Land administration constitutes the fundamental basis of the general management of a nation. It thus has the very important functions of adapting to changes involving national reconstruction, economic development, social security and assurance of the overall interests and properties of the general public. The Ministry of the Interior of the Republic of China is the regulating authority for land administration at the central government level. Land registration is also duly handled by local land offices. The government office handling land administration for metropolitan areas is the Department of Land Affairs. For county and city territories the Land Administration Bureau fulfills this function. The administrators of these departments assume however that the local land administration authorities have set up land branch offices within their jurisdictions to be charged exclusively with land registers, surveys and other activities related to land administration. Figure 5-1 shows the details of the ROC administrative organizational system.
II. Formulating Land Use Regulations
In order to complete necessary ROC Land Use Regulations for solving problems relating to land use and for executing land policies, we have formulated approximately 200 varieties of land administration regulations. These rules include types of cadasters, land values, land rights and territories. (The Land Act, The Equalization of Land Rights Act, The Real Estate Appraiser Act, The Law on the Territorial Sea and the Contiguous Zone of the Republic of China and The Law of the Exclusive Economic Zone and The Continental Shelf of the Republic of China Regulations for Land Registration, Statutes for Farmland Readjustment, Statutes for Land Readjustment in Rural Communities, Real Estate Broker Trade Control Provisions, Land Requisition Provisions, Law Regulating Land Registration Agents, Rules for Land Value Assessments, Regulations for Cadastral Surveys, Regulations for Non-Urban Land Uses etc.)
III. Achieving Sound Control of LandCadasters
In order to preserve social order, the ROC must ensure correct and clear titles to public and private lands and we also must maintain a sound land cadastral control system to serve as the basis for imposition of land taxes and promotion of land policies. To this end, local land administration offices have completed computerization systems for land and building register processes. Tables 5-1 and 5-2 detail the number of land and building register cases completed in the Taiwan Area since January 1999.
IV. Information Concerning Construction and Land Administration
In response to the arrival of the information era, we plan to computerize land administration and also to establish a network that provides multipurpose information in order to enhance administrative efficiency and facilitate formulation of land policies.
1. Project Implementation for E-Access to Land Administration
In order to implement our e-government policy, to enhance user-friendly services and to stay on top of the trend of an intellectual/economy-oriented era, we will utilize sophisticated information facilities and technologies ;to accelerate integration of land administration information systems, establish nationally integrated land administration information systems and expand the scope of land administration e-services, for the purpose of comprehensively enhancing the quality of land administration information services. We plan to implement this project from January 2003 to December 2006. We also plan to develop a web-version of the land administration integration system and further to establish a simultaneous change mechanism for digitalized/illustrated data concerning basic land data encompassing the entire nation. 2. Development of Simultaneous-Change-Land Lot Mapping and Digitalize Data
Based on the basic land lot databank of the entire nation, which we have established, we will utilize: The National Land Administration Information Network constructed through the VPN of the GSN and promoted by the Executive Yuan. The purpose of this information network is to establish a mechanism that simultaneously transfers digitalized/illustrated land lot data completed by nation-wide land administrative agencies to relevant supervising municipal or county/city governments. After completion of this process the data is then transferred to the national land lot databank all in order to enhance its comprehensiveness and support relevant planning, application and policymaking.
3. Establishment of online linkage for government agencies needing to access land lot data, in addition to an operational mechanism for managing land lot data.
V. Achieving Sound Real Estate Transaction Controls
In order to ensure the safety and stability of real estate transactions for the general public, we are promoting systems for the control of real estate broker trades and land registrations by professional agents. To this end, we have established samples of house transaction presale contracts for reference and use by the general public. 1. Certifyinng Lad Registration by Professional Agents
Since 1990, according to the Guidelines of Certification of Land Registration for Professional Agents, we have been accepting applications from certain people who wish to become professional agents in the field of certified land registration. By 2003, 25,169 applicants had been certified and 16,371 of these successful applicants are now practicing under the close supervision of this Ministry. 2. Administering Special Qualification Examinations for Real Estate Brokers
In conjunction with the special national examination for real estate broker candidates sponsored by the Examination Yuan, this Ministry has also been accepting relevant applications for qualification and approval since 1999 pursuant to Candidate Qualification Approval Guidelines, Article 37.2, of the Real Estate Broker Trade Control Provisions. By 2003, more than 15,300 such cases had been examined, among which, more than 11,500 were deemed qualified to take this special examination with more than 3,800 candidates being rejected. All of
these candidates were individually notified in writing of their application results.
VI. Implementation of Land-Rights Equalization
To fulfill government policies of land right equalizations, and of land price increments all in order to benefit the people of this nation and the public sharing of land facilities, this Ministry is planning a justified land price tax system, and also improvements to real estate assessment technology. We are also establishing a real estate appraiser licensing system. Moreover, this Ministry is supervising local governments concerning current land value announcements. 1. The Supervision of Special Municipality/County (City) Governments for
Announcements Relevant to Current Land Values for 2003 Land values decreased an average of 0.24% between 2002 and 2003 compared to previous years. In particular, the current land value of Taiwan Province, and Taipei City decreased 0.31%, and 1.01%, respectively. Kaohsiung City rose 0.32%. In addition, Kinmen County under Fuchien Province rose 12% and Lienchiang County under Fuchien Province stabilized. 2. Compilation of Urban Land Price Indices for the Taiwan and Fuchien Areas To provide the general public with correct information concerning urban land prices, the MOI attempted to compile urban land price indices in 1989. After an assessment in 1990, the MOI then drew up its “Urban Land Price Index Compilation Program” and “Guidelines for Investigation and Compilation of Urban Land Price Indices” as a base for such investigation and compilation. For urban land within Taipei and Kaohsiung Cities and for those cities within counties in Taiwan Province, and of Kinmen County in Fuchien Province, the price indices are derived from land prices weighted by area in a given zone. These price indices are compiled twice a year and published on January 15 and July 15, respectively. Twenty-two issues had already been released by July 15, 2004. The general index of urban land prices in the twenty-second issue is 1.08% higher than that in the twenty-first issue. Specifically the increase for Taiwan Province and Taipei City are 1.23% and 1.47% respectively, and the decrease for Kaohsiung City is 1%. See Table 5-3 for relevant details.
3. The Publishing of Real Estate Transaction Information
Due to a severe lack of public real estate transaction information, there currently exist various problems involving negotiations in this field. In order to resolve this situation, the former Taiwan Provincial Government prescribed a “Plan for Establishing Land Values for Taiwan Province” in 1985. This plan started in 1991 and gradually involved three years of collecting land price information databases for commercial and residential areas within 108 major cities including Keelung. We have been collecting transaction prices of land within Taipei City, Kaohsiung City, Kinmen and Lienchiang Counties since the fourth quarter of 1999 and publishing this data within our“Brief Informational Brochure Concerning Real Estate Transaction Prices in Major Urban Areas of the Republic of China”. Meanwhile, we have also constructed a web site in order to provide fast and complete real estate transaction information for major urban areas. This information serves as an important reference for various government administrations, as well as for purchases, pledges and investments by the private sector. 4. The Establishment of the Real Estate Appraiser System
The creation of an appraiser licensing system is critical to developing sound transactions in the ROC real estate market. Therefore, we commenced enforcing the Real Estate Appraiser Act in October of 2000 with relevant bylaws enacted in 2001. From the beginning of April 2002,the MOI started accepting applications for an appraiser certificate according to the Real Estate Appraiser Act. By 2003, 141 applicants had been certified and 91 of these successful applicants are now practicing under the close supervision of this Ministry.
VII. Reasonable Adjustment of Land Rights
1. Rights of Foreigners to Acquire and Sell Land
To protect our citizen’s livelihoods and national security within the ROC any case of land acquisition or sale must be approved by the relevant special municipal or county governments and reported to the Ministry of the Interior. In the Year 2003, 545 and 567 applications for land acquisition and sales were respectively approved. 2. Promoting Release of Public Land
The release of public land was suspended in 1976, and those people who had already maintained public land leases prior to this suspension were thus deprived of their legal rights to benefit from the release of public land. To protect their interests, procedures to release public slope land and state-owned cultivatable land were published in November 1994 followed by a general plan to implement these releases. By 2003, a total of 45,389 plots covering an area of 20,239 hectares were approved for release by the Public Land Release Examination Committee created by this Ministry in accordance with a release list prepared by public property control authorities. This list was
predicated on the results of previous investigations by pertinent inspectors. As a result, 17,570 plots covering 7,014 hectares are pending release in public gazettes; and 1,625 plots covering 312 hectares have been approved for disposal and subsequently released. In addition, we have also issued released approvals involving 1,250 plots covering 199 hectares. 3. Executing Appropriation of Public Land
To adapt to the land needs of our governmental construction programs, this Ministry is undertaking various public land appropriations. In 2003, 1,561 plots covering 183 hectares were approved for public land appropriation.
VIII. Promoting Land Use
We are presently undergoing land readjusting and requisition by section and city in order to promote land use and development in conjunction with rural community renewal and urban reconstruction. The goal here is to promote synchronous development of urban and rural parts of the country in order to provide an excellent quality of life for the residents of these areas. 1. Farmland Readjustment
We have been effecting readjustment since 1958 in order to improve our nation’s environment for agricultural production and also to promote the use of farmland. As of 2003, 787 districts covering 388,809 hectares had been completely readjusted. (See Table 5-4)
2. Irrigation Improvement for Earlier Farmland Readjustment By 1971, farmland roads falling within those areas that had already undergone readjustment were expanded up to four meters. Parallel water supply and discharge ways were provided with concrete U ditches and also with additional pebble-graded-and-pavedroads to cope with the operational needs of contemporary ROC agriculture. 502 districts covering an area of 64,867 hectares were completed in the period commencing from 1988 to 2003 (See Table 5-5).
3. Rural Community Land Readjustment In order to improve rural communities and to promote the quality of living in these areas, we started land readjustments for rural communities in 37 districts covering an area of 284 hectares. These projects were completed in the period commencing from 1987 until 2003（see Table 5-6）.
4. Urban Land Readjustment Up to 2003, 679 districts, totaling 12,671 hectares, had been completed under urban land readjustment programs in Taiwan (with the exceptions of Kinmen and Matsu where urban land readjustment has not yet occurred). As a result of this urban land readjustment, we have made4,405 hectares of land available for public facilities, and 8,266 hectares for building purposes, saving construction expenses totaling NT$488,448 million for the government (See Table 5-7).
5. Land Expropriation To adapt to the land needs of national reconstruction programs, this Ministry is undertaking land or land improvement expropriations pursuant to land requisition provisions published in February 2000. For this purpose, we organized a land expropriation committee to examine relevant cases. By the end of 2003, 89 meetings were held to examine a total of 4,654 requisition cases encompassing 3,084 cases involving general expropriation and also 735 instances in which we cancelled expropriation procedures. These meetings also involved 687 cases of incorporated expropriation; 36 requisitions by section and 112 other expropriations. 3,058 cases comprising 78,666 plots of land and covering an area of 4,035.74 hectares were approved for expropriation.
23 cases comprised of 4,813 plots covering 501.54 hectares were approved for expropriation by section.
6. Zone Expropriation As of 2003, 45 districts, totaling 3,398 hectares, had undergone zone expropriation in Taiwan (with the exception of Kinmen and Matsu where such zone expropriation has not yet occurred). As a result of these activities, we have made 1,840 hectares of land available for public facilities, and 1,558 hectares for building purposes, thus saving construction expenses of NT$146,710 million for the government (See Table 5-8).
7. Development and Control of Reservations for Aboriginal People At the present time, the Ministry of the Interior is still drafting the aboriginal clan land development management ordinance in order further to develop law and order in these areas and thus to protect aboriginal society and its people. When completed this ordinance will be subsequently amended to the “Guideline of Development and Control of Aboriginal Reservations”. 8. Non-urban Land Utilization Assignment and Control In Taiwan, non-urban land classification has been established mandating that such land should be managed in accordance with the rules of “The Non-urban Land Use Control Regulations”. Also, relevant local town or city offices shall carry out timely inspections on land use. Any possible infraction of these regulations must be immediately reported to the responsible county and governments. During 2003, our various local governments discovered and dealt with infraction regulations comprising 1,844 plots of land covering an area of 518 hectares. The largest such case involved “Farming and Pasturing Land” which involved 1,578 plots of land covering
an area of 433 hectares. The second such instance was “Forestry Land” which consisted of 113 plots of land covering an area of 30 hectares. All violators have been punished with a total of NT67 millions dollars in fines. Because our various local governments have promised to protect land utilization from infractions of relevant laws, these governments have an obvious function to promote to develop and to preserve non-urban land resources.
IX. National Land Survey
1. Re-survey of Cadastral Maps It is our plan finally to clarify cadastres in order to stop disputes over economic boundaries. To this end, we have completed renewal surveys of cadastral maps for Taiwan for the period 1976 through 1988 in three phases. 2,323,438 plots of land covering a total area of 106,881 hectares were completed in this re-survey. At the present time, with the exception of Taipei City and Kaohsiung City, there are over 3.61 million plots covering more than half a million hectares that fall within the urban plan for Taiwan Province that are still awaiting resurvey.
We began follow-up plans commencing in 1990. This action is to be completed in five phases over two decades. For the purpose of finishing these cadastral surveys in the near the future, we will shorten the processing period by 4 years. Until 2003, 2,766,330 plots of land covering 221,654 hectares were completely surveyed.
2. Surveys and Modification of Basic Maps We must update data in the basic maps in order to cope with the requirements of developing a national geographical information system. With these points in mind, we finished the third survey plan and also the modification of basic maps in 2001. We began the fourth plan in 2002. In this project, we are using a numeric method for each year in order to modify the basic maps involved. We thus completed relevant modifications to 601 basic maps of Taoyuan, Hsinchu and Miaoli during 2003. 3. Survey and Modification of Topographic Maps (Economic Planning and Development Edition) We must update appropriate topographic maps in order to cope with the needs of the general public. With this task in mind, we have completed 261 pieces of 1:25,000-scaled topographic maps of the Taiwan Area (Economic Planning and Development Third Edition) stressing re-survey and digitalization in 2001. For the period 2002 through 2003, we persistently undertook re-surveying tasks to modify 4 pieces of 1:100,000-scaled topographic maps, 13 pieces of 1:50,000-scaled topographic maps and 44 pieces of 1:25,000-scaled topographic maps of the northern Taiwan Area. We finished these assignments specifically to meet the requirements of economic planning, transportation and tourism.
4. Cadastral Digitalization We are currently processing digitalization of existing provincial cadastres in order to maintain quality and furthermore to establish land information databases for our national geographical information system. This project ran from 2001 to 2005. By 2003, there were 29,330 drawings completed. In accordance with the Transitional Provisions of Reconstruction of Areas Affected by the 921 Earthquake, we established a plan to process digitalized cadastral maps during 2000 to 2002. To date, we have completed 15,009 germane drawings.
5. Completion of “1st order 2nd Class Leveling Network Measurement” In order to rebuild high-precision height control systems, we supported the completion of 1st order 2nd class leveling network measurements (1,055 points covering an approximate total of 2,110km length of leveling route) from 2001 to 2003. The MOI commenced offering all surveying information on 2,065 1st order leveling benchmarks including 1,010 1st and 1,055 2nd class points to the public during the Land Administration Festival. 6. Construction of Multi-Functional Tide Gauge Sites The precision of height control systems depends on the collection and analysis of tidal information and also on monitoring deformations at the construction of tide gauge sites in Taiwan (including off-shore islands). Thus, the MOI supported the construction of multi-functional tide gauge sites in June 2003 with 8 tide gauges being installed in: Lyudao, Lonedome, Danshuei, Dongshih, Hsinchu, Taichung, Kaohsiung, Fugan. This Ministry also encouraged the installation of flood meters in Taichung, Kaohsiung and Machu. Because of these efforts it is now possible continuously to collect tidal and GPS data in order to formulate the mean sea-level surface, the minimum low tidal surface, maximum high tidal surface.etc. from periodic tide gauges. These measurements and calculations provide the foundation of basic diagram maps and height control systems, which are, regarded as a combination of ortho-height systems and ellipsoid height systems within a global height system.
7. Completion of a Gravity Measurement on 1st Order 2nd Class Leveling Benchmarks In order develop and to fine tune in line with the criteria of a modernistic high-precision height control system, we supported the completion of complete gravity measurement and adjustment work on 1,184 points, including absolute gravity points and 1st order 2nd class leveling benchmarks in April 2003.
8. Supply of Survey Achievements We have developed surveys of all manner of construction projects from the results of successful basic control measurements. The resultant data and concomitant quality affected all aspects of domestic construction. The status of basic control measurement results applications in 2003 is as follows:
(1) Data applications regarding raw and exchange format files received from Continuous GPS
Stations everyday totaled 128 cases, equaling 78,619 data.
(2) GPS measurement applications results were 158 cases, totaling 92,122 data.
(3) Height measurement applications equaled 160 cases, for a total of 40,686 data.
(4) Gravity measurement applications results totaled 48 cases equaling 36,918 data.
(5) Taiwan geodesic applications coordinated data conversion programs encompassed82 cases.
(6) The applications for Taiwan geodesic undulation calculation program totaled 64cases.
X. Territorial Administratio
1. Creating Taiwan Geographic Names Information System This Ministry started in the second half of 1999 a plan to create a “Taiwan Geographic Names Information System”. This plan will consist of an overall census of the names of all places in Taiwan. Furthermore, this plan will attempt to computerize the control of relevant names by creating a database to facilitate administration, local education and map production. As of 2003, the following items have been completed:
(1) A census handbook of geographic names in the Taiwan area.
(2) A Taiwan Geographic Names Information System.
(3) Geographical name census over 74 townships those are subordinate to Taipei County,
Taoyuan County,Hsinchu County and Chiayi County.
(4) A data base of geographic names including Taipei County, Keelung City, Taoyuan County,
Hsinchu County, Hsinchu City, Miaoli County, Yilan County, Chiayi County, Taitung County
and Nantou County. In addition, we have also constructed an upgrade to this entire system. 2. Guarding ROC Sovereignty over the South China Sea In order to protect our nation’s sovereignty over the South China Sea, we, under the approval of the Executive Yuan, have created a “South China Sea Team” whose members come from various ministries. In addition, we have also set up an “Outline of South China Sea Policies”. We finished these projects in 2000.
(1) In July 2003, the Kaohsiung City Government finished its report of a project concerning
investigation and assessment of the possibility of constructing quays on both Taiping Island
and Dongsha Island.
(2) In Aug 2003, Minister Yu visited Taiping Island where he held an opening ceremony concerning
the construction of a first order satellite–tracking control point. He also proposed the idea of an
oceanic park, and he landed on Jhongjhou Island to claim sovereignty over this territory by
raising our national flag on this island.
(3) In Oct 2003, we held the 7th meeting of the “South China Sea Team” at which we discussed
how to guard our sovereignty over the South China Sea. 3. Publishing Bilingual Maps for all Levels of Administrative Areas In cooperation with the “Challenge 2008 National Development Plan” and “Active Program Concerning Building an English Living Environment”, this Ministry is working to create an internationalized, English living environment. With this goal in mind, we have drawn up a“ Project for Compilation, Publication and Digitalization of Bilingual County and City Maps subsidized by the Ministry of the Interior”. “Project for Compilation, Publication and Digitalization of Bilingual Township Map Subsidized by MOI” and “Renewing Project of Taiwan Area Map” as sub-programs. Afterwards, these undertakings were merged into one project called “Project on Publishing Bilingual Maps for all Levels of Administrative Areas”. In 2003, we entrusted these merged projects to two private enterprises that will produce 9 county or city bilingual maps,164 Township bilingual maps and one Taiwan bilingual map this year. 4. Drawing the Draft on the Law of Administrative Division In order to legitimatize our division of administrative areas, this Ministry took specific action under a section of the ROC Constitution titled: “The central government shall have the power of legislation and administration on the affairs of division of administrative areas, but the central government may delegate this power of legislation and administration to local governments. With these points in mind, the MOI constructed a Draft on the Law of Administrative Division, and furthermore sent this draft to the Legislative Yuan for review. The Legislative Yuan then passed this plan in its first examination of 1996. Also during the most recent five-year-period, the organizational structure of Taiwan province was annulled, and the “Law of Autonomy” and the “Law of Executive Procedure” were promulgated. In order to fulfill the requirements of this new situation, we withdrew our previous draft on the Law of Administrative Division from the Legislative Yuan. The Executive Yuan then passed our revised plan in July 2003.
5. Application for Permission to Delineate Courses for Laying and Maintaining Submarine Cables or Pipelines on the Contiguous Continental Shelf of the Republic of China As provided by these pertinent regulations, we chaired 6 examination meetings in 2003 during which this Ministry approved 3 applications for course exploration, one application for laying pipelines and 21 cases for maintenance.
6. Hydrographic and Land Map Reviews As provided by the “Statute for Examination of Hydrographic and Land Maps”, any maps of hydrographic areas and land other than those produced by the Ministry of the Interior and the Ministry of National Defense shall not be officially registered and published. In other words, these ministries must vet all such maps beforehand. So far, we have reviewed 18 relevant maps with 11 approved for publication in 2003.
