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法規名稱(Title) Rural Rejuvenation Act Ch
公發布日(Date) 2010.08.04
法規沿革(Legislative) Promulgated on August 4, 2010
法規內文(Content)

CHAPTER 1 General Provisions
Article 1
The Rural Rejuvenation Act is enacted to facilitate the rural
sustainability, revitalization and rejuvenation, to improve
production infrastructure, to conserve rural ecology and culture,
to upgrade quality of life, and to construct a new rural prosperity
and beauty.

Article 2
For the purposes of implementing the Act, the term “competent
authority” denotes the Council of Agriculture, the Executive Yuan
at the central government, the municipal government, and the county
or city government at county or city levels.

Article 3
For the purposes of implementing the Act, the following terms are
defined as follows:
1.Rural community: Rural villages and settlements with a certain
  scale and their neighboring areas related to the community
  integrated development; and aboriginal tribe area shall be included.
2.Rural rejuvenation plan: a community development plan for rural
  developments of sustainability, revitalization and rejuvenation,
  based on community demands and proposed by local community
  organization or association.
3.Rural rejuvenation and development zone: a land area designated by
  the municipal government and county or city government through a
  plan prepared and submited to the central competent authority for
  approval in order to facilitate land revitalization management and
  meet rural development demand.

Article 4
The policy implementation of rural rejuvenation and revitalization
shall comply with following principles:
1.Centering on integrated construction of existing rural community
  with a supplementary measure for individual housing modification.
2.Implementing a comprehensive planning and construction, which
  integrats the agricultural production, industrial cultural, natural
  ecology and spatial re-use.
3.Creating incentives for collective living and constructing rural
  communities with modern qualities of life and traditional characters.

Article 5
The central competent authority shall direct the overall resources
related to rural planning and construction, and, with reference to
the policy of regional agricultural development, coordinate all
constructions and projects of rural communities proposed by various
governmental departments.

Article 6
The central competent authority shall prepare a policy guidance of
rural rejuvenation, and submit to Executive Yuan for approval; its
amendment procedure is same.

Article 7
In meeting the needs to implement the works of rural sustainability
and revitalization, the central competent authority shall establish
a rural rejuvenation fund of one hundred and fifty billion New Taiwan
Dollars within budgetary period of ten years after the Act is enacted.
The sources of the said rural rejuvenation fund includes:
1.governmental input of annual budgets,
2.donations,
3.interest revenue of the rural rejuvenation fund, and
4.other revenues.
The expenditure of rural rejuvenation fund shall centralize on
following purposes:
1.Implementation-related expenses of the integrated environmental
  improvement, public facility construction, individual housing
  modification, industrial revitalization, cultural conservation
  and revitalization, and ecological preservation,
2.Implementation-related expenses of the policy guidance of rural
  rejuvenation, mass plan of rural rejuvenation, annual action plan
  of rural rejuvenation, and plan preparation and reviewing of the
  rural rejuvenation and development zone,
3.Subsidization to the maintenance and modification of traditional
  building and nieghboring spaces with historical cultural and
  environmental landscape characters,
4.Expenses for conservation, promotion, application and advertisement
  of rural heritages, cultural assets and industrial cultures, which
  are worth to preserve,
5.Implementation-related expenses of rural survey and analysis, and
  improvement, planning and construction of rural production
  infrastructures and service functions of individual  rural community,
6.expenses for promoting recreational agriculture and rural tourism,
7.Implementation-related expenses of manpower cultivations for the
  planning, construction, leader and sustainable management of rural
  community, and advertisements of rural rejuvenation and revitalization,
8.administration and general service expenses, and
9.other expenses related to rural rejuvenation and revitalization.

CHAPTER 2 Rural Planning and Rejuvenation

Article 8
The competent authorities at the municipal and the city/county levels
shall consult with local government at township level to prepare a
mass plan of rural rejuvenation for their jurisdiction areas, and submit
to the central competent authority for approval.
Preparation of the above mass plan of rural rejuvenation shall hold a
public reading, and a public hearing if necessary.

Article 9
Local organizations and associations within rural community shall discuss
each other and prepare a rejuvenation plan of rural community according
to residential needs of community, and recommend each other a legally
registered organization or association as community organization
representative (thereafter referred to as the community organization
representative) to submit the rural rejuvenation plan to the competent
authorities at municipal and county/city levels for approval.
When there are disputes against the community organization representative
or more than two rural rejuvenation plans, proposed with the same
community area before the plan is approved, the competent authorities at
the municipal and the city/county levels shall assist the community to
reorganize or decide by vote.
The aforementioned rural rejuvenation plan of paragraph 1 shall include
integrated environmental improvement of rural community, public facilities
construction, individual housing modification, industrial revitalization,
cultural preservation and reuse, ecological conservation, land use planning,
vision of public facilities deployment and subsequent management/maintenance,
fiscal plan,and other items proposed by the community for developing local
distinguishing identities.

Article 10
When received the application of article 9, the competent authorities at
the municipal and the city/county levels shall make known openly to the
public for plan reading and expressing their opinions; the public opinions
shall be included and referred in the consideration for approval.
Regulations governing the application approval procedure, time and location
for public reading, dispute disposing, reviewing procedure, implementation
method, management and maintenance, inspection method, subsidization
standard and other necessary items shall be formulated by the central
competent authority.
The competent authorities at all levels shall grant a subsidy priority to
the rural rejuvenation plans approved by the article 9 and paragraph 2 of
this article (thereafter referred to as approved rural rejuvenation plan),
which are enclosed with a community covenant.

Article 11
The competent authorities at the municipal and the city/county levels
shall formulate annual action plan of rural rejuvenation in accordance
with the mass plan of rural rejuvenation stated by article 8 and the
approved rural rejuvenation plan, and submit to the central competent
authority for subsidy application and setting their implementation
items and priority.
The said subsidy application shall not include the costs of land
acquirement.

Article 12
The subsidy of competent authorities at all levels to the integrated
environmental improvement of rural community and public facilities
construction stated in the paragraph 3 of article 9 may include following
categories:
1.reconstruction of traditional rural roads and dilapidated irrigation
  facilities within rural community,
2.health care and other service facilities of rural community,
3.piped water and facilities for reusing water resources,
4.water/soil conservation and disaster prevention facilities,
5.traditional building, cultural heritage, ponds and ecological
  conservation facilities,
6.spatial reuse, image shaping, environmental greening and landscape
  maintenance facilities,
7.sidewalk, bikeway, community road, waterway and parking lot,
8.park, green area, square, sport, cultural and landscape recreation
  facilities,
9.sewage, waste collection, and resource recycling facilities
10.internet and information infrastructures, and
11.other facilities designated by the central competent authority.

Article 13
The subsidy of competent authorities at all levels to the individual
housing modification, stated in paragraph 3 of article 9, shall comply
with following principle:
1.Subsidy to housing construction or modification shall be limited
  to the houses with legal register.
2.Application of subsidization items shall be limited to the ones
  facilitating the integrated landscape improvement of rural
  community, and the housing modification for internal structure
  shall not be included in the subsidies.
3.Subsidy priority shall be assigned to the items reducing concrete
  facilities and implementing ecological engineering.
4.Subsidy priority shall be assigned to the houses established with
  the design ideas of green architecture and low carbon emission.
5.Subsidy priority shall be assigned to the eligible owners who
  demolish their houses located in conservation zone and other
  building prohibition zone stated by law, and move to live in the
  rural community.
6.subsidy priority shall be assigned to the eligible people who
  demolish their farmhouse dotted in rural area and move to live
  in the rural community.
The regulations with respect to applicant eligibility, necessary
certificates, application procedures, subsidization standard,
permission condition and procedure, inspection mechanism and other
related regulation shall be formulated by the central competent
authority.

Article 14
The competent authorities at all levels may subsidize to the
industrial vitalization stated in the paragraph 3 of article 9,
but the subsidy shall be limited to the agriculture-related sectors.

Article 15
The competent authorities at the municipal and the city/county
levels may prepare, in accordance with land use feature and rural
rejuvenation plan, a plan of rural rejuvenation and development
area for land use zoning control and public facility allocation
within the areas which had carried out the rural rejuvenation plan.

Article 16
The competent authorities at the municipal and the city/county
levels shall hold a public hearing as preparing the plan of rural
rejuvenation and development area stated in the article 15. But
it is necessary to hold a legislative hearing as required by more
than half of the whole adult residents who registered in the
community area of rural rejuvenation and development plan. Related
opinions and proceedings of legislative hearing shall be submitted
together with book and map of the plan of rural rejuvenation and
development area to the central competent authority for approval.
The regulations with respect to preparation and change procedure
of the plan of rural rejuvenation and development area, public
hearing procedure, time and location of public reading, necessary
certificates, areas, conditions, reviewing, approving and other
related regulations shall be formulated by the central competent
authority.

Article 17
Land uses within the rural rejuvenation and development areas shall
be managed in accordance with the content of the plan of rural
rejuvenation and development area.
The regulations with respect to land use controls within the rural
rejuvenation and development areas, acknowledge standard, land use
density, architecture landscape, management and inspection manner,
reviewing procedure and other related regulations shall be
formulated by the central competent authority in concert with the
concerned central authorities of building and construction and
land administration.

Article 18
The competent authorities at all levels shall encourage, in
accordance with the integrated development requirements of rural
community, to extensively plant trees within the area of rural
community, and establish green belt with ecological and buffering
functions.

Article 19
The public lands within rural community area owned by governments
at all levels and the lands within rural community area owned by
Farmer Association, Fishman Association, Agricultural Irrigation
Association and state-run enterprises may be reused and revitalized
in accordance with the rural rejuvenation plan.

Article 20
In order to manage and maintain the public facilities, buildings
and landscapes of the approved rural rejuvenation plan, the community
organization representative may commonly promulgate a community covenant.

Article 21
The community covenant of article 20 shall be governed by following
provisions and submit to the competent authorities at the municipal
and the city/county levels for future reference; its amendment
procedure is same:
1.public facilities: it is required to get agreements of entire
  owners, representatives or managers related to the public facilities.
2.buildings: it is required to get entire agreements of owners related
  to the buildings.
3.landscape: it is required to get agreements of entire owners related
  to the landscape.
The successor of building owners aforementioned in the preceding
paragraph shall request to read or photocopy the community covenant
before accepting the succession, and act in accordance with the
rights and obligations written in the community covenant after
accepting the succession.
The preparation and change procedure of community covenant, exemplar
document, time and location of public reading, resolution manner
of convention, dispute disposing, procedure of submitting to the
competent authorities at the municipal and the city/county levels
for future reference, and other related regulations shall be
formulated by the central competent authority.

Article 22
Once the community covenant is granted by the competent authorities
at the municipal and the city/county levels for future reference,
to the violators of community covenant, the community organization
representative shall, in advance, advise the violators to correct
their wrong doing against the community covenant. If the wrong
doing involve other related law provisions, the community
organization representative may request the related authorities to
dispose with their laws. 

Article 23
For implementing the construction of rural community, the central
competent authority shall establish inspection and guidance
institution, and may reward to the individuals, organizations or
institutes with outstanding performance in implementing the
construction of rural community.
The regulations with respect to the reward shall be formulated by
the central competent authority.

Article 24
The central competent authority shall carry out a general survey
and analysis to current rural development, and establish evaluation
indicators for the rural quality of life.
The central competent authority may, according to the survey and
analysis of preceding paragraph, enforce the improvement, planning
and construction of rural production infrastructures and living
functions of individual rural community.

CHAPTER 3 Rural Culture and Characters

Article 25
The competent authorities at the municipal and the city/county
levels may subsidize to maintenance or modification costs of
buildings with historic cultural value and buildings and their
space with distinguish features merging with neighboring environment
and landscape.

Article 26
The competent authorities at the municipal and the city/county levels
shall carry out a survey on the rural heritage, cultural asset and
industrial culture of rural communities located within their
jurisdiction area, and conserve, promote, utilize and advertise
them in a proper manner.

Article 27
The competent authorities at all levels shall develop recreation
agriculture and rural tourism with reference to agricultural
features, landscape resources, rural development features and
ecological and culture assets.

Article 28
The competent authorities at all levels shall produce advertising
materials of rural community construction, cultural asset,
industrial culture and distinguishing landscape and ecology for
the public and schools at all levels, and extensively subsidize
all relevant advertising and educational activities.

Article 29
The competent authorities at the municipal and the city/county
levels may prepare a reuse plan of the unused school spaces located
within rural community, and promote urban/rural exchange and rural
experience.

Article 30
The competent authorities at all levels shall accelerate the
manpower cultivation of rural planning, construction, leader and
sustainable management, and the policy promotion for the rural
vitalization and rejuvenation.
The central competent authority shall prepare annual manpower
training plan of rural rejuvenation, and request the competent
authorities at the municipal and the city/county levels to carry
out the plan.
In implementing the annual manpower training plan of preceding
paragraph 1, the competent authorities at all levels shall, with
reference to individual community features and needs, create the
training courses of various degrees for rural community separately,
and carry out serially.
Local organization and institute of rural community shall complete
the training courses of manpower training plan, before eligible to
prepare the rural rejuvenation plan of article 9.

Article 31
The competent authorities at the municipal and the city/county levels
shall, in accordance with the promotion and enforcement of rural
rejuvenation plan, assist the local organization to operate, and
establish reward and performance evaluation system.

CHAPTER 4 Other Provisions

Article 32
The provisions of article 9 to article14 and article 18 to 22 may,
with agreement of related municipal government or county/city
governments, apply to rural settlements located within the areas
of city plan and national park as long as the rural rejuvenation
is considered needed by the consultation result of the central
competent authority with other competent authorities concerned.
Required expenditure on the approved rural rejuvenation may be
sponsored by the rural rejuvenation fund.

Article 33
In the area of rural rejuvenation plan located in city plan or
national park, land use remains controlled under the Urban Plan
Act and National Park Act.

Article 34
The competent authorities at the municipal and the city/county
levels may directly change the annual action plan of rural
rejuvenation when natural disaster occurs and causes extensive
damages to the rural communities with an approved rural
rejuvenation plan, and shall not be subject to the provision
stated in the paragraph 1 of article 11 after the annual action
plan change is submitted to the central competent authority for
future reference.

Article 35
To the dilapidated area within rural community extensively retarding
community landscape, sanitation and land use, the competent
authorities at the municipal and the city/county levels may directly
carry out environmental greening and building maintenance or
modification when the residential address and whereabouts of
landowner or building-owner is unknown, and there is no disputation
raised during 3-month period of declaration bulletined by the
competent authorities at the municipal and the city/county levels.

Article 36
In order to protect rural quality of life and production safety,
the hazardous waste dumping in agricultural production area and
land-use behavior damaging to rural developments shall be
prohibited in pursuance with relevant laws of land use management
and environmental protection.

Article 37
The implementation rules of this Act shall be established by the
central competent authority.

Article 38
This Act shall come into effect as of the date of promulgation.