Chapter  5 Handling the lands of the guilds

Article 49
After receiving the certificates of successors, the manager, successors or stakeholders who discover any missing listing or mistakes in listing the buildings or properties related to the guilds should make changes on their list after receiving consent from 50% of their members via written form and attach a copy of the certificates of the properties (lands). They should submit such inquiry to change to local district offices for announcement of 30 days and confirm changes if no one raise any dissidence during this period. If anyone raises dissidence, they should submit the inquiry to the court for clarification and follow the court’s ruling.

Article 50
After receiving the certificate of successors, the managers of the guilds should handle the related lands and buildings 3 years after reporting to the local district offices:
1. Register the guilds as corporations after receiving the consent of more than 50% of its members. Apply for the change of ownership to its corporations.
2. Create a legal corporation based on Civil Laws after receiving the consent of more than 50% of its members. Apply for the change of ownership to its legal corporations.
3. Apply for changing the ownership to collective or individual successors based on related contracts.
The guilds who have received the certificate of successors based on the articles stated before should follow each regulation three years after the Act take effect.
The guilds who fail to follow the previous 2 sections should remind their local land administration offices to register the lands/buildings to respective successors based on the current name list that the local authorities have in hand.

Article 51
If any of the following items occurs in the guild that has finished the process stipulated in Article 7 for three years, they should request local authorities concerned to help sell their properties other than the public-owned properties:
1. No one declares properties after three years.
2. The court has ruled against the application and the guild does not apply for further appeal.
3. The court has confirmed to rule again its appeal.
If the guild or stakeholders have a justifiable reason to counter argue the above-stated occurrence, they may apply for suspension of following the procedures.
The related procedures, requirements, deadlines and the floor price of the properties should be based on the instructions of the authorities concerned.

Article 52
The following is the priority of buyers for the lands stated in the previous article:
1. The owner of superficies, people of pawning rights or the permanent tenancy right.
2. Lessee of the lands or farm lands.
3. The collective owner of shared lands.
4. The owners of the lands who have more than 10 years of ownership prior to the promulgation of the Act, and till the land sales through open tender the owner is still in occupancy of land.
The order of priority stated in Subsection 1 should be “first come, first served”.

Article 53
The authorities concerned should make announcement for three months prior to selling the lands on behalf of the guilds. The authorities concerned should state the purpose of priorities in the announcement and notify its potential buyers via announcement. The potential buyers who cannot submit written proposal 10 days after the bidding is over will be regarded as giving up their rights.
Before the authorities concerned announce for selling the properties on behalf of the guilds, they should make inquiries to local tax administration offices, household registration offices, civil and land administration offices etc. In the case that the successors or stakeholders can be discovered, the authorities concerned should notify them as well.

Article 54
The local authorities concerned should have a special account to help clear the custody money for land rights to keep custody the revenue earned from selling the lands.
The local authorities concerned should subtract 5% of the earnings gained from selling the lands on behalf of the guilds as handling fee, another 0.05% for clearing bonus and pay the tax subject to related laws before saving the remaining in the afore-stated custody account.
Any guild can apply from the local authorities concerned to for the earnings gained from selling the lands by providing related documents 10 years after the special account was opened. The local authorities concerned should return the gain on selling the lands (by subtracting necessary taxes and the adding necessary interests) after review if no one raises dissidence 3 months after promulgation. After 10 years, if there is still money remaining in the special account, it should be confiscated to the National Treasury. The savings, custody and confiscation as well as the distribution, review and approval for the clearing bonus should be based on the instructions of Central Government.

Article 55
In the case that the lands referred to in Article 51 is still not sold after second bidding, the local authorities concerned should register the lands on the guild’s behalf and confiscate to national property.
The guilds may apply to local authorities concerned for the gain from selling lands by attaching related documents 10 years after registering the nationalized lands. The local authorities concerned should return the gain on selling the lands (by subtracting necessary taxes and the adding necessary interests) after review if no one raises dissidence 3 months after promulgation. The amount needed should be deducted from the custody account; in case of any shortage, the National Treasury should provide support.