county
levels may directly carry out environmental greening and
building maintenance or modification when the residential
address and whereabouts of landowner or building-owner is
unknown, and there is no disputation raised during 3-month
period of declaration bulletined by the competent authorities at
the municipal and the city/county levels.
Article 36
In order to protect rural quality of life and production safety,
the hazardous waste dumping in agricultural production area and
land-use behavior damaging to rural developments shall be
prohibited in pursuance with relevant laws of land use
management and environmental protection.
Article 37
The implementation rules of this Act shall be established by the
central competent authority.
Article 38
This Act shall come into effect as of the date of promulgation.
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