Management of Foreigners Land Right
According to article 18 of the Land Act, only those aliens who are nationals of States that have diplomatic relations with the Republic of China and permit may acquire or create rights over land in the Republic of China. According either to treaty or their municipal Act, Chinese nationals enjoy the same rights in their respective countries. The implementation of this mutual benefit principle complies with Article 19 to 24 of the Land Act, in accepting the foreigner's applications to acquire or transfer the land building right of our country. The procedure of transact a foreigner's application for acquiring (or transferring) the building right.
Laws and Regulations Concerned
A: Article 17 to 24 of the Land law;
B: Operational Directions for Foreigners to Acquire Land Rights in Taiwan (Taiwan interior land doc. No.9070292th, revised by the Ministry of Interior in November 15th, 90)
Required Documents for Registration
1.Application form
2.Documents of evidence citing reasons for registration (such as the memorandum, gift contract, mortgage contract, certificate for the transfer right, judicial decision issued by the court, etc.)
3.The right certificates (include the certificate of landownership, the certificate of constructional improvements ownership and certificates of other rights)
4.Identification evidences of applicants
(1)Natural person
- A.native person: Should submit the identification evidence（include the photocopy of the identity card or the household book, or the replica of the household registration.）
- B.register foreigner: Should present the nationality identification evidences, such as the passport, or any other document of evidence related to their permanent residency status.
(2)Legal person: Should put forward the documents of evidence concerning the registration of such legal person and qualification of its representative.
(3)Overseas Chinese: Should apply and register to the land office that governs the concerned real estate, instead of our department. Overseas Chinese qualifications affirmed as follows:
- A.The one sojourn overseas, which obtained the foreign nationality but did not lose the China republic nationality, acquiring or setting the title to the land according to the homological domestic law with the native person.
- B.Overseas Chinese certificate, applying by the applicant, can use only once by each within a year, counting from the day of issuance to the date of declaring tax to the tax collecting department.
(4)Overseas Chinese qualification certificate acquired by residents of Hong Kong before “the year 1997” (June 30th 86), or by the residents of Macau before the year “1999” (December19th, 88), is free from the effect period influence.
(5)Reciprocal certificate
- A.To apply for acquiring or setting land rights in the territory of the Republic of China, a foreigner shall request the party concerned to submit a certificate produced by a related department of his mother country to prove that the citizens of our country are allowed to acquire or set the same right in that country. If in that country (e.g. the USA), the regulations on the foreigner’s land rights are separately legislated by the administrative regions, a certificate shall be submitted to prove that the citizens of our country may acquire or set the same right in the corresponding administrative region.
- B.If it is known from the existing documents that, the people of our country are allowed by the relate treaties or the laws of a foreign country to acquire or set land rights in that country (for example, the schedule of reciprocal countries concerning foreigner’s obtaining land ownership in our country), it is not necessary for the party concerned to submit the aforementioned certificate.
(6)Others (separate land usage certificate or a copy of usage license, etc.)