If a managed factory involves state-owned land, legal use rights can be obtained through multiple channels based on land conditions and actual use conditions. (Schematic diagram, data photo)
In order to assist managed factories in the smooth process of specific factory registration and subsequent legalization of land use, the Miaoli County Government stated that some managed factories have not yet obtained legal use rights documents because their factory sites involve state-owned land. However, obtaining legal use rights of state-owned non-public land is not limited to the "status quo lease" method. Business operators can still handle it through multiple channels such as leasing, selling, exchanging, applying for development or establishing surface rights based on land conditions and actual use. It calls on qualified businesses to plan early to facilitate the smooth progress of subsequent applications.
The Industrial and Commercial Development Office pointed out that according to Article 8 of the "Registration Measures for Specific Factories", when an applicant proposes a factory improvement plan, if the building or factory site is public land, he should attach a document proving legal use rights stipulated by the public real estate management agency. Therefore, obtaining the legal right to use state-owned land is one of the important conditions for some managed factories to propose factory improvement plans.
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The Industrial and Commercial Development Department further explained that the State-owned Property Administration of the Ministry of Finance has actively cooperated with the policy of legalizing unregistered factories in recent years. Since 2022, it has assisted operators in obtaining the legal use rights of state-owned land through publicity and counseling measures. Currently, the methods that can be used include:
1. Those who meet the prescribed conditions may apply for state-owned land to be leased in accordance with the State-Owned Property Law.
2. Those who meet the requirements of relevant laws and regulations can apply for the sale of state-owned land.
3. Those who meet the conditions can handle the exchange of state-owned land in accordance with regulations.
4. If the conditions for application for development are met, a development consent letter shall be provided when applying for issuance of state-owned non-public land.
5. If the central authority in charge of the target industry determines that it meets policy needs and public interests, it may be handled through the special project setting of superficies.
The county government stated that currently managed factories can still apply to the regional branch or office of the National Assets Administration for issuance of a "Consent for Application for Development of State-owned Non-Public Land" in accordance with the "Key Points for Handling Cases of Application for Development of State-Owned Non-Public Land" and use it as a supporting document as stipulated in Article 8, Item 1 of the "Special Factory Registration Measures". After the factory improvement plan is approved, you can apply to the National Property Administration for sale, exchange or entrustment of operation and other procedures to obtain legal land use rights.
In response to external concerns about the current bidding mechanism, the Domestic Industry Administration is currently accelerating the review of the implementation mechanism and supporting measures related to the current bidding system. If there are any new regulations in the future, we will make an announcement in due course. Before the relevant measures are completed, if businesses have land legalization needs, they can still handle it through other existing legal channels, without affecting the legalization process. The county government calls on the factories under its jurisdiction to grasp the legalization deadline and confirm the land ownership status and applicable plans as soon as possible.
