Article 44 |
Article 44
Central Disaster Prevention and Protection Commission shall promptly cause the financial institutions to provide loans at lower interest rate to meet the funds required for reconstruction or repair by the people from the disaster affected areas.
Central Disaster Prevention and Protection Council shall approve the ceiling amount of the loans, interest subsides, and loan operation procedure for the purpose of the first paragraph herein. The ceiling amount for interest subsides shall be paid from the budget prepared by the government of each tier. In deciding the range of interest subsides, the extent of damage the people suffered from the disaster and their capability of independent reconstruction shall be taken into consideration. |
Article 44-1
Self-use residence purchased by people from disaster affected areas with a mortgage may have the house and land offset against the loan upon the consent of original loan financial institution if governments at all levels have determined that the residence is severely damaged during the disaster and can no longer be used. The interest of the leftover loan for the remaining years shall be subsidized by the Ministry of the Interior.
The scope, method, procedures and rate of subsidized interest mentioned in previous Paragraph, the determination of a self-use residence that is severely damaged during the disaster and can longer be used, and other matters to follow shall be defined by the Ministry of the Interior with relevant agencies.
Financial institution that bear or dispose the house or land mentioned in Paragraph 1 shall not be bound by Article 75 and 76 of The Banking Act and Article 146-2 of Insurance Act. |
Article 44-2
Regarding all types of loans and credit card debt applied by people in disaster affected areas before the disaster, financial institution shall extend the repayment schedule of the principal and accounts payable. The interest during the extension shall not be charged to the victim and subsidized by the central government accordingly. The subsidy scope, extension period, operating procedures and other matter to follow shall be defined by Financial Supervisory Commission with relevant agencies.
If the term of loan exceeds thirty years due to the extension of capital payment as stated in the preceding paragraph, it shall not be bounded by Article 38 of The Banking Act. |
Article 44-3
All types of relief assistances, monetary condolences or pays for temporary jobs are exempted from tax.
Profit-seeking enterprises that donate relief and reconstruction assistances to people from disaster affected areas through organizations or institutions stated in Paragraph 4 of Article 11 of Income Tax Act shall list the said assistances as the annual expense or loss while filing income tax return. The said assistance shall not be limited by the total amount and is not applicable to Paragraph 2 of Article 36 of Income Tax Act.
Lands and buildings in disaster affected areas that have reached certain qualifications may be exempted from land and house taxes.
The certain qualifications mentioned in the preceding paragraph and the time limit and scope of reduction shall be defined by municipality and county (city) governments in disaster affected areas according to autonomy regulations and shall be reported to the Ministry of Financial Affairs for reference.
The relief assistances, monetary condolences or pays for temporary jobs mentioned in Paragraph 1 shall not be used for seizure, offsetting, guarantee or enforcement. |
Article 44-4
For National Health Insurance beneficiaries in disaster affected areas, their insurance fees, part of medical expenses and general food expenses during the hospitalization within a certain period of time after the disaster shall be supported by the central government and private donations The qualification, conditions, period and other matters to follow shall be defined by the Ministry of Health and Welfare |
Article 44-5
For insured people in disaster affected areas, their farmer health insurance, national pension insurance, labor insurance and employment insurance within a certain period of time after the disaster shall be paid by the central government.
The insured of labor insurance who are suffered from injury or disease due to natural disaster may apply for injury or sickness benefits. The central government shall support required budget accordingly.
The qualification of the insured, claiming terms, payment amount, period and other matters to follow shall be defined by the Ministry of the Interior, Ministry of Health and Welfare and Ministry of Labor. |
Article 44-6
Whereas low income households in disaster affected areas that fail to apply for preferential financing or other subsidies offered by the government have received venture financing loans from financial institutions, the Ministry of Health and Welfare shall subsidize loan financial institution the interest and the loan amount shall not exceed NT$1.500,000
The amount of subsidized interest and application procedures shall be defined by the Ministry of Health and Welfare with relevant agencies. |
Article 44-7
Whereas farms, fish farms and other agricultural facilities that are used as collaterals for the loans are totally damaged or lost, the financial institution shall bear it according to the leftover amount of loan.
Financial institution that bears such loss as stated in the preceding paragraph may be subsidized by the government, where the subsidy can reach 80% of the amount covered by the financial institution at maximum. The subsidy scope, method, procedure and other matters to follow shall be defined by Council of Agriculture, Executive Yuan, with Financial Supervisory Commission. |
Article 44-8
Whereas Enterprises in disaster affected areas suffer from operational difficulty due to the disaster, the central industry competent authority may provide relief support.
The determination of operational difficulty stated in the preceding paragraph, relief measures and standards, and other matters to follow shall be defined by the central industry competent authority and approved by Executive Yuan.
Where enterprises in disaster affected areas suffered from operational difficulty due to the disaster have applied loans before the disaster, the deadline of their repayment of principal and interest may be extended.
Regarding the extension stated in the preceding paragraph, circulating fund may be extended for one year at maximum, whereas capital financing may be extended for 3 years at maximum.
Regarding the loss of interest during the agreed extended period stated in Paragraph 3, a financial institution will be subsidized by the central industry competent authority.
Where disaster impacted enterprises have applied for loans from financial institution as the working capital in their operation recovery plan, they may have their loan interest subsidized if the loan was applied for circulating fund (one year at maximum) or capital financing (three years at maximum).
When the loan stated in the preceding paragraph deemed necessary, relevant credit guarantee fund may provide credit guarantee percentage shall be 90%. During the insurance application, guarantee transaction fees shall not be charged to disaster impacted enterprises.
The scope and operating procedures of subsidy stated in the preceding two Paragraphs shall be defined by the central industry competent authority. |
Article 44-9
People in disaster affected areas who file civil litigation against the persons liable for their damages are free from court costs and execution fees provisionally when they appeal to the courts for compulsory enforcement.
Where disaster victims apply for provisional attachment or provisional injunction to ensure compulsory enforcement as stated in the preceding paragraph, the amount of money that the court requires as a guarantee in accordance with The Code of Civil Procedure shall be no more than one-tenth of the price or value of the claim.
The guarantee stated in the preceding paragraph may be provided in the form of a executive guarantees issued by the competent authority.
Where people in disaster affected areas won the appeal according to the final judgment, the Court shall on its own initiative declare a provisional execution. The guarantees provided by the court for the declaration of provisional execution are applicable to rules stated in the preceding two paragraphs. |
Article 44-10
Disaster affected areas stated in Article 44-1 to Article 44-9 refers to areas impacted by windstorm, earthquake or other major disaster and which would cause severe injury and death. Its range shall be announced by Executive Yuan and be published in Government Notices. |
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