Land Administration Law of the People's Republic of China

Land Administration Law of the People's Republic of China Adopted at the 16th Meeting of the Standing Committee of the Sixth National People'sCongress on June 25, 1986, amended in pursuance of the(Decision on the Amendment of the LandAdministration Law of the People's Republic of China) made at the 5th Meeting of the StandingCommittee of the Seventh National People's Congress on December 29, 1988 and revised at the 4thMeeting of the Standing Committee of the Ninth National People's Congress on August 29, 1998. Chapter I General Provisions Chapter I General Provisions Article 1This Law is enacted in accordance with the Constitution with a view to strengthening landadministration, safeguarding the socialist public ownership of land, protecting and developing landresources, rationally utilizing the land, earnestly protecting the cultivated land and promotingsustainable socio-economic development. Article 2 The People's Republic of China practises the socialist public ownership of land, namelyownership by the whole people and collective ownership by the laboring masses.Ownership by the whole people namely the ownership of state-owned land shall be exercisedby the State Council on behalf of the state.No unit or individual shall infringe on and occupy, buy and sell or illegally transfer land inother forms. Land use right may be transferred in accordance with law.The state may, one of necessity of public interest, requisition land collectively owned inaccordance with law.The state practises the system of paid-for use for state-owned land in accordance with law.However, appropriation of state-owned land use right by the state within the scope prescribed by lawis excluded. Article 3Most sparing and rational land utilization and earnest protection of cultivated landconstitute China's basic state policy. People's governments at all levels should take measures inoverall planning, strict administration, protection and development of land resources and curbingillegal acts of occupation of land. Article 4 The state practises the system of land use control.The state compiles overall planning for land utilization, provides for land uses and classifiesland as farm land, land for construction and un-utilized land. Strict restriction shall be imposed onturning farm land into land for construction, quantum of land for construction shall be controlled andspecial protection provided for cultivated land.Farm land referred to in the preceding paragraph means land used directly for agriculturalproduction including cultivated land, forest land, grassland, land for farmland water conservancyand water surface for cultivation and breeding; land for construction means land for buildingconstructions and structures including land for urban and rural residences and public facilities, landfor industries and mines, land for communications and water conservancy works, land for tourismand land for military installations; un-utilized land means land other than farm land and land forconstruction.Any unit or individual that uses land must use the land in strict accordance with the usesdetermined by the overall planning for land utilization. Article 5 The competent department of land administration under the State Council shall beuniformly responsible for the work of land administration and supervision nationwide.The establishment of competent departments of land administration of local people'sgovernments at or above the county level and their responsibilities shall be determined by thepeople's governments of the provinces, autonomous regions and municipalities directly under theCentral Government pursuant to the relevant provisions of the State Council.Article 6Any unit or individual has the obligation to abide by the laws and regulations on landadministration and has the right to report on or file a charge against any act violating the laws andregulations on land administration. Article 7Units and individuals that have made remarkable achievements in the protection anddevelopment of land resources, rational utilization of land and conduct of related scientific researchshall be rewarded by the people's government.Chapter II Land Ownership and Use Right Article 8Land in urban areas of cities belongs to the state.Land in rural areas and suburban areas of cities excluding those belonging to the stateprescribed by law belongs to peasants' collective ownership; house sites, land allotted for personalneeds and hilly land allotted for private use belongs to peasants' collective ownership. Article 9State-owned land and land collectively owned by peasants may be determined inaccordance with law to be used by units or individuals. Units and individuals using the land have theobligation to protect, manage and rationally utilize the land. Article 10 Peasants' collectively-owned land that belongs to peasants' collective ownership of avillage according to law shall be managed and administered by the village collective economicorganization or villagers' committee; the land that belongs separately to more than two ruralcollective economic organizations and owned collectively by peasants shall be managed andadministered by the respective rural collective economic organizations or villagers' teams; the landthat belongs to village(township) peasants' collective ownership shall be managed and administeredby the village(township) rural collective economic organization. Article 11 People's governments at the county level shall enter into registration in a register, issuecertificates in confirmation of the ownership for the land collectively owned by peasants.People's governments at the county level shall enter into registration in a register, issuecertificates in confirmation of the land use right for construction for land collectively owned bypeasants to be used for non-agricultural construction in accordance with law. People's governmentsat or above the county level shall enter into registration in a register and issue certificates inconfirmation of the right to use for state-owned land used by units and individuals in accordancewith law; among which the specific registration and certificate-issuing organ for state-owned landused by the Party and state organs shall be determined by the State Council. Confirmation ofownership or the right to use of forest land and grassland, confirmation of the right to use forcultivation and breeding of water surface and beaches and shoals shall be handled pursuant to therelevant provisions of the ((Forest Law of the People's Republic of China)),the ((Grassland Law ofthe People's Republic of China)) and the ((Fishery Law of the People's Republic of China)). Article 12Whoever changes land ownership and use in accordance with law should go throughformalities of change in registration of land. Article 13The land the ownership and the right to use of which have been registered in accordancewith law is protected by law, upon which no unit and individual shall infringe. Article 14Land collectively owned by peasants shall be contracted for management by members ofthe respective collective economic organization for cultivation, forestry, animal husbandry andfishery production. The duration of land contracting and management shall be 30 years. The contractissuing party and the contractor should conclude a contract agreeing on the rights and obligations ofboth parties. Peasants who contract management of the land have the obligation to protect and utilizethe land pursuant to the agreement in the contract. Peasants' right to contract land for management isprotected by law.Within the duration of land contracting and management, in the event of appropriate adjustmentof land contracted among individual contractors, it must have the consent of over two thirds of themembers of the villagers' conference or over two thirds of the villagers' representatives, and besubmitted to the competent department of agriculture administration of village(township) people'sgovernment and people's government at the county level for approval. Article 15State-owned land may be contracted for management by units or individuals forcultivation, forestry, animal husbandry and fishery production. Land collectively owned by peasantsmay be contracted and managed by units or individuals other than those in the collectiveeconomic organization for cultivation, forestry, animal husbandry and fishery production. Thecontract issuing party and the contractor should conclude a contract agreeing on the rights andobligations of both parties. The duration of land contracting and management shall be agreed on inthe contract. The units and individuals that contract the land for management have the obligation toprotect and rationally utilize the land pursuant to the use agreed on in the contract.For land collectively owned by peasants contracted out for management by units or individualsother than those in the respective collective economic organization, it must have the consent of overtwo thirds of the members of the peasants' conference or over two thirds of the villagers'representatives and be submitted to the village(township) people's government for approval. Article 16Disputes over land ownership and the right to use shall be resolved by the partiesinterested through consultation; it shall be handled by the people's government in the event of failureof consultation.Disputes between units shall be handled by people's governments at or above the county level;disputes between individuals and those between an individual and a unit shall be handled by thevillage-level people's governments or people's governments at or above the county level.The party interested that refuses to obey the decision on the handling by the people'sgovernment concerned may, within 30 days starting from the date of receipt of the notice on thedecision on handling, file a suit at a people's court.Neither party shall alter the status of land utilization prior to the resolution of the dispute overthe land ownership and the right to use.Chapter III Overall Planning for Land Utilization Article 17People's governments at all levels should, pursuant to the planning for national socioeconomicdevelopment, requirements of territorial treatment and resources and environmentprotection, land supply ability as well as the demand for land for various construction, organize thecompilation of overall planning for land utilization.The duration of planning for overall planning for land utilization shall be determined by theState Council. Article 18The overall planning for land utilization at the lower level shall be compiled pursuant tothe overall planning for land utilization at the next higher level.The quantum of land for construction in the overall planning for land utilization compiled bylocal people's governments at all levels shall not exceed the control targets determined in the overallplanning for land utilization at the next higher level, and the quantum of preserved cultivated landshall not be lower than the control targets determined by the overall planning for land utilization atthe next higher level.The overall planning for land utilization compiled by people's governments of the provinces,autonomous regions and municipalities directly under the Central Government should ensure thatthere is no reduction in the quantum of cultivated land within their respective administrative areas. Article 19The overall planning for land utilization shall be compiled in accordance with thefollowing principles:(1) strict protection of basic farmland, control of occupation of farmland for non-agriculturalconstruction;(2) improvement of land use rate;(3) overall arrangement for land for various purposes and various areas;(4) protection and improvement of the ecological environment, and guarantee of sustainableland use; and(5) balance between occupation of cultivated land and development and reclamation ofcultivated land. Article 20The overall planning for land utilization at the county level should delimit land use zonesand define land uses.Village(township) overall planning for land utilization should delimit land use zones, determinethe use of every plot of land on the basis of the conditions for land use and an announcement to theeffect shall be made. Article 21Overall planning for land utilization shall be examined and approved by different levels.The overall planning for land utilization of the provinces, autonomous regions andmunicipalities directly under the Central Government shall be submitted to the State Council forapproval.The overall planning for land utilization of municipalities wherein the people's governments ofthe provinces and autonomous regions are located and municipalities of a population of over onemillion as the municipalities designated by the State Council shall, upon the examination andconsent of the people's governments of the provinces and autonomous regions, be submitted to theState Council for approval.The overall planning for land utilization other than those prescribed in the Second Paragraphand Third Paragraph of this Article shall be submitted level by level to the people's governments ofthe provinces, autonomous regions and municipalities directly under the Central Government forapproval; among which the village(township) overall planning for land utilization may be approvedby the people's governments of municipalities and autonomous prefectures with subordinate districtswith authorization by the people's governments at the provincial level.The overall planning for land utilization once approved must be strictly implemented. Article 22The scale of land used for urban construction should meet the standards set by the state,full use of the existing land for construction should be made, and no farmland or as less as possiblefarmland should be occupied.Urban overall planning, village and township planning should be coupled with overall planningfor land utilization, the scale of land used for construction in urban overall planning, village andtownship planning must not exceed the scale of land used for urban, village and townshipconstruction determined in the overall planning for land utilization.Within urban planning zones, village and township planning zones, land used for urban, villageand township construction should accord with urban planning and village and township planning. Article 23 Planning for integrated harnessing, development and exploitation of rivers and lakesshould be coupled with overall planning for land utilization. Within the range of administration andprotection of rivers, lakes and reservoirs as well as within flood storage areas and flood detentionareas, land utilization should accord with the planning for integrated harnessing, development andexploitation of rivers and lakes, accord with the requirements for flood passage, flood storage anddischarge of water in river courses and lakes. Article 24People's governments at all levels should strengthen administration of land utilization planand practise quantum control of land used for construction.Annual land use plan shall be compiled pursuant to the national socio-economic developmentplan, state industrial policies, overall planning for land utilization as well as the actual conditions ofland used for construction and land utilization. The annual land use plan, the procedures for thecompilation, examination and approval of which are identical to those for the compilation,examination and approval of the overall planning for land utilization, once examined, approved andtransmitted to the lower levels, must be strictly adhered to. Article 25 People's governments of the provinces, autonomous regions and municipalities directlyunder the Central Government should list the state of implementation of the annual land use plan ascontent of the state of implementation of the national socio-economic development plan and reportto the people's congresses at the corresponding level. Article 26Revision of the approved overall planning for land utilization must be submitted to theoriginal approval organ for approval; no alteration shall be made in land uses determined in theoverall planning for land utilization without approval.In case of necessity of alteration in overall planning for land utilization for land for constructionof big-size energy, transport and water conservancy infrastructure approved by the State Council,revision of the overall planning for land utilization shall be made pursuant to the approval documentof the State Council.In case of necessity of alteration in overall planning for land utilization for land for constructionof energy, transport and water conservancy infrastructure approved by people's governments of theprovinces, autonomous regions and municipalities directly under the Central Government, where itfalls within the authority of approval for the overall planning for land utilization of people'sgovernments at the provincial level, revision of the overall planning for land utilization shall bemade pursuant to the approval document of the people's governments at the provincial level. Article 27The state establishes the land survey system.The competent departments of land administration of people's governments at and above thecounty level shall, in conjunction with the departments concerned at the corresponding level,conduct land survey. Land owners or users should cooperate in the survey and provide relevantmaterials. Article 28The competent departments of land administration of people's governments at and abovethe county level shall, in conjunction with the departments concerned at the corresponding level andin pursuance of land survey results, planned land uses and uniform standards set by the state,evaluate the grades of land. Article 29The state establishes land statistics system.The competent departments of land administration of people's governments at and above thecounty level and the statistics departments at the corresponding level jointly formulate statisticalsurvey schemes, carry our land statistics in accordance with law and publish land statisticalinformation at regular intervals. Land owners or users should provide relevant information and mustnot make false reports, concealments, refuse to report and delay in report.The competent departments' of land administration and statistics departments' jointly publishedland area statistical information constitute the basis of people's governments at all levels for thecompilation of overall planning for land utilization. Article 30The state establishes the national land administration information system for dynamicmonitoring of the state of land utilization.Chapter IV Cultivated Land Protection Article 31 The state protects cultivated land and strictly controls turning cultivated land into noncultivated land.The state practises the system of compensation for the occupation and use of land. For theoccupation and use of cultivated land for non-agricultural construction with approval, the unit thatoccupies and uses cultivated land shall be responsible for the reclamation of cultivated landequivalent to the quantity and quality of cultivated land occupied and used in accordance with theprinciple of "quantity of reclaimed land being equivalent to that occupied"; where there are noconditions for reclamation or the reclaimed land does not conform to requirements, cultivated landreclamation fee should be paid as prescribed by the provinces, autonomous regions andmunicipalities directly under the Central Government, the special-purpose fund shall be used for thereclamation of new cultivated land.People's governments of the provinces, autonomous regions and municipalities directly underthe Central Government should work out cultivated land reclamation plan, supervise units thatoccupy and use cultivated land in the reclamation of cultivated land in accordance with the plan or inthe organization of reclamation of cultivated land in accordance with the plan and carry outacceptance checks. Article 32Local people's governments at and above the county level may demand the units thatoccupy and use cultivated land to use the soil of the cultivated layer of cultivated land for soilimprovement of newly reclaimed cultivated land, inferior quality land or other cultivated land. Article 33People's governments of the provinces, autonomous regions and municipalities directlyunder the Central Government should strictly implement the overall planning for land utilization andannual land use plan and take measures to ensure that there is no decrease in the quantum ofcultivated land within their respective administrative areas; where there is decrease in the quantumof cultivated land, the locality shall be ordered by the State Council to organize reclamation ofcultivated land the quantity and quality of which is equivalent to those reduced within the specifiedtime period, and the competent department of land administration under the State Council shall inconjunction with the competent department of agriculture administration conduct acceptance checks.Individual province or municipality directly under the Central Government whose quantum of newlyreclaimed cultivated land is not adequate to compensate the quantum of cultivated land occupiedand used after land used for newly added construction for paucity of reserve land resources, a reportmust be submitted to the State Council for approval for the reduction and exemption of the quantityof reclamation of cultivated land within the respective administrative area and reclamation be carriedout in another place. Article 34The state practises the system of protection for basic farmland. The following cultivatedland shall be included in the basic farmland protection zones in accordance with the overall planningfor land utilization and strict administration exercised:(1) cultivated land within production bases for food grains, cotton and oils determined uponapproval by the competent departments concerned under the State Council or local people'sgovernments at and above the county level;(2) cultivated land with good water conservancy and water and soil conservation works,medium and low yield farmland the transformation plan of which is being carried out as well asthose that may be transformed;(3) production bases for vegetables;(4) experimental plots for agricultural scientific research and teaching; and(5) other cultivated land that should be included in basic farmland protection zones asprescribed by the State Council.The basic farmland delimited by the provinces, autonomous regions and municipalities directlyunder the Central Government should account for over eighty percent of the cultivated land withinthe respective administrative areas.A basic farmland protection zone shall be delimited and demarcated with a village(township) asa unit, the delimitation of a zone and demarcation of the boundary shall be organized and carried outby the competent department of people's government at the county level in conjunction with thecompetent department of agriculture administration at the same level. Article 35People's governments at all levels should take measures to maintain irrigation and drainageworks, improve soil and soil fertility, prevent land desertification, salinization, water and soilerosion and land pollution. Article 36 Economy in land use must be practised for non-agricultural construction, no cultivatedland shall be occupied and used where barren land can be used; no good land shall be occupied andused where inferior land can be used.Occupation and use of cultivated land for setting up kilns, building tombs or building of houses,sand digging, quarrying, mining and earth gathering on cultivated land without authorization shall beprohibited.Occupation and use of basic farmland for the development of forestry and fruit industry anddigging of ponds for fish breeding shall be prohibited. Article 37All units and individuals shall be prohibited to let cultivated land lie idle or make it barren.The cultivated land occupied and used for non-agricultural construction the formalities ofexamination and approval of which have been completed which has been left unused within a yearbut may be cultivated and harvested should be recultivated by the collective or individuals thatpreviously cultivated the said plot of cultivated land, and cultivation may be organized by the landuse unit; where construction has not been started for over a year, idle fee should be paid inaccordance with the provisions of the provinces, autonomous regions and municipalities directlyunder the Central Government; where the land has not been used for two consecutive years, thepeople's government at the county level shall, subject to the approval of the original approval organ,withdraws the land use right of the land use unit without compensation; the said plot of landpreviously collectively owned by peasants should be handed back to the original rural collectiveeconomic organization for resumption of cultivation.Idle land the land use right of which has been obtained in the form of transfer for real estatedevelopment within the range of an urban planning zone shall be handled in pursuance of therelevant provisions of the ((Urban Real Estate Administration Law of the People's Republic ofChina)).For a unit or an individual contracting the management of cultivated land that let the landuncultivated and lie barren, the original contract issuing unit should terminate the contract andwithdraw the cultivated land contracted. Article 38The state encourages units and individuals in the development of unexploited land inaccordance with the overall planning for land utilization and under the prerequisite of protection andimprovement of the ecological environment, prevention of water and soil erosion and landdesertification; the land suitable to be developed into agricultural land should be developed intoagricultural land on a priority basis.The state protects the legitimate rights and interests of developers in accordance with law. Article 39Reclamation of unexploited land must undergo scientific authentication and evaluation andit must be carried out within the reclaimable areas delimited in the overall planning for landutilization upon approval in accordance with law. Reclamation of cultivated land through destructionof forests and prairie shall be prohibited, reclaiming farmland from lakes and infringement on shoalsof rivers shall be prohibited.The land reclaimed and land reclaimed from lakes with the destruction of the ecologicalenvironment shall, in accordance with the overall planning for land utilization, be returned to forests,grazing and lakes in a planned way and step by step. Article 40Development of state-owned barren hills, barren land and barren shoals the right to use ofwhich is undetermined for cultivation, forestry, animal husbandry and fishery production may,subject to approval by people's government at or above the county level, be determined and given todevelopment units or individuals for long-term use. Article 41The state encourages land arrangement. County, village(township) people's governmentsshould organize rural collective economic organizations in integrated treatment of farmland, water,roads, woods and villages in accordance with the overall planning for land utilization to improve thequality of cultivated land, increase the area of effective cultivated land and improve conditions foragricultural production and the ecological environment.Local people's governments at all levels should take measures to transform the medium and lowyield plots, treat idle and scattered plots and abandoned plots. Article 42For destruction of land caused by damage due to digging, caving in and pressurizedoccupation, the land use unit and individual should, in accordance with relevant state provisions, beresponsible for the reclamation; where there are no conditions for reclamation or reclamation doesnot conform to requirements, land reclamation fee should be paid to be used specifically for landreclamation. The reclaimed land should be used for agriculture on a priority basis.Chapter V Land for Construction Article 43Any unit or individual that needs to use land for construction must apply for the use ofstate-owned land in accordance with law; however, use of land collectively owned by peasants bythe respective collective economic organization approved in accordance with law for theestablishment of rural and township enterprises and construction of residences by villagers, or use ofland collectively owned by peasants approved in accordance with law for the construction of village(township)public facilities and non-profit undertakings is excluded.Application for the use of state-owned land in accordance with law referred to in the precedingparagraph includes the state-owned land and the land that originally belonged to collectiveownership by peasants and has been requisitioned by the state. Article 44For occupation and use of land for construction involving turning agricultural land intoland for construction, formalities of examination and approval for turning agricultural land into otheruses should be completed.Occupation and use of land involving turning agricultural land into land for construction forconstruction projects of roads, pipelines, cables and big-size infrastructure approved by people'sgovernments of the provinces, autonomous regions and municipalities directly under the CentralGovernment and construction projects approved by the State Council shall be subject to the approvalof the State Council.Turning agricultural land into land for construction for the implementation of the said planningwithin the scale of land for construction for municipalities and villages and townships determined bythe overall planning for land utilization shall be subject to the approval of the organ that originallyapproved the overall planning for land utilization in batches in accordance with the annual landuse plan. Within the scope of agricultural land turning into other uses already approved, land forspecific construction projects can be approved by municipal and county people's governments.Occupation and use of land involving turning agricultural land into land for construction forconstruction projects other than those prescribed in the Second Paragraph and Third Paragraph ofthis Article shall be subject to the approval of people's governments of the provinces, autonomousregions and municipalities directly under the Central Government. Article 45Requisition of the following land shall be subject to the approval of the State Council:(1) basic farmland;(2) cultivated land other than the basic farmland exceeding 35 hectares; and(3) other land exceeding 70 hectares.Requisition of land other than those prescribed in the preceding paragraph shall be subject tothe approval of people's governments of the provinces, autonomous regions and municipalitiesdirectly under the Central Government, and submitted to the State Council for the record.For the requisition of agricultural land, formalities of examination and approval for turningagricultural land into other uses should be completed beforehand in accordance with the provisionsof Article 44 of this Law. Among which, for agricultural land turned into other use approved by theState Council, formalities for examination and approval for land requisition shall be processedsimultaneously, and no separate formalities of examination and approval shall be gone through; foragricultural land turned into other uses approved by people's governments of the provinces,autonomous regions and municipalities directly under the Central Government within the limits ofauthority for the approval of land requisition, formalities for examination and approval of landrequisition shall be processed simultaneously, and no separate formalities of examination andapproval for land requisition shall be gone through, where it is beyond the limits of authority for theapproval of land requisition, separate formalities of examination and approval of land requisitionshould be completed pursuant to the provisions of the First Paragraph of this Article. Article 46For land requisitioned by the state, local people's governments at or above the county levelshall, upon approval pursuant to legal procedures, make an announcement and and organize itsimplementation. Owners and persons of the right to use of the requisitioned land should, within thespecified time period of the announcement, bring the ownership certificates to the competentdepartments of the local people's governments to enter into registration for compensation for landrequisition. Article 47For requisition of land, compensation shall be given in accordance with the original use ofthe requisitioned land.Compensation fee for the cultivated land requisitioned include land compensation fee, subsidyfor resettlement as well as compensation fee for ground appendixes and young crops. Landcompensation fee for the cultivated land requisitioned shall be six to ten times of the average annualoutput value in the three years prior to requisition. Subsidy for resettlement for the cultivated landrequisitioned shall be calculated on the basis of the agricultural population that requires resettlement.The agricultural population that requires resettlement shall be calculated on the basis of the amountof cultivated land requisitioned divided by the average per capita occupancy of cultivated land of theunit requisitioned. The rate of subsidy for resettlement per head of the agricultural population thatrequires resettlement shall be four to six times of the average annual output value in the three yearsprior to requisition of the said cultivated land. However, the maximum subsidy for resettlement forcultivated land requisitioned per hectare shall not exceed fifteen times of the average annual outputvalue in the three years prior to the requisition.The rate of land compensation fee and subsidy for resettlement for the requisition of other landsshall be fixed by the provinces, autonomous regions and municipalities directly under the CentralGovernment, taking the rate of land compensation fee and subsidy for resettlement for therequisition of cultivated land as reference.Rate of compensation for ground appendixes and young crops on the requisitioned land shall befixed by the provinces, autonomous regions and municipalities directly under the CentralGovernment.For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuantto relevant state provisions, pay to the new vegetable plot development and construction fund.Additional subsidy for resettlement may be provided for those peasants who requireresettlement and cannot maintain their original living standards on the basis of land compensationfee and subsidy for resettlement the payment of which is effected pursuant to the provisions of theSecond Paragraph of this Article subject to the approval of people's governments of the provinces,autonomous regions and municipalities directly under the Central Government. However, the totalof land compensation fee and subsidy for resettlement shall not exceed thirty times of the averageannual output value in the three years prior to requisition of the land.The State Council may, in accordance with the level of socio-economic level, increase the rateof land compensation fee and subsidy for resettlement under extraordinary circumstances. Article 48Upon determination of the scheme for compensation and resettlement for land requisition,the local people's government concerned should make an announcement and seek the views of therural collective economic organization and peasants of the requisitioned land. Article 49The rural collective economic organization of the requisitioned land should publish therevenue and expenditure of the compensation fee of the requisitioned land for the members of therespective collective economic organization and accept supervision.It is forbidden to embezzle or divert the land compensation fees and other related expenses. Article 50 Local people's governments at all levels should provide support for rural collectiveeconomic organizations and peasants of the requisitioned land for development and managementand establishment of enterprises. Article 51 Rate of compensation for land requisitioned for construction of big- and medium-sizewater conservancy works and hydropower projects shall be fixed and measures for emigrantresettlement formulated separately by the State Council. Article 52The competent department of land administration may, during the feasibility study andauthentication of a construction project, examine the matters related to the land for construction andput forth suggestions in accordance with the overall planning for land utilization, the annual land useplan and standards for land for construction. Article 53 For an approved construction project that needs to use state-owned land for construction,the construction unit should bring the relevant documents prescribed by laws and regulations andfile an application at the competent department of land administration of the people's government ator above the county level that has the authority of approval which shall be submitted to the people'sgovernment at the corresponding level for approval upon examination by the competent departmentof land administration. Article 54Use of state-owned land for a construction project should be obtained in the form of paidforuse such as transfer; however, the following use of land for construction may be obtained in theform of appropriation subject to the approval of the people's government at or above the county levelin accordance with law:(1) land use by state organs and land use for military purposes;(2) land use for urban infrastructure and land use for non-profit undertakings;(3) land use for such infrastructure as energy, communications and water conservancy to whichthe state renders key support; and(4) other land uses prescribed by laws and administrative regulations. Article 55A construction unit with the obtainment of land use right of state-owned land in the formof paid-for use such as transfer may use the land only upon the payment of fee for paid-for land useand other fees such as land use right transfer fund in accordance with the standards and measuresprescribed by the State Council.As of the date of coming into effect of this Law, of the paid-for land use fee of newly-addedland for construction, 30% shall be handed over to the central finance and 70% shall be retained bythe local people's government concerned, and both shall be used specifically for the development ofcultivated land. Article 56 A construction unit that uses state-owned land should use the land in accordance with theagreement in the contract for paid-for use for the transfer of land use right or the provisions of theapproval document on the appropriation of land use right; where change in the use for constructionof the said plot of land is necessitated, it should be subjected to the consent of the competentdepartment of the people's government concerned and submitted to the people's government thatoriginally approved the land use for approval. Among them, for change in the use of land within anurban planning zone, consent of the competent department of urban planning should be sought firstprior to submission for approval. Article 57Construction of a construction project and geological survey that need to temporarily usestate-owned land or land collectively owned by peasants, it shall be subject to the approval of thecompetent department of land administration of the people's government at or above the countylevel. Among which, for temporary use of land within an urban planning zone, consent of thecompetent department of urban planning should be sought first prior to submission for approval. Theland user should conclude a contract for the temporary use of the land with the competentdepartment of land administration concerned or the rural collective economic organization andvillagers' committee in accordance with the ownership of the land, and effect the payment ofcompensation fee for the temporary use of the land.User of temporary use of the land should use the land according to the use agreed on in thecontract for the temporary use of the land and shall not construct permanent constructions thereon.The duration of temporary use of land shall generally not exceed two years. Article 58The right to use of state-owned land may, subject to the approval of the people'sgovernment that originally approved the use of land or the people's government with authority ofapproval upon submission by the competent department of land administration of the people'sgovernment concerned, be withdrawn for any of the following circumstances:(1) land use required for public interest;(2) adjustment in land use necessitated by reconstruction of old urban districts in implementingurban planning;(3) failure of the land user to apply for extension or failure of obtaining approval for theapplication for extension on expiry of the duration of use agreed on in the contract for paid-for usein land transfer;(4) stoppage of the use of state-owned land previously appropriated as a result of disbandmentor moving of the unit; and(5) highways, railways, airports and mines phased out upon verification and approval.For withdrawal of the right to use of state-owned land pursuant to the First Section and SecondSection of the preceding paragraph, appropriate compensation should be given to the land use rightholder. Article 59Rural(township) construction such as rural and township enterprises, rural(township)public facilities, non-profit undertakings, and villagers' residences should, in accordance with villageand township planning, have a rational layout, integrated development and matching construction;land for construction should conform to the rural(township)overall planning for land utilization andannual land use plan and formalities of examination and approval should be completed pursuant tothe provisions of Articles 44, 60, 61, and 62 of this Law. Article 60For the establishment of an enterprise using the land for construction determined by theoverall planning for rural(township) land utilization by a rural collective economic organization orjoint establishment of an enterprise with other units and individuals in the form of equityparticipation of land use right and joint operations, an application should be filed at the competentdepartment of land administration of the local people's government at or above the county level withthe approval document which shall be subject to the approval of local people's government at orabove the county level pursuant to the limits of authority of approval prescribed by the provinces,autonomous regions and municipalities directly under the Central Government; among them, forcases involving occupation and use of agricultural land, formalities of examination and approvalshall be completed pursuant to the provisions of Article 44 of this Law.Land for construction for the establishment of enterprises pursuant to the provisions of thepreceding paragraph must be strictly controlled. The provinces, autonomous regions andmunicipalities directly under the Central Government may, in accordance with the different tradesand management scale of rural and township enterprises, provide respectively for the standards forland use. Article 61For land use required for the construction of rural(township)public facilities and non-profitundertakings, an application shall be filed at the competent department of land administration ofthe people's government at or above the county level upon examination and verification by thevillage(township) people's government and subject to the approval of the local people's governmentat or above the county level pursuant to the limits of authority of approval prescribed by theprovinces, autonomous regions and municipalities directly under the Central Government; amongthem, for cases involving use of agricultural land, formalities of examination and approval shall becompleted pursuant to the provisions of Article 44 of this Law. Article 62One household of villagers in a rural area can only possess one house site the area ofwhich shall not exceed the standards prescribed by the provinces, autonomous regions andmunicipalities directly under the Central Government.Construction of villagers' residences in the rural areas should conform to the overall planningfor rural(township) land utilization, and the best possible use of original house sites and idle land inthe villages should be made.Land use for villagers' residences in the rural areas shall be subject to the approval of thepeople's government at the county level upon examination and verification by the village(township)people's government; among them, for cases involving occupation and use of agricultural land,formalities of examination and approval shall be completed pursuant to the provisions of Article 44of this Law.Reapplication for a house site by a villager in a rural area who has sold or rented out his/herhouse shall not be approved. Article 63The right to use of land collectively owned by peasants shall not be transferred,retransferred or rented out for non-agricultural construction; however, enterprises that obtained landfor construction in accordance with law and conforming to the overall planning for land utilizationwhere occurrences of transfer of land use right have been brought about by such circumstances asbankruptcy and merger are excluded. Article 64Constructions and structures completed prior to the formulation of the overall planning forland utilization that fail to conform to the uses determined by the overall planning for landutilization shall not be reconstructed and expanded. Article 65A rural collective economic organization may, subject to the approval of the people'sgovernment that previously approved the land use, withdraw the land use right for any of thefollowing circumstances:(1) land use required for the construction of rural(township) public facilities and non-profitundertakings;(2) use of land not in accordance with the use approved; and(3) stoppage of the use of the land due to reasons such as disbandment and moving.For withdrawal of land collectively owned by peasants pursuant to the provisions of the FirstSection of the preceding paragraph, appropriate compensation shall be given to the land use rightholder.Chapter VI Supervision and Inspection Article 66 Competent departments of land administration of people's governments at and above thecounty level shall conduct supervision and inspection over acts in violation of the laws andregulations on land administration.Functionaries of supervision and inspection of land administration should be conversant withland administration laws and regulation, faithful in the discharge of duties and impartial in lawenforcement. Article 67Competent departments of land administration of people's governments at and above thecounty level have, in fulfilling their duties and responsibilities of supervision and inspection, thepower to take the following measures:(1) to demand the unit or individual under inspection to provide documents and materialsconcerning land right for reading or copying;(2) to demand the unit or individual under inspection to make explanations concerningquestions relating to land right;(3) to enter the site illegally occupied and used by the unit or individual under inspection for asurvey; and(4) to order the unit or individual illegally occupying and using the land to stop acts in violationof land administration laws and regulations. Article 68Functionaries of land administration supervision and inspection should, in fulfilling dutiesand responsibilities, deem it necessary to enter a site for survey, demand the unit or individualconcerned to provide documents and materials and make explanations, produce identification papersfor land administration supervision and inspection. Article 69Units and individuals concerned should support, cooperate with and facilitate thesupervision and inspection conducted by competent departments of land administration of thepeople's governments at or above the county level on illegal acts related to land and must not refuseand obstruct functionaries of land administration supervision and inspection in the discharge ofduties according to law. Article 70Competent departments of land administration of the people's governments at and abovethe county level should, upon uncovering of illegal acts by state functionaries in the work ofsupervision and inspection who should be imposed administrative sanctions, handle the case(s)according to law; when the department has no power to handle the case(s), a proposal foradministrative sanctions shall be submitted to the administrative supervisory organ of the people'sgovernment at the corresponding level or at the next higher level, and the administrative supervisoryorgan concerned should handle the case(s) according to law. Article 71Competent departments of land administration of people's governments at and above thecounty level should, on uncovering of illegal acts related to land that constitute a crime in the workof supervision and inspection, transfer the case(s) to the organ concerned for investigation ofcriminal liability according to law; where a crime has not been constituted, administrative penaltyshould be imposed according to law. Article 72Where an administrative penalty should be imposed pursuant to the provisions of this Lawand the competent department of land administration has failed to impose the administrative penalty,the competent department of land administration of the people's government at the next higher levelhas the power to order the competent department of land administration to take a decision on theadministrative penalty or directly impose the administrative penalty, and impose administrativesanctions on the person in charge of the competent department of land administration concerned.Chapter VII Legal Liability Article 73Whoever illegally transfers land by buying and selling or in other forms shall beconfiscated of the illegal gains by the competent department of land administration of the people'sgovernment at or above the county level; whoever turns agricultural land into land for constructionwithout authorization in violation of the overall planning for land utilization shall be given aspecified time period to dismantle the newly-built constructions and other facilities on the illegallytransferred land and restore the original state of the land, where it conforms to the overall planningfor land utilization, the newly-built constructions and other facilities on the illegally transferred landshall be confiscated; and may concurrently be imposed a fine; the person-in-charge directlyresponsible and other personnel directly responsible shall be imposed administrative sanctionsaccording to law; where a crime has been constituted, criminal liability shall be investigatedaccording to law. Article 74Whoever occupies and uses cultivated land for building kiln(s) and tomb(s) or buildinghouse(s), digging sand, quarrying, mining and gathering earth on cultivated land withoutauthorization, destroying conditions for cultivation or resulting in desertification and salinization ofthe land due to land development in violation of the provisions of this Law, shall be ordered by thecompetent department of the people's government at or above the county level to make arectification or effect treatment within the specified time period, and may concurrently be imposed afine; where a crime has been constituted, criminal liability shall be investigated according to law. Article 75Whoever refuses to fulfil the obligation of land reclamation in violation of the provisionsof this Law shall be ordered by the competent department of land administration of the people'sgovernment at or above the county level to make a rectification within the specified time period;whoever fails to make a rectification on expiry of the specified time period shall be ordered to paythe reclamation fee to be used specifically for land reclamation, and may be imposed a fine. Article 76Whoever illegally occupies and uses land without approval or obtains approval bydeceitful means shall be ordered by the competent department of land administration of the people'sgovernment at or above the county level to return the illegally occupied and used land, whoeverturns agricultural land into land for construction without authorization in violation of the overallplanning for land utilization shall be given a specified time period to dismantle the newly-builtconstructions and other facilities on the illegally occupied and used land and restore the originalstate of the land, where it conforms to the overall planning for land utilization, the newly-builtconstructions and other facilities on the illegally occupied and used land shall be confiscated andmay concurrently be imposed a fine; administrative sanctions shall be imposed according to law onthe person-in-charge directly responsible and other personnel directly responsible of the unit thatillegally occupies and uses the land; where a crime has been constituted, criminal liability shall beinvestigated according to law.For occupation and use of land exceeding the approved amount, the land thus occupied shall beconstrued and handled as illegally occupied and used land. Article 77Villagers in rural areas who illegally occupy and use land for building residences withoutapproval or obtain approval by deceitful means shall be ordered by the competent departments ofpeople's governments at or above the county level to return the illegally occupied and used land, anddismantle the newly-built houses on the illegally occupied and used land within the specified timeperiod.The land occupied exceeding the standards set by the provinces, autonomous regions andmunicipalities directly under the Central Government shall be construed and handled as illegallyoccupied and used land. Article 78Units or individuals without power to approve requisition and use of land that illegallyapprove occupation and use of land, those that illegally approve occupation and use of landexceeding the limits of authority of approval, those that approve land use not in conformity with theuses determined by the overall planning for land utilization, or those that approve occupation andrequisition of land in contravention of the legal procedures, their approval documents shall be nulland void, the persons-in-charge directly responsible and other personnel directly responsible whoillegally approve requisition and use of land shall be imposed administrative sanctions according tolaw; where a crime has been constituted, criminal liability shall be investigated according to law.The illegally approved and used land should be taken back, the party interested that refuses to returnthe land shall be construed and handled as illegal occupation and use of land.Whoever illegally approves requisition and use of land causing losses to the party interestedshall bear liability of compensation according to law. Article 79Whoever infringes on and uses the compensation fee and other related fees for landrequisition of the requisitioned unit for other purposes constituting a crime shall be investigated ofcriminal liability according to law; where a crime has not been constituted, administrative sanctionsshall be imposed according to law. Article 80 The party interested that refuses to hand over the land for withdrawal of the right to use ofstate-owned land according to law, the party interested that refuses to return the land on expiry oftemporary use of land, or the party interested that uses state-owned land not in accordance with theapproved use shall be ordered by the competent departments of land administration of people'sgovernments at or above the county level to return the land and a fine imposed. Article 81Whoever transfers, retransfers or rents out the right to use of the land collectively ownedby peasants for non-agricultural construction without authorization shall be ordered by thecompetent department of land administration of the people's government at or above the county levelto make a rectification within the specified time period, confiscated of the illegal gains andconcurrently imposed a fine. Article 82Whoever fails to go through change in registration of land pursuant to the provisions ofthis Law shall be ordered by the competent department of land administration of the people'sgovernment at or above the county level to complete the formalities within the specified time period.Article 83Construction units or individuals that have been ordered to dismantle the newly-builtconstructions and other facilities on the illegally occupied and used land within the specified timeperiod pursuant to the provisions of this Law must stop construction forthwith and dismantle themthemselves; organs that make the penalty decision's have the power to stop those that continueconstruction. Construction units or individuals that refuse to obey the decisions of administrativepenalty on dismantling within the specified time period may, within 15 days starting from the date ofreceipt of the decision of ordering the dismantling within the specified time period, file a suit at apeople's court; the unit or individual that neither takes legal action nor dismantlesitself/himself/herself on expiry, the organ that has taken the decision on penalty shall apply to apeople's court for compulsory enforcement, and the expenses shall be borne by the violator of law. Article 84Functionaries of competent departments of land administration that neglect their duties,abuse their power and indulge in malpractices for selfish gains constituting a crime shall beinvestigated of criminal liability according to law; where a crime has not been constituted,administrative sanctions shall be imposed according to law.Chapter VIII Supplementary Provisions Article 85 This Law shall be applicable to the use of land by Sino-foreign joint ventures, Sino-foreigncooperative ventures and enterprises owned by foreign capital; where laws have separate provisions,those provisions shall prevail. Article 86This Law shall enter into effect as of January 1, 1999.Attachment:Relevant Articles of the Criminal Law Article 228Whoever illegally transfers and sells land use right with profit-making as the purpose inviolation of land administration regulations when the circumstances are serious shall be sentenced toimprisonment under three years or hard labor in detention, and concurrently imposed a fine of morethan 5% less than 20% of the amount of the illegally transferred and sold land use right price; wherethe circumstances are extremely serious, a sentence of more than three years less than seven yearsshall be passed, and a fine of more than 5% less than e amount of the illegally transferred and soldland use right price concurrently imposed. Article 342Whoever illegally occupies and uses cultivated land and turns it into other uses in a bigamount resulting in great destruction of cultivated land in violation of land administrationregulations shall be sentenced to imprisonment under five years or hard labor in detention, andconcurrently or separately imposed a fine. Article 410 Functionaries of state organs who indulge in malpractices for selfish gains, abuse powerin illegally approving requisition and occupation of land or illegally transfer the right to use of stateownedland at a low price in violation of land administration regulations where the circumstancesare serious, shall be sentenced to imprisonment under three years or hard labor in detention;whoever causes extremely great losses to state or collective interests shall be sentenced to more thanthree years less than seven years of imprisonment. 中华人民共和国土地管理法实施条例 2002-10-13 11:59:06 阅读108次 　　 第256号 《中华人民共和国土地管理法实施条例》已经1998年12月24日国务院第12次常务会议通过，现予发布，自1999年1月1日起施行。 总理 朱槠基1998年12月27日　 中华人民共和国土地管理法实施条例 　 第一章 总 则 　 第一条 根据《中华人民共和国土地管理法》（以下简称《土地管理法》），制定本条例。 　 第二章 土地所有权和使用权 　 第二条 下列土地属于全民所有即国家所有： (一）城市市区的土地；（二）农村和城市郊区中已经依法没收、征收、征购为国有的土地；（三）国家依法征用的土地；（四）依法不属于集体所有的林地、草地、荒地、滩涂及其他土地；（五）农村集体经济组织全部成员转为城镇居民的，原属于其成员集体所有的土地； （六）因国家组织移民、自然灾害等原因，农民成建制地集体迁移后不再使用的原属于迁移农民集体所有的土地。 第三条 国家依法实行土地登记发证制度。依法登记的土地所有权和土地使用权受法律保护，任何单位和个人不得侵犯。 土地登记内容和土地权属证书式样由国务院土地行政主管部门统一规定。 土地登记资料可以公开查询。 确认林地、草原的所有权或者使用权，确认水面、滩涂的养殖使用权，分别依照《森林法》、《草原法》和《渔业法》的有关规定办理。 第四条 农民集体所有的土地，由土地所有者向土地所在地的县级人民政府土地行政主管部门提出土地登记申请，由县级人民政府登记造册，核发集体土地所有权证书，确认所有权。 农民集体所有的土地依法用于非农业建设的，由土地使用者向土地所在地的县级人民政府土地行政主管部门提出土地登记申请，由县级人民政府登记造册，核发集体土地使用权证书，确认建设用地使用权。 设区的市人民政府可以对市辖区内农民集体所有的土地实行统一登记。 第五条 单位和个人依法使用的国有土地，由土地使用者向土地所在地的县级以上人民政府土地行政主管部门提出土地登记申请，由县级以上人民政府登记造册，核发国有土地使用权证书，确认使用权。其中，中央国家机关使用的国有土地的登记发证，由国务院土地行政主管部门负责，具体登记发证办法由国务院土地行政主管部门会同国务院机关事务管理局等有关部门制定。 未确定使用权的国有土地，由县级以上人民政府登记造册，负责保护管理。 第六条 依法改变土地所有权、使用权的，因依法转让地上建筑物、构筑物等附着物导致土地使用权转移的，必须向土地所在地的县组以上人民政府土地行政主管部门提出土地变更登记申请，由原土地登记机关依法进行土地所有权、使用权变更登记。土地所有权、使用权的变更，自变更登记之日起生效。 依法改变土地用途的，必须持批准文件，向土地所在地的县级以上人民政府土地行政主管部门提出土地变更登记申请，由原土地登记机关依法