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法規名稱(Title) Regulations for Favorable Rentals Regarding Public Land Lease and Superficies in Infrastructure Projects Ch
公發布日(Date) 2012.11.01
法規沿革(Legislative) Promulgated and enforced by Order Tai(89)-Nei-Jhong-Di No.8980839 of the Ministry of the Interior and Tai-Chi-Chan-Guan No.8900029232 of the Ministry of the Finance on October 26, 2000
Article 2 and 2-1 amended by Order Nei-Shou-Jhong-Ban-Di No.0920084214 of the Ministry of the Interior and Tai-Chi- Chan-Guan No.0920024552 of the Ministry of the Finance on August 26, 2003
Article 2 amended by Order Nei-Shou-Jhong-Ban-Di No. 1016651866 of the Ministry of the Interior and Tai-Chi-Chan-Jie No. 1013001095 of the Ministry of the Finance on November 1, 2012.
法規內文(Content)

Article 1 This regulation is enacted according to the “Act for promotion of private participation in infrastructure projects” article 15.2.

Article 2 Rentals calculation for public land in infrastructure projects is as followed:
     1. In building period: land value tax plus necessary maintenance fee.
     2. In operation period: 60% of the amount calculated by rental standard of National Building Land.
     3. If a piece of public land is in between building period and operation period, the rental is equal to the rent in building period plus the rent in operation period.
    If the rental cannot cover the land value tax and necessary maintenance fee, the rental should be increased to cover it.
    During the building and operation period, if the reported value of the needed land increased 50% more than the estimated value on the financial plan, the authority can reduce the stipulated rent.
    According to the regulations of rent calculation in Paragraph 1 or 2, if the financial plan of the infrastructure projects cannot make ends meet, the authority can grant the rent discount.
    If the total present value of cash inflows as stated in the annual operating revenue in the evaluation period of operations, minus the total present value of cash outflows as stated in the annual operating costs and expenses in the evaluation period of operations, is negative for the financial plans of the cases stated in Subparagraph 5, Paragraph 1 of Article 8, the authority can grant the rent discount according to the rent calculation as stipulated in Subparagraph 2 of Paragraph 1 or Paragraph 2.

Article 2-1 If the needed land for infrastructure project is purchased by private institutes and registered to public, during the building and operation period, the authority can give special rent discount despite of the previous regulation.

Article 3 This regulation cannot be used with another favorable rental regulation.

Article 4 If the public land use plan cannot be completed, not due to the fault of the private institution, the government authority can reduce or grant late payment

Article 5 This regulation will active when issued.