Land Administration Law of the People's Republic of China

Source:光雾山—诺水河世界地质公园Date:2021-05-21 10:49Visits:340

Land Administration Law of the People's Republic of China

 

(Adopted at the 16th Meeting of the Standing Committee of the Sixth National People's Congress on June 25 1986; firstly amended in accordance with the Decision on Revising the Land Administration Law of the People's Republic of China made by the Standing Committee of the Seventh National People's Congress at its 5th Meeting held on December 29 1988; revised at the 4th Meeting of the Standing Committee of the Ninth National People's Congress on August 29 1998; secondly amended in accordance with the Decision on Revising the Land Administration Law of the People's Republic of China made by the Standing Committee of the Tenth National People's Congress at its 11th Meeting held on August 28 2004; thirdly amended in accordance with the Decision on Revising the Land Administration Law of the People's Republic of China and the Urban Real Estate Administration Law of the People's Republic of China made by at the Standing Committee of the Thirteenth National People's Congress at its 12th Meeting held on August 26 2019) 

 

Table of Contents

Chapter I General Provisions

Chapter II Ownership of Land and Right to the Use of Land

Chapter III Overall Plans for Land Utilization

Chapter IV Protection of Cultivated Land

Chapter V Land to Be Used for Construction

Chapter VI Supervision and Inspection

Chapter VII Legal Responsibility

Chapter VIII Supplementary Provisions

 

Chapter I General Provisions

 

Article 1 This Law is enacted in accordance with the Constitution for the purpose of strengthening land administration maintaining the socialist public ownership of land protecting and developing land resources making proper use of land effectively protecting cultivated land and promoting sustainable development of the society and the economy.

Article 2 The People's Republic of China practices socialist public ownership of land namely ownership by the whole people and collective ownership by the working people.

Ownership by the whole people means that the State Council exercises the right of ownership of State-owned land on behalf of the State.

No units or individuals may encroach on or transfer land through buying selling or other illegal means. The right to the use of land may be transferred in accordance with law.

The State may in the public interest lawfully requisition land owned by collectives.

The State applies in accordance with law a system of compensated use of State-owned land with the exception of land the right to the use of which is allocated by the State within the provisions of laws.

Article 3 To value land highly use land rationally and protect cultivated land effectively is China's basic policy. People's governments at all levels shall take measures draw up overall plans tighten control protect and develop land resources and prevent unlawful occupation and use of land.

Article 4 The State applies a system of control over the purposes of use of land.

The State formulates overall plans for land utilization in which to define the purposes of use of land and classify land into land for agriculture land for construction and unused land. It shall rigidly restrict conversion of land for agriculture to land for construction keep the total area of the land for construction under control and give special protection to cultivated land.

Land for agriculture as referred to in the preceding paragraph means land that is directly used for agricultural production including cultivated land forest land grassland land for irrigation and water conservancy and water surfaces for aquaculture; land for construction means land for construction buildings and other structures including land for housing in urban and rural areas for public utilities for industries and mining for communications and water conservancy for tourism and for military installations; unused land means land other than land for agriculture and construction.

All units and individuals shall use land in strict compliance with the purposes of use defined in the overall plans for land utilization.

Article 5 The natural resources administration department under the State Council shall be in charge of unified administration of and supervision over the land throughout the country.

The establishment and duties of the natural resources administration departments of local people's governments at or above the county level shall be decided by people's governments of provinces autonomous regions and municipalities directly under the Central Government in accordance with the relevant regulations of the State Council.

Article 6 The State Council authorized agencies to inspect the people's governments of provinces autonomous regions municipalities directly under the Central Government and the people's governments of cities determined by the State Council on land use and land management.

Article 7 All units and individuals shall have the obligation to observe the laws and regulations governing land administration and shall have the right to report against or accuse any violations of such laws or regulations.

Article 8 The people's governments shall reward the units or individuals that achieved outstanding successes in protecting and developing land resources using land rationally and carrying out relevant scientific research.

 

Chapter II Ownership of Land and Right to the Use of Land

 

Article 9 Land in the urban areas of cities shall be owned by the State.

Land in rural and suburban areas shall be owned by peasant collectives except for those portions which belong to the State as provided for by law; house sites and private plots of cropland and hilly land shall also be owned by peasant collectives.

Article 10 State-owned land and land owned by peasant collectives may be lawfully determined to be used by units or individuals. Units and individuals that use land shall have the obligation to protect and manage the land and make rational use of the land.

Article 11 Land owned by peasant collectives that belongs lawfully to peasant collectives of a village shall be operated and managed by collective economic organizations of the village or by villagers' committees; land already owned by different peasant collectives that belong to two or more different collective economic organizations in the village shall be operated and managed by the rural collective economic organizations in the village or by villagers' teams; land already owned by peasant collectives of a township (town) shall be operated and managed by rural collective economic organizations of the township (town).

Article 12 The registration of ownership and use of land shall be conducted in accordance with the laws and administrative regulations regarding the registration of real estate.

The lawfully registered ownership of law and right to the use of land shall be protected by law and may not be infringed upon by any units or individuals.

Article 13 Farmland forestland and grassland owned by peasant collectives and owned by the state and used by peasant collectives according to law as well as other lands used for agriculture according to law shall take the form of household contract within the collective economic organizations in rural areas. Barren mountains gullies hills and beach lands which are unsuitable for household contract may be contracted by means of bidding auction and open consultation and engaged in planting forestry animal husbandry and fishery operation. The contract period of farmland contracted by families is 30 years the contract period of grassland is 30 to 50 years and the contract period of forestland is 30 to 70 years. The contract period of farmland will be extended for another 30 years after expiration and the contract period of grassland and forestland will be extended correspondingly after expiration according to law.

State-owned land used for agriculture according to law can be contracted out to units or individuals for farming forestry animal husbandry and fishery operations.

The contract-issuing party and contractors should sign land use contracts to define each other's rights and obligations. Contractors for the land operation are obliged to protect and use the land rationally according to the usages specified in the contracts.

Article 14 Disputes over ownership of land or the right to the use of land shall be solved through consultation between the parties. If such consultation fails they shall be decided by the people's government.

Disputes between units shall be decided by people's governments at or above the county level. Disputes between individuals or between individuals and units shall be decided by people's governments at the township level or at or above the county level.

If a party refuses to accept the decision of the relevant people's government it may file a suit in a People's Court within 30 days from the date of receiving notification of the decision.

Before a dispute over ownership of land or the right to the use of land is solved no party may alter the conditions in which the land is being used.

 

Chapter III Overall Plans for Land Utilization

 

Article 15 People's governments at all levels shall draw up overall plans for land utilization on the basis of the requirements of the plans for national economic and social development the need for improvement of national land and for protection of the natural resources and the environment the capacity of and supply and the demand for land by various construction projects.

The duration of an overall plan for land utilization shall be prescribed by the State Council.

Article 16 The overall plan for land utilization at a lower level shall be drawn up on the basis of such a plan drawn up at a higher level.

The total amount of land for construction in the overall plan for land utilization drawn up by local people's governments at different levels shall not exceed the control norm set in such a plan by the people's government at a higher level and the amount of cultivated land reserved shall not be smaller than the control norm set in the overall plan for land utilization of the people's government at a higher level.

In drawing up their overall plans for land utilization the people's governments of provinces autonomous regions and municipalities directly under the Central Government shall ensure that the total amount of the cultivated land within their administrative areas is not reduced.

Article 17 Overall plans for land utilization shall be drawn up in accordance with the following principles:

(1) To implement the requirements of land space development and protection and strictly control land use;

(2) To strictly protect permanent capital farmland and strictly control the occupation of agricultural land for non-agricultural construction;

(3) To improve the level of economical and intensive use of land;

(4) To make an overall planning for the use of urban and rural production living and ecological land meet the reasonable demand for land for rural industries and infrastructure and promote the integrated development of urban and rural areas;

(5) To protect and improve ecological environment and guarantee the sustainable use of land;

(6) To maintain balance between the amounts of farmland occupied and the amounts of land developed and reclaimed and keep good quality.

Article 18 The State establishes a national spatial planning system. The preparation of territorial spatial planning should adhere to ecological priority green sustainable development scientific and orderly arrangement of ecological agricultural urban and other functional space optimize the spatial structure and layout of the land improve the quality and efficiency of territorial spatial development and protection.

The spatial planning of the land approved by law is the basic basis for all kinds of development protection and construction activities. If the territorial spatial planning has been prepared the overall land use planning and urban and rural planning will no longer be prepared.

Article 19 In the overall plans for land utilization at the county level land shall be zoned and the purposes of its use defined.

In the overall plans for land utilization at the township (town) level land shall be zoned and the purposes of use of each plot defined in light of the conditions of the land to be used both of which shall be made known to the general public.

Article 20 The overall plans for land utilization shall be examined for approval at different levels.

The overall plans for land utilization drawn up by provinces autonomous regions and municipalities directly under the Central Government shall be submitted to the State Council for approval.

The overall plans for land utilization drawn up by cities where people's governments of provinces or autonomous regions are located and where the population is over one million and cities earmarked by the State Council shall be examined for consent by people's governments of the provinces or autonomous regions before they are submitted to the State Council for approval.

The overall plans for land utilization other than the ones mentioned in the second and third paragraph of this Article shall be submitted for approval level by level up to the people's governments of provinces autonomous regions and municipalities directly under the Central Government. Among these the ones drawn up by townships (towns) may be submitted for approval to the people's governments of the cities that are divided into districts and of the autonomous prefectures as authorized by people's governments at the provincial level.

Once an overall plan for land utilization is approved it shall be strictly carried out.

Article 21 The amount of land to be used for urban construction shall conform to the norm set by State regulations. Attention shall be paid to making full use of the existing land for construction and using little or no land for agriculture.

Urban general planning and the planning of villages and market towns shall be in line with the general plans for land use. The amount of land for construction use in the urban general planning and the planning of villages and market towns shall not exceed the amount of land used for construction purposes in cities villages and market towns fixed in the general plans for the utilization of land.

The land for construction purposes in cities villages and market towns within the planned areas of cities villages and market towns shall conform to the city planning and the planning of villages and market towns.

Article 22 Plans for all-round harnessing of rivers and lakes and for their development and utilization shall be dovetailed with the overall plan for land utilization. Within the areas of the rivers lakes and reservoirs under control and protection and the areas for flood storage or detention land shall be used in conformity with the plan for all-round harnessing of rivers and lakes and for their development and utilization and with the requirements of flood diversion and storage and water transmission from the rivers and lakes.

Article 23 People's governments at all levels shall strengthen the management of land use plans and keep control over the total amount of land used for construction.

The annual plans for land utilization shall be drawn up in accordance with the plan for national economic and social development the industrial policies of the State the overall plan for land utilization and the actual conditions of land used for construction and land utilized. The annual plans for land utilization shall make reasonable arrangements for the collective business construction land under Article 63 of this Law. The procedure for examination and approval of annual plans for land utilization is the same as that for overall plans for land utilization. Once the annual plans for land utilization are approved they shall be strictly carried out.

Article 24 People's governments of provinces autonomous regions and municipalities directly under the Central Government shall include the implementation of the annual plans for land utilization in their report on the implementation of the plan for national economic and social development to be delivered to the people's congresses at the corresponding level.

Article 25 Any revision of an approved overall plan for land utilization shall be subject to approval by the organ that originally approved the plan; without such approval no change may be made in the purposes of land use as prescribed in the overall plan for land utilization.

Where a change needs to be made in an overall plan for land utilization to meet the demand of land for the construction of such large infrastructure projects as energy communications or water conservancy projects that have been approved by the State Council it shall be made in accordance with the document of approval issued by the State Council.

Where a change needs to be made in an overall plan for land utilization to meet the demand of land for the construction of such infrastructure projects as energy communications or water conservancy projects that have been approved by people's governments of provinces autonomous regions or municipalities directly under the Central Government and the plan is under the approval authority of a people's government at the provincial level the change shall be made in accordance with the document of approval issued by such government.

Article 26 The State establishes the land survey system.

Natural resources administration departments of people's governments at or above the county level shall together with the departments concerned at the same level conduct land survey. Land owners and users shall cooperate in the work and provide relevant materials.

Article 27 Natural resources administration departments of people's governments at or above the county level shall together with the departments concerned at the same level grade land on the basis of the result of land survey the planned purposes for the use of land and the uniform standard formulated by the State.

Article 28 The State establishes the land statistical system.

Statistical departments and natural resources administration departments of the people's governments at and above the county level shall work together to conduct land statistical surveys and publish materials of land statistics at regular intervals. Landowners or users shall provide relevant materials without refusal delay fabrication and deletion.

Statistics of the areas of land published jointly by statistics departments and natural resources administration departments shall provide the basis for overall plans for land utilization to be drawn up by people's governments at all levels.

Article 29 The State shall establish a national land administration information system to monitor developments in land utilization.

 

Chapter IV Protection of Cultivated Land

 

Article 30 The State protects cultivated land and strictly controls conversion of cultivated land into non-cultivated land.

The State applies the system of compensations for use of cultivated land for other purposes. The principle of “reclaiming the same amount of land as is used” shall be applied to any unit that with approval uses cultivated land for construction of non-agricultural projects that is the unit shall be responsible for reclaiming the same amount and quality of the cultivated land it uses. If conditions for such reclamation do not exist or if the reclaimed land fails to meet the requirements the unit shall pay expenses for reclamation in accordance with the regulations set by people's governments of provinces autonomous regions and municipalities directly under the Central Government and the money shall exclusively be used for reclamation.

People's governments of provinces autonomous regions and municipalities directly under the Central Government shall formulate plans for land reclamation oversee that the unit that uses cultivated land reclaims land according to plan or arranges reclamation according to plan and conduct inspection before acceptance.

Article 31 Local people's governments at or above the county level may require the units that wish to use cultivated land to remove the arable layer of cultivated land to the reclaimed land or to land of inferior quality or to other cultivated land for improving soil. 

Article 32 People's governments of provinces autonomous regions and municipalities directly under the Central Government shall strictly implement the overall plans and annual plans for land utilization and take measures to ensure that the total amount of cultivated land within their administrative areas remains unreduced. Where the total amount of cultivated land is reduced the State Council shall order the government concerned to reclaim land of the same quality and amount as is reduced within a time limit and the natural resources administration department together with the agriculture administration department under the State Council shall inspect the land reclaimed before acceptance.

Where individual governments of provinces or municipalities directly under the Central Government for lack of land reserves cannot reclaim enough land to make up for the cultivated land they used for additional construction projects they shall apply to the State Council for approval of their reclaiming less or no land within their own administrative areas but of their reclaiming land in other areas.

Article 33 The State applies a system of protection for permanent capital farmland. Cultivated land of the following categories shall be included in the permanent capital farmland in accordance with the overall plan for land utilization and be placed under strict protection:

(1) cultivated land within bases of grain cotton oil-bearing crop and sugar productions which are designated as such with the approval of the departments concerned under the State Council or of the people's governments at or above the county level;

(2) cultivated land with good irrigation and water and soil conservation facilities as well as medium-and low-yield fields that are under improvement according to plan or that can be improved and high-standard farmland that has been built;

(3) vegetable production bases;

(4) pilot fields for scientific research or teaching of agriculture;

(5) other cultivated land that should be included in the permanent capital farmland according to regulations of the State Council.

The permanent capital farmland designated as such by provinces autonomous regions and municipalities directly under the Central Government shall account for at least 80 percent of the total cultivated land in their administrative areas respectively. Specific ratio shall be determined by the State Council in accordance with the actual situation of cultivated land in each province autonomous region and municipality directly under the Central Government.

Article 34 The area of permanent capital farmland shall be demarcated with the township (town) as a unit and such demarcation shall be arranged by the natural resources administration department of a people's government at the county level together with the agriculture and rural areas administration department at the corresponding level. Permanent capital farmland should be implemented in land parcels and included in the national permanent capital farmland database for strict management.

People's government at the township (town) level shall announce the location and scope of permanent capital farmland to the public and set up protection signs.

Article 35 After the permanent capital farmland has been demarcated by law no units or individuals shall occupy or change its use. If it is really difficult to avoid permanent capital farmland in the site selection of key national construction projects such as energy transportation water conservancy and military facilities or if it involves agricultural land conversion or land requisition an approval must be obtained from the State Council.

It is prohibited to evade the examination and approval of conversion of agricultural land or land requisition of permanent capital farmland by arbitrarily adjusting county-level overall plans for land utilization and township (town) level overall plans for land utilization.

Article 36 People's governments at all levels shall take measures to guide the appropriate crop rotation and land fallow improve soil increase soil fertility maintain drainage and irrigation engineering facilities to prevent land desertification salinization soil erosion and contamination.

Article 37 In non-agricultural constructions; attention shall be paid to economizing on the use of land. Whereas wasteland can be used no cultivated land may be occupied; whereas land of inferior quality can be used no land of superior quality may be occupied.

It is forbidden to use cultivated land for building kilns and graves or to build houses dig sand quarry mine or collect earth on or from cultivated land without authorization.

It is forbidden to occupy permanent capital farmland for planting forest or fruit trees or to turn such land into pond for raising fish.

Article 38 All units and individuals are forbidden to leave cultivated land unused or let it lay waste. Where a stretch of cultivated land for which the formalities of approval have been gone through for its use for non-agricultural construction projects but which can still be cultivated and yield crops is not used within one year its cultivation shall be resumed by the original collectives or individuals or may be arranged by the land user. If construction is not started for over one year the land user shall in accordance with the regulations of provinces autonomous regions and municipalities directly under the Central Government pay charges for leaving the land unused. If the land is not used for two years running the people's government at or above the county level shall with the approval of the original approving organ take back the users right to the use of the land without compensation. If the said land is originally owned by peasant collectives it shall be returned to the original collective economic organization of the village to resume cultivation.

Land in the area covered by urban planning the land-use right of which is assigned for development of real estate that is left unused shall be dealt with in accordance with the relevant provisions in the Law of the People's Republic of China on the Administration of the Urban Estate.

Article 39 The State encourages units and individuals to develop unused land in accordance with the overall plans for land utilization on condition that the ecological environment is protected and improved and soil erosion and desertification prevented. Priority shall be given to the development of such land for agricultural purposes where conditions permit.

The State protects the lawful rights and interests of such developers in accordance with law.

Article 40 Unused lands shall be reclaimed on the basis of scientific confirmation and evaluation within the reclaimable area designated as such in an overall plan for land utilization and with lawful approval. It is forbidden to reclaim cultivated land by destroying forests or grasslands to reclaim land from lakes and to encroach on tidal-flat areas of rivers.

Where land is reclaimed from forests grasslands or lakes at the expense of the ecological environment it shall gradually be returned to forests grasslands and lakes according to the overall plan for land utilization.

Article 41 Units or individuals that wish to develop State-owned barren hills wastelands or waste tidal flats the land-use right of which is not yet established for crop cultivation forestry animal husbandry or fishery shall be subject to lawful approval by people's governments at or above the county level which may decide that such land be used by the said units or individuals for a long time.

Article 42 The State encourages land consolidation. County and township (town) people's governments shall make arrangements for rural collective economic organizations to conduct in accordance with overall plans for land utilization all-round improvement of the fields water conservancy roads and forests and development of the villages in order to improve the quality of the cultivated land increase the efficient area of cultivated land and better the conditions of agricultural production and the ecological environment.

Local people's governments at all levels shall take measures to transform the medium- and low-yield fields and improve idle and waste land.

Article 43 Land users that cause damage to land as a result of digging subsiding or crumbling under heavy weight shall be responsible for recultivating the land in accordance with the relevant regulations of the State. Where conditions do not permit such recultivation or the land reclaimed does not meet the requirements the user shall pay charges for recultivation which shall exclusively be used for the purpose. The land recultivated shall first be used for agriculture.

 

Chapter V Land to Be Used for Construction

 

Article 44 Where land for agriculture is to be used for construction purposes the formalities of examination and approval shall be gone through for the conversion of use.

For permanent capital farmland to be converted into land for construction the conversion shall be subject to approval by the State Council.

Where land for agriculture is to be converted to land for construction of projects in different periods in order to carry out the overall plan for land utilization within the limits of the amount of land fixed in the plan for the construction of cities villages or towns the conversion of use of land shall in accordance with the annual plan for land utilization be subject to approval in batches by the organ that originally approved the overall plan for land utilization. Approval for the use of land for construction of specific projects within the limits of the amount of land for agriculture conversion of the use of which has been approved may be obtained from people's governments of cities or counties.

Where land for agriculture other than the permanent capital farmland is to be converted to land for construction of projects in different periods in order to carry out the overall plan for land utilization within the limits of the amount of land fixed in the plan for the construction of cities villages or towns the conversion of use of land shall in accordance with the annual plan for land utilization be subject to approval in batches by the organ or competent authorities as per regulations of the State Council that originally approved the overall plan for land utilization. Approval for the use of land for construction of specific projects within the limits of the amount of land for agriculture conversion of the use of which has been approved may be obtained from people's governments of cities or counties.

Where land for agriculture other than the permanent capital farmland is to be converted into land for construction of projects without the limits of the amount of land fixed in the plan for the construction of cities villages or towns it shall be approved by the State Council or the people's governments of provinces autonomous regions and municipalities directly under the Central Government authorized by the State Council.

Article 45 In order to meet the needs of the public interest under any of the following circumstances if it is really necessary to requisition the land collectively owned by farmers the requisition may be carried out according to law:

(1) For military or diplomatic purposes;

(2) For the energy transportation water conservancy communications postal and other infrastructure construction organized and implemented by the government;

(3) For the science and technology education culture health sports ecological environment and resource protection disaster prevention and mitigation heritage conservation community services social welfare municipal public utilities welfare and resettlement martyr protection and other public utilities organized and implemented by the government;

(4) Relocation poverty alleviation and construction of housing projects organized and implemented by the government;

(5) Clustered development and construction within the scope of urban construction land determined by the overall plan for land utilization and as approved by the people's government at or above the provincial level and organized and implemented by the local people's governments at or above the county level;

(6) Other cases where the law provides for the requisition of land collectively owned by farmers for the public interest.

The construction activities specified in the preceding paragraph should be consistent with the national economic and social development planning general land use planning urban and rural planning and special planning; construction activities defined in item (4) and item (5) should also be incorporated into the annual plan for national economic and social development; clustered development defined in item (5) should conform to the standards set by the natural resources administration department of the State Council.

Article 46 Approval shall be obtained from the State Council for requisition of the following land:

(1) Permanent capital farmland;

(2) Cultivated land not included in permanent capital farmland that exceeds 35 hectares;

(3) Other land that exceeds 70 hectares.

Requisition of land other than that provided for in the preceding paragraph shall be subject to approval of the people's governments of provinces autonomous regions and municipalities directly under the Central Government.

Land for agriculture shall be requisitioned after conversion of use of the land is examined and approved in accordance with the provisions of Article 44 of this Law. Where conversion of use of such land is subject to approval by the State Council requisition of the land shall be examined and approved at the same time and there is no need to go through the formalities of examination and approval for the requisition separately. Where conversion of use of land is subject to approval by people's governments of provinces autonomous regions and municipalities directly under the Central Government within the limits of their approval authority over the requisition of land requisition of the land shall be examined and approved at the same time and there is no need to go through the formalities of examination and approval for the requisition separately; if the land to be requisitioned is beyond the limits of their approval authority it shall be examined and approved separately in accordance with the provisions of the first paragraph of this Article.

Article 47 Where land is to be requisitioned by the State the requisition shall after approval is obtained through legal procedure be announced by people's governments at or above the county level. 

Where the local people's government at or above the county level intends to apply for land requisition it shall carry out investigation on the present situation of the land to be requisitioned and assess the risk of social stability and announce the scope of requisition current land situation requisition purpose compensation standard resettlement method and social security within the township (town) village and villagers' group where the land to be requisitioned is located for at least 30 days and listen to the opinions of the rural collective economic organizations and their members villagers' committees and other stakeholders.

Where most members of rural collective economic organizations whose lands have been requisitioned think that the compensation and resettlement scheme for land requisition does not comply with the provisions of laws and regulations the local people's governments at or above the county level shall organize a hearing and revise the scheme according to the provisions of laws and regulations and the hearing situation.

The owner and user of the land to be requisitioned shall within the time limit stipulated in the announcement handle the compensation registration procedures with the supporting materials of immovable property ownership. The local people's governments at or above the county level shall organize the relevant departments to calculate and implement the relevant expenses ensure that the full amount is in place and sign an agreement with the owners and users of the land to be requisitioned on compensation and resettlement. If it is really difficult to reach an agreement in some cases it should be truthfully explained when applying for land requisition.

Upon completion of the relevant preliminary work local people's governments at or above the county level may apply for land requisition.

Article 48 The requisition of land should be given fair and reasonable compensation to ensure that the original standard of living of the requisitioned farmers is not reduced and their long-term livelihood is guaranteed.

During land requisition compensation for land resettlement subsidies and compensation for rural villagers' houses other attachments and young crops on the requisitioned land shall be paid in full and on time according to law and social security expenses for land-requisitioned farmers shall be put in place.

The standards of compensation for land and resettlement subsidies for the requisition of agricultural land shall be determined by the provinces autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the areas. The formulation of the comprehensive land price of an area should comprehensively consider the original purpose of land land resource conditions land output value land location land supply and demand relationship population and economic and social development level etc. and adjust or re-publish it at least once every three years.

Standards for compensation for lands other than the requisitioned land attachments and young crops on the requisitioned land shall be prescribed by provinces autonomous regions and municipalities directly under the Central Government. The rural villagers' houses should be compensated fairly and reasonably in accordance with the principle of compensation before relocation and improvement of living conditions respecting the wishes of rural villagers rearranging house site to build houses providing resettlement houses or monetary compensation. The relocation and temporary resettlement costs caused by requisition should be compensated to protect the rural villagers' living rights and legitimate housing property rights and interests.

The local people's governments at or above the county level shall include the land-requisitioned farmers into the corresponding social security system such as the pension system. The social security fees of the requisitioned farmers are mainly used to subsidize the social insurance contributions of the eligible requisitioned farmers such as pension insurance. Measures for the collection management and use of social security fees for land-requisitioned farmers shall be formulated by provinces autonomous regions and municipalities directly under the Central Government.

Article 49 The rural collective economic organization the land of which is requisitioned shall accept supervision by making known to its members the income and expenses of the compensation received for land requisition. 

The compensation and other charges paid to the unit for its land requisitioned is forbidden to be embezzled or misappropriated.

Article 50 Local people's governments at all levels shall support the rural collective economic organizations the land of which is requisitioned and the peasants in their efforts to engage in development or business operation or to start enterprises.

Article 51 The standard of compensation for requisition of land to build large or medium-sized water conservancy or hydroelectric projects and the measures for resettling relocated people shall be prescribed separately by the State Council.

Article 52 During the feasibility study of a construction project natural resources administration department may in accordance with the overall plan for land utilization the annual plan for land utilization and the standard amount of land for the use of construction examine the matters related to land for construction and offer its comments and suggestions.

Article 53 Where a construction unit needs to use State-owned land for construction of its approved projects it shall apply to the natural resources administration department of the people's government at or above the county level that has the approval authority by presenting the relevant documents as required by laws and regulations. The said department shall examine the application before submitting it to the people's government at the corresponding level for approval.

Article 54 A construction unit that wishes to use State-owned land shall get it by such means of compensation as assignment. However land to be used for the following purposes may be allocated with the approval of a people's government at or above the county level:

(1) for State organs and military purposes;

(2) for urban infrastructure projects or public welfare undertakings;

(3) for major energy communications water conservancy and other infrastructure projects supported by the State;

(4) other purposes as provided for by laws or administrative regulations.

Article 55 A construction unit that obtains right to the use of State-owned land by such means of compensation as assignment shall in keeping with the standards and measures prescribed by the State Council pay among other charges compensation for use of land such as charges for the assignment of land-use right before it can use the land.

As of the date of implementation of this Law 30 percent of the compensation paid for the use of additional land for construction shall go to the Central Government and 70 percent to the local people's governments concerned. The specific use management measures shall be formulated by the financial department of the State Council in conjunction with relevant departments and submitted to the State Council for approval.

 Article 56 A construction unit that uses State-owned land shall use the land in agreement with the stipulations of the contract governing compensation for the use of land such as the assignment of the land-use right or the provisions in the documents of approval for allocation of the land-use right. Where it is definitely necessary to change the purposes of construction on this land the matter shall be subject to agreement by the natural resources administration department of the people's government concerned and be submitted for approval to the people's government that originally approved the use of land. Where the land the purposes of use of which need to be changed is located in the area under urban planning the matter shall be subject to agreement by the urban planning administration department concerned before it is submitted for approval.

Article 57 Where land owned by the State or by peasant collectives needs to be used temporarily for construction of projects or for geologic prospecting the matter shall be subject to approval by the natural resources administration departments of people's governments at or above the county level. However if the land to be temporarily used is located in the area covered by urban planning the matter shall be subject to agreement by the urban planning administration department concerned before it is submitted for approval. The land user shall depending on who owns the land and who has the land-use right enter into a contract for the temporary use of the land with the natural resources administration department concerned or the rural collective economic organization or the villagers committee and pay compensation for it in accordance with the provisions of the contract.

The temporary land user shall use the land for purposes stipulated in the contract for temporary use of the land and may not build permanent structures on it.

Generally the period for temporary use of land shall not exceed two years.

Article 58 Under any of the following circumstances the natural resources administration department of the people's government concerned may with the approval of the people's government that has originally approved the use of land or that possesses the approval authority take back the right to the use of the State-owned land:

(1) The use of the land actually needs to be readjusted for renovating the old urban area according to urban planning and for other public interest needs;

(2) At the expiration of the period stipulated in the contract for use of the land by such means of compensation as land assignment the land user has not applied for extending the period or if he has applied for such extension the application is not approved; 

(3) The use of the originally allocated State-owned land is terminated because among other things the unit that uses the land is dissolved or moved away; 

(4) The highways railways airports or ore fields are abandoned with approval.

The user granted with the land-use right shall be compensated appropriately when its right to the use of State-owned land is taken back according to the provisions of sub-paragraphs (1) and (2) in the preceding paragraph.

Article 59 Township and town enterprises public utilities and public welfare undertakings of township (town) and villages villager's residences etc. shall be built in accordance with the planning of the villages and towns and the principles of rational geographical distribution comprehensive development and completeness. Land to be used for such construction shall be in keeping with the overall plan and annual plan for land utilization of the township (town) and shall be subject to examination and approval in accordance with the provisions of Articles 44 60 61 and 62 of this Law.

Article 60 A rural collective economic organization that wishes to use land for construction designated as such in the township (town) overall plan for land utilization to set up enterprises or do so with other units or individuals by way of investing its land-use right as shares or through joint operation shall by presenting the relevant documents of approval submit an application to the natural resources administration department of the local people's government at or above the county level and the matter shall be subject to approval by the local people's government at or above the county level within the limits of approval authority as defined by the province autonomous region or municipality directly under the Central Government. However if land for agriculture is to be used for the purpose the matter shall be subject to examination and approval in accordance with the article 44 of this Law.

Land to be used for setting up enterprises in accordance with the provisions in the preceding paragraph shall be kept under strict control. Provinces autonomous regions and municipalities directly under the Central Government may in light of the different industries pursued by township or town enterprises and their scale of operation establish different standards accordingly.

Article 61 Where land is to be used for the construction of township (town) or village public utilities or public welfare undertakings the matter shall be subject to examination and verification by the township (town) people's government which shall submit an application to the natural resources administration department of the local people's government at or above the county level for approval by the said people's government within the limits of approval authority as defined by the province autonomous region or municipality directly under the Central Government. However if land for agriculture is to be used for the purpose the matter shall be subject to examination and approval in accordance with the provisions of Article 44 of this law.

Article 62 For villagers one household shall have only one house site the area of which may not exceed the standard set by provinces autonomous regions and municipalities directly under the Central Government.

In areas where per capita land is small and one household cannot be guaranteed to own a house site the people's government at the county level can take measures to ensure that rural villagers have a house in accordance with the standards set by provinces autonomous regions and municipalities directly under the Central Government on the basis of fully respecting the wishes of rural villagers.

Villagers shall build residences in keeping with the township (town) overall plan for land utilization and shall be encouraged to use their original house sites or idle lots in the village. In order to improve the living environment and conditions of rural villagers the overall plan for land use and village planning of townships (towns) should be made in an overall and reasonable way.

Land to be used by villagers to build residences shall be subject to examination and verification by the township (town) people's government and approval by the county people's government. However if land for agriculture is to be used for the purpose the matter shall be subject to examination and approval in accordance with the provisions of Article 44 of this Law.

Approval for other house sites shall not be granted to villagers who have sold or leased their houses.

The State allows rural villagers who settle in cities to voluntarily withdraw from their house site with compensation according to law and encourages rural collective economic organizations and their members to revitalize the use of idle home site and idle residences.

The agriculture and rural areas administration department of the State Council is responsible for the reform and management of rural house sites nationwide.

Article 63 For collectively-operated construction land that has been identified as industrial and commercial use in the overall land use planning and urban and rural planning and registered according to law the land owner may hand it over to the unit or individual for use by means of assignment or lease and shall sign a written contract stating the land boundary area construction period use period land use planning conditions and other rights and obligations of both parties.

The transfer or lease of the collective land for commercial construction as mentioned in the preceding paragraph shall be subject to the consent of more than two-thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two-thirds of the villagers' representatives.

Through the transfer and other ways to obtain the right to use collective business construction land can be transferred exchanged contributed as capital donated or mortgaged except as otherwise provided by law administrative regulations or written contract signed by the owner of the land and land use rights holders.

The lease of collective construction land the transfer of the right to use collective construction land and its maximum period its transfer exchange contribution as capital contribution donation mortgage etc. shall be implemented with reference to the State-owned construction land for similar purposes. Specific measures shall be formulated by the State Council.

Article 64 The users of collective construction land shall use the land in strict accordance with the overall land use planning urban and rural planning to determine the use of land.

Article 65 Buildings and structures that have been built before the formulation of the overall land use plan that do not meet the purposes determined in the overall land use plan shall not be reconstructed or expanded.

Article 66 Under any of the following circumstances a rural collective economic organization may with the approval of the people's government that originally approved the use of land take back the land-use right:

(1) The land is needed for constructing township (town) or village public utilities or public welfare undertakings;

(2) The land is used at variance with the approved purposes;

(3) The use of land is terminated because among other things the unit concerned is dissolved or moved away.

The user granted with the land-use right shall be compensated appropriately when the land owned by the peasant collective is taken back according to the provisions of subparagraph (1) of the preceding paragraph of this Article.

The withdrawal of the right to use the collective construction land for business purposes shall be handled in accordance with the written contract signed by both parties unless otherwise stipulated by laws and administrative regulations.

 

Chapter VI Supervision and Inspection

 

Article 67 Natural resources administration department of the people's government at or above the county level shall supervise over and inspect violations of the laws and regulations governing land administration.

Where the agricultural and rural areas administration departments of the people's governments at or above the county level supervise and inspect the acts violating the laws and regulations on the management of rural house sites the provisions of this Law on the supervision and inspection of the natural resources administration department shall apply.

Supervisors and inspectors for land administration shall be familiar with the land administration laws and regulations be loyal to their duties and enforce the law impartially.

Article 68 In performing their duties of supervision and inspection members of the natural resources administration departments of the people's governments at or above the county level shall have the right to take the following measures:

(1) to require the unit or individual under inspection to provide documents and materials related to land ownership and land-use right in order to examine them or have them duplicated;

(2) to require the unit or individual under inspection to make explanations on questions concerning land ownership and land-use right:

(3) to enter the very plot of land illegally used by the unit or individual under inspection to conduct survey; and

(4) to order the unit or individual that illegally uses land to stop violation the laws and regulation governing land administration.

Article 69 Where supervisors and inspectors for land administration in order to perform their duties need to enter the very plot of land to conduct survey to require the unit or individual concerned to provide documents and materials or to make explanations they shall produce their papers for supervision over and inspection of land administration.

Article 70 The units and individuals concerned shall assist in cooperate with and provide convenience to the work of the natural resources administration departments of the people's governments at or above the county level when the latter conduct supervision over and inspection of violations of the laws and regulations governing land administration; they may not refuse to accept or obstruct supervision over and inspection of land administration when the supervisors and inspectors perform their duties in accordance with law.

Article 71 Where in the course of supervision and inspection natural resources administration departments of the people's government at or above the county level find any violations by State personnel and believe that administrative sanctions need be given to such personnel they shall deal with such violations in accordance with law; if they have no right to do so they shall transfer the cases to the supervision departments in accordance with law or departments concerned shall deal with the violations.

Article 72 Where natural resources administration departments of the people's governments at or above the county level in the course of supervision and inspection find that violations of the laws and regulations governing land administration constitute crimes they shall transfer the cases to the departments concerned which shall conduct investigation for criminal responsibility in accordance with law; if the violations are not serious enough to constitute crimes the said departments shall impose administrative penalties in accordance with law.

Article 73 Where a natural resources administration department fails to impose administrative penalties on violators as is required by the provisions of this Law the natural resources administration department of the people's government at a higher level shall have the right to order the former to decide on imposition of administrative penalties or directly impose the penalties itself and give administrative sanctions to the persons in charge of the former.

 

Chapter VII Legal Responsibility

 

Article 74 If units or individuals illegally transfer land through buying selling or other means their unlawful gains shall be confiscated by the natural resources administration departments of the people's governments at or above the county level. If units or individuals in violation of the overall plan for land utilization convert land for agriculture to land for construction they shall demolish within a time limit the structures and other installations built on the illegally transferred land and put the land back to its original condition; if the conversion happens to conform to the overall plan for land utilization the structures and other installations built on the land shall be confiscated; and the units or individuals may also be fined; the persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with law. If the violations constitute crimes criminal responsibility shall be investigated in accordance with law.

Article 75 Units or individuals that in violation of the provisions of this Law build kilns or graves on cultivated land or without authorization build houses dig sand quarry mine or collect earth on or from the cultivated land thus severely damaging the conditions for crop cultivation or develop land thus causing desertification or salinization shall be ordered by the natural resources administration departments of the people's governments at or above the county level to set it right or bring desertification or salinization under control within a time limit and may also be fined. If the violations constitute crimes criminal responsibility shall be investigated in accordance with law.

Article 76 Units or individuals that in violation of the provisions of this Law refuse to fulfill their obligation of land recultivation shall be ordered by the natural resources administration departments of the people's governments at or above the county level to do it within a time limit. If they fail to do so they shall be ordered to pay charges for recultivation which shall exclusively be used for the purpose and they may be fined.

Article 77 Units or individuals that illegally occupy and use land without approval or with approval obtained by fraudulent means shall be ordered by the natural resources administration departments of the people's governments at or above the county level to return such land; the ones that in violation of the overall plan for land utilization convert the land for agriculture to land for construction shall be ordered to demolish the structures and other installations built on the illegally occupied land within a time limit and put the land back to its original condition; with regard to the ones that convert land for agriculture to land for construction which happens to conform to the overall plan for land utilization the structures and installations built on such land shall be confiscated and they may also be fined; and the persons directly in charge of the said units and other persons directly responsible for the violations shall be given administrative sanctions in accordance with law; if the violations constitute crimes criminal responsibility shall be investigated in accordance with law.

Where the land used exceeds the amount approved the excessive portion shall be treated as land illegally used.

Article 78 Villagers who illegally occupy and use land to build residences thereon without approval or with approval obtained by fraudulent means shall be ordered by the natural resources administration departments of the people's governments at or above the county level to return such land and demolish within a time limit the houses built on the land.

Where the land used exceeds the limits fixed by provinces autonomous regions and municipalities directly under the Central Government shall be treated as land illegally used.

Article 79 Where units or individuals that have no authority to approve requisition or use of land unlawfully approve the use of land or they do so by overstepping their authority of approval or they approve the use of land at variance with the purposes defined in the overall plan for land utilization or they approve the requisition or use of land in violation of the procedure prescribed by law the documents of such approval shall be void and the persons directly in charge of and other persons directly responsible for illegally approving such requisition and use of land shall be given administrative sanctions in accordance with law. If the violations constitute crimes criminal responsibility shall be investigated in accordance with law. The land illegally approved or used shall be withdrawn. If the parties concerned refuse to return the land they shall be punished as illegal occupation of the land.

Units or individuals that cause losses to the parties by illegally approving requisition or use of land shall bear the liability to pay compensation in accordance with law.

Article 80 Whoever embezzles or misappropriates the compensation or other relevant charges paid to a unit whose land is requisitioned if the violation constitutes a crime shall be investigated for criminal responsibility in accordance with law; if the violation is not serious enough to constitute a crime he shall be given administrative sanctions in accordance with law.

Article 81 If the parties that have the right to the use of State-owned land refuse to surrender the land when it is to be taken back in accordance with law or refuse to return the land at the expiration of the period for its temporary use or fail to use the land in keeping with the purposes approved the natural resources administration departments of the people's governments at or above the county level shall order them to return the land and impose a fine on them.

Article 82 Where units or individuals assign transfer or lease without authorization the right to the use of land owned by peasant collectives for construction of non-agricultural projects the natural resources administration departments of the people's governments at or above the county level shall order them to set it right within a time limit confiscate their illegal gains and impose a fine on them.

Article 83 Construction units or individuals that are ordered in accordance with the provisions of this Law to demolish the structures or other installations built on illegally used land within a time limit shall stop construction immediately and do the demolishing themselves. With regard to the ones that continue to construct the organ that decides to impose the penalty on them shall have the right to stop them. Where construction units or individuals refuse to accept the administrative penalty decision of demolishing the structures or other installations within a time limit they may file a suit in a People's Court within 15 days from the date of receiving the decision. If they neither file a suit nor do the demolishing at the expiration of the time limit the organ that makes the penalty decision shall in accordance with law apply to the People's Court for compulsory enforcement and the expenses entailed shall be borne by the violators.

Article 84 Members of natural resources administration departments who neglect their duty abuse their power or conduct malpractice for personal gain if the violations constitute crimes shall be investigated for criminal responsibility in accordance with law; if the violations are not serious enough to constitute crimes they shall be given administrative sanctions in accordance with law.

 

Chapter VIII Supplementary Provisions

 

Article 85 This Law shall be applicable to land used by foreign-capital enterprises. Where laws provide otherwise the provisions in such laws shall prevail.

Article 86 In accordance with the provisions of Article 18 of this Law before the preparation of land spatial planning the overall land use plan and urban and rural planning approved by law continue to be implemented.

Article 87 This Law shall come into force on January 1 1999.

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