國軍老舊眷村改建條例施行細則

The Rules are enacted in accordance with Article 29 of the Statute Governing Reconstruction of Old Military Dependents' Villages (hereinafter referred to as the "Statute").

The middle-to-low income household referred to in Article 1 of the Statute shall meet the following circumstances: Subparagraph (1) Female of the age of not less than 22 years old and male of the age of not less than 25 years old, with registered permanent residence locally; Subparagraph (2) All the householder, his/her spouse and cohabitant lineal relative(s) shall not own any house; Subparagraph (3) The family meets the requirements for a low income family noticed by the Executive Yuan.

The Development Committee of Reconstruction of Old Military Dependents' Villages referred to in Paragraph 2, Article 2 of the Statute (hereinafter referred to as the Development Committee) shall have the convener assumed by the Minister of the Ministry of National Defense, and 12 commissioners assumed by the Vice Minister of the Ministry of National Defense, the Directorate General of the General Political Warfare Bureau, Administrative Deputy Minister of the Ministry of National Defense, Deputy Secretary-General of the Executive Yuan, and the deputy directors from the Ministry of Interior, the Ministry of Finance, the Ministry of Justice, the Directorate General of Budget, Accounting and Statistics ,Executive Yuan, the National Development Council, Taipei City Government and Kaohsiung City Government, who shall be responsible for coordinating and promoting the reconstruction of the old military dependents' villages. The convener shall be the chairperson of meetings held by the Development Committee and shall invite professionals and scholars to attend the meetings. Where the convener fails to attend the meetings, he shall designate one of the commissioners as the chairperson.

Where the land of the old military dependents' villages and of unavailable military base camps reported to and appraised by the Executive Yuan as referred to in Paragraph 1, Article 4 of the Statute is owned by the government, the competent authority shall record it and appoint the local land administration office to change the administration authority of the land to be the General Political Warfare Bureau of the Ministry of National Defense. Where the geographical mark for the old military independents' villages and unavailable military base camps are missed or should not be included into the scope of the occupation in the land record of the book for reconstruction of military independents' villages, the competent authority and administration office shall conduct an appraisal on them together with the owner of the land thereof and proceed to record the change upon verifying it

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The reconstruction Foundation of the old military dependents' villages as referred to in Paragraph 1, Article 8 of the Statute (hereinafter referred to as "Reconstruction Foundation") shall be regarded as the special Foundation referred to in Paragraph 1(2) of Article 4 of the Budget Law, and the compilation of the budgets of affiliated organizations thereof shall be governed by the Ministry of National Defense.

Paragraph (1) The revenue for the special budget referred to in Article 9 of the Statute shall be made based on the current price of the military dependents' villages valued by the Executive Yuan according to Article 4 of the Statute. Paragraph (2) The land referred to in the preceding paragraph which is intended for the construction of residence communities shall be priced based on the total price upon the estimated adjustment on the announced current land price. The rest land shall be priced based on the estimated price to be collected upon the disposition of the rest land.

Paragraph(1) In the event that the resident military household applies for a loan from the Reconstruction Foundation with respect to the amount to be burdened on its own subject to Paragraphs 1 and 2 of Article 20 of the Statute in order to purchase the residence constructed subject to the Statute, or the residence constructed by the government or public housing subject to Paragraph 5, Article 19 of the Statute designated by the competent authority, or the military independents' residence constructed subject to Paragraph 1, Article 28 of the Statute, or with respect to the price difference of the subsidy that it volunteers to accept from the competent authority for purchasing the residence constructed by privates, the loan interest rate shall apply the interest rate for the loan granted by the central government to government employees and teachers. The basic credit line for such loan is one million NT dollars, with the duration of 30 years. The capital and interest accruing there from shall be paid in monthly installments. Paragraph(2) Where the residences and bases for which the resident military households apply for loans as referred to in the preceding paragraph are sold, mortgaged, given as a gift or exchanged in the duration of the loan, the resident military household shall pay off the capital and interest for the loan immediately. Paragraph (3) The requirements governing the application for the loans as referred to in Paragraph 1 shall be defined by the Ministry of National Defense separately.

Paragraph (1) The reconstruction plans drawn up by each leveled local governments according to Paragraph 3, Article 9 of the Statute shall be reported to the Executive Yuan via the competent authority. Paragraph (2) The reconstruction plans shall specify the commencing and closing dates of the reconstruction, reconstruction projects, and the rules to guide the military households to purchase houses, and the measures to take care of illegal occupied households.

The completion of the buildings defined in Article 12 of the Statute shall be based on the date when the competent authority approves the completion of the construction work.

Paragraph (1) The land referred to in Article 12 of the Statute shall be valued on a project basis, namely the land price valued case by case. Paragraph (2) The guidelines governing the valuation of the land as referred to in the preceding paragraph shall be made by the competent authority.

Paragraph (1) In order to cope with the reconstruction of the military dependents' villages, the resident military household shall move out within the prescribed time limit. Any military household that fails to move out within the prescribed time limit voluntarily shall be considered disagreeing with the reconstruction and shall be dealt with by the competent authority subject to Article 22 of the Statute. Paragraph (2) The resident military household that moves out of the residence shall be reimbursed with a subsidy in the amount of NT$10,000 per household. The resident military household that conducts the reconstruction at the same premises or works with the local government in the local government's public works to tear down the premises, so as to move out of the residence preliminarily and then move back to the residence, shall be reimbursed with a subsidy in the amount of NT$20,000 per household, in addition to a subsidy for monthly rental in the amount of NT$6,000 payable from the date of moving out until the date of completion of the work. Paragraph (3) The subsidy referred to in the preceding paragraphs shall be payable by the competent authority as of the approved date of moving out, provided that the subsidy for rentals shall be payable by the competent authority in installments upon the resident military household's moving out. The subsidy for rentals of six months shall be payable per installment until the completion of the work. The duration of less than one month shall be calculated as a full month.

Paragraph (1) For the additions of premises made by the resident military household independently in the old military independents' villages, the competent authority shall reimburse the household subject to the local government's guidelines governing reimbursement for the public work of tear-down as available at the time when the additions of premises are torn down. The occupied area of the premises to be taken into consideration shall be calculated as following: Subparagraph (1) The occupied area to be reimbursed is equivalent to the total occupied area of the existing premises (including the occupied areas of the distributed military dependents' house and of the additions of premises) minus the occupied area of the house originally distributed to the military independents and the occupied area of the purchased house upon subsidy. Subparagraph (2) Where the resident military household raises partial money on its own and works with the government's reconstruction upon subsidy, or performs the reconstruction at its own cost subject to Paragraph 1(3), Article 3 of the Statute, the occupied area to be reimbursed is equivalent to the total occupied area of the existing house minus the occupied area of the house to be purchased upon subsidy. Paragraph (2) The said reimbursement shall apply to the houses per se only.

Paragraph (1) The occupied areas referred to in Article 16 of the Statute means the indoor private areas of the house placement, exclusive of the public occupied areas and the area of balconies, which are specified as following: Subparagraph (1) 12 pings: 40 square meters Subparagraph (2) 26 pings: 85 square meters Subparagraph (3) 28 pings: 92 square meters Subparagraph (4) 30 pings: 99 square meters Subparagraph (5) 34 pings: 112 square meters Paragraph (2) The occupied areas referred to in the preceding paragraph may be increased or reduced for 2% subject to circumstances.

Paragraph (1) For the reimbursement for the tear-down of public utilities defined in Article 18 of the Statute, the competent authority shall appraise and measure the land for the public utilities physically together with the governments of special municipality, county, and county-level city, and the authority in need of the land. The reimbursement for buildings on the land shall be allotted by the governments of special municipality, county, and county-level city, or the authority in need of the land, to the competent authority as the Reconstruction Foundation. Paragraph (2) The competent authority shall reimburse the resident military households involving in the tear-down work referred to in the preceding paragraph subject to Article 13 and Article 14 herein, provided that the illegal occupied households shall be disposed of by the governments of special municipality, county, and county-level city, or the authority in need of the land, subject to relevant requirements.

The valuation of the public land as referred to in Paragraph 1, Article 20 of the Statute shall refer to the value of any public land other than that for public facilities calculated based on the announced current land price available at the time when the Executive Yuan approves the reconstruction plans.

Paragraph (1) The total price of the premises defined in Article 20 of the Statute and the cost price defined in Article 23 of the Statute shall be calculated subject to the following: Subparagraph (1) For buildings: The proportion of construction fees, construction management fees, interest of out-of-pocket expenses, relevant taxes, and the total amount of other necessary expenses for the construction to the total personal occupied area of the building, per household. Subparagraph (2) For land: The share of ownership per household, after the valuation conducted on the land at the time when the buildings are completed. Paragraph (2) For the land other than that referred to in Paragraph 2, Article 4 of the Statute, the total price of the premises and cost price shall be calculated subject to the purchased price of the land, including interest of out-of-pocket expenses, development expenses and relevant taxes.

Where the resident military household volunteers to accept the subsidy for purchase of new house and then moves out of the residence prior to the completion of the reconstruction referred to in Article 21 of the Statute, it shall file an application with the competent authority in writing. Upon the competent authority's approval on its application and award of the subsidy, no refund or addendum shall be claimed against the price difference between the subsidy and the price upon final accounting at the completion of the buildings. The subsidy referred to in the preceding paragraph shall be calculated based on the award amount upon the competent authority's award of the contract for the reconstruction. The resident military household that volunteers to accept the subsidy for purchase of new house and then moves out of the residence after the completion of the reconstruction shall be awarded a subsidy calculated based on the total price of the building and land after final accounting. Where upon the competent authority's guidance, more than two-thirds of the resident military households in the military independents' villages to be reconstructed disclaim the right to purchase the houses reconstructed subject to the Statute and volunteer to accept a subsidy to move out of the residence, the amount of such subsidy shall be calculated based on the total price of the building and land after final accounting upon the completion of the residence constructed by the government or public housing specified by the competent authority, or the military independents' residence constructed subject to Paragraph 1, Article 28 of the Statute. Upon receiving the subsidy for purchase of new house, the resident military households referred to in the preceding paragraph may purchase the residence constructed by the government or public housing specified by the competent authority, or the military independents' residence constructed subject to Paragraph 1, Article 28 of the Statute to their own discretions.

Paragraph (1) Where the resident military household agrees with the reconstruction subject to Article 22 of the Statute, it shall submit a letter of consent, to be notarized by the court or a notary public, to the competent authority within three months upon receipt of the competent authority’s written notice. Paragraph (2) Where not more than two-thirds of the resident military households agree with the reconstruction of the old military independents’ villages, the reconstruction shall not be performed, and the villages shall be dealt with according to the Law of State-Owned Property upon the abolishment of the Statute.

Where the competent authority grants compensation in accordance with the old quarters for military dependents Article 22~1 of the Act for Rebuilding Old Quarters for Military Dependents and where a dependent in disagreement with the rebuilding project has passed away, one having been accorded by all the heir(s) and having completed the notarization process may apply to the competent authority for the compensation. Where heir(s) is (are) desirous to purchase or lease the housing unit so rebuilt, the payee shall lodge application within the time limit specified by the competent authority.

The items for compensation under Article 22~1 of the Act are confined to the compensation fees for the main building and auxiliary building, the subsidy for relocation based on the number of the residents and the incentive amount for voluntary relocation.

The term “the compensation fees for the main building and auxiliary building” as set forth in the preceding Article shall be calculated based on the floor spaces as actually measured. A floor space below 79 square meters shall be counted as 79 square meters in full. The measuring method and the calculation criteria mentioned in the preceding Article shall be subject to the Regulations Governing Compensation of Removal & Relocation of the local government authority for public projects. Where the floor space and materials of a housing unit could not be verified, the supplementation amount shall be calculated based on a floor space of 79 square meters and the materials shown through the on-the-spot photographs.

Paragraph (1) The reimbursement for the illegal occupied households defined in Article 23 of the Statute shall be dealt with subject to the local government's guidelines governing reimbursement for the public work of tear-down as available at the time of the tear-down of the illegal constructions. Paragraph (2) The occupied area of the constructions to be reimbursed as referred to in the preceding paragraph shall be based on the physical measurement of the area, provided that the area of less than 79 square meters shall be calculated as 79 square meters.

Paragraph (1) The competent authority shall notice the reimbursement for the tear-down of illegal occupied households carried out subject to Article 23 of the Statute by official letter and also publish it. Paragraph (2) The object of the reimbursement for the tear-down of the illegal occupied households as referred to in the preceding paragraph shall be the occupant of the construction recorded at the competent authority, and each household may purchase a residence only. Paragraph (3) Where there are more than two occupants of the illegal occupied households recorded at the competent authority, the competent authority shall give a written notice to the occupants asking them to conclude a written agreement within three months upon receipt of its notice. The written agreement shall be notarized by the court or a notary public, which shall specify that one of the occupants will bear the interest and right defined in Paragraph 1, Article 23 of the Statute. The occupant who fails to make the agreement within the prescribed time limit will forfeit his/her right to bear the interest and right. Paragraph (4) Where there is any shortage, loss or damage in the information to be included in the record referred to in the preceding paragraph 2, the competent authority shall give a notice to the occupant of the household to make required supplement.

The original requirements of the Ministry of National Defense referred to in Article 28 of the Statute mean the relevant requirements for reconstruction, relocation, valuation, placement, budget preparations and revenue/expenditure of military independents' villages, as well as for the guidance to purchase of new house, promulgated by the Ministry of National Defense or approved by the Executive Yuan prior to the enforcement of the Statute.

In order to speed up the reconstruction of old military independents' villages, the Ministry of National Defense shall establish the special task forces to carry out the relevant tasks under the Statute. The guidelines for the establishment of such special task forces shall be defined by the competent authority.

The Rules shall be enforced as of the date of promulgation.