Act for the Establishment and Administration of Technology Industrial Parks Article 20

The Administration or its Branches may conduct a compulsory auction of the private factories and related buildings in the Parks in any of the circumstances mentioned in Subparagraph 2 or 6, Paragraph 2 of the preceding article.In case of the circumstance mentioned in Subparagraph 2, Paragraph 2 of the The Bureau or its branch offices may conduct a compulsory auction of the private factories and related buildings in the Parks in any of the circumstances mentioned in Subparagraph 2 or 6, Paragraph 2 of the preceding article.In case of the circumstance mentioned in Subparagraph 2, Paragraph 2 of the preceding article, when a compulsory auction is conducted in accordance with the provisions, the Bureau or its branch offices shall make a public notice and inform the owner of the building to rectify the improper use within a period of two years.When the Bureau or its branch offices require such improvements within the time limit as mentioned in the preceding paragraph, it shall request the land administration authority to register an administrative lien on the property accordingly. The lien registration remains enforceable within two years, surviving any transfer of owner of the building, and remains applicable to any successors. In case of any delay due to causes not attributable to the owner, it shall not be counted towards the two-year period, which may be extended provided there are legitimate reasons.Where improvement is duly made as prescribed in the preceding paragraph, the Bureau or its branch offices shall request the land administration authority to deregister the administrative lien. Where improvement is not completed by the time limit, the Bureau or its Branch may fine the owner of the building in an amount less than 10% of the total assessed current value of the land associated with the building in the Park, and notify the owner of the building to propose an improvement plan within one month. Upon receiving the improvement plan, the Bureau or its Branch may notify the owner of the building for negotiation, and the owner of the building shall complete the negotiation within one month from the date of receiving the notification for negotiation.Where the owner of the building fails to propose an improvement plan in accordance with the provisions of the preceding paragraph, fails to complete the negotiation with the Bureau or its Branch by the deadline, or in case of the circumstance described in Subparagraph 6, Paragraph 2 of the preceding article, the Bureau or its Branch may make a written disposition specifying an assessed reasonable price of the factory and related buildings based on surveys of current market values of the building before conducting a public and compulsory auction.The compulsory auction mentioned in the preceding paragraph shall be carried out by branch offices of the Administrative Enforcement Agency, Ministry of Justice upon the entrustment of the Bureau or its branch offices. The procedures of the auction shall be governed by the provisions of the Administrative Executive Act unless otherwise provided in this Article.Where the bidding is invalid in the compulsory auction of the factory and related buildings as described in the preceding two paragraphs, the auction shall not be settled if the highest price among the bids offered by the buyers falls below the assessed reasonable price based on surveys of current market prices, or other auction conditions are not met.In case of the circumstance described above, the Bureau or its Branch may re-commission the auction based on the same or newly-determined assessed reasonable prices, in accordance with the provisions of the preceding three paragraphs.The factory and related buildings ultimately auctioned shall not be subject to the relevant provisions on the preemptive rights described in the Land Act or other laws, and the branch offices of the Administrative Enforcement Agency, Ministry of Justice shall notify the land administration authority to deregister the administrative lien, and other rights and restrictions against the subject property, and hand over the subject property to the successful bidder after the leases associated with the property are removed. When the Bureau or its Branch finds that there is no need to continue the auction, the request made to the branch offices of the Administrative Execution Agency, Ministry of Justice shall be withdrawn, and the land administration authority shall be asked to deregister the administrative lien.Regulations governing the matters mentioned in the preceding nine paragraphs, including the public notices and notifications, deduction of the delayed time due to non-attributable reasons and reasons for requests of extension, matters relating to the request for registrations, the methods, procedures, and matters of compliance for survey and assessment of market values, qualifications of the bidders and buyers in an auction, the conditions for the use of the factory and related buildings, the entrustments, and the procedures relating to the compulsory auctions, the concurrence of proceedings relating to the execution of pecuniary credit, and the handling of the allocation of entitlements among the mortgagees, shall be prescribed by the competent authority.
中文原文 加工出口區設置管理條例第20條
園區內之私有廠房及有關建築物有前條第二項第二款或第六款之情形,園管局或分局得進行強制拍賣。
有前條第二項第二款之情形,經依前項規定進行強制拍賣時,園管局或分局應公告及通知建物所有權人於二年期限內改善不當使用情形。
園管局或分局依前項規定限期改善時,應囑託地政機關辦理註記登記。
二年期間不因建物所有權移轉而中斷,效力仍及於繼受人。
建物所有權人因有不可歸責之事由致遲誤之期間,應予扣除,如有正當理由者,並得請求延展之。
於前項期限內完成改善者,園管局或分局應囑託地政機關辦理塗銷註記登記;屆期未完成改善者,園管局或分局得處以建物所有權人該建物所在園區土地當期公告現值總額百分之十以下之罰鍰,並得通知建物所有權人於一個月內提出改善計畫。
園管局或分局於接獲改善計畫後得通知建物所有權人進行協商,建物所有權人應於接獲進行協商之通知日起一個月內完成協商。
建物所有權人未依前項規定遵期提出改善計畫、屆期未與園管局或分局完成協商或有前條第二項第六款情形者,園管局或分局得作成書面處分並載明該廠房及有關建築物依查估市價審定之合理價格後,予以公開強制拍賣。
前項強制拍賣,由園管局或分局囑託法務部行政執行署所屬各分署辦理之,其程序除本條另有規定外,準用行政執行法之規定。
前二項強制拍賣之廠房及有關建築物,如投標無效、應買人所出之最高價未達查估市價審定之合理價格,或不符合其他拍賣條件者,不得拍定。
前項情形,園管局或分局得以同一或另定合理價格,依前三項規定囑託重行拍賣。
經拍定之廠房及有關建築物,不適用土地法或其他法令關於優先承買之規定,並應由法務部行政執行署所屬各分署通知地政機關塗銷註記登記、他項權利登記與限制登記,及除去租賃後,點交予拍定人。
園管局或分局認無繼續拍賣之必要時,得向法務部行政執行署所屬各分署撤回囑託,並囑託地政機關塗銷註記登記。
前九項公告及通知事項、不可歸責事由扣除期間與請求延展期間之事由、囑託登記之事項、查估市價審定之方法、程序及應遵行事項、強制拍賣應買人之資格與應遵守取得廠房及有關建築物之使用條件、囑託及強制拍賣相關程序、與金錢債權執行程序競合及抵押權人參與分配之處理等相關事項之辦法,由主管機關定之。

English translation for reference only; the Chinese text prevails. Not legal advice.