Special Act For Post-Typhoon Morakot Disaster Reconstruction

Article I

Article II

The post-Morakot disaster reconstruction shall be human-oriented, focusing on helping to restore normal lifestyles.  The post-Morakot disaster reconstruction teams shall honor characteristics of diverse and multiple cultures, assure hands-on participation by the local communities and shall, meanwhile, carefully maintain the security of  national territories and sound protection of environmental resources.

Article III

The term “affected areas” as set forth herein denotes the areas devastated by Morakot.  The Executive Yuan (the Cabinet) shall issue official announcement concerning the scope of the affected areas

Article IV

To implement the post-Morakot disaster reconstruction, the Post-Morakot Disaster Reconstruction Council shall be duly established under the Executive Yuan to be responsible for coordination, review, policymaking, implementation and supervision of the post-Morakot disaster reconstruction issues.  The Council has one convener and one deputy convener who shall be concurrently served by the Premier and Vice Premier.  The Council has 33~37 Council members to be named by the Convener from among the Executive Yuan (Cabinet) ministers without portfolio, heads of the relevant authorities, municipal or county (city) governments, scholars and experts to serve the post either on a full-time or concurrent basis.  Among the Council members, the representatives appointed among victims and aboriginal people shall not be less than one-fifth.

The organizational chart of the reconstruction implementation committees at local government level shall be fixed by the local governments respectively.

Article V

The central competent authorities shall, after the Special Statute goes into effect, provide the Post-Morakot Disaster Reconstruction Plan.  The contents of the Plan shall include the reconstruction of homelands, reconstruction of facilities, reconstruction of industries, restoring of  lifestyle, and reconstruction of culture exactly in accordance with the principle of preservation and restoration of the national territory.
The funding required for the relevant reconstruction projects shall be budgeted by the Executive Yuan (the Cabinet) in the amounts as actually required.

Article VI

For implementation of this Special Act and Disaster Prevention and Protection Act, the Central Government shall obtain financial sources in accordance with the following principles:

The extraordinary budget provided under Subparagraph II of the preceding paragraph is exempted from the restriction of Article 23 of the Budget Act which bans the use of the funds as routine expenditure, and also exempted from the restriction set forth under Articles 30, 37 of the Financial Revenues & Expenditure Division Act which bans the use of the funds to subsidize local issues and fund burdens, and is, as well, exempted f from the restriction set forth under Article 76 of the Local Government Act in the procedures to act for others and the provision for fund burdens. 
When a local level authority implements this Special Statute and matters under the Disaster Prevention and Protection Act, the Central Government may grant subsidy based on the actual need.  The implementing authority in the Central Government may, as well, permit the subsidized local level authority to implement the tasks on the “payments or receipts on behalf of others” basis.
To meet emergency needs in such tasks in disaster rescue and reconstruction, the implementing authority in the Central Government may, after reporting to and obtaining approval from the Executive Yuan (the Cabinet), make a partial payment in advance until the statutory procedures for the extraordinary budget under Paragraph I, Subparagraph II are completed.

Article VII

In the event that an affected house is officially identified by the government to have been damaged to an unusable level and where the existing loaner bank takes over that house and the building lot, the Ministry of the Interior may take over the balance of the current loan for the remaining loan period and grant interest rate subsidy within the maximum of 2% per annum.  If the land in that case has not been destroyed, the government will bear the balance of the loan and obtain the mortgage.

For rescue of flood victims due to a flood disaster, the target beneficiaries for rescue shall be the number of households actually affected, free from the restriction of one doorplate (nameplate) for each household.  The rescue grants shall be based on the flood disaster rescue criteria.  A household subject to a flood over 50 cm shall be granted NT$20,000.  Additionally, the financial foundation established by the government will grant another NT$20,000 rescue grant per household. 

Article IX

The Central Government shall set up life reconstruction service centers in the affected areas (villages, townships, cities) to provide services in living, psychology, schooling, employment and other fringe benefits and welfare.

Article X

Article XI

In the event that a Farmer Health Insurance Insured (Insurant) and/or National Annuity Insurance Insured (Insurant) is (are) affected by the Morakot typhoon, the insurance premium payable by him or her or them within the specified period after the typhoon shall be paid by the government.  The qualification requirements, terms, duration and other regulations to be complied with shall be enacted by the Ministry of the Interior. 

Article XII

In the event that a Labor Insurance Insured (Insurant) and/or Employment Insurance Insured (Insurant) is (are) affected by the Morakot typhoon, the insurance premium payable by him or her or them within the specified period after the typhoon shall be paid by the government.
In the event that a Labor Insurance Insured (Insurant) is injured or diseased due to the typhoon, he or she may apply for injury/disease insurance benefit.  The fund so required shall be paid by the government. 

Article XIII

The competent authorities in charge of labor affairs in the municipalities and counties (cities) shall submit the information of the unemployed people in the affected areas to the local government employment service organizations as the grounds for recommendation for employment or arrangement of occupational educational & training programs.
The unemployed people in the affected areas shall duly register themselves with the government employment service organizations for employment solicitation.  The unemployed people who are not recommended for employment or arranged for occupational educational & training programs after having completed employment registry with the government establishment employment service organizations may be recommended to engage in temporary employment in the government authorities (organizations) or nonprofit organizations (hereinafter collectively referred to as employer units) and be paid with a temporary allowance.  In such a case, the provisions set forth in the Labor Standards Law , Employment Insurance Act and Labor Pension Act are not applicable.

Article XIV

The employer units shall purchase labor insurance and national health insurance for the people hired in Paragraph II of the preceding Article for the hiring period.  If such people are unqualified for labor insurance, the employer units shall purchase other safety insurance policies or accident risk institution for such people.
The insurance premium for the insurance policies mentioned in the preceding paragraph shall be paid by the Central Government. 
In the event that the people hired in accordance with Paragraph II of the preceding Article have been laid off in accordance with the Labor Insurance Act or have withdrawn from the insurance during the period of occupation-oriented calamity in accordance with the Labor Protection Act before the employer units purchase the said insurance for them and, through their initial willingness, intend to be continually insured for labor insurance, such people may be continually insured for labor insurance in the capacity of laid-off people or occupation-oriented calamity victims until they meet the qualification requirements for elderly pension.

Article XV

The contractors awarded the reconstruction projects for the post-typhoon Morakot disaster shall preferentially hire the unemployed people in the affected areas.  The government should grant incentive awards to such contractors who preferentially hire such unemployed people.
In the event that a contractor awarded a reconstruction project for the post-typhoon Morakot disaster mentioned in the preceding paragraph refuses to preferentially hire the unemployed people in the affected areas without a justifiable reason, it shall forfeit the solicitation permit, hiring permit, employment extension permit for its application for foreign workers under Article 46, Paragraph 1, Subparagraph 10 of the Employment Service Act based on the number of people it refuses to hire, or have its solicitation permit or hiring permit revoked or nullified either in whole or in part within five years starting from the date on which the contractor refuses to hire.

The qualification requirements of employers, period of incentive awards, terms, duration and the number set forth under Paragraph I as well as other regulations to be complied with shall be enacted by the Council of Labor Affairs, Executive Yuan

Article XVII

The various rescue aids, consolation fees or temporary working allowance received by the residents in the affected areas from the government or non-government authorities or organizations may not be counted as part of the aggregate individual income for levy of income tax.
The land and buildings in the affected areas consistent with specified requirements may be exempted from house tax and land value tax.

Article XVIII

In the event that the farmland, fish ponds or other agriculture-related facilities used as the collateral to financial institutions for loans are damaged or destroyed either in whole or in part, such collateral may be taken over by the financial institution based on the remaining balance of the loan.
In the event that a financial institution takes over the collateral in accordance with the preceding paragraph, the government shall grant subsidy to such financial institution within the maximum limit of 80% of the amount so taken over.  The scope, method, procedures of the subsidy for the collateral so taken over and other regulations to be complied with shall be enacted by the Council of Agriculture in consultation with the Financial Supervisory Commission, Executive Yuan.

Article XIX

The implementing authorities of the Central Government level may bail out the industries or enterprises which run into difficulty in business operation due to the Morakot disaster. 
For the identification of the industries or enterprises which run into difficulty in business operation mentioned in the preceding paragraph, the criteria of bailout measures and other regulations to be complied with shall be proposed by the implementing authorities of the Central Government and submitted to the Executive Yuan (the Cabinet) for approval.
In the event that an enterprise runs into difficulty in business operation due to the Morakot disaster, the principal and interest for the loans granted before the Morakot disaster may be, subject to consent by the financial institution, extended.
The duration of extension mentioned in the preceding paragraph shall have a maximum limit of one year in case of working capital and three years in case of capital financing loan.
For the loss in interest accruing during the period of accorded extension set forth under Paragraph III, the implementing authority of the Central Government shall subsidize the financial institution.
Where an enterprise obtains a loan from a financial institution within the scope of the restoration business operation plans in response to the Morakot disaster, the relevant credit guarantee fund may provide credit guarantee and may grant subsidy for the interest accruing out of the loan within the maximum limit of one year in case of working capital and three years in case of capital financing loan.
The credit guarantee mentioned in the preceding paragraph shall be 90% of the total.  The affected enterprise may be exempted from the handling charge for the period of the said guarantee.

Article XX

The contractors of reconstruction projects in an affected area shall duly respect the organization, culture and lifestyle of the local people and communities (tribes).
For the land in a affected area which is endangered or unlawfully used for construction, the Central Government, municipal or county (city) governments may, after reaching an accord with the original residents, classify such land as a special zone to restrict residences or may order that the local residents relocate their residences, or relocate entire villages, and may grant appropriate accommodation.
Where land is required to erect buildings to settle the affected people or for restriction of residences, or relocation of residences, villages may be expropriated and apply for appropriation of public land, free from the restriction set forth under Article 28 of the National Property Act, Article 25 of the Land Law and Regulations Governing Local Public Properties.  In the event that the government has borne the balance of the loan in accordance with Article VII, such balance shall be deducted from the expropriated amount when the land is expropriated.
When the specific zone classified in an affected area under Paragraph II is subject to compulsory relocation of residences, or relocation of entire villages within the specified time limit, the land and land improvement buildings may be expropriated.  In case of leasehold of public land, the lease agreement may be terminated and compensation shall be granted in accordance with the agreement or laws and ordinances concerned.  In the event that the land proves to have borne residences or farming work but without leasehold, rescue aid may be granted for the above-ground improvements.
The land expropriated under Paragraph III may be exempted from the procedures for agreement and price haggling.  If such land is obtained through purchase after negotiation, the right for preferential purchase is not applicable. 
Upon implementation of expropriation, appropriation and purchase of land through accord under Paragraphs II, III and IV, the municipal or county (city) governments shall grant subsidy for rental, down payment for house purchase, interest for house loan, relocation fee and other fees necessary for settlement to the residents who prove cooperative with the government policies within the specified time limit or the relocated residences.
The qualification requirements for subsidies, the amounts of subsidies, application procedures and other regulations to be complied with as mentioned in the preceding paragraph shall be enacted by the Ministry of the Interior.

Article XXI

In the event that the land required to settle affected residents in the affected areas proves to be consistent with the environmental reservation policies in replacement of environmental impact statements, is within the specified scale and proves to be safe without any hazard as officially recognized by the authorities in charge of land utilization, ecology, environmental impact assessment, soil and water conservation engineering and water conservancy authorities in concerted surveys, the change and development of such land shall be free from restrictions of the Regional Plan Act, Urban Planning Act, National Park Law, Environmental Impact Assessment Act, Soil and Water Conservation Act and other laws and ordinances concerned.  The qualification requirements for subsidies, the amounts of subsidies, application procedures and other regulations to be complied with as mentioned in the preceding paragraph shall be enacted by the Ministry of the Interior.  The environmental reservation policies, the specified scale, principles to identify the safe conditions free of hazard, scope of exemption from legal restriction and other regulations to be complied with shall be enacted by the Ministry of the Interior.
In the event that the land mentioned in the preceding paragraph is owned by the government or a government owned corporation, the administration authority of the government land or the government owned corporation may provide the complimentary right to use the land to the government or the non-government units accredited by the government to erect buildings to settle the affected people.  The deed tax may be exempted from such land.  The houses transferred to the affected people complimentarily may be exempted from the individual income tax of the affected people.

Article XXII

The government authorities of various levels, when implementing rebuilding or repair of the damaged water conservancy facilities which have been damaged by the Morakot disaster, may change the planned water channel lines, designed dike lines and set up facilities concerned, free from the restrictions set forth under Article 82 of the Water Act. The government authorities of various levels may duly amend and promulgate the regions of rivers based on the scope of the facilities mentioned in the preceding paragraph and may classify and promulgate the flood-hazard zones for the scope beyond the said river zones subject to flood hazard to restrict or prohibit use of the land within the flood-hazard zones. The matters of restriction, prohibition, level of control, removal or demolition, compensation of facilities and other regulations to be complied with shall be enacted by the Ministry of Economic Affairs.

Article XXIII

The government authorities of various levels, when implementing reconstruction of traffic, transportation and other public works in the affected areas, or reconstruction, construction, protection for electricity transmission circuits, may build cross-river makeshift bridges or makeshift roads, or rebuild, restore or remove existing  buildings crossing a river channel or beneath water conservancy facilities, or dredge river channels, and may enjoy simplified administrative procedures to use the river regions as set forth under the Water Conservancy Act.

Article XXIV

When the government authorities of various levels are in the process of restoring traffic and proceeding with reconstruction in the post-Morakot disaster period, such government authorities are free from the restrictions for land control and forest protection, and Article 12 of the Soil and Water Conservation Act for the water resources, flood control engineering, water reservoir operation safety, river, wild stream dredging, clean-away, refill, temporary storage of the earthwork so used or incurred.  The refill and temporary storage of the earthwork shall, nevertheless, still call for treatment of soil and water conservation and maintenance set forth under Article 8 of the Soil and Water Conservation Act.  If such work involves river regions, approval from the competent authorities in charge of the target business shall be obtained.  In the event that the spot where the earthwork is temporarily stored is within the area required for permanent storage after the typhoon disaster, the administrative procedures shall be duly completed afterward according to laws and ordinances concerned.
The soil and water conservation engineering for traffic restoration mentioned in the preceding paragraph shall be duly handled in accordance with Article XXV.

Article XXV

Where the electricity transmission circuits or tap-water pipelines are built or installed and the traffic is rebuilt as the result  of the Morakot disaster, the land may be used and reconstruction work based on the existing or projected routes undertaken in advance.  In the event that the tower base, pipeline or road base has been washed away or could not be reconstructed within a short period of time, such facilities may be relocated for reconstruction, free from the restrictions set forth under Article 50 of the National Property Act, Articles 50, 51 of the Electricity Act.  The acquisition of the land required for the projects is free from the restrictions set forth under Article 52 of the Urban Planning Act and Article 25 of the Land Act.
In case of reconstruction work as mentioned in the preceding paragraph for which the Soil and Water Conservation Engineering Plan should be worked out beforehand in accordance with Articles 12 and 14 of the Soil and Water Conservation Act, a summary soil and water conservation declaration may be accepted as an alternative method of providing the soil and water conservation project.  The competent authorities in charge of the subject enterprises shall be responsible for review and superintendence.
In the event that the authority needing to use land has an emergency need and use of public or private land or land improvements would inevitably delay and lead to critical damage to the public interest, such authority may first obtain consent from the land owner for use before proceeding with the procedures supplementarily in accordance with the Land Compulsory Purchase Act, Land Act and National Property Act.

Article XXVI

When the government authorities of various levels proceed with an emergency reconstruction and an approved calamity prevention reconstruction project due to the Morakot disaster, emergency clean-away methods, facilities and spots for the planning or disposal of the calamity-related earthwork and river sludge shall remain free from the restrictions of the Environmental Impact Assessment Act.
In the event that the Morakot disaster leads to an inadequacy in storage, restoration, clean-away or disposal facilities which are likely to pollute or contaminate environment or human health, the Environmental Protection Authority of the Central Government level (i.e., Environmental Protection Administration (EPA)) may be exempt from the procedures of associating with other implementing authorities of the Central Government, other authorities concerned and reporting to the Executive Yuan (the Cabinet) for approval and may, instead, designate the waste clean-away method, facilities and locations in accordance with Article 8 of the Waste Disposal Act or may permit an increase in the monthly disposal volume as long as there is no increase in the equipment at the location and no increase in the previously approved volume.
In the event that pollution prevention facilities are damaged by the Morakot disaster which has made normal business operation impossible and led to inconsistency with environmental protection-related laws, an application may be lodged along with supporting certificates or corrective action (remedial measure) programs to the competent authority in charge of environmental protection within three months starting from enforcement of this Special Act.  The competent authority in charge of environmental protection may grant a time limit for corrective action (remedial measure) within the maximum limit of six months which may, as necessary, be extended in response to an application.  But an extension may be permitted only once.  No penalty will be imposed during the period of corrective action (remedial measure).
During the period of corrective action (remedial measure) mentioned in the preceding paragraph, the inspection declaration required under  relevant environmental protection laws may be exempted.  An enterprise designated and promulgated under Article 9 of the Soil and Groundwater Pollution Remediation Act which is shut down or suspended from business operation due to the Morakot disaster may be exempted from the measures under that Act.

Article XXVII

To prevent infectious pandemics in the affected areas, the Department of Health of the Executive Yuan (the Cabinet) will prepare vaccines, medicines, devices and other such vaccination and medical resources along with adequate medical professionals and may, as necessary, establish temporary medical service stations.

Article XXVIII

For people missing amidst the Morakot disaster, the prosecution authorities may, in response to applications by inheritors, conduct investigation in detail and may issue death certificates if certain facts prove that such people have been dead without a body found. The application mentioned in the preceding paragraph shall be lodged within one year starting from enforcement of this Special Statute.
The missing people mentioned in Paragraph I are presumed to have been dead at the time as set forth in the death certificates.
In the event that a missing person proves to have survived, the prosecutor authority may revoke the death certificate in response to an application by the subject person himself or herself, the applicant mentioned in Paragraph I or his or her interested person, or upon the authority vested (ex officio).
In the event that the body of a missing person is found after the death certificate is issued, the prosecutor authority shall duly conduct examination of the body and issue an autopsy certificate and shall revoke the death certificate previously issued.
The provision set forth under Article 640 of the Code of Civil Procedure is applicable mutatis mutandis to the validity of the death certificate set forth in the two preceding paragraphs.
The provisions set forth in the four preceding paragraphs are applicable to any death certificate issued by the prosecutor authority under situations set forth in Paragraph I before this Article comes into enforcement.

Article XXIX

In the event that a reconstruction job proves unenforceable due to the requirements of various competent authorities in charge of the target business or local government, the issue shall be duly handled according to the decision resolved by the Morakot Post-Disaster Reconstruction Council, Executive Yuan.

Article XXX

This Special Act goes into effect on the date of promulgation and remains in effect for three years.
For the part not yet implemented upon expiry of the Special Act, the period of implementation may be extended as deemed appropriate by the Executive Yuan (the Cabinet).  The period of extension shall not exceed the maximum limit of two years.