2023 年 7 月 28 日

Snapshots of Laws and Regulations Relating to Dedicated 5G Networks (Taiwan)

Alert July 2023
Albert Yen and Oli Wong
2023 年 5 月 26 日

Updates on Laws and Regulations Concerning Satellite Earth Stations (Taiwan)

Alert May 2023
Luke Hung and Albert Yen
2023 年 4 月 18 日

Relaxation of the Handling Methods for Extension of Time or Suspension of Work During the Epidemic by Circular of the Taiwan Public Construction Commission

Alert April 2023
Luke Hung and Sally Yang
2023 年 3 月 30 日

Updates of Laws and Regulations Concerning the Taiwan Space Agency (Taiwan)

Alert March 2023
Luke Hung and Albert Yen
2023 年 3 月 23 日

Announcement of Partial Amendments to the Act for Promotion of Private Participation in Infrastructure Projects by the Presidential Decree (Taiwan)

Alert March 2023
Luke Hung and Sally Yang
2023 年 1 月 18 日

Amendments to the Provisions Related to Construction Delay, Material Cost Adjustment, Dispute Resolution Team Mechanisms of the “Model Contract of Construction Procurement ” by the Public Construction Commission of the Executive Yuan (Taiwan)

Alert January 2023
Elizabeth Pai and Luke Hung
2022 年 11 月 29 日

Current Status on the Laws and Regulations Concerning the Assignment of Radio Frequency for Fixed-Satellite Service (Taiwan)

Alert November 2022
Albert Yen and Oli Wong
2022 年 11 月 29 日

The Statute of Limitations for Relevant Claims Arise from Contract Termination Pursuant to the Contract by the Contractor on the Ground of Work Suspension (Taiwan)

Insight November 2022
Elizabeth Pai, Luke Hung, and Jiselle Ong
2022 年 10 月 19 日

The PCC Pre-announced the Draft Amendments to the Government Procurement Act Concerning the Threshold Amount for Publication and the Threshold Amount for Small Procurements

Alert October 2022
Luke Hung and Sally Yang
2022 年 7 月 20 日

Construction Extension of Time and the Change of Critical Path (Taiwan)

Insight July 2022
Luke Hung
2022 年 7 月 20 日

The Public Construction Commission of Taiwan Issued a Circular to Communicate the Manners of Handling the Inability of the Critical Paths of a Project to Proceed Normally Due To an Epidemic

Alert July 2022
Luke Hung and Sally Yang
2022 年 5 月 23 日

The Legislative Yuan of Taiwan Is Reviewing the Draft Partial Amendments to the Act for Promotion of Private Participation in Infrastructure Projects Submitted by the Executive Yuan

Alert May 2022
Luke Hung and Sally Yang
2022 年 2 月 23 日

The Taiwan Public Construction Commission Announced that the “Sample Statement of the Adjustment by Price Index Clauses in the Tender Document Do Not Apply to the Bid Price” Is No Longer Applicable, and Concurrently Revised the Sample Construction Procurement Contract

Alert February 2022
Elizabeth Pai and Sally Yang
2021 年 12 月 1 日

Judicial Interpretation No.810 (Indigenous Peoples Employment Payment in Government Procurement) proclaims unconstitutional Article 24, Paragraph 2 of the “Indigenous Peoples Employment Rights Protection Act”, and shall be amended within a 2 years; cases before such amendment shall be handled per this interpretation (Taiwan)

Elizabeth Pai and Jiselle Ong Judicial Interpretation No.810 proclaims unconstitutional Article 24, Paragraph 2 of the “Indigenous Peoples Employment Rights Protection Act” (Winning tenderer of government procurement with more than a hundred employees shall reimburse employment payment based on “the difference in the number of indigenous people required to be employed in meeting the workforce ratio requirement”), and shall be amended within a 2 years; cases before such amendment shall be handled per this interpretation.
2021 年 12 月 1 日

Progress of Legislation Related to Space Development (Taiwan)

Angela Wu and Albert Yen After the Space Development Act read the third time and passed at the Legislative Yuan, the Ministry of Science and Technology (hereinafter, the "MOST"), the competent authority, has prepared the drafts of four related ancillary regulations and completed their pre-announcement pursuant to the authorization under such a law. The ancillary laws are expected to be promulgated in the near future The Executive Yuan Council also adopted the draft Statute for the Establishment of the National Space Organization, which is prepared by the MOST. Currently affiliated with the National Applied Research Laboratories, the National Space Organization (hereinafter, the "NSPO") is expected to be "upgraded" and expanded to be an administrative corporation in the first half of 2022.
2021 年 8 月 1 日

Release of Flexible Adjustment Measures for Authority-in-Charge of PPP Cases by the MOF to Accommodate Epidemics (Taiwan)

Luke Hung and Sally Yang To reduce the risks of infection and assist private institutions that have participated in Promotion of Private Participation cases (hereinafter, the “PPP Cases”)to overcome the difficulties, the Ministry of Finance issued the Tai-Cai-Cu-1025513690 Circular of […]
2021 年 5 月 17 日

Any behavior regarding performing the contract with false documents, even if the actor was not convicted of forging or altering documents under criminal act, may still be published in the Government Procurement Gazette according to the Government Procurement Law (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-183 Decision of March 31, 2020 (hereinafter, the “Decision”), holding that any person who obviously undermines the quality of procurement and the performance objectives of a contract by bidding or performing the […]
2021 年 3 月 5 日

A Brief Introduction to the Criteria and Guidelines for Construction Extension (Taiwan)

Luke Hung[1] I. Mechanisms for handling the delay and extension of a construction period From small private construction projects to large infrastructure projects, the completion schedule of a project is the main concern of the project owner.  If the project […]
2021 年 3 月 1 日

Even if a person who obtains superficies through adverse possession produces a document to substantiate continued possession from the beginning to the registration application, this document can only prove the fact of possession but cannot be relied on as evidence to support possession with an intent to exercise the superficies (Taiwan)

Luke Hung The Taichung High Administrative Court rendered the 109-Su-175 Decision of October 7, 2020 (hereinafter, the “Decision”), holding that even if a person who obtains superficies through adverse possession produces a document to substantiate continued possession from the beginning […]
2021 年 1 月 1 日

Repair of illegal buildings shall mean the repair or change of the foundation, beams, columns, etc., within the scope of the original specification without demolishing the structure of the building, and in addition, the repair of each item should account for less than half of the item (Taiwan)

Luke Hung The Taichung High Administrative Court rendered the 108-Su-327 Decision of May 7, 2020 (hereinafter, the “Decision”), holding that the repair of illegal building shall mean the repair or change of the foundation, beams, columns, etc., within the scope […]
2020 年 12 月 1 日

If the combination of the defects of a building and the act of a third party causes an injury and the owner does not meet the criteria for exemption, the owner shall be liable; and even if the third party has engaged in an act of tort, the owner of the building shall still be liable (Taiwan)

Sally Yang The Supreme Court rendered the 109-Tai-Shang-1438 Decision of July 23, 2020 (hereinafter, the “Decision”), holding that if the combination of the defects of a building and the act of a third party causes an injury and the owner […]
2020 年 11 月 1 日

A possessor who applies for registration of the ownership by prescription should assume the burden of proof to substantiate the fact of possession with an intent to exercise the ownership (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-373 Decision of July 9, 2020 (hereinafter, the “Decision”), holding that a possessor who applies for registration of the ownership by prescription should assume the burden of proof to substantiate the fact […]
2020 年 8 月 1 日

After the registration of the land, if an interested party discovers any registration error, although he/she may apply in writing to verify the error and approve the correction, still the correction of such registration error is permitted only in the absence of any dispute over private rights and without undermining the identity of the original registration (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-148 Decision of March 19, 2020 (hereinafter, the “Decision”), holding that if an interested party discovers any registration error after the registration of the land, although he/she may apply in writing to […]
2020 年 5 月 1 日

A party’s denial of access to a road by land owners within the community does not change the nature of the land being used as a community road under a development and construction project; and, therefore, the land use does not violate the control regulations (Taiwan)

Frank Sun The Supreme Administrative Court rendered the 108-Pan-589 Decision of December 26, 2019 (hereinafter, the “Decision”), holding that a party’s denial of access to a road by land owners within the community does not change the nature of the […]
2020 年 3 月 1 日

In the absence of a term set for superficies, if the duration has exceeded 20 years or if the purposes for setting up the superficies no longer exist, the court may, upon request, set the duration of the superficies or terminate the superficies (Taiwan)

Debby Yu The Supreme Court rendered the 108-Tai-Shang-1214 Decision of September 12, 2019 (hereinafter, the “Decision”), holding that in the absence of a term set for superficies, if the duration has exceeded 20 years or if the purposes for setting […]
2019 年 10 月 31 日

If a supplier who has failed to pass acceptance inspection breaches the contract time and again, refuses to rectify, and the irregularities are not corrected before a disposition is rendered, this would meet the requirement for materiality under Article 101, Paragraph 1 of the Government Procurement Law (Taiwan)

Frank Sun The Supreme Administrative Court rendered the 108-Pan-332 Decision of July 11, 2019 (hereinafter, the “Decision”), holding that if a supplier who has failed to pass acceptance inspection breaches the contract time and again, refuses to rectify, and the […]
2019 年 9 月 30 日

Since any change to the usage purpose of an expropriated land which has been used according to an expropriation plan is an ordinary exercise of ownership, such change has nothing to do with the scenario where there is no expropriation need due to change of circumstance (Taiwan)

Teresa Huang The Supreme Administrative Court rendered the 108-Pan-124 Decision of March 22, 2019 (hereinafter, the “Decision”), holding that since any change to the usage purpose of an expropriated land which has been used according to an expropriation plan is […]
2019 年 9 月 30 日

For housing units included in a social housing rental and management project, when a rental service agreement is executed between a rental service provider and a property owner, such property shall be regarded as a social housing unit and eligible for relevant tax incentives (Taiwan)

Luke Hung The Ministry of the Interior issued the Nei-Shou-Tu-1080812767 Circular of July 22, 2019 (hereinafter, the “Circular”), pointing out that for housing units included in a social housing rental and management project, when a rental service agreement is executed […]
2019 年 8 月 31 日

The practice that land taxes are not exempt for non-urban lands provided for public infrastructure is declared unconstitutional pursuant to a judicial interpretation (Taiwan)

Luke Hung The Judicial Yuan rendered the Shih-779 Interpretation of July 5, 2019 (hereinafter, the “Interpretation”), declaring that the practice that land taxes are not exempt for non-urban lands provided for public infrastructure is unconstitutional and should be reviewed in […]
2019 年 7 月 31 日

In case the tender instructions do not specify the reasons why a bid bond will not be returned or will be recovered, even if a supplier is subject to circumstances under the subparagraphs of Article 31, Paragraph 2 of the Government Procurement Law, the procuring agency shall still not withhold or recover the bid bond (Taiwan)

2019.1.31 Luke Hung The Supreme Administrative Court rendered the 108-Pan-50 Decision of January 31, 2019 (hereinafter, the “Decision”), holding that in case the tender instructions do not specify the reasons why the bid bond will not be returned or will […]