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Historical Materials Related to Establishing Superficies on National Non-public Use Lands through Tendering

Historical Materials Related to Establishing Superficies on National Non-public Use Lands through Tendering In line with the policy of not selling large-scale national lands, the National Property Administration (NPA) (which was formerly National Property Bureau (NPB) prior to January 1, 2013) has actively promoted the establishment of superficies since 2008, where large-scale lands located in Taipei City, etc. were selected and announced for the setting of superficies through tendering. However, the market response was lackluster. The National Property Administration conducted a review of the market and operation aspects, and held seminars in April and May of 2009, with invitations extended to the industry and scholars. Moreover, the Ministry of Finance studied, reported, and proposed an amendment draft of Implementation Directions for the Establishment of Superficies on National Non-public Lands to the Execution Yuan for review of results. According to the review by the Executive Yuan, the Implementation Directions seemed to be inconsistent with Paragraph 3 of Article 47 of the National Property Act. Accordingly, the Ministry reported to the Executive Yuan for approval to cease the application of the Implementation Directions as of December 31, 2009. In order to expedite the promotion of the business of establishing superficies, the National Property Administration comprehensively reviewed the operation of establishing superficies on national non-public use lands in line with amendments to the legal provisions related to the Mortgage Chapter of the Civil Code and the needs of practical operations, and made a timely revision to the Implementation Directions for the Establishment of Superficies on National Non-public Lands on January 7, 2010, in response to practical operations, with the instructions of the Executive Yuan, to apply the Implementation Directions to handle the business of establishing superficies.