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Urbanand and Rural Development

1,A :

When an overseas Chinese resident sells his real estate in Taiwan, does the required documentation (i.e. statement of authorization that designates a representative in Taiwan to oversee all matters pertaining to the sales of the property in question issued by the overseas’ agency, photocopy of the seller’s passport and so forth) have to be translated into Chinese and notarized by notary public in Taiwan, or would the seller be able to vindicate the authenticity of these documentations by him/herself? A: The following excerpt has been taken from Article 17 of the Enforcement Rules of the Nationality Act for your reference: “As stated, the required substantiating documentations written in foreign languages shall be affixed with a translated version in Chinese… The Chinese translation, defined in Item I must be notarized by the corresponding embassy and a notary public in Taiwan.”

2,A :

If a Taiwanese resident wishes to transfer a property under his possession to his spouse (a citizen of Thailand), what would be the procedures involved? What documentations would be needed and what are the restrictions involved? A: In reference to the bureau’s interpretation of the letter Tai-Nei-Di No.0920011585 issued on August 8, 2003, “Citizens and organizations of Thailand are entitled to the right to acquire land rights in Taiwan for residential or investment purposes based on Article 18 of the Land Act, which states ‘Only those aliens may acquire or create rights over land in the Republic of China who are nationals of States that have diplomatic relations with the Republic of China and permit, according either to treaty or to their municipal Acts, Chinese nationals to enjoy the same rights in their respective countries’”. In addition, Article 17 of the Land Act states: “Lands of the following descriptions shall not be transferred or leased to aliens, nor may encumbrance on them be created in favor of aliens:
(1) Forest lands,
(2) Fisheries,
(3) Hunting grounds,
(4) Salt fields,
(5) Lands with mineral deposit,
(6) Sources of water and
(7) Lands lying within fortified and military areas and lands adjacent to the national frontiers.
” Application procedure: Foreigners wishing to acquire land rights in compliance with relevant regulations shall submit the following documentations to the local land office where the site in question is located. The land office would, in turn, submit the application to the municipal government for approval: II.Land Registration Application. III.Substantiating documentation for the registration (i.e. sales contract, gift deed and so forth). IV.Land Ownership Certificate. V.Identification of the owner and the obliged in the process of transferring land ownership. VI.Tax declaration or exemption documentations (i.e. for land value-added tax or deed tax/gift tax declaration or exemption statements). VII.Land Use Zoning Certificate (not required if the site in question is not classified as urban land). VIII.Authorization Statement (required if the applicant is unable to apply in person). IX.Other substantiating documentations required by other central land administration agencies. If you have further inquiries, please contact the local land office where the site in question is located and provide a detailed description of your issue.

3,A :

A relative of mine is currently residing in Hawaii is thinking of buying a house in Taiwan for travel and vacation. If this is permitted, what regulations are involved in the process? What documentations does he need to prepare and what problems might he face? A:I.Relevant regulations which related to the acquisition of real estate in Taiwan for foreigners would be Article 17 to Article 20 of the Land Act and relevant portions in the Operational Directions for Foreigners to Acquire Land Rights in Taiwan. II.Foreigners wishing to acquire real estate shall submit the following documentations to the local land office where the site in question is located:
(I)Land Registration Application.
(II)Identification of the owner and the obliged in the process of transferring land ownership.
(III)Sales and Rights Transference al Contract.
(IV)Tax declaration or exemption documentations (i.e. for land value-added tax and deeds tax).
(V)Reciprocal documentation (in this instance, such documentation is not required since Hawaii (being part of the United States) has already been included in the Taiwan’’s list of reciprocal nations).
(VI)Land Use Zoning Certificate (not required if the site in question is not classified as urban land).
(VII)Land Ownership Certificate. (VIII)Authorization Statement (required if the buyer is unable to apply in person).
(IX)Other substantiating documentations required by other central land administration agencies. III.Relevant operating procedures and information on how foreigners acquire land rights have been posted on MOI’’s Department of Land Administration at http://www.land.moi.gov.tw. Simply go to Free Downloads -> Application Forms -> Land Rights -> Operational Directions for Foreigners to Acquire Land Rights in Taiwan and refer to the document accordingly. IV.If you have further inquiries, please contact the local land office where the site in question is located and provide a detailed description of your issue. Source: Ministry of Interior, Department of Land Administration Website: http://www.land.moi.gov.tw/chhtml/index.asp




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