Copyrights © 2017 Ministry of Finance, R.O.C.

The Ministry of Finance amended and promulgated “Principles for Disposal of Occupied National Public Use Real Estate Managed by Administration Authorities” (hereinafter referred to as the Handling Principles) on 17 June, 2014. Under the revised and augmented principles, when the occupier of the nationally-owned and public-use real-estate is a low-income household as regulated under the Public Assistance Act, or a person who receives a living allowance for disabilities or a living allowance for middle-low-income elders, the managing agency shall assist the occupier to apply to the industry competent authority public for rental housing or social housing, pursuant to the laws, or assist the occupier to apply for relevant grants, subsidies, or allowances before bringing into effect the ending of the occupation. When the identity of the occupier conforms to one of the foregoing identities, unless the managing agency has obtained a final and binding judgment, or confirmation certificate of payment order, credit certificate or other writ of execution, which has the same effect as a final and binding judgment, the payable compensation of use, agreement may be reached to suspend the process of recovery. However, if the circumstances of the occupier changed so that he or she no longer held the aforementioned identity or expanded the form of his or her occupations, etc., the compensation for use shall be recovered pursuant to the regulations. The National Property Administration stated that the Handling Principles should be the basis for each agency to handle the nationally-owned and public-use real-estate property managed by it that is occupied. The above amendment this time considers that, if the managing agency may offer adequate assistance to a socially-disadvantaged occupier, such as a low-income household, when removing the occupation, it may avoid the negative social issues which may arise during the process of effecting the ending of the occupation. Additionally, regarding the recovery of the unjustly enriched compensation for use, the amendment this time clearly regulates that agreement may be reached that such compensation be free from the interest and payable in installments, and that the determination of the number of the installments shall be subject to the economic ability of the occupier, all of which points shall be of assistance to each agency in handling issues related to occupation. Press Contact: Ms. Lin, Section Chief Tel.: 02 -2771-8121 Ext. 1611