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Land administration law of the People's Republic of China

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Land administration law of the People's Republic of China

Order of the President of the People's Republic of China

Number twenty-eight

The decision of the standing committee of the National People's Congress on amending >, the land administration law of the People's Republic of China, which was adopted at the 11th meeting of the 10th National People's Congress standing committee on August 28, 2004, is hereby promulgated and shall come into force as of the date of promulgation.

President of the People's Republic of China hu jintao

August 28, 2004

The decision of the standing committee of the National People's Congress to amend the land administration law of the People's Republic of China

Decision of the standing committee of the National People's Congress on amending the land administration law of the People's Republic of China

(adopted at the 11th session of the standing committee of the tenth National People's Congress on August 28, 2004)

At its eleventh session, the standing committee of the tenth National People's Congress decided to amend the land administration law of the People's Republic of China as follows:

Paragraph 4 of article 2 is amended to read: "the state may, in accordance with the law, expropriate or requisition land and compensate it for the public interest."

2. "requisition" in paragraph 2 of article 43, article 45, article 46, article 47, article 49, article 51, article 78 and article 79 shall be amended to mean "collection".

This decision shall go into effect as of the date of promulgation.

The land administration law of the People's Republic of China shall be re-promulgated after being amended in accordance with this decision.

Land administration law of the People's Republic of China

(on June 25, 1986, the sixth session of the National People's Congress by the 16th session of the standing committee based on December 29, 1988, the seventh National People's Congress the fifth meeting of the standing committee on the modified "land management law of the People's Republic of China > decision" for the first time correction on August 29, 1998 the ninth revision of the fourth session of the standing committee of the National People's Congress, according to August 28, 2004, the tenth session of the 11th meeting of the standing committee of the National People's Congress on the modified "land management law of the People's Republic of China > decision" the second correction)

Orders to record

Chapter I general provisions

Chapter ii ownership and right to the use of land

Chapter iii general plans for the utilization of land

Chapter iv protection of cultivated land

Chapter v land for construction purposes

Chapter vi supervision and inspection

Chapter vii legal liability

Chapter viii supplementary provisions

Chapter I general provisions

Article 1 this law is formulated in accordance with the constitution with a view to strengthening the administration of land, maintaining the socialist public ownership of land, protecting and developing land resources, making rational use of land, giving real protection to cultivated land and promoting sustainable development of the society and economy.

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

Ownership by the whole people, that is, the ownership of land owned by the state shall be exercised by the state council on behalf of the state.

No unit or individual may seize, buy, sell or illegally transfer land by other means.The right to the use of land may be transferred according to law.

The state may, in order to meet the needs of the public interest, expropriate or requisition land according to law and compensate for it.

The state implements the system of compensated use of state-owned land according to law.However, the state transfers the right to the use of state-owned land within the scope prescribed by law, except.

Article 3 it is China's basic state policy to cherish and rationally use land and earnestly protect cultivated land.People's governments at all levels shall take measures to make comprehensive plans, exercise strict administration, protect and develop land resources and stop illegal occupation of land.

Article 4 the state practices a land use control system.

The state shall draw up general plans for the utilization of land, stipulate the USES of land and classify land into agricultural land, construction land and unused land.We will strictly limit the conversion of agricultural land to construction land, control the total amount of construction land, and give special protection to cultivated land.

"Agricultural land" as mentioned in the preceding paragraph means land directly used for agricultural production, including cultivated land, forest land, grassland, land for farmland water conservancy and water surface for breeding, etc.Land for construction means land for building buildings and structures, including land for urban and rural housing and public facilities, land for industry and mining, land for transportation and water conservancy facilities, land for tourism and land for military facilities, etc.Unused land refers to land other than agricultural land and construction land.

Units and individuals that use land must use land strictly in accordance with the purposes specified in the general plans for the utilization of land.

Article 5 the land administrative department under the state council shall be uniformly responsible for the administration and supervision of land throughout the country.

The establishment and functions of land administrative departments of local people's governments at or above the county level shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the central government in accordance with the relevant provisions of the state council.

Article 6 all units and individuals shall have the obligation to abide by the laws and regulations on land administration and shall have the right to report and file charges against any act that violates the laws and regulations on land administration.

Article 7 people's governments shall award units and individuals that have made outstanding achievements in protecting and developing land resources, making rational use of land and carrying out relevant scientific research.

Chapter ii ownership and right to the use of land

Article 8 land in urban areas shall be owned by the state.

Land in rural areas and suburban areas shall be owned by peasants collectively, except for that which is owned by the state as stipulated by law;House sites, private plots and private hills shall be collectively owned by peasants.

Article 9 land owned by the state and land collectively owned by peasants may be assigned to units or individuals for use according to law.Units and individuals that use land shall have the obligation to protect, administer and rationally use land.

Article 10 land collectively owned by peasants shall be operated and managed by village economic collectives or villagers' committees if it is collectively owned by peasants in accordance with law.If it is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by the respective rural collective economic organizations or villagers' groups in the village.Those already owned by rural collectives shall be operated and managed by rural collective economic organizations of the townships (towns).

Article 11 people's governments at the county level shall register and put on record land collectively owned by peasants and issue certificates to confirm the ownership.

Where land collectively owned by peasants is used for non-agricultural construction according to law, the people's government at the county level shall register and put on record such land and issue certificates to confirm the right to use the land for construction purposes.

People's governments at or above the county level shall register and put on record land owned by the state that is used by units or individuals according to law, issue certificates to certify the right to use;The state council shall determine the specific registration and certification organs of state-owned land used by central government organs.

To confirm the ownership or right to use of woodlands and grasslands and the right to use water surfaces and tidal flats for aquaculture shall be handled in accordance with 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 fisheries law of the People's Republic of China respectively.

Article 12 for changing the ownership and use of land according to law, land alteration registration procedures shall be completed.

Article 13 the ownership and right to the use of land registered according to law shall be protected by law and no unit or individual may infringe upon it.

Article 14 land collectively owned by peasants shall be contracted out to members of their collective economic organizations for farming, forestry, animal husbandry and fishery production.The term of contracted operation of land shall be 30 years.The employer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties.Farmers who have contracted for the operation of land shall have the obligation to protect and make rational use of the land according to the purposes stipulated in the contract.The contracted land management rights of peasants shall be protected by law.

Any appropriate adjustment of the contracted land among individual contractors within the term of land contracting operation shall be subject to the consent of more than two-thirds of the members of the villagers' assembly or representatives of more than two-thirds of the villagers, and shall be submitted to the people's governments of townships (towns) and agricultural administrative departments of the people's governments at the county level for approval.

Article 15 land owned by the state may be contracted out to units or individuals for farming, forestry, animal husbandry and fishery production.Land collectively owned by peasants may be contracted out to units or individuals other than the collective economic organizations for farming, forestry, animal husbandry and fishery production.The employer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties.The term for contracted operation of land shall be stipulated in the contract.Units and individuals contracting for the operation of land shall have the obligation to protect and make rational use of the land according to the purposes stipulated in the contract.

Where land collectively owned by peasants is contracted out for operation by units or individuals other than the collective economic organizations, the consent of more than two-thirds of the members of the villagers' assembly or of more than two-thirds of the villagers' representatives must be obtained, and it must be submitted to the people's government of the township (town) for approval.

Article 16 disputes over the ownership and right to the use of land shall be settled by the parties through consultation.If consultation fails, the matter shall be handled by the people's government.

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

If a party is not satisfied with the decision made by the relevant people's government, it may bring a suit in a people's court within 30 days of receiving the notification of the decision.

Before the dispute over land ownership and right to use is settled, neither party may change the status quo of land use.

Chapter iii general plans for the utilization of land

Article 17 people's governments at all levels shall, in accordance with the plans for national economic and social development, the requirements for land consolidation, resources and environmental protection, the land supply capacity and the needs of various construction projects, organize the compilation of general plans for the utilization of land.

The planning period for the general plans for land use shall be stipulated by the state council.

Article 18 the general plans for the utilization of land at lower levels shall be compiled in accordance with the general plans for the utilization of land at the next higher level.

The total amount of construction land in the general plans for the utilization of land compiled by local people's governments at various levels shall not exceed the control targets set in the general plans for the utilization of land at the next higher level and the amount of cultivated land shall not be lower than the control targets set in the general plans for the utilization of land at the next higher level.

The general plans for the utilization of land drawn up by the people's governments of provinces, autonomous regions and municipalities directly under the central government shall ensure that the total amount of cultivated land within their respective administrative areas is not reduced.

Article 19 general plans for land use shall be compiled according to the following principles:

1. Strictly protecting basic farmland and controlling the occupation of agricultural land for non-agricultural construction;

Increasing the utilization rate of land;

(3) making overall arrangements for land use of various types and regions;

(4) to protect and improve the ecological environment and ensure the sustainable use of land;

5. Cultivated land occupied shall be balanced with cultivated land developed and reclaimed.

Article 20 the general plans for the utilization of land at the county level shall delineate land use areas and specify the USES of land.

The general plans for the utilization of land at the township (town) level shall demarcate the areas for the utilization of land, determine the USES of each plot of land according to the conditions for the use of land, and make an announcement.

Article 21 general plans for land use shall be examined and approved at different levels.

The general plans for the utilization of land of provinces, autonomous regions and municipalities directly under the central government shall be submitted to the state council for approval.

The general plans for the utilization of land of cities where the people's governments of provinces and autonomous regions are located, cities with a population of over one million and cities designated by the state council shall be submitted to the state council for approval after examination and approval by the people's governments of provinces and autonomous regions.

General plans for land use other than those stipulated in the second and third paragraphs of this article shall be submitted to the people's governments of provinces, autonomous regions and municipalities for approval step by step.General plans for land use of townships (towns) may be approved by the people's governments of cities and autonomous prefectures authorized by the people's governments at the provincial level.

Once the general plans for the utilization of land are approved, they must be strictly implemented.

Article 22 the scale of land used for urban construction shall meet the standards set by the state, make full use of the existing land used for construction and occupy no or as little agricultural land as possible.

The general plans for cities and villages and market towns shall be in line with the general plans for the utilization of land. The amount of land used for construction purposes in the general plans for cities, villages and market towns shall not exceed the amount of land used for construction purposes in cities, villages and market towns as determined in the general plans for the utilization of land.

Within the planned urban areas, villages and market towns, the land used for construction in the cities, villages and market towns shall conform to the urban plans and the plans for villages and market towns.

Article 23 plans for the comprehensive control, development and utilization of rivers and lakes shall be in line with the general plans for the utilization of land.In the scope of management and protection of rivers, lakes and reservoirs as well as flood storage and detention areas, land use shall conform to the plans for the comprehensive control, development and utilization of rivers and lakes, and to the requirements of river courses, lakes for flood discharge, flood storage and water transmission.

Article 24 people's governments at all levels shall strengthen the administration of land use plans and exercise total control over land used for construction purposes.

Annual plans for the utilization of land shall be formulated in accordance with the national economic and social development plans, state industrial policies, general plans for the utilization of land, and the actual conditions of construction land and land utilization.The procedures for examination and approval of the compilation of the annual plans for land use are the same as those for the general plans for land use.

Article 25 the people's governments of provinces, autonomous regions and municipalities directly under the central government shall report to the people's congresses at the same level the implementation of their annual plans for the use of land as part of the implementation of their national economic and social development plans.

Article 26 amendments to the approved general plans for land use must be approved by the original organ of approval.Without approval, the land-use purposes determined in the general plans for the utilization of land may not be changed.

If the general plans for the utilization of land need to be changed for the construction of large-scale energy, communications, water conservancy and other infrastructure projects approved by the state council, the general plans for the utilization of land shall be revised in accordance with the approval documents of the state council.

If it is necessary to change the general plans for the utilization of land for the construction of energy, communications, water conservancy and other infrastructure projects approved by the people's governments of provinces, autonomous regions and municipalities, the general plans for the utilization of land shall be revised in accordance with the approval documents of the people's governments at the provincial level if they fall within the limits of their powers of approval in the general plans for the utilization of land of the people's governments at the provincial level.

Article 27 the state establishes a land survey system.

Land administrative departments of the people's governments at or above the county level shall conduct land surveys together with the relevant departments at the corresponding levels.The land owner or user shall cooperate with the investigation and provide relevant data.

Article 28 the land administrative departments of the people's governments at or above the county level shall, together with the relevant departments at the corresponding levels, grade the land according to the results of land surveys, the planned USES of land and the unified standards formulated by the state.

Article 29 the state establishes a land statistics system.

Land administrative departments of the people's governments at or above the county level and statistics departments at the same level shall jointly formulate plans for statistical investigation, conduct land statistics in accordance with law and regularly release land statistical data.The owner or user of the land shall provide relevant materials and shall not falsely report, conceal, refuse or delay the report.

The statistical data of land area issued jointly by land administrative departments and statistics departments are the basis for people's governments at all levels to work out general plans for land use.

Article 30 the state shall establish a national land management information system to conduct dynamic monitoring of the utilization of land.

Chapter iv protection of cultivated land

Article 31 the state protects cultivated land and strictly controls the conversion of cultivated land to non-cultivated land.

The state implements a compensation system for occupied farmland.In the case of occupation of cultivated land for non-agricultural construction approved, the units occupying cultivated land shall be responsible for reclaiming the land equal in quantity and quality to that occupied according to the principle of "reclamation of the same amount of land occupied".Whereas land reclaimed is not available or the land reclaimed does not meet the requirements, land reclamation fees shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the central government, with the funds earmarked for reclaiming new land.

The people's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate plans for reclaiming cultivated land, supervise the units occupying cultivated land to reclaiming cultivated land according to plans or organize reclaiming cultivated land according to plans, and carry out acceptance checks.

Article 32 the local people's governments at or above the county level may require the units occupying cultivated land to use the topsoil of the cultivated land they occupy for soil improvement of newly reclaimed land, poor land or other cultivated land.

Article 33 the people's governments of provinces, autonomous regions and municipalities directly under the central government shall strictly implement the general plans for the utilization of land and the annual plans for the utilization of land, and take measures to ensure that the total amount of cultivated land within their administrative areas does not decrease.If the total amount of cultivated land is reduced, the state council shall order the organization to recultivate the cultivated land with the same quantity and quality as the cultivated land reduced within the prescribed time limit, and the land administrative department under the state council shall check and accept it together with the agricultural administrative department.Where certain provinces and municipalities are really short of land reserve resources and the amount of newly reclaimed land is not enough to compensate for the amount of occupied land after the newly increased construction land is added, the amount of reclaimed land within their administrative areas must be reduced or exempted with the approval of the state council for reclaiming land from other areas.

Article 34 the state implements a system for protecting basic farmland.The following cultivated land shall be designated as basic farmland protection areas and under strict control according to the general plans for the utilization of land:

Cultivated land in grain, cotton and oil-bearing production bases approved by the competent department under the state council or the local people's governments at or above the county level;

(2) cultivated land with good water conservancy and water and soil conservation facilities and medium-and low-yielding land where the plan for renovation is being implemented or that can be reformed;

(3) vegetable production bases;

Experimental plots for agricultural research and teaching;

Other cultivated land that shall be designated as basic farmland protection areas as stipulated by the state council.

The basic farmland designated by the provinces, autonomous regions and municipalities directly under the central government shall account for more than 80 per cent of the cultivated land within their administrative areas.

The land administrative departments of the people's governments at the county level shall, together with the administrative departments of agriculture at the same level, organize the implementation of the zoning and delimitation of basic farmland protected areas with townships (towns) as the units.

Article 35 people's governments at all levels shall take measures to maintain irrigation and drainage facilities, improve the soil, enhance soil fertility and prevent desertification, salinization, soil erosion and pollution of the land.

Article 36 land must be used sparingly for non-agricultural construction. Whereas wasteland can be used, no cultivated land shall be occupied.Where poor land may be used, no good land may be occupied.

It is forbidden to build kilns or graves on cultivated land, or to build houses on cultivated land without authorization, or to dig sand, quarrying, mining or collecting earth on cultivated land.

It is forbidden to occupy basic farmland to develop forestry or dig ponds to raise fish.

Article 37 no unit or individual shall be allowed to idle or go into waste land.If the cultivated land occupied for non-agricultural construction which has gone through the examination and approval formalities is not used within one year but can be cultivated and harvested, it shall be cultivated again by the collectives or individuals that originally cultivated the land, or cultivated by the units that use the land.Where construction has not started for more than one year, idle expenses shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the central government.If it has not been used for two consecutive years, the people's government at or above the county level shall, with the approval of the original organ of approval, reclaim the land-use right of the land unit without compensation.If the land was formerly owned by peasant collectives, it shall be turned over to the former rural collective economic organizations for cultivation.

Idle land that has acquired the right to the use of land by way of grant for real estate development within the planned urban areas shall be handled in accordance with the relevant provisions of the urban real estate administration law of the People's Republic of China.

Where the units or individuals contracted for cultivated land have given up cultivation and given up waste for two consecutive years, the original contracting units shall terminate the contract and take back the contracted land.

Article 38 the state encourages units and individuals to develop unused land in accordance with the general plans for the utilization of land and on the premise of protecting and improving the ecological environment, preventing soil erosion and desertification;If suitable land for agricultural use shall be developed into agricultural land with priority.

The state protects the legitimate rights and interests of developers in accordance with law.

Article 39 reclaiming unused land must go through scientific argumentation and evaluation and be carried out after approval according to law within the reclaimable areas demarcated in the general plans for the utilization of land.It is forbidden to destroy forests and grasslands for cultivated land, to use lakes for farmland, or to occupy beaches of rivers.

In accordance with the general plan for the utilization of land, land reclaimed or reclaimed for reclamation that destroys the ecological environment shall be returned to forests, grazing lands and lakes in a planned and orderly manner.

Article 40 the exploitation of state-owned waste hills, wasteland or wasteland whose right to use has not been determined for farming, forestry, animal husbandry or fishery production may be assigned to developers or individuals for long-term use with the approval of the people's governments at or above the county level in accordance with law.

Article 41 the state encourages land consolidation.The people's governments of counties and townships (towns) shall organize rural collective economic organizations to comprehensively improve fields, waters, roads, forests and villages in accordance with the general plans for the utilization of land, improve the quality of cultivated land, increase the effective area of cultivated land and improve agricultural production conditions and ecological environment.

The local people's governments at various levels shall take measures to transform medium - and low-yielding land and to control idle and abandoned land.

Article 42 where land is damaged by digging, cave-in or occupation, the units or individuals using the land shall be responsible for reclamation in accordance with the relevant provisions of the state.Where reclamation is not available or fails to meet the requirements, land reclamation fees shall be paid for the purpose of land reclamation.Land reclaimed shall be given priority to agriculture.

Chapter v land for construction purposes

Article 43 any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law.However, the use of land owned by rural collectives by their own economic collectives is approved according to law for the establishment of township enterprises and villagers' houses, or the use of land owned by rural collectives is approved according to law for the construction of public facilities and public welfare undertakings in townships (towns).

The term "land owned by the state" as mentioned in the preceding paragraph includes land owned by the state and land formerly owned by peasant collectives expropriated by the state.

Article 44 whereas land occupied for construction involves conversion of agricultural land into construction land, examination and approval procedures for conversion of agricultural land shall be gone through.

Land occupied by road, pipeline projects and large-scale infrastructure projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the central government and construction projects approved by the state council shall be approved by the state council if conversion of agricultural land to construction land is involved.

If, within the scope of the land used for construction purposes in cities, villages and market towns as determined in the general plan for the utilization of land, the conversion of agricultural land to construction land for the purpose of implementing the plan shall be approved by the organ that originally approved the general plan for the utilization of land in batches according to the annual plan for the utilization of land.Within the scope of the approved conversion of agricultural land, the land used for specific construction projects may be approved by the municipal or county people's governments.

Land occupied for construction projects other than those mentioned in the second and third paragraphs of this article, involving conversion of agricultural land into construction land, shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Article 45 the requisition of the following land shall be approved by the state council:

(1) basic farmland;

(2)Land exceeding 35 hectares beyond the basic farmland;

(3)Other land exceeding 70 hectares.

The requisition of land other than that mentioned in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the central government and reported to the state council for the record.

For expropriation of agricultural land, examination and approval for conversion of agricultural land shall be carried out in advance in accordance with the provisions of article 44 of this law.Where the conversion of agricultural land is approved by the state council, the examination and approval procedures for land acquisition shall be completed at the same time.If the people's government of a province, autonomous region or municipality directly under the central government approves the conversion of agricultural land within the limits of its powers of approval for land requisition, it shall go through the formalities for examination and approval of land requisition at the same time.

Article 46 land expropriation by the state shall be announced and implemented by the local people's governments at or above the county level after approval by legal procedures.

Owners and users of the expropriated land shall, within the time limit prescribed in the public notice, go through the compensation registration of land expropriation with the land administrative departments of the local people's governments on the strength of the land ownership certificate.

Article 47 in case of expropriation of land, compensation shall be given according to the original purpose of the land expropriated.

The land compensation fees include land compensation fees, resettlement fees and compensation fees for things attached to the land and young crops.The land compensation fee for expropriating cultivated land shall be six to ten times the average annual output value of the three years prior to the expropriation of the cultivated land.The resettlement fees levied for cultivated land shall be calculated according to the number of agricultural population to be resettled.The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land per person occupied by the unit expropriated before the land is expropriated.The resettlement fees for each agricultural population to be resettled shall be four to six times the average annual output value of the three years prior to the expropriation of the cultivated land.However, the maximum resettlement fee per hectare of land expropriated shall not exceed 15 times the average annual output value of the three years preceding the expropriation.

The standards for land compensation fees and resettlement fees for expropriating other land shall be stipulated by provinces, autonomous regions and municipalities with reference to the standards for land compensation fees and resettlement fees for expropriating cultivated land.

The standards for compensation for objects attached to land and young crops to be expropriated shall be prescribed by provinces, autonomous regions and municipalities directly under the central government.

For the expropriation of vegetable fields in suburban areas, the units using the land shall pay funds for the development and construction of new vegetable fields in accordance with the relevant provisions of the state.

If the land compensation fees and resettlement fees paid in accordance with the provisions of the second paragraph of this article fail to maintain the original living standards of the peasants who need resettlement, the resettlement fees may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the central government.However, the sum of land compensation fees and resettlement fees shall not exceed 30 times the average annual output value of the three years prior to the expropriation of the land.

The state council may, in special circumstances, raise the standards for land compensation fees and resettlement fees for expropriated cultivated land according to the level of social and economic development.

Article 48 after the plan for compensation and resettlement for land requisitioned is determined, the local people's governments concerned shall make a public announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been requisitioned.

Article 49 rural collective economic organizations whose land is requisitioned shall make public to their members the income and expenditure of the compensation fees for land requisitioned for supervision.

It is forbidden to occupy or misappropriate the land expropriation compensation expenses and other related expenses of the units whose land is expropriated.

Article 50 local people's governments at various levels shall support rural economic collectives and peasants engaged in development and operation and set up enterprises with land expropriated.

Article 51 the standards for compensation for land expropriated for the construction of large and medium-sized water conservancy and hydropower projects and measures for resettlement shall be separately formulated by the state council.

Article 52 during the feasibility study and demonstration of a construction project, the land administrative departments may, in accordance with the general plans for the utilization of land, the annual plans for the utilization of land and the standards for the use of land for construction purposes, examine the relevant matters concerning the use of land for construction purposes and put forward their opinions.

Article 53 if an approved construction project needs to use land used for construction by the state, the construction unit shall, on the strength of the relevant documents prescribed by laws and administrative rules and regulations, apply to the land administrative departments of the people's governments at or above the county level with the power of approval.

Article 54 a construction unit that USES land owned by the state shall obtain such land by means of compensated use such as leasing.However, the following land for construction purposes may be obtained through allocation with the approval of the people's governments at or above the county level according to law:

(1) land used by state organs and for military purposes;

Land for urban infrastructure and public welfare undertakings;

Land for energy, communications, water conservancy and other infrastructure projects supported by the state;

Other land as stipulated by laws and administrative rules and regulations.

Article 55 construction units that have acquired the right to the use of state-owned land by means of compensated use such as leasing may not use the land until they have paid such fees as the land-use right grant fee and other fees in accordance with the standards and methods prescribed by the state council.

Starting from the date of the implementation of this law, 30 per cent of the paid land use fees for new construction land shall be turned over to the central government and 70 per cent to the local people's governments concerned for the development of cultivated land.

Article 56 in using state-owned land, construction units shall use the land according to the provisions of the contract for compensated use of the right to the use of the land or the provisions of the approval documents for the allocation of the right to the use of the land.If it is really necessary to change the purpose of the land for construction, the land administrative departments of the relevant people's governments shall be approved and the application shall be submitted to the people's governments that originally approved the use of land.Where the purpose of land is to be changed within a planned urban area, prior approval shall be obtained from the competent department of urban planning administration.

Article 57 where temporary use of state-owned land or land owned by peasant collectives is necessary for construction projects and geological exploration, approval shall be obtained from the land administrative departments of the people's governments at or above the county level.Among them, the temporary land within a planned urban area shall be approved by the relevant departments of urban planning administration before being submitted for approval.A land user shall, according to the ownership of the land, sign a contract for the temporary use of land with the relevant land administrative departments, rural collective economic organizations and villagers committees, and pay the compensation fee for the temporary use of land as stipulated in the contract.

Users of the land for temporary use shall use the land for the purposes stipulated in the contract for the temporary use of the land and shall not construct permanent buildings.

The period for temporary use of land is generally not more than two years.

Article 58 in any of the following cases, the land administrative departments of the relevant people's governments may recover the right to the use of state-owned land with the approval of the people's governments that originally approved the use of land or the people's governments that have the power of approval:

(1) land needs to be used for public interests;

(2) using land for readjustment in order to rebuild old urban areas in order to implement urban planning;

(3) at the expiration of the term of use stipulated in the contract for compensated use of land, the land user fails to apply for renewal or the application for renewal is not approved;

(4) the use of land originally allocated has been stopped due to cancellation or removal of units or other reasons;

Roads, railways, airports and mines that have been approved to be abandoned.

Where the right to the use of state-owned land is recovered in accordance with the provisions of subparagraphs (1) and (2) of the preceding paragraph, appropriate compensation shall be given to the land-use right holders.

Article 59 the construction of township enterprises, township (town) villages, public facilities, public welfare undertakings, rural villagers' residences and other township (town) villages shall be rationally distributed, comprehensively developed and constructed in accordance with the plans of villages and market towns;Land for construction purposes shall conform to the general plans for the utilization of land of townships (towns) and the annual plans for the utilization of land, and go through the examination and approval procedures in accordance with the provisions of article 44, article 60, article 61 and article 62 of this law.

Article 60 the rural collective economic organizations to use township (town) the general land use planning of construction land to set up enterprises or with other units and individuals in the form of land investment, joint management and so on hold enterprise, should hold the relevant approval documents, to the land administrative departments of local people's governments at or above the county level shall apply, in accordance with regulations of the provinces, autonomous regions and municipalities directly under the central government approval authority, subject to approval by the local people's governments at or above the county level;Where the occupation of agricultural land is involved, the examination and approval procedures shall be gone through in accordance with the provisions of article 44 of this law.

Land for construction purposes for enterprises to be set up in accordance with the provisions of the preceding paragraph must be strictly controlled.Provinces, autonomous regions and municipalities directly under the central government may, in accordance with the different trades and business scales of township enterprises, stipulate the standards for land use.

Article 61 where land is needed for the construction of public facilities and public welfare undertakings in townships (towns), an application shall be submitted to the land administrative departments of the local people's governments at or above the county level after examination and verification by the township (town) people's governments.Where the occupation of agricultural land is involved, the examination and approval procedures shall be gone through in accordance with the provisions of article 44 of this law.

Article 62 each rural villager may own only one house site, the area of which shall not exceed the standards prescribed by the province, autonomous region or municipality directly under the central government.

The construction of houses by rural villagers shall conform to the general plans for the utilization of land at the township (town) level, and the original homestead and vacant land within the village shall be used as much as possible.

Residential land for rural villagers shall be examined and approved by the people's government of the township (town) and approved by the people's government at the county level;Where the occupation of agricultural land is involved, the examination and approval procedures shall be gone through in accordance with the provisions of article 44 of this law.

Rural villagers who sell or rent their houses and then apply for housing sites shall not be approved.

Article 63 the right to the use of land owned by peasant collectives shall not be leased, transferred or leased for non-agricultural construction.However, enterprises that comply with the general plans for the utilization of land and acquire the land for construction according to law are excluded from those that transfer the right to the use of land according to law due to bankruptcy, merger or other circumstances.

Article 64 buildings and structures that have been built prior to the formulation of the general plans for the utilization of land and do not conform to the purposes specified in the general plans for the utilization of land may not be rebuilt or expanded.

Article 65 under any of the following circumstances, rural collective economic organizations may recover the right to the use of the land with the approval of the people's government that originally approved the use of the land:

(1) Land needed for building public facilities and public welfare undertakings of townships (towns) and villages;

(2) Land not used in accordance with the purposes approved;

(3) land is no longer used for reasons such as cancellation or removal.

Appropriate compensation shall be given to the land-use right holders for the recovery of land owned by peasant collectives in accordance with subparagraph (1) of the preceding paragraph.

Chapter vi supervision and inspection

Article 66 the land administrative departments of the people's governments at or above the county level shall supervise and inspect ACTS that violate the land administrative laws and regulations.

Land management supervisors and inspectors shall be familiar with land management laws and regulations, be loyal to their duties and enforce laws impartially.

Article 67 land administrative departments of the people's governments at or above the county level shall have the right to take the following measures in performing their duties of supervision and inspection:

(1) to ask units or individuals under inspection to provide documents and materials relating to land rights for inspection or to make copies thereof;

(2) to demand explanations from units or individuals under inspection concerning land rights;

(3) to enter the land illegally occupied by the units or individuals under inspection and conduct on-the-spot investigation;

To order units or individuals that have illegally occupied land to stop their ACTS of violating land administration laws and regulations.

Article 68 land administration supervision and inspection personnel who, in performing their duties, need to enter the site for investigation and require relevant units or individuals to provide documents, materials and explanations shall produce certificates for land administration supervision and inspection.

Article 69 the units and individuals concerned shall support and cooperate with the land administrative departments of the people's governments at or above the county level in their supervision and inspection of land illegal ACTS and provide convenience for their work.

Article 70 if the land administrative departments of the people's governments at or above the county level find illegal ACTS by state functionaries in the course of supervision and inspection, they shall be given administrative sanctions according to law and shall be dealt with according to law.If they have no power to deal with it, they shall submit a proposal for administrative sanctions to the administrative supervisory organs of the people's governments at the same level or at a higher level. The relevant administrative supervisory organs shall deal with it according to law.

Article 71 if the land administrative departments of the people's governments at or above the county level find in their supervision and inspection work that land illegal ACTS constitute crimes, they shall transfer the case to the relevant organs and investigate the criminal responsibility according to law.If the case does not constitute a crime, administrative punishment shall be imposed according to law.

Article seventy-two shall be given administrative punishment in accordance with the provisions of the related land administrative departments shall be given administrative punishment, the superior people's government of the land administrative departments shall have the right to order the related land administrative departments of make a decision on administrative penalty or administrative sanctions shall be imposed directly, and to give the person in charge of the related land administrative departments of administrative sanctions.

Chapter vii legal liability

Article 73 land administrative departments of the people's governments at or above the county level shall confiscate the illegal incomes of those who buy, sell or illegally transfer land by other means.For those who, without authorization, change agricultural land into construction land in violation of the general plans for the utilization of land, the buildings and other facilities newly built on the illegally transferred land shall be dismantled within a time limit to restore the land to its original state; for those that conform to the general plans for the utilization of land, the buildings and other facilities newly built on the illegally transferred land shall be confiscated;Fines can be imposed;The person-in-charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law.

In violation of the provisions of article seventy-four of cultivated land to build kilns, graves or houses on cultivated land or to dig sand, collect stones, do mining and carry soil away from, destroy the planting conditions, or due to the development of land desertification, salinization, land administrative departments of the people's governments at or above the county level shall order correction within a time limit or governance, a fine may concurrently be imposed;If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 75 whoever, in violation of the provisions of this law, refuses to perform the obligation of land reclamation shall be ordered by the land administrative departments of the people's governments at or above the county level to make corrections within a time limit.Those who fail to make corrections within the time limit shall be ordered to pay reclamation fees, which shall be used for land reclamation and may be fined.

Article seventy-six without permission or approval, to take such a dishonest way of illegal occupation of land, the land administrative departments of the people's governments at or above the county level shall be ordered to return the illegal occupation of land, in violation of general plans for land use change the agricultural land to construction land without authorization, demolished in illegal occupation of land within a time limit on new buildings and other facilities, restore the land to its original state, to comply with the provisions of the general land use planning, confiscate the illegal occupation of land in new buildings and other facilities, a fine may concurrently be imposed;The persons in charge directly responsible and other persons directly responsible of the units that illegally occupy land shall be given administrative sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law.

The occupation of land in excess of the approved amount shall be regarded as illegal occupation of land.

Article 77 where rural villagers illegally occupy land for building houses without approval or by means of deception, the land administrative departments of the people's governments at or above the county level shall order them to return the land illegally occupied and dismantle the newly built houses on the land illegally occupied within a time limit.

Land occupied in excess of the standards prescribed by provinces, autonomous regions and municipalities directly under the central government shall be regarded as illegal occupation of land.

Article seventy-eight the right to approve the collection and use of land units or individuals that have occupied land illegally approved, beyond the approval authority illegal occupation of land, is not determined in accordance with the general land use planning of land use approval, or in violation of the provisions of laws, land approval to take up, the approval document is invalid, illegal, who is directly responsible for collection and use of land with the approval of the person in charge and other directly responsible personnel, shall be given administrative sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law.The land illegally approved or used shall be recovered. If the parties concerned refuse to return the land, the case shall be regarded as illegal occupation of land.

Those who illegally approve the expropriation or use of land and cause losses to the parties concerned shall be liable for compensation according to law.

Article 79 whoever encroaches on or misappropriates the land expropriation compensation expenses and other relevant expenses of the land expropriated units, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law.

Article 80 if the party concerned refuses to give up the land after the recovery of the right to the use of state-owned land according to law, refuses to give back the land after the expiration of the temporary use period, or fails to use state-owned land according to the approved purposes, the land administrative departments of the people's governments at or above the county level shall order the return of the land and impose a fine.

Article 81 anyone who without authorization transfers, transfers or leases the right to the use of land owned by peasant collectives for non-agricultural construction shall be ordered by the land administrative departments of the people's governments at or above the county level to make corrections within a time limit, have his illegal gains confiscated and be fined.

Article 82 those who fail to go through the land alteration registration in accordance with the provisions of this law shall be ordered by the land administrative departments of the people's governments at or above the county level to do so within a time limit.

Article 83 where, in accordance with the provisions of this law, the construction unit or individual is ordered to dismantle within a time limit the buildings and other facilities newly built on the land illegally occupied, the construction unit or individual must immediately stop the construction and dismantle them themselves;If the construction continues, the organ that has made the decision on punishment shall have the right to stop it.If the construction unit or individual refuses to accept the decision on the administrative penalty of ordering the demolition within a time limit, it may, within 15 days of receiving the decision, bring a suit in a people's court;If, within the time limit, he neither brings a suit nor dismantles it himself, the organ that has made the decision on punishment shall apply to the people's court for compulsory execution in accordance with law, and the offender shall bear the expenses.

Article 84 any staff member of the land administrative department who neglects his duty, abuses his power or engages in malpractices for personal gain, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be imposed according to law.

Chapter viii supplementary provisions

Article 85 this law shall apply to the use of land by chinese-foreign equity joint ventures, chinese-foreign contractual joint ventures and foreign-capital enterprises.If the law provides otherwise, such provision shall prevail.

Article 86 this law shall enter into force as of January 1, 1999.

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