Article 31
Each government authority appropriates non-public use real estate according to paragraph 1 of Article 38 of this Act, its application name must be as follows:
1. Central organization, school at all levels, applied by its name of each organization, school.
2. Municipality, County(City) Government and their subordinate organization, school, applied by its name of each organization, school; Village(Town, City) Office, applied by its name of Village(Town, City) Office; Municipality, County(City) Council, applied by its name of each council; Village (Town, City) Council, applied by the name of Village(Town, City) Office.
3. Organizations, schools, troops under the Ministry of National Defense and its Subordinate Agencies, applied by the name of Armaments Bureau of the Ministry.
4. Provincial Government and its subordinate organization, applied by the name of Provincial Government and its subordinate organization; Provincial Advisory Assembly, applied by the name of Provincial Advisory Assembly.
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Article 32
The term ”superior authority” mentioned in paragraph 2 of Article of this Act indicates following organizations:
1. Central organization, school at all levels mentioned in the foregoing subparagraph 1 indicate presidential office or each yuan, ministry, committee, department, bureau.
2. Municipality, County(City) Government and their subordinate organization, school mentioned in subparagraph 2 of the foregoing article indicate Municipality or County(City) government; Village(Town, City) office, their superior authority indicates county government; Municipality, County(City) Assembly, their superior authority indicate each assembly.
3. Armaments Bureau mentioned in subparagraph 3 of this article, its superior authority indicates the ministry of National Defense.
4. Provincial government and its subordinate organization mentioned in subparagraph 4, their superior authority indicates provincial government; provincial advisory assembly, its superior authority indicates provincial advisory assembly.
The term “verifying the facts” mentioned in subparagraph 1 of paragraph 1 of Article 38 of this Act indicates that to decide a appropriation is allowed or not by utilization plan, needed area, maps and expenditure budget drafted by the appropriation organization.
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Article 43-2
Non-public use real estate, which may be sold according to subparagraph 3 of paragraph 1 of Article 42 of this Act, can be leased directly; it means that real estate can be sold according to the stipulation of this Act or other laws. However, any one of following real estate shall not be leased:
1. National land decided by local government must be annexed to adjacent land for construction use.
2. Real estate for countervailing tax.
3. On account of land expropriation, consolidation, purchase at declared value, purchase at negotiated value or realization and buying an estate, those lands are incorporated in operational development.
4. Land for public housing.
5. The industrial area arranged by the Ministry of Economic Affairs according to the abolished Act for Enhancing Enterprise Promotion, or land designated and established as industrial zones according to Act for Enhancing Enterprise Innovation, and the arrangement, designation or establishment of land should not be applied by industrial enterpriser or industry developers.
6. National house using others land.
7. National real estate approved within area of corporate development.
8. Land not a public cemetery but its land category is grave and has grave on it.
9. Other special situations not suitable for leasing.
Real estate to lease directly in accordance with the foregoing stipulation can be leased by the National Property Administration directly without having approval for sale by the authority concerned; but if the sale must be approved by the competent authority in charge of relevant enterprise according to law, the competent authority in charge of relevant enterprise shall examine and consider the sale firstly and then handle the leasing.
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Article 48-1
The National Property Administration handling matters stipulated in subparagraph 2, 3 of paragraph 2 of Article 47 of this Act can get approval from the Ministry of Finance to specify specialized and capable government organization or public enterprise agency to do the business.
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