Infrastructure Government Procurement 彙整

2017 年 10 月 31 日

With respect to an act of expropriation conducted a long time ago, it is not appropriate to apply an excessively stringent determination standard to the substantiation by the expropriation agency to prove the legality of relevant expropriation procedures in order to prevent public interest from being impaired by an excessive determination that renders an expropriation invalid or ineffective(Taiwan)

2017.7.13 Teresa Huang The Supreme Administrative Court rendered the 106-Pan-358 Decision of July 13, 2017 (hereinafter, the “Decision”), holding that it is not appropriate to apply an excessively stringent determination standard to the substantiation by the expropriation agency to prove […]

2017 年 10 月 31 日

Participation in a tender by borrowing the name or certificate of another supplier to achieve the minimum statutory number of bidders so as to win the tender still constitutes illegal tender participation in the name of another supplier(Taiwan)

2017.6.22 Luke Hung The Supreme Administrative Court rendered the 106-Pan-331 Decision of June 22, 2017 (hereinafter, the “Decision”), holding that participation in a tender by borrowing the name or certificate of another supplier to achieve the minimum statutory number of […]

2017 年 9 月 30 日

If a land improvement owner objects to the amount of compensation or refuses the demolition while medication is conducted by the competent authority after mediation by a land reconsolidation association fails, this does not change the nature of this matter as a private right dispute(Taiwan)

2017.6.21 Luke Hung The Supreme Court rendered the 106-Tai-Shang-182 Civil Decision of June 21, 2017 (hereinafter, the “Decision”), holding that if a land improvement owner objects to the amount of compensation or refuses the demolition while medication is conducted by […]

2017 年 8 月 31 日

Measures for the Administration of Tenders and Invitations to Bid in Government Procurement of Goods and Services(Mainland China)

2017.7.11 Yenchu Chen To carry out the Government Procurement Law of the People’s Republic of China and its implementation regulations to regulate tenders and invitations to bid in government procurement of goods and services, the Ministry of Finance amended the […]

2017 年 8 月 31 日

Since a public servitude formed by a land is exercised for water discharge and irrigation of farms as the purpose of use, public use of lands should not go beyond such purpose, or inappropriate exercise of a public servitude is constituted(Taiwan)

2017.5.25 Luke Hung The Supreme Court rendered the 106-Tai-Shang-1009 Civil Decision of May 25, 2017 (hereinafter, the “Decision”), holding that since a public servitude formed by a land is exercised for water discharge and irrigation of farms as the purpose […]

2017 年 8 月 31 日

Since the refusal of the competent authority to approve a developer’s application to be removed from the watch list for damage to its neighbor is a refusal to conduct factual behavior rather than an administrative disposition, a dissatisfied citizen should seek remedies by filing general payment litigation(Taiwan)

2017.6.8 Yi-Shan Cheng The Supreme Court rendered the 106-Pan-283 Decision of June 8, 2017 (hereinafter, the “Decision”), holding that since the refusal of the competent authority to approve a developer’s application to be removed from the watch list for damage […]

2017 年 8 月 31 日

The Special Statute for Forward-looking Infrastructure Development was formulated with a budget ceiling of NT$420 billion over a four-year period(Taiwan)

2017.7.7 Angela Wu The President promulgated the Special Statute for Forward-looking Infrastructure Development (hereinafter, the “Statute”), which consists of 15 articles, via the Hua-Zhong-One-Yi-10600085601 Directive of July 7, 2017. The Statute came into effect on the day of its promulgation. […]

2017 年 8 月 8 日

Since the plummet of the prices of commodities and construction materials in Taiwan as a result of the financial tsunami was not foreseeable or avoidable when the contract was executed, the principle of changed circumstances should be applicable(Taiwan)

2016.07.27 Luke Hung The Supreme Court rendered the 105-Tai-Shang-1252 Civil Decision of July 27, 2016 (hereinafter, the “Decision”), holding that since the plummet of the prices of commodities and construction materials in Taiwan as a result of the financial tsunami […]

2017 年 8 月 8 日

If the provisions of the Construction Law are silent about the transfer of a statutory vacant land, a registration agency shall still examine if the transfer violates any compulsory or prohibitive provisions of other laws and regulations(Taiwan)

Luke Hung The Ministry of the Interior issued the Nei-Shou-Zhong-Ban-Di-1050046405 Circular of July 21, 2016 (hereinafter, the “Circular”), holding that if the provisions of the Building Act are silent about the transfer of a statutory vacant land, a registration agency […]

2017 年 8 月 8 日

The performance evaluation and visitation operation of infrastructure projects with private participation should preferably not be handled at the same time(Taiwan)

Frank Sun The Ministry of Finance issued the Tai-Cai-Tsu-10500629520 Circular of July 22, 2016 (hereinafter, the “Circular”), pointing out that performance evaluation and visitation operation of infrastructure projects with private participation should preferably not be handled at the same time. […]

2017 年 8 月 8 日

If it is not true that a bid winner has no intention to participate in the tender, but it merely entrusts the entirety or major portion of the original procurement contract to be performed by other suppliers after the bid award, such behavior is contract assignment rather than license borrowing. Therefore, the bid bond is not recoverable(Taiwan)

Angela Wu The Supreme Administrative Court rendered the 105-Pan-323 Decision of June 22, 2016 (hereinafter, the “Decision”), holding that since entrusting the entirety or major portions of the original procurement contract to be performed by other suppliers is contract assignment, […]

2017 年 8 月 8 日

The effectiveness of the right of first refusal under Article 34-1 of the Land Law only requires another other joint owner to indicate the intent of purchase under the same terms and conditions to the selling joint owner(Taiwan)

Luke Hung The Supreme Court rendered the 105-Tai-Shang-598 Civil Decision of April 13, 2016 (hereinafter, the “Decision”), holding that the effectiveness of the right of first refusal under Article 34-1 of the Land Law only requires another other joint owner […]

2017 年 8 月 8 日

Whether expropriation application is needed should be decided by a land user, and ordinary citizens do not have a public law right to request the land user to apply to the state to expropriate their lands(Taiwan)

Luke Hung The Taipei High Administrative Court rendered the 104-Su-1846 Administrative Decision of March 30, 2016 (hereinafter, the “Decision”), holding that whether expropriation application is needed should be decided by land users, and ordinary citizens do not have a public […]

2017 年 8 月 8 日

If change of circumstances is a purely objective fact, this does not give rise to the issue that the principle of change of circumstances does not apply to a party when such fact is attributable to such party(Taiwan)

Luke Hung The Supreme Court rendered the 105-Tai-Shang-189 Civil Decision of January 28, 2016 (hereinafter, the “Decision”), holding that if change of circumstances is a purely objective fact, this does not give rise to the issue that the principle of […]

2017 年 8 月 8 日

A court should generally consider the objectives of superficies, the type, nature and usage status of a building or a work in order to decide if to approve or reject duration or to terminate superficies(Taiwan)

Luke Hung The Supreme Court rendered the 105-Tai-Shang-163 Civil Decision of January 27, 2016 (hereinafter, the “Decision”), holding that a court should generally consider the objectives of superficies, the type, nature and usage status of a building or a work […]

2017 年 8 月 8 日

If disputes about a self-organized urban rezoning case remain unresolved even after a preliminary mediation procedure conducted by the competent authority is concluded, the party may seek a court adjudication(Taiwan)

Luke Hung The Supreme Court rendered the 104-Tai-Shang-2419 Civil Decision of December 17, 2015 (hereinafter, the “Decision”), holding that if disputes about a self-organized urban rezoning case remain unresolved even after a preliminary mediation procedure conducted by the competent authority […]

2017 年 8 月 8 日

Contractors handling earthwork excavation, transportation and disposal are still required to obtain a construction business license pursuant to the Construction Industry Law(Taiwan)

Luke Hung The Supreme Administrative Court rendered the 104-Pan-718 Administrative Decision of November 27, 2015 (hereinafter, the “Decision”), holding that a contractor handling earthwork excavation, transportation and disposal is still required to obtain a construction business license pursuant to the […]

2017 年 8 月 8 日

If an administrative agency still executes a contract with a supplier in a tender procedure which the administrative agency is clearly aware to be defective before the bid opening, the issue of inadequate protection of reliance interest as a result of the supplier’s violation of its obligations in the beginning does not exist(Taiwan)

Teresa Huang The Supreme Court rendered the 105-Tai-Shang-30 Civil Decision of January 7, 2016 (hereinafter, the “Decision”), holding that if an administrative agency still executes a contract with a supplier in a tender procedure which the administrative agency is clearly […]

2017 年 8 月 8 日

If a bid-winning supplier fails to deliver according to the objectives of an obligation with performance delayed for reasons attributable to the supplier, the degree of the supplier’s imputability should still be considered in determining if this matter should be published in the Government Procurement Gazette(Taiwan)

Frank Sun The Supreme Administrative Court rendered the 105-Pan-5 Administrative Decision of January 7, 2016 (hereinafter, the “Decision”), holding that if a bid-winning supplier fails to deliver according to the objectives of an obligation with performance delayed for reasons attributable […]

2017 年 8 月 8 日

New Version of the Catalogue of Telecommunications Services Promulgated by the Ministry of Industry and Information Technology(Mainland China)

Li-kang Weng On December 25, 2015, the Ministry of Industry and Information Technology promulgated the 2015 Catalogue of Telecommunications Services (the “Catalogue”), which will go into effect on March 1, 2016. Since the first version of the Catalogue was promulgated […]

2017 年 8 月 8 日

Guiding Opinion on All-out Development of Precast Buildings(Mainland China)

2016.09.27 James Cheng On September 27, 2016, the General Office of the State Council issued the Guiding Opinion on All-out Development of Precast Buildings (hereinafter, the “Guiding Opinion”), which is highlighted below: 1. General requirements The Guiding Opinion aims to […]

2017 年 8 月 8 日

For damage in the form of delayed completion which is not attributable to the project owner and contractor, the interest of both parties and the amount of such damage, which are related to factors a court should consider with respect to the principle of changed circumstances, should be communicated to the parties for full-scale debates before a ruling or decision is rendered (Taiwan)

2016.07.13 Angela Wu The Supreme Court rendered the 105-Tai-Shang-1173 Civil Decision of July 13, 2016 (hereinafter, the “Decision”), holding that for damage in the form of delayed completion which is not attributable to the project owner and contractor, the interest […]

2017 年 8 月 8 日

If a name borrower who has registered a piece of real estate under the name of the individual whose name is borrowed under a name borrowing contract, such name borrower should not be deemed to have no disposal right(Taiwan)

2016.12.30 Angela Wu The Supreme Court rendered the 105-Tai-Shang-2384 Civil Decision of December 30, 2016 (hereinafter, the “Decision”), holding that if a name borrower who has registered a piece of real estate under the name of the individual whose name […]

2017 年 8 月 8 日

Since roads in private lands provided under construction laws and regulations and the Civil Code for public access are different from existing roads formed due to statute of limitation, it is necessary to conduct respective investigation for determination(Taiwan)

2017.01.05 Teresa Huang The Supreme Court rendered the 106-Tai-Shang-116 Civil Decision of January 5, 2017 (hereinafter, the “Decision”), holding that since roads in private lands provided under construction laws and regulations and the Civil Code for public access are different […]

2017 年 8 月 8 日

The restriction on the right of passage under Article 789 of the Civil Code does not apply to landlocked lands created as a result of land partitioning pursuant to the government’s requirements for cultivating freeholding farmers(Taiwan)

2017.01.26 Luke Hung Article 789 of the Civil Code provides: “If, in consequence of a transfer of a part of a piece of land or of a partition of a piece of land, the land has no suitable access to […]

2017 年 8 月 8 日

The so-called “forgery” and “alteration” under the Government Procurement Law include the circumstance where the documents prepared in the name of a tenderer are untrue(Taiwan)

2016.11.30 Frank Sun The Supreme Administrative Court rendered the 105-Pan-627 Decision of November 30, 2016 (hereinafter, the “Decision”), holding that the so-called “forgery” and “alteration” under the Government Procurement Law should be interpreted in a manner consistent with the objectives, […]

2017 年 8 月 8 日

Whether a land used for pedestrian malls may include arcades or uncovered sidewalks should be determined by the competent authority based on the circumstances of individual cases

2016.11.29 Luke Hung The Minister of the Interior issued the Tai-Nei-Ying-1050079403 Circular of November 29, 2016 (hereinafter, the “Circular”) to communicate that whether a land used for pedestrian malls may include arcades or uncovered sidewalks should be determined by the […]

2017 年 8 月 8 日

Amendments to the Enforcement Rules of the Government Procurement Law

2016.11.18 Luke Hung The Public Construction Commission promulgated Articles 32, 84 and 111, as amended, of the Enforcement Rules of the Government Procurement Law (hereinafter, the “Enforcement Rules”) via the Gong-Cheng-Qi-10500362770 Directive of November 18, 2016. The amendments have the […]

2017 年 8 月 8 日

Use of lands or buildings within an urban plan in violation of zoning restrictions will be penalized(Taiwan)

2016.09.29 Luke Hung The Supreme Administrative Court rendered the 105-Pan-509 Decision of September 29, 2016 (hereinafter, the “Decision”), holding that use of lands or buildings within an urban plan in violation of zoning requirements will be penalized. According to the […]

2017 年 8 月 8 日

Clarification of whether a licensed professional engineer may be hired as a honorary advisor of a non-profit association on a part-time basis and whether transportation allowances may be received(Taiwan)

2016.10.11 Teresa Huang The Public Construction Commission issued the Gong-Cheng-Ji-10500306620 Circular of October 11, 2016 (hereinafter, the “Circular”) to clarify issues concerning whether a licensed professional engineer may be hired as a honorary advisor of a non-profit association on a […]