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