(Adopted at the 16th Meeting of the Standing Committee of the Sixth National People's Congress on June 25, 1986, amended in pursuance of the(Decision on the Amendment of the Land Administration Law of the People's Republic of China) made at the 5th Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988 and revised at the 4th Meeting of the Standing Committee of the Ninth National People's Congress on August 29, 1998.)
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution with a view to strengthening land administration, safeguarding the socialist public ownership of land, protecting and developing land resources, rationally utilizing the land, earnestly protecting the cultivated land and promoting sustainable socio-economic development.
Article 2 The People's Republic of China practises the socialist public ownership of land, namely ownership by the whole people and collective ownership by the laboring masses.
Ownership by the whole people namely the ownership of state-owned land shall be exercised by the State Council on behalf of the state.
No unit or individual shall infringe on and occupy, buy and sell or illegally transfer land in other forms. Land use right may be transferred in accordance with law.
The state may, one of necessity of public interest, requisition land collectively owned in accordance with law.
The state practises the system of paid-for use for state-owned land in accordance with law. However, appropriation of state-owned land use right by the state within the scope prescribed by law is excluded.
Article 3 Most sparing and rational land utilization and earnest protection of cultivated land constitute China's basic state policy. People's governments at all levels should take measures in overall planning, strict administration, protection and development of land resources and curbing illegal acts of occupation of land.
Article 4 The state practises the system of land use control.
The state compiles overall planning for land utilization, provides for land uses and classifies land as farm land, land for construction and un-utilized land. Strict restriction shall be imposed on turning farm land into land for construction, quantum of land for construction shall be controlled and special protection provided for cultivated land.
Farm land referred to in the preceding paragraph means land used directly for agricultural production including cultivated land, forest land, grassland, land for farmland water conservancy and water surface for cultivation and breeding; land for construction means land for building constructions and structures including land for urban and rural residences and public facilities, land for industries and mines, land for communications and water conservancy works, land for tourism and land for military installations; un-utilized land means land other than farm land and land for construction.
Any unit or individual that uses land must use the land in strict accordance with the uses determined by the overall planning for land utilization.
Article 5 The competent department of land administration under the State Council shall be uniformly responsible for the work of land administration and supervision nationwide.
The establishment of competent departments of land administration of local people's governments at or above the county level and their responsibilities shall be determined by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government pursuant to the relevant provisions of the State Council.
Article 6 Any unit or individual has the obligation to abide by the laws and regulations on land administration and has the right to report on or file a charge against any act violating the laws and regulations on land administration.
Article 7 Units and individuals that have made remarkable achievements in the protection and development of land resources, rational utilization of land and conduct of related scientific research shall be rewarded by the people's government.
Chapter II Land Ownership and Use Right
Article 8 Land in urban areas of cities belongs to the state.
Land in rural areas and suburban areas of cities excluding those belonging to the state prescribed by law belongs to peasants' collective ownership; house sites, land allotted for personal needs and hilly land allotted for private use belongs to peasants' collective ownership.
Article 9 State-owned land and land collectively owned by peasants may be determined in accordance with law to be used by units or individuals. Units and individuals using the land have the obligation to protect, manage and rationally utilize the land.
Article 10 Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to village(township) peasants' collective ownership shall be managed and administered by the village(township) rural collective economic organization.
Article 11 People's governments at the county level shall enter into registration in a register, issue certificates in confirmation of the ownership for the land collectively owned by peasants.
People's governments at the county level shall enter into registration in a register, issue certificates in confirmation of the land use right for construction for land collectively owned by peasants to be used for non-agricultural construction in accordance with law. People's governments at or above the county level shall enter into registration in a register and issue certificates in confirmation of the right to use for state-owned land used by units and individuals in accordance with law; among which the specific registration and certificate-issuing organ for state-owned land used by the Party and state organs shall be determined by the State Council. Confirmation of ownership or the right to use of forest land and grassland, confirmation of the right to use for cultivation and breeding of water surface and beaches and shoals shall be handled pursuant to the relevant provisions of the ((Forest Law of the People's Republic of China)),the ((Grassland Law of the People's Republic of China)) and the ((Fishery
Law of the People's Republic of China)).
Article 12 Whoever changes land ownership and use in accordance with law should go through formalities of change in registration of land.
Article 13 The land the ownership and the right to use of which have been registered in accordance with law is protected by law, upon which no unit and individual shall infringe.
Article 14 Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law.
Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual contractors, it must have the consent of over two thirds of the members of the villagers' conference or over two thirds of the villagers' representatives, and be submitted to the competent department of agriculture administration of village(township) people's government and people's government at the county level for approval.
Article 15 State-owned land may be contracted for management by units or individuals for cultivation, forestry, animal husbandry and fishery production. Land collectively owned by peasants may be contracted and managed by units or individuals other than those in the collective economic organization for cultivation, forestry, animal husbandry and fishery production. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. The duration of land contracting and management shall be agreed on in the contract. The units and individuals that contract the land for management have the obligation to protect and rationally utilize the land pursuant to the use agreed on in the contract.
For land collectively owned by peasants contracted out for management by units or individuals other than those in the respective collective economic organization, it must have the consent of over two thirds of the members of the peasants' conference or over two thirds of the villagers' representatives and be submitted to the village(township) people's government for approval.
Article 16 Disputes over land ownership and the right to use shall be resolved by the parties interested through consultation; it shall be handled by the people's government in the event of failure of consultation.
Disputes between units shall be handled by people's governments at or above the county level; disputes between individuals and those between an individual and a unit shall be handled by the village-level people's governments or people's governments at or above the county level.
The party interested that refuses to obey the decision on the handling by the people's government concerned may, within 30 days starting from the date of receipt of the notice on the decision on handling, file a suit at a people's court.
Neither party shall alter the status of land utilization prior to the resolution of the dispute over the land ownership and the right to use.
Chapter III Overall Planning for Land Utilization
Article 17 People's governments at all levels should, pursuant to the planning for national socio-economic development, requirements of territorial treatment and resources and environment protection, land supply ability as well as the demand for land for various construction, organize the compilation of overall planning for land utilization.
The duration of planning for overall planning for land utilization shall be determined by the State Council.
Article 18 The overall planning for land utilization at the lower level shall be compiled pursuant to the overall planning for land utilization at the next higher level.
The quantum of land for construction in the overall planning for land utilization compiled by local people's governments at all levels shall not exceed the control targets determined in the overall planning for land utilization at the next higher level, and the quantum of preserved cultivated land shall not be lower than the control targets determined by the overall planning for land utilization at the next higher level.
The overall planning for land utilization compiled by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government should ensure that there is no reduction in the quantum of cultivated land within their respective administrative areas.
Article 19 The overall planning for land utilization shall be compiled in accordance with the following principles:
(1) strict protection of basic farmland, control of occupation of farmland for non-agricultural construction;
(2) improvement of land use rate;
(3) overall arrangement for land for various purposes and various areas;
(4) protection and improvement of the ecological environment, and guarantee of sustainable land use; and
(5) balance between occupation of cultivated land and development and reclamation of cultivated land.
Article 20 The overall planning for land utilization at the county level should delimit land use zones and define land uses.
Village(township) overall planning for land utilization should delimit land use zones, determine the use of every plot of land on the basis of the conditions for land use and an announcement to the effect shall be made.
Article 21 Overall planning for land utilization shall be examined and approved by different levels.
The overall planning for land utilization of the provinces, autonomous regions and municipalities directly under the Central Government shall be submitted to the State Council for approval.
The overall planning for land utilization of municipalities wherein the people's governments of the provinces and autonomous regions are located and municipalities of a population of over one million as the municipalities designated by the State Council shall, upon the examination and consent of the people's governments of the provinces and autonomous regions, be submitted to the State Council for approval.
The overall planning for land utilization other than those prescribed in the Second Paragraph and Third Paragraph of this Article shall be submitted level by level to the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval; among which the village(township) overall planning for land utilization may be approved by the people's governments of municipalities and autonomous prefectures with subordinate districts with authorization by the people's governments at the provincial level.
The overall planning for land utilization once approved must be strictly implemented.
Article 22 The scale of land used for urban construction should meet the standards set by the state, full use of the existing land for construction should be made, and no farmland or as less as possible farmland should be occupied.
Urban overall planning, village and township planning should be coupled with overall planning for land utilization, the scale of land used for construction in urban overall planning, village and township planning must not exceed the scale of land used for urban, village and township construction determined in the overall planning for land utilization.
Within urban planning zones, village and township planning zones, land used for urban, village and township construction should accord with urban planning and village and township planning.
Article 23 Planning for integrated harnessing, development and exploitation of rivers and lakes should be coupled with overall planning for land utilization. Within the range of administration and protection of rivers, lakes and reservoirs as well as within flood storage areas and flood detention areas, land utilization should accord with the planning for integrated harnessing, development and exploitation of rivers and lakes, accord with the requirements for flood passage, flood storage and discharge of water in river courses and lakes.
Article 24 People's governments at all levels should strengthen administration of land utilization plan and practise quantum control of land used for construction.
Annual land use plan shall be compiled pursuant to the national socio-economic development plan, state industrial policies, overall planning for land utilization as well as the actual conditions of land used for construction and land utilization. The annual land use plan, the procedures for the compilation, examination and approval of which are identical to those for the compilation, examination and approval of the overall planning for land utilization, once examined, approved and transmitted to the lower levels, must be strictly adhered to.
Article 25 People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should list the state of implementation of the annual land use plan as content of the state of implementation of the national socio-economic development plan and report to the people's congresses at the corresponding level.
Article 26 Revision of the approved overall planning for land utilization must be submitted to the original approval organ for approval; no alteration shall be made in land uses determined in the overall planning for land utilization without approval.
In case of necessity of alteration in overall planning for land utilization for land for construction of big-size energy, transport and water conservancy infrastructure approved by the State Council, revision of the overall planning for land utilization shall be made pursuant to the approval document of the State Council.
In case of necessity of alteration in overall planning for land utilization for land for construction of energy, transport and water conservancy infrastructure approved by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, where it falls within the authority of approval for the overall planning for land utilization of people's governments at the provincial level, revision of the overall planning for land utilization shall be made pursuant to the approval document of the people's governments at the provincial level.
Article 27 The state establishes the land survey system.
The competent departments of land administration of people's governments at and above the county level shall, in conjunction with the departments concerned at the corresponding level, conduct land survey. Land owners or users should cooperate in the survey and provide relevant materials.
Article 28 The competent departments of land administration of people's governments at and above the county level shall, in conjunction with the departments concerned at the corresponding level and in pursuance of land survey results, planned land uses and uniform standards set by the state, evaluate the grades of land.
Article 29 The state establishes land statistics system.
The competent departments of land administration of people's governments at and above the county level and the statistics departments at the corresponding level jointly formulate statistical survey schemes, carry our land statistics in accordance with law and publish land statistical information at regular intervals. Land owners or users should provide relevant information and must not make false reports, concealments, refuse to report and delay in report.
The competent departments' of land administration and statistics departments' jointly published land area statistical information constitute the basis of people's governments at all levels for the compilation of overall planning for land utilization.
Article 30 The state establishes the national land administration information system for dynamic monitoring of the state of land utilization.
Chapter IV Cultivated Land Protection
Article 31 The state protects cultivated land and strictly controls turning cultivated land into non-cultivated land.
The state practises the system of compensation for the occupation and use of land. For the occupation and use of cultivated land for non-agricultural construction with approval, the unit that occupies and uses cultivated land shall be responsible for the reclamation of cultivated land equivalent to the quantity and quality of cultivated land occupied and used in accordance with the principle of "quantity of reclaimed land being equivalent to that occupied"; where there are no conditions for reclamation or the reclaimed land does not conform to requirements, cultivated land reclamation fee should be paid as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated land.
People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should work out cultivated land reclamation plan, supervise units that occupy and use cultivated land in the reclamation of cultivated land in accordance with the plan or in the organization of reclamation of cultivated land in accordance with the plan and carry out acceptance checks.
Article 32 Local people's governments at and above the county level may demand the units that occupy and use cultivated land to use the soil of the cultivated layer of cultivated land for soil improvement of newly reclaimed cultivated land, inferior quality land or other cultivated land.
Article 33 People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should strictly implement the overall planning for land utilization and annual land use plan and take measures to ensure that there is no decrease in the quantum of cultivated land within their respective administrative areas; where there is decrease in the quantum of cultivated land, the locality shall be ordered by the State Council to organize reclamation of cultivated land the quantity and quality of which is equivalent to those reduced within the specified time period, and the competent department of land administration under the State Council shall in conjunction with the competent department of agriculture administration conduct acceptance checks. Individual province or municipality directly under the Central Government whose quantum of newly reclaimed cultivated land is not adequate to compensate the quantum of cultivated land occupied and used after land used for newly added construction for paucity of reserve land resources, a report must be submitted to the State Council for approval for the reduction and exemption of the quantity of reclamation of cultivated land within the respective administrative area and reclamation be carried out in another place.
Article 34 The state practises the system of protection for basic farmland. The following cultivated land shall be included in the basic farmland protection zones in accordance with the overall planning for land utilization and strict administration exercised:
(1) cultivated land within production bases for food grains, cotton and oils determined upon approval by the competent departments concerned under the State Council or local people's governments at and above the county level;
(2) cultivated land with good water conservancy and water and soil conservation works, medium and low yield farmland the transformation plan of which is being carried out as well as those that may be transformed;
(3) production bases for vegetables;
(4) experimental plots for agricultural scientific research and teaching; and
(5) other cultivated land that should be included in basic farmland protection zones as prescribed by the State Council.
The basic farmland delimited by the provinces, autonomous regions and municipalities directly under the Central Government should account for over eighty percent of the cultivated land within the respective administrative areas.
A basic farmland protection zone shall be delimited and demarcated with a village(township) as a unit, the delimitation of a zone and demarcation of the boundary shall be organized and carried out by the competent department of people's government at the county level in conjunction with the competent department of agriculture administration at the same level.
Article 35 People's governments at all levels should take measures to maintain irrigation and drainage works, improve soil and soil fertility, prevent land desertification, salinization, water and soil erosion and land pollution.
Article 36 Economy in land use must be practised for non-agricultural construction, no cultivated land shall be occupied and used where barren land can be used; no good land shall be occupied and used where inferior land can be used.
Occupation and use of cultivated land for setting up kilns, building tombs or building of houses, sand digging, quarrying, mining and earth gathering on cultivated land without authorization shall be prohibited.
Occupation and use of basic farmland for the development of forestry and fruit industry and digging of ponds for fish breeding shall be prohibited.
Article 37 All units and individuals shall be prohibited to let cultivated land lie idle or make it barren. The cultivated land occupied and used for non-agricultural construction the formalities of examination and approval of which have been completed which has been left unused within a year but may be cultivated and harvested should be recultivated by the collective or individuals that previously cultivated the said plot of cultivated land, and cultivation may be organized by the land use unit; where construction has not been started for over a year, idle fee should be paid in accordance with the provisions of the provinces, autonomous regions and municipalities directly under the Central Government; where the land has not been used for two consecutive years, the people's government at the county level shall, subject to the approval of the original approval organ, withdraws the land use right of the land use unit without compensation; the said plot of land previously collectively owned by peasants should be handed back to the original rural collective economic organization for resumption of cultivation.
Idle land the land use right of which has been obtained in the form of transfer for real estate development within the range of an urban planning zone shall be handled in pursuance of the relevant provisions of the ((Urban Real Estate Administration Law of the People's Republic of China)).
For a unit or an individual contracting the management of cultivated land that let the land uncultivated and lie barren, the original contract issuing unit should terminate the contract and withdraw the cultivated land contracted.
Article 38 The state encourages units and individuals in the development of unexploited land in accordance with the overall planning for land utilization and under the prerequisite of protection and improvement of the ecological environment, prevention of water and soil erosion and land desertification; the land suitable to be developed into agricultural land should be developed into agricultural land on a priority basis.
The state protects the legitimate rights and interests of developers in accordance with law.
Article 39 Reclamation of unexploited land must undergo scientific authentication and evaluation and it must be carried out within the reclaimable areas delimited in the overall planning for land utilization upon approval in accordance with law. Reclamation of cultivated land through destruction of forests and prairie shall be prohibited, reclaiming farmland from lakes and infringement on shoals of rivers shall be prohibited.
The land reclaimed and land reclaimed from lakes with the destruction of the ecological environment shall, in accordance with the overall planning for land utilization, be returned to forests, grazing and lakes in a planned way and step by step.
Article 40 Development of state-owned barren hills, barren land and barren shoals the right to use of which is undetermined for cultivation, forestry, animal husbandry and fishery production may, subject to approval by people's government at or above the county level, be determined and given to development units or individuals for long-term use.
Article 41 The state encourages land arrangement. County, village(township) people's governments should organize rural collective economic organizations in integrated treatment of farmland, water, roads, woods and villages in accordance with the overall planning for land utilization to improve the quality of cultivated land, increase the area of effective cultivated land and improve conditions for agricultural production and the ecological environment.
Local people's governments at all levels should take measures to transform the medium and low yield plots, treat idle and scattered plots and abandoned plots.
Article 42 For destruction of land caused by damage due to digging, caving in and pressurized occupation, the land use unit and individual should, in accordance with relevant state provisions, be responsible for the reclamation; where there are no conditions for reclamation or reclamation does not conform to requirements, land reclamation fee should be paid to be used specifically for land reclamation. The reclaimed land should be used for agriculture on a priority basis.
Chapter V Land for Construction
Article 43 Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law; however, use of land collectively owned by peasants by the respective collective economic organization approved in accordance with law for the establishment of rural and township enterprises and construction of residences by villagers, or use of land collectively owned by peasants approved in accordance with law for the construction of village(township)public facilities and non-profit undertakings is excluded.
Application for the use of state-owned land in accordance with law referred to in the preceding paragraph includes the state-owned land and the land that originally belonged to collective ownership by peasants and has been requisitioned by the state.
Article 44 For occupation and use of land for construction involving turning agricultural land into land for construction, formalities of examination and approval for turning agricultural land into other uses should be completed.
Occupation and use of land involving turning agricultural land into land for construction for construction projects of roads, pipelines, cables and big-size infrastructure approved by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and construction projects approved by the State Council shall be subject to the approval of the State Council.
Turning agricultural land into land for construction for the implementation of the said planning within the scale of land for construction for municipalities and villages and townships determined by the overall planning for land utilization shall be subject to the approval of the organ that originally approved the overall planning for land utilization in batches in accordance with the annual land use plan. Within the scope of agricultural land turning into other uses already approved, land for specific construction projects can be approved by municipal and county people's governments.
Occupation and use of land involving turning agricultural land into land for construction for construction projects other than those prescribed in the Second Paragraph and Third Paragraph of this Article shall be subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 45 Requisition of the following land shall be subject to the approval of the State Council:
(1) basic farmland;
(2) cultivated land other than the basic farmland exceeding 35 hectares; and
(3) other land exceeding 70 hectares.
Requisition of land other than those prescribed in the preceding paragraph shall be subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the State Council for the record.
For the requisition of agricultural land, formalities of examination and approval for turning agricultural land into other uses should be completed beforehand in accordance with the provisions of Article 44 of this Law. Among which, for agricultural land turned into other use approved by the State Council, formalities for examination and approval for land requisition shall be processed simultaneously, and no separate formalities of examination and approval shall be gone through; for agricultural land turned into other uses approved by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government within the limits of authority for the approval of land requisition, formalities for examination and approval of land requisition shall be processed simultaneously, and no separate formalities of examination and approval for land requisition shall be gone through, where it is beyond the limits of authority for the approval of land requisition, separate formalities of examination and approval of land requisition should be completed pursuant to the provisions of the First Paragraph of this Article.
Article 46 For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and and organize its implementation. Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent departments of the local people's governments to enter into registration for compensation for land requisition.
Article 47 For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land.
Compensation fee for the cultivated land requisitioned include land compensation fee, subsidy for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be six to ten times of the average annual output value in the three years prior to requisition. Subsidy for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average per capita occupancy of cultivated land of the unit requisitioned. The rate of subsidy for resettlement per head of the agricultural population that requires resettlement shall be four to six times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidy for resettlement for cultivated land requisitioned per hectare shall not exceed fifteen times of the average annual output value in the three years prior to the requisition.
The rate of land compensation fee and subsidy for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidy for resettlement for the requisition of cultivated land as reference.
Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government.
For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuant to relevant state provisions, pay to the new vegetable plot development and construction fund.
Additional subsidy for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and subsidy for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidy for resettlement shall not exceed thirty times of the average annual output value in the three years prior to requisition of the land.
The State Council may, in accordance with the level of socio-economic level, increase the rate of land compensation fee and subsidy for resettlement under extraordinary circumstances.
Article 48 Upon determination of the scheme for compensation and resettlement for land requisition, the local people's government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land.
Article 49 The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision.
It is forbidden to embezzle or divert the land compensation fees and other related expenses.
Article 50 Local people's governments at all levels should provide support for rural collective economic organizations and peasants of the requisitioned land for development and management and establishment of enterprises.
Article 51 Rate of compensation for land requisitioned for construction of big- and medium-size water conservancy works and hydropower projects shall be fixed and measures for emigrant resettlement formulated separately by the State Council.
Article 52 The competent department of land administration may, during the feasibility study and authentication of a construction project, examine the matters related to the land for construction and put forth suggestions in accordance with the overall planning for land utilization, the annual land use plan and standards for land for construction.
Article 53 For an approved construction project that needs to use state-owned land for construction, the construction unit should bring the relevant documents prescribed by laws and regulations and file an application at the competent department of land administration of the people's government at or above the county level that has the authority of approval which shall be submitted to the people's government at the corresponding level for approval upon examination by the competent department of land administration.
Article 54 Use of state-owned land for a construction project should be obtained in the form of paid-for use such as transfer; however, the following use of land for construction may be obtained in the form of appropriation subject to the approval of the people's government at or above the county level in accordance with law:
(1) land use by state organs and land use for military purposes;
(2) land use for urban infrastructure and land use for non-profit undertakings;
(3) land use for such infrastructure as energy, communications and water conservancy to which the state renders key support; and
(4) other land uses prescribed by laws and administrative regulations.
Article 55 A construction unit with the obtainment of land use right of state-owned land in the form of paid-for use such as transfer may use the land only upon the payment of fee for paid-for land use and other fees such as land use right transfer fund in accordance with the standards and measures prescribed by the State Council.
As of the date of coming into effect of this Law, of the paid-for land use fee of newly-added land for construction, 30% shall be handed over to the central finance and 70% shall be retained by the local people's government concerned, and both shall be used specifically for the development of cultivated land.
Article 56 A construction unit that uses state-owned land should use the land in accordance with the agreement in the contract for paid-for use for the transfer of land use right or the provisions of the approval document on the appropriation of land use right; where change in the use for construction of the said plot of land is necessitated, it should be subjected to the consent of the competent department of the people's government concerned and submitted to the people's government that originally approved the land use for approval. Among them, for change in the use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval.
Article 57 Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants, it shall be subject to the approval of the competent department of land administration of the people's government at or above the county level. Among which, for temporary use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land.
User of temporary use of the land should use the land according to the use agreed on in the contract for the temporary use of the land and shall not construct permanent constructions thereon. The duration of temporary use of land shall generally not exceed two years.
Article 58 The right to use of state-owned land may, subject to the approval of the people's government that originally approved the use of land or the people's government with authority of approval upon submission by the competent department of land administration of the people's government concerned, be withdrawn for any of the following circumstances:
(1) land use required for public interest;
(2) adjustment in land use necessitated by reconstruction of old urban districts in implementing urban planning;
(3) failure of the land user to apply for extension or failure of obtaining approval for the application for extension on expiry of the duration of use agreed on in the contract for paid-for use in land transfer;
(4) stoppage of the use of state-owned land previously appropriated as a result of disbandment or moving of the unit; and
(5) highways, railways, airports and mines phased out upon verification and approval.
For withdrawal of the right to use of state-owned land pursuant to the First Section and Second Section of the preceding paragraph, appropriate compensation should be given to the land use right holder.
Article 59 Rural(township) construction such as rural and township enterprises, rural(township) public facilities, non-profit undertakings, and villagers' residences should, in accordance with village and township planning, have a rational layout, integrated development and matching construction; land for construction should conform to the rural(township)overall planning for land utilization and annual land use plan and formalities of examination and approval should be completed pursuant to the provisions of Articles 44, 60, 61, and 62 of this Law.
Article 60 For the establishment of an enterprise using the land for construction determined by the overall planning for rural(township) land utilization by a rural collective economic organization or joint establishment of an enterprise with other units and individuals in the form of equity participation of land use right and joint operations, an application should be filed at the competent department of land administration of the local people's government at or above the county level with the approval document which shall be subject to the approval of local people's government at or above the county level pursuant to the limits of authority of approval prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; among them, for cases involving occupation and use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law.
Land for construction for the establishment of enterprises pursuant to the provisions of the preceding paragraph must be strictly controlled. The provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the different trades and management scale of rural and township enterprises, provide respectively for the standards for land use.
Article 61 For land use required for the construction of rural(township)public facilities and non-profit undertakings, an application shall be filed at the competent department of land administration of the people's government at or above the county level upon examination and verification by the village(township) people's government and subject to the approval of the local people's government at or above the county level pursuant to the limits of authority of approval prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; among them, for cases involving use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law.
Article 62 One household of villagers in a rural area can only possess one house site the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.
Construction of villagers' residences in the rural areas should conform to the overall planning for rural(township) land utilization, and the best possible use of original house sites and idle land in the villages should be made.
Land use for villagers' residences in the rural areas shall be subject to the approval of the people's government at the county level upon examination and verification by the village(township) people's government; among them, for cases involving occupation and use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law.
Reapplication for a house site by a villager in a rural area who has sold or rented out his/her house shall not be approved.
Article 63 The right to use of land collectively owned by peasants shall not be transferred, retransferred or rented out for non-agricultural construction; however, enterprises that obtained land for construction in accordance with law and conforming to the overall planning for land utilization where occurrences of transfer of land use right have been brought about by such circumstances as bankruptcy and merger are excluded.
Article 64 Constructions and structures completed prior to the formulation of the overall planning for land utilization that fail to conform to the uses determined by the overall planning for land utilization shall not be reconstructed and expanded.
Article 65 A rural collective economic organization may, subject to the approval of the people's government that previously approved the land use, withdraw the land use right for any of the following circumstances:
(1) land use required for the construction of rural(township) public facilities and non-profit undertakings;
(2) use of land not in accordance with the use approved; and
(3) stoppage of the use of the land due to reasons such as disbandment and moving.
For withdrawal of land collectively owned by peasants pursuant to the provisions of the First Section of the preceding paragraph, appropriate compensation shall be given to the land use right holder.
Chapter VI Supervision and Inspection
Article 66 Competent departments of land administration of people's governments at and above the county level shall conduct supervision and inspection over acts in violation of the laws and regulations on land administration.
Functionaries of supervision and inspection of land administration should be conversant with land administration laws and regulation, faithful in the discharge of duties and impartial in law enforcement.
Article 67 Competent departments of land administration of people's governments at and above the county level have, in fulfilling their duties and responsibilities of supervision and inspection, the power to take the following measures:
(1) to demand the unit or individual under inspection to provide documents and materials concerning land right for reading or copying;
(2) to demand the unit or individual under inspection to make explanations concerning questions relating to land right;
(3) to enter the site illegally occupied and used by the unit or individual under inspection for a survey; and
(4) to order the unit or individual illegally occupying and using the land to stop acts in violation of land administration laws and regulations.
Article 68 Functionaries of land administration supervision and inspection should, in fulfilling duties and responsibilities, deem it necessary to enter a site for survey, demand the unit or individual concerned to provide documents and materials and make explanations, produce identification papers for land administration supervision and inspection.
Article 69 Units and individuals concerned should support, cooperate with and facilitate the supervision and inspection conducted by competent departments of land administration of the people's governments at or above the county level on illegal acts related to land and must not refuse and obstruct functionaries of land administration supervision and inspection in the discharge of duties according to law.
Article 70 Competent departments of land administration of the people's governments at and above the county level should, upon uncovering of illegal acts by state functionaries in the work of supervision and inspection who should be imposed administrative sanctions, handle the case(s) according to law; when the department has no power to handle the case(s), a proposal for administrative sanctions shall be submitted to the administrative supervisory organ of the people's government at the corresponding level or at the next higher level, and the administrative supervisory organ concerned should handle the case(s) according to law.
Article 71 Competent departments of land administration of people's governments at and above the county level should, on uncovering of illegal acts related to land that constitute a crime in the work of supervision and inspection, transfer the case(s) to the organ concerned for investigation of criminal liability according to law; where a crime has not been constituted, administrative penalty should be imposed according to law.
Article 72 Where an administrative penalty should be imposed pursuant to the provisions of this Law and the competent department of land administration has failed to impose the administrative penalty, the competent department of land administration of the people's government at the next higher level has the power to order the competent department of land administration to take a decision on the administrative penalty or directly impose the administrative penalty, and impose administrative sanctions on the person in charge of the competent department of land administration concerned.
Chapter VII Legal Liability
Article 73 Whoever illegally transfers land by buying and selling or in other forms shall be confiscated of the illegal gains by the competent department of land administration of the people's government at or above the county level; whoever turns agricultural land into land for construction without authorization in violation of the overall planning for land utilization shall be given a specified time period to dismantle the newly-built constructions and other facilities on the illegally transferred land and restore the original state of the land, where it conforms to the overall planning for land utilization, the newly-built constructions and other facilities on the illegally transferred land shall be confiscated; and may concurrently be imposed a fine; the person-in-charge directly responsible and other personnel directly responsible shall be imposed administrative sanctions according to law; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 74 Whoever occupies and uses cultivated land for building kiln(s) and tomb(s) or building house(s), digging sand, quarrying, mining and gathering earth on cultivated land without authorization, destroying conditions for cultivation or resulting in desertification and salinization of the land due to land development in violation of the provisions of this Law, shall be ordered by the competent department of the people's government at or above the county level to make a rectification or effect treatment within the specified time period, and may concurrently be imposed a fine; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 75 Whoever refuses to fulfil the obligation of land reclamation in violation of the provisions of this Law shall be ordered by the competent department of land administration of the people's government at or above the county level to make a rectification within the specified time period; whoever fails to make a rectification on expiry of the specified time period shall be ordered to pay the reclamation fee to be used specifically for land reclamation, and may be imposed a fine.
Article 76 Whoever illegally occupies and uses land without approval or obtains approval by deceitful means shall be ordered by the competent department of land administration of the people's government at or above the county level to return the illegally occupied and used land, whoever turns agricultural land into land for construction without authorization in violation of the overall planning for land utilization shall be given a specified time period to dismantle the newly-built constructions and other facilities on the illegally occupied and used land and restore the original state of the land, where it conforms to the overall planning for land utilization, the newly-built constructions and other facilities on the illegally occupied and used land shall be confiscated and may concurrently be imposed a fine; administrative sanctions shall be imposed according to law on the person-in-charge directly responsible and other personnel directly responsible of the unit that illegally occupies and uses the land; where a crime has been constituted, criminal liability shall be investigated according to law.
For occupation and use of land exceeding the approved amount, the land thus occupied shall be construed and handled as illegally occupied and used land.
Article 77 Villagers in rural areas who illegally occupy and use land for building residences without approval or obtain approval by deceitful means shall be ordered by the competent departments of people's governments at or above the county level to return the illegally occupied and used land, and dismantle the newly-built houses on the illegally occupied and used land within the specified time period.
The land occupied exceeding the standards set by the provinces, autonomous regions and municipalities directly under the Central Government shall be construed and handled as illegally occupied and used land.
Article 78 Units or individuals without power to approve requisition and use of land that illegally approve occupation and use of land, those that illegally approve occupation and use of land exceeding the limits of authority of approval, those that approve land use not in conformity with the uses determined by the overall planning for land utilization, or those that approve occupation and requisition of land in contravention of the legal procedures, their approval documents shall be null and void, the persons-in-charge directly responsible and other personnel directly responsible who illegally approve requisition and use of land shall be imposed administrative sanctions according to law; where a crime has been constituted, criminal liability shall be investigated according to law. The illegally approved and used land should be taken back, the party interested that refuses to return the land shall be construed and handled as illegal occupation and use of land.
Whoever illegally approves requisition and use of land causing losses to the party interested shall bear liability of compensation according to law.
Article 79 Whoever infringes on and uses the compensation fee and other related fees for land requisition of the requisitioned unit for other purposes constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law.
Article 80 The party interested that refuses to hand over the land for withdrawal of the right to use of state-owned land according to law, the party interested that refuses to return the land on expiry of temporary use of land, or the party interested that uses state-owned land not in accordance with the approved use shall be ordered by the competent departments of land administration of people's governments at or above the county level to return the land and a fine imposed.
Article 81 Whoever transfers, retransfers or rents out the right to use of the land collectively owned by peasants for non-agricultural construction without authorization shall be ordered by the competent department of land administration of the people's government at or above the county level to make a rectification within the specified time period, confiscated of the illegal gains and concurrently imposed a fine.
Article 82 Whoever fails to go through change in registration of land pursuant to the provisions of this Law shall be ordered by the competent department of land administration of the people's government at or above the county level to complete the formalities within the specified time period.
Article 83 Construction units or individuals that have been ordered to dismantle the newly-built constructions and other facilities on the illegally occupied and used land within the specified time period pursuant to the provisions of this Law must stop construction forthwith and dismantle them themselves; organs that make the penalty decision's have the power to stop those that continue construction. Construction units or individuals that refuse to obey the decisions of administrative penalty on dismantling within the specified time period may, within 15 days starting from the date of receipt of the decision of ordering the dismantling within the specified time period, file a suit at a people's court; the unit or individual that neither takes legal action nor dismantles itself/himself/herself on expiry, the organ that has taken the decision on penalty shall apply to a people's court for compulsory enforcement, and the expenses shall be borne by the violator of law.
Article 84 Functionaries of competent departments of land administration that neglect their duties, abuse their power and indulge in malpractices for selfish gains constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law.
Chapter VIII Supplementary Provisions
Article 85 This Law shall be applicable to the use of land by Sino-foreign joint ventures, Sino-foreign cooperative ventures and enterprises owned by foreign capital; where laws have separate provisions, those provisions shall prevail.
Article 86 This Law shall enter into effect as of January 1, 1999.
Attachment:
Relevant Articles of the Criminal Law
Article 228 Whoever illegally transfers and sells land use right with profit-making as the purpose in violation of land administration regulations when the circumstances are serious shall be sentenced to imprisonment under three years or hard labor in detention, and concurrently imposed a fine of more than 5% less than 20% of the amount of the illegally transferred and sold land use right price; where the circumstances are extremely serious, a sentence of more than three years less than seven years shall be passed, and a fine of more than 5% less than e amount of the illegally transferred and sold land use right price concurrently imposed.
Article 342 Whoever illegally occupies and uses cultivated land and turns it into other uses in a big amount resulting in great destruction of cultivated land in violation of land administration regulations shall be sentenced to imprisonment under five years or hard labor in detention, and concurrently or separately imposed a fine.
Article 410 Functionaries of state organs who indulge in malpractices for selfish gains, abuse power in illegally approving requisition and occupation of land or illegally transfer the right to use of state-owned land at a low price in violation of land administration regulations where the circumstances are serious, shall be sentenced to imprisonment under three years or hard labor in detention; whoever causes extremely great losses to state or collective interests shall be sentenced to more than three years less than seven years of imprisonment.
