To improve openness and transparency of important decision-making processes of the MOI, the “Designated Spatial Planning and Utilization Deliberative Information Zone” is established for the public to command important meeting information of Regional Planning Committee, Urban Planning Committee, and Zone Expropriation Examination Committee of MOI on a single platform and diverse participation channels are also offered.
Additionally, to realize legitimate legal procedures, the MOI actively establishes comprehensive deliberative discussion mechanism- public hearing system. In the future, during the screening evaluation of important polices that involve in public rights, the public hearing procedure shall be properly introduced to provide fair and effective public participation means and to improve policy implementation efficacy of MOI as well as to ensure protection of public rights.
Improving openness of deliberative information with active establishment of public hearing system
To actively establish the public hearing system of MOI, during deliberate processes of important policies that involve in public rights, the public hearing procedures shall be properly introduced for fair and effective public participation. Uncertainties shall be clarified through rational discussions to achieve added values of information and decision-making for the improvement of policy effectiveness of MOI and protection of public rights. Additionally, “Designated Zone of Spatial Planning and Utilization Information” is provided on a single platform for the public to access to important deliberative meeting information of Regional Planning Committee, Urban Planning Committee, Land expropriation Examination Committee and online application for attending meetings, and opinion expression will be actively given automatically for opener and more transparent information and diverse public participation channels.
Completion of land expropriation system for the protection of living rights and expansion of public participation
Land and zone expropriation need to be based on public interest and necessities. For expropriation cases, the MOI requests evaluations for public interest and necessities; when expropriation involves dismantle parts, a comprehensive resettlement plan offered by land user applicant is also required to safeguard property right and living right of individuals. To respond to compliance of expropriation with legitimate legal procedures, expansion of public participation, public interest and necessities of acquisition shall be more precisely defined. The MOI will continuously protect living rights, makes procedures more transparent, and expands public participation by active amendments. It will propose public hearings shall be conducted for zone expropriation to ensure public interest and necessities and to safeguard rights of land owners for the completion of land expropriation system.
Amendment of rules governing land readjustment implemented by the private sector for protection of public living rights
According to Interpretation #739 of Shi Zi of Ministry of Justice, procedures for establishment of Preparatory Committee of ”Rules Governing Encouragement for Urban Land Readjustment Implemented by Land Owners,” application of readjustment scope, and proposal approval violate legitimate ones and principle of legal reservation while during the screening procedure, the competent agency did not provide any opportunities for stakeholders to express their opinions and thus, these rules did not comply normal procedures required by the constitution. Hence, on July 27th, 2017, the MOI announced parts of the amended “Encouragement Regulations for Landowners Implement Urban Land Readjustment” to increase the proportion of issuers and scales during preparatory committees were established by land owners. The collegiate system shall be adopted to evaluate readjustment scope and proposals. Before a readjusted zone is approved, land owners shall have opportunities to express their opinions and public hearings shall be convened before the approval of proposals for better protection of public rights.