The Law of Land Administration of the People's Republic of China
28 of the President of the People's Republic of
The Decision on Amending the Law of Land Administration of the People's Republic of China which was adopted at the 11th meeting of the standing committee of the 10th National People's Congress of the People's Republic of China on August 28th, 2004.
Chairman of the People's Republic of
August 28th, 2004
The Decision on Amending the Law of Land Administration of the People's Republic of China which was made by the standing committee of National People's Congress.
The Decision on Amending the Law of Land Administration of the People's Republic of China which was made by the standing committee of National People's Congress.
It was adopted at the 11th meeting of the standing committee of the 10th National People's Congress of the People's Republic of
The amendments on the Law of Land Administration of the People's Republic of
The item 4 in Article 2 is amended as "The State may requisition land and land requisitioned shall be compensated for according to law on public interests."
The "collection" in the second item of Article 43, Article 45, Article 46, Article 47, Article 49, Article 51, Article 78, and Article 79 shall be changed into "requisition".
The Decision shall enter into force on the date of promulgation.
Law of the People's Republic of
The law of land administration of the people's republic of china
It was adopted by the 16th meeting of the Standing Committee of the 6th National People's Congress on June 25, 1986 and first amended at the 4th meeting of the standing committee of the 9th National People's Congress according to the Decision on Amending the Law of the People's Republic of China on Land Administration at the 5th meeting of the standing committee of the 7th National People's Congress.
CHAPTER ONE GENERAL PROVISIONS
CHAPTER TWO OWNERSHIP AND RIGHT OF USE OF LAND
CHAPTER THREE GENERAL PLANS FOR THE UTILIZATION OF LAND
CHAPTER FOUR PROTECTION OF CULTIVATED LAND
CHAPTER SIX SUPERVISION AND EXAMINATION
CHAPTER SEVEN LEGAL RESPONSIBILITIES
CHAPTER EIGHT SUPPLEMENTARY PROVISIONS
CHAPTER ONE GENERAL PROVISIONS
Article 1 The law is formulated in compliance with the Constitution with a view to strengthening the administration of land, safeguarding the socialist public ownership of land, protecting and developing land resources, ensuring a rational use of and giving a real protection to cultivated land to promote sustainable development of the socialist economy.
Article 2 The People's Republic of
In ownership by the whole people, the State Council is empowered to be on behalf of the State to administer the land owned by the State.
No unit or individual is allowed to occupy trade or illegally transfer land by other means. Land use right may be transferred by law.
The State may requisition land owned by collectives according to law on public interests.
The State introduces the system of compensated use of land owned by the State except the land has been allocated for use by the State according to law.
Articles 3 To cherish and give a rational use to the land as well as to give a true protection to the cultivated land are seen as a basic principle of land use in the country. The people's governments at all levels should manage to make an overall plan for the use of land to strictly administer, protect and develop land resources and stop any illegal occupation of land.
Article 4 The State is to place a strict control on the usages of land.
The State shall compile general plans to set usages of land including those of farm or construction use or unused. A strict control is to place on the turning of land for farm use to that for construction use to control the total amount of land for construction use and exercise a special protection on cultivated land.
"Land for farm use" refers to land directly used for agricultural production, including cultivated land, wooded land, grassland, land for farmland water conservancy and water surfaces for breeding; "land for construction use" refers to land on which buildings and structures are put up, including land for urban and rural housing and public facilities, land for industrial and mining use, land for building communications and water conservancy facilities, land for tourism and land for building military installations. The term "land unused" refers to land other than that for agricultural and construction uses.
Land should be used strictly in line with the purposes of land use defined in the general plan for the utilization of the land whether by units or individuals.
Article 5 The land administrative department of the State Council shall be unifiedly responsible for the administration and supervision of land in the whole country.
The setup and functions of land administrative departments of people's governments at and above the county level shall be decided by the people's governments of provinces, autonomous regions and municipalities under the direct jurisdiction of the central government (hereinafter referred to as "municipalities" for short) according to the relevant provisions of the State Council.
Article 6 Units or individuals shall all be obliged to abide by the laws and regulations concerning land administration and have the right to report or prosecute acts of violating land administration law and regulations.
Article 7 People's governments shall award units or individuals who have made outstanding achievements in protecting and developing land resources, rational utilization of land and in carrying out research in this regard.
CHAPTER TWO OWNERSHIP AND RIGHT OF USE OF LAND
Article 8 Land in urban districts shall be owned by the State.
Land in the rural areas and suburban areas, except otherwise provided for by the State, shall be collectively owned by peasants including land for building houses, land and hills allowed to be retained by peasants.
Article 9 Land owned by the State and land collectively owned by peasants may be allocated to be used by units or individuals according to law. Units or individuals using land shall be responsible for the protection, management and a rational use of the land.
Article 10 In lands collectively owned by peasants those have been allocated to villagers for collective ownership according to law shall be operated and managed by village collective economic organizations or villagers’ committee and those have allocated to two or more peasants collective economic organizations of a village, shall be operated and managed jointly by the collective economic organizations of the village or villagers’ groups; and those have allocated to township (town) peasant collectives shall be operated and managed by the rural collective economic organizations of the township (town).
Article 11 People's government at the county level shall register and put on record lands collectively owned by peasants and issue certificates to certify the ownership concerned. People's government at the county level shall register and put on record the use of land collectively owned by peasants for non-agricultural construction and issue certificates to certify the right to use the land for construction purposes.
People's government at the country level shall register and put on record uses of land owned by the State by units or individuals and issue certificates to certify the right of use. The State Council shall designate specific units to register and put on record State-owned land used by central government organs.
Certifications of ownership or use right of wooded land and grassland and the uses or of water surface and beachland for breeding purpose shall be managed according to related provisions of the "Forest Law of the People's Republic of China", the "Grassland Law of the People’s Republic of China" and the "Fisheries Law of the People's Republic of China".
Article 12 Changes of owners and usages of land, should go through the land alteration registration procedures.
Article 13 The ownership and use right of land registered according to law shall be protected by law and no unit or individual is eligible to infringe upon it.
Article 14 Land collectively owned by peasant shall be contracted out to members of the collective economic organizations for use in crop farming, forestry, animal husbandry and fisheries production under a term of 30 years. The contractees should sign a contract with the correspondents contractor to define each other's rights and obligations. Peasants who have contracted land for operation are obliged to use the land rationally according to the purposes agreed upon in the contracts. The right of operation of land contracted by peasants shall be protected by law.
Within the validity term of a contract, the adjustment of land contracted by individual contractors should get the consent from over two-thirds majority vote of the villagers' congress or over two-thirds of villagers' representatives and then be submitted to land administrative departments of the township (town) people's government and county level people's government for approval.
Article 15 Land owned by the State may be contracted out to units or individuals for farming, forestry, animal husbandry and fisheries operations. Land collectively owned by peasants may be contracted out to units or individuals who are not belonging to the corresponding collectives for farming, forestry, animal husbandry and fisheries operations. The contractees and contractors should sign land use contracts to define each other's rights and obligations. The contraced term for operation is to be agreed upon in the land use contracts. Contractors for the land operation are obliged to protect and use the land rationally according to the usages specified in the contracts.
Whereas a land collectively owned by peasant is contracted out for operation to ones not belonging to the corresponding collective organizations, a consent should be got from the over two-thirds majority vote of the villagers' congress or over two-thirds of the villagers' representatives with the resulted contract being submitted to the township (town) people's government for approval.
Article 16 Disputes arising from the ownership or use right of land shall be settled through consultation among parties concerned; should consultation fails, the disputes should be handled by people's governments.
Disputes among units shall be handled by the people's government at and above the county level; disputes among individuals or between individuals and units shall be handled by township level people's government or people's governments at the county level or above.
Whereas parties concerned refuse to accept the decisions by related people's government the dispute may be brought before the people's court within 30 days after the notification on the decision is received.
No party shall change the status quo of the land before the disputes over ownership and use right are settled.
Chapter three general plans for the utilization of land
Article 17 people's governments at all levels shall manage to compile general plans for land uses in accordance with the national economic and social development program, requirements of national land consolidation and resources and environmental protection, land supply capacity and the requirements of various construction projects.
The validity term of the general plans for land use shall be determined by the state council.
Article 18 general plans for land use at a lower level shall be compiled according to the general plans for the utilization of land at the next higher level.
The total amount of land for construction uses in the general plans of land use compiled by local people's governments at all levels shall not exceed the controlled targets set in the general plans for land use at the next higher level and the total amount of cultivated land should not be lower than the controlled targets set in the general plans for land use at the next higher level.
In mapping out the general plans for land use, the provinces, autonomous regions and municipalities shall ensure than the total amount of cultivated land under their jurisdiction shall not be reduced.
Article 19 general plans for land use should be mapped out according to the following principles:
1. Strictly protect the basic farmland and control the occupation of agricultural land for nonagricultural purposes.
2. Raise the utilization rate of land.
3. Make an overall plan and arrangements about the use of land in various kinds and various areas.
4. Protect and improve the ecological environment to ensure a sustainable use of land.
5. Keep a balance between cultivated land occupied and cultivated land developed and reclaimed.
Article 20 general plans for land use at the county level should define the areas and purposes of land use.
General plans for the land use at the township (town) level should define the areas for the utilization of land and define the purpose of each tract of land according to the actual conditions for the use of land and make an announcement.
Article 21 general plans for land use shall be examined and approved level by level.
General plans for land use of provinces, autonomous regions and municipalities shall be approved by the state council.
General plans for land of cities where the people's governments of province and autonomous regions and municipalities are seated and cities with a population of over one million and cities designated by the state council shall be examined by the people's governments of related provinces and autonomous regions and municipalities and submit them to the state council for approval.
General plans for land use other than those provided for in the second and third paragraphs of this article shall be submitted for approval step by step to the people's governments of provinces, autonomous regions and municipalities. General plans for land uses of townships (towns) may be approved by the people's governments of cities or autonomous prefectures authorized by the provincial level people's governments.
Once approved, the general plans for the land use shall be implemented strictly.
Article 22 the amount of land used for urban construction shall conform to the standards prescribed by the state so as to make full use of the existing land for construction purposes, not to occupy or occupy as less agricultural land as possible.
Urban general planning and the planning of villages and market towns should 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 23 the plans for the comprehensive control, development and utilization of rivers and lakes should be in accordance with the general plans for land use. land uses within the areas of management and protection of rivers, lakes and reservoirs and flood storage and detention areas should be in line with plans for the comprehensive control, development and utilization of rivers and lakes and to the requirements of river channels, flood flows of rivers and lakes, flood storage and water transmission.
Article 24 people's governments at all levels shall strengthen the administration of plans for land use and exercise control of the aggregate land for construction purposes.
The annual plan for the land use shall be compiled in line with the national economic and social development program, the state industrial policies, general plans for land and the actual situation about the land for construction uses and the land utilization. the examination and approval procedures for the compilation of annual land use plans shall be the same as that for the general plans for land use. once approved, they shall be implemented strictly.
Article 25 the people's governments of provinces, autonomous regions and municipalities shall report the implementations of their annual plans for the use of land to the people's congresses at the same level as part of the implementation of their economic and social development plans.
Article 26 Revision of the general plans for land use shall be approved by the original organ of approval. Without approval, the usages of land defined in the general plans for the utilization of land shall not be changed.
Whereas the purpose of land use defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by the state council, it shall be changed according to the document of approval issued by the state council.
If the purpose of land defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by provinces, autonomous regions and municipalities, it shall be changed according to the document of approval issued by the provincial level people's governments if it falls into their terms of reference.
Article 27 the state fosters land survey system.
The land administrative departments of the people's governments at and above the county level shall carry out land surveys together with related departments at the same level. Land owners or users should provide good cooperation and necessary data and materials required.
Article 28 land administrative departments of the people's government at and above the county level shall, together with related departments at the same level, grade the land according to the results of the surveys, their planned uses and the unified standards formulated by the state.
Article 29 the state establishes the land statistical system.
The competent departments of land administration of people's governments at and above
the county level shall, together with the statistical departments at the same level shall, formulate plans for statistical surveys and compile statistics about land according to law and regularly issue statistical data about the land. Land owners and users shall provide related materials and it is strictly forbidden to provide false and concealed materials or refuse to provide or delay the delivery of materials.
The statistical materials about the land areas issued by land administrative departments and statistical departments serve as the basis for people's governments at all levels in compiling the general plans for the utilization of land.
Article 30 the state shall establish the national land management information system to conduct dynamic monitoring of the utilization of land.
Chapter four Protection of cultivated land
Article 31 The state protects the cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.
The state fosters the system of compensations to cultivated land to be occupied. in the cases of occupying cultivated land for non-agricultural construction, the units occupying the cultivated land should be responsible for reclaiming the same amount of land in the same quality as that occupied according to the principle of "reclaiming the same amount of land occupied. Whereas units which occupy the cultivated land are not available with conditions of reclaimation of land or the land reclaimed is not up to requirements, the units concerned should pay land reclamation fees prescribed by provinces, autonomous regions and municipalities for reclaiming land for cultivation the land reclaimed.
The people’s governments of all provinces, autonomous regions and municipalities shall formulate plans for reclamation of cultivated land, see to it that units which occupy cultivated land shall reclaim land as planned or organize the land reclamation according to plan and examine and accept the land reclaimed.
Article 32 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 33 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 land 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 34 The State applies a system of protection for capital farmland. Cultivated land of the following categories shall be included in the protected capital farmland in accordance with the overall plan for land utilization and be placed under strict control:
(1) cultivated land within bases of grain, cotton and oil crops production, 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;
(3) vegetable production bases;
(4) pilot fields for scientific research or teaching of agriculture; and
(5) other cultivated land that should be included in the protected capital farmland according to regulations of the State Council.
The 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.
The area of protected capital farmland shall be demarcated with the township (town) as a unit and such demarcation shall be arranged by the land administration department together with the agriculture administration department of a people's government at the county level.
Article 35 People's governments at all levels shall take measures to protect irrigation and drainage facilities, improve soil, increase soil fertility and prevent desertification, Stalinization, and soil erosion and contamination.
Article 36 In non-agricultural constructions; attention shall be paid to economizing on the use of land. Where wasteland can be used, no cultivated land may be used; where land of inferior quality can be used, no land of superior quality may be used.
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 use capital farmland for planting forest or fruit trees or to turn such land into pond for raising fish.
Article 37 All units and individuals are forbidden to leave cultivated land unused or let it lie waste. Where a stretch of cultivated land, for which the formalities of examination and 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
Where a unit or individual that contracts to operate cultivated land but lets the land lie waste for two years running, the original unit that gives out the contract shall terminate the contract and take back the land under contract.
Article 38 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 39 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 plan.
Article 40 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 41 The State encourages land revitalization. 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 42 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 recultivated 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 43 All units and individuals that need land for construction purposes shall, in accordance with law, apply for the use of State-owned land, with the exception of the ones that have lawfully obtained approval of using the land owned by peasant collectives of their own collective economic organizations to build township or town enterprises or to build houses for villagers and the ones that have lawfully obtained approval of using the land owned by peasant collectives to build public utilities or public welfare undertakings of a township (town) or village.
"The State-owned land" mentioned in the preceding paragraph includes land owned by the State and land originally owned by peasant collectives but requisitioned by the State.
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.
Where land for agriculture is to be converted to land for the construction of road, pipeline or large infrastructure projects, for which approval has been obtained from people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or for the construction of projects, for which approval has been obtained from the State Council, 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 is to be converted to land for construction projects other than what is provided for in the second and third paragraphs of this Article, the conversion shall be subject to approval by people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 45 Approval shall be obtained from the State Council for requisition of the following land:
(1) capital farm land;
(2) cultivated land, not included in capital farm land, that exceeds 35 hectares; and
(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 and be submitted to the State Council for the record. 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 46 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, which shall help execute the requisition.
Units and individuals that own or have the right to the use of the land under requisition shall, within the time limit fixed in the announcement, register for compensation with the land administration department of the local people's government by presenting their certificates of land ownership or land-use right.
Article 47 Land requisitioned shall be compensated for on the basis of its original purpose of use.
Compensation for requisitioned cultivated land shall include compensation for land, resettlement subsidies and attachments and young crops on the requisitioned land. Compensation for requisition of cultivated land shall be six to ten times the average annual output value of the requisitioned land for three years preceding such requisition. Resettlement subsidies for requisition of cultivated land shall be calculated according to the agricultural population needing to be resettled. The agricultural population needing to be resettled shall be calculated by dividing the amount of requisitioned cultivated land by the average amount of the original cultivated land per person of the unit the land of which is requisitioned. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four to six times the average annual output value of the requisitioned cultivated land for three years preceding such requisition. However, the highest resettlement subsidies for each hectare of the requisitioned cultivated land shall not exceed fifteen times its average annual output value for the three years preceding such requisition.
Standards of land compensation and resettlement subsidies for requisition of other types of land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of compensation and resettlement subsidies for requisition of cultivated land.
Standards for compensation for attachments and young crops on the requisitioned land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.
For requisition of vegetable plots in city suburbs, the land users shall pay towards a development and construction fund for new vegetable plots in accordance with the relevant regulations of the State.
If land compensation and resettlement subsidies paid in accordance with the provisions of the second paragraph of this Article are still insufficient to help the peasants needing resettlement to maintain their original living standards, the resettlement subsidies may be increased upon approval by people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the total land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the requisitioned land for the three years preceding such requisition.
The State Council may, in light of the level of social and economic development and under special circumstances, raise the standards of land compensation and resettlement subsidies for requisition of cultivated land.
Article 48 Once a plan for compensation and resettlement subsidies for requisitioned land is decided on, the local people's government concerned shall make it known to the general public and solicit comments and suggestions from the collective economic organizations, the land of which is requisitioned, and the peasants.
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, land 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 land 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 or 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; and
(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 if 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, both of which shall exclusively be used for developing cultivated land.
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 land 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 land 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 land 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 land 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 land is needed for the benefits of the public;
(2) The use of the land needs to be readjusted for renovating the old urban area according to urban planning;
(3) 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;
(4) 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; or
(5) 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 townships (towns) 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 townships (towns) 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 land 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 provisions of 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 land 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.
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.
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.
Article 63 No right to the use of land owned by peasant collectives may be assigned, transferred or leased for non-agricultural construction, with the exception of enterprises that have lawfully obtained land for construction in conformity with the overall plan for land utilization but have to transfer, according to law, their land-use right because of bankruptcy or merging or for other reasons.
Article 64 No buildings or structures built before the overall plan for land utilization is drawn up and at variance with the purposes defined in such a plan may be rebuilt or expanded.
Article 65 Under and 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; or
(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.
Chapter VI Supervision and Inspection
Article 66 Land 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.
Supervisors over and inspectors of land administration shall be familiar with the laws and regulations governing land administration and they shall be devoted to their duties and enforce laws impartially.
Article 67 In performing their duties of supervision and inspection, members of the land 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 68 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 69 The units and individuals concerned shall assist in, cooperate with and provide convenience to the work of the land 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 70 Where, in the course of supervision and inspection, land administration departments of the people's government at or above the county level find any violations by State functionaries and believe that administrative sanctions need be given to such functionaries, they shall deal with such violations in accordance with law; if they have no right to do so, they shall propose in writing to the administrative supervision departments of the people's governments at the corresponding or a higher level that administrative sanctions be given to the functionaries, and the administrative supervision departments concerned shall deal with the violations in accordance with law.
Article 71 Where land 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 72 Where a land administration department fails to impose administrative penalties on violators as is required by the provisions of this Law, the land 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 73 If units or individuals illegally transfer land through buying, selling or other means, their unlawful gains shall be confiscated by the land 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 state; 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 74 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 land 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 co
Article 75 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 land 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 76 Units or individuals that illegally occupy and use land without approval or with approval obtained by fraudulent means shall be ordered by the land 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 state; 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 77 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 land 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 78 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. If the violations constitute crimes, criminal responsibility shall be investigated in accordance with law. The land illegally approved for use shall be taken back. If the parties concerned refuse to return the land, they shall be regarded as illegal land users.
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 79 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 80 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 land 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 81 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 land 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 82 Units or individuals that, in violation of the provisions of this Law, fail to register changes in land ownership, land-use right or the purpose of use of land shall be ordered by the land administration departments of the people's governments at or above the county level to do it within a time limit.
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 form 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 land 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 Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises. Where laws provide otherwise, the provisions in such laws shall prevail.
Article 86 This Law shall enter into force as of January 1, 1999.
Appendix: Related articles in the Criminal Law:
Article 228 Illegal transfer or trade of land use right for personal gains in violation of the land administrative law and regulations shall be sentenced to a prison term of less than three years or to forced labor, with a concurrent fine amounting to more than 5% and less than 20% of the proceeds from the illegal transfer or trading whereas the case is serious enough, and whereas the case is very serious, it shall be sentenced to a prison term ranging from more than three years to less than seven years, with a fine ranging from more than 5% to less than 20% of the proceeds from the illegal transfer or trading of the land use right.
Article 342 Illegal turning of cultivated land occupied into other uses in a big amount to cause damages to large tracts of cultivated land in violation of the land administrative law and regulations, a punishment of from less than five years' in prison or forced labor shall be given, together with a fine concurrently or separately.
Article 410 Whereas government functionaries are found to have committed deception or forgery for personal gains in violation of the land administrative law and regulations or have abused their power to illegally approve the requisition of land or under-sell the use right of State-owned land and the cases are serious, a punishment of less than three years in prison or forced labor shall be given; whereas the cases have caused very big losses to the State or collectives, a prison term ranging from more than three years to less than seven years shall be meted out.
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