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Land Administration Law of the People’s Republic of China (2004 Revision)
Promulgation date: 08-28-2004 Department: Standing Committee of the National People's Congress
Effective date: 01-01-1999 Subject: Land
Land Administration Law of the People's Republic of China
(Revised and adopted at the Fourth Session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 29, 1998, to be put into effective as of January 1, 1999 Revised at the 11th Session of the Standing Committee of the Tenth National People's Congress on August 28, 2004)
CONTENTS
CHAPTER ONE GENERAL PROVISIONS
CHAPTER TWO OWNERSHIP AND RIGHT OF USE OF LAND
CHAPTER THREE GENERAL PLANS FOR THE UTILIZATION OF LAND
CHAPTER FOUR PROTECTION OF CULTIVATED LAND
CHAPTER FIVE LAND FOR CONSTRUCTION PURPOSES
CHAPTER SIX SUPERVISION AND EXAMINATION
CHAPTER SEVEN LEGAL RESPONSIBILITIES
CHAPTER EIGHT SUPPLEMENTARY PROVISIONS
CHAPTER ONE GENERAL PROVISIONS
Article 1 The law is formulated in compliance with the Constitution with
a view to strengthening the administration of land, safeguarding the
socialist public ownership of land, protecting and developing land
resources, ensuring a rational use of and giving a real protection to
cultivated land to promote sustainable development of the socialist
economy.
Article 2 The People's Republic of China resorts to a socialist public
ownership i.e. an ownership by the whole people and ownerships by
collectives, of land.
In ownership by the whole people, the State Council is empowered to be
on behalf of the State to administer the land owned by the State.
No unit or individual is allowed to occupy, trade or illegally transfer
land by other means. Land use right may be transferred by law.
The state may make expropriation or requisition on land according to law for public interests, but shall give compensations accordingly.
The State introduces the system of compensated use of land owned by the
State except the land has been allocated for use by the State according
to law.
Article 3 To cherish and give a rational use to the land as well as to
give a true protection to the cultivated land are seen as a basic
principle of land use in the country. The people's governments at all
levels should manage to make an overall plan for the use of land to
strictly administer, protect and develop land resources and stop any
illegal occupation of land.
Article 4 The State is to place a strict control on the usages of land.
The State shall compile general plans to set usages of land including
those of farm or construction use or unused. A strict control is to
place on the turning of land for farm use to that for construction use
to control the total amount of land for construction use and exercise a
special protection on cultivated land.
"Land for farm use" refers to land directly used for agricultural
production, including cultivated land, wooded land, grassland, land for
farmland water conservancy and water surfaces for breeding; "land for
construction use" refers to land on which buildings and structures are
put up, including land for urban and rural housing and public
facilities, land for industrial and mining use, land for building
communications and water conservancy facilities, land for tourism and
land for building military installations. The term "land unused" refers
to land other than that for agricultural and construction uses.
Land should be used strictly in line with the purposes of land use
defined in the general plan for the utilization of the land whether by
units or individuals.
Article 5 The land administrative department of the State Council shall
be unifiedly responsible for the administration and supervision of land
in the whole country.
The setup and functions of land administrative departments of people's
governments at and above the county level shall be decided by the
people's governments of provinces, autonomous regions and municipalities
under the direct jurisdiction of the central government (hereinafter
referred to as "municipalities" for short) according to the relevant
provisions of the State Council.
Article 6 Units or individuals shall all be obliged to abide by the laws
and regulations concerning land administration and have the right to
report or prosecute acts of violating land administration law and
regulations.
Article 7 People's governments shall award units or individuals who have
made outstanding achievements in protecting and developing land
resources, rational utilization of land and in carrying out research in
this regard.
CHAPTER TWO OWNERSHIP AND RIGHT OF USE OF LAND
Article 8 Land in urban districts shall be owned by the State.
Land in the rural areas and suburban areas, except otherwise provided
for by the State, shall be collectively owned by peasants including land
for building houses, land and hills allowed to be retained by peasants.
Article 9 Land owned by the State and land collectively owned by
peasants may be allocated to be used by units or individuals according
to law. Units or individuals using land shall be responsible for the
protection, management and a rational use of the land.
Article 10 In lands collectively owned by peasants those have been
allocated to villagers for collective ownership according to law shall
be operated and managed by village collective economic organizations or
villagers' committee and those have allocated to two or more peasants
collective economic organizations of a village, shall be operated and
managed jointly by the collective economic organizations of the village
or villagers' groups; and those have allocated to township (town)
peasant collectives shall be operated and managed by the rural
collective economic organizations of the township (town).
Article 11 People's government at the county level shall register and
put on record lands collectively owned by peasants and issue
certificates to certify the ownership concerned.
People's government at the county level shall register and put on record
the use of land collectively owned by peasants for non-agricultural
construction and issue certificates to certify the right to use the land
for construction purposes.
People's government at the country level shall register and put on
record uses of land owned by the State by units or individuals and issue
certificates to certify the right of use. The State Council shall
designate specific units to register and put on record State-owned land
used by central government organs.
Certifications of ownership or use right of wooded land and grassland
and the uses or of water surface and beachland for breeding purpose
shall be managed according to related provisions of the "Forest Law of
the People's Republic of China", the "Grassland Law of the People's
Republic of China" and the "Fisheries Law of the People's Republic of
China".
Article 12 Changes of owners and usages of land, should go through the
land alteration registration procedures.
Article 13 The ownership and use right of land registered according to
law shall be protected by law and no unit or individual is eligible to
infringe upon it.
Article 14 Land collectively owned by peasant shall be contracted out to
members of the collective economic organizations for use in crop
farming, forestry, animal husbandry and fisheries production under a
term of 30 years. The contractees should sign a contract with the
correspondents contractor to define each other's rights and obligations.
Peasants who have contracted land for operation are obliged to use the
land rationally according to the purposes agreed upon in the contracts.
The right of operation of land contracted by peasants shall be protected
by law.
Within the validity term of a contract, the adjustment of land
contracted by individual contractors should get the consent from over
two-thirds majority vote of the villagers' congress or over two-thirds
of villagers' representatives and then be submitted to land
administrative departments of the township (town) people's government
and county level people's government for approval.
Article 15 Land owned by the State may be contracted out to units or
individuals for farming, forestry, animal husbandry and fisheries
operations. Land collectively owned by peasants may be contracted out to
units or individuals who are not belonging to the corresponding
collectives for farming, forestry, animal husbandry and fisheries
operations. The contractees and contractors should sign land use
contracts to define each other's rights and obligations. The contraced
term for operation is to be agreed upon in the land use contracts.
Contractors for the land operation are obliged to protect and use the
land rationally according to the usages specified in the contracts.
Whereas a land collectively owned by peasant is contracted out for
operation to ones not belonging to the corresponding collective
organizations, a consent should be got from the over two-thirds majority
vote of the villagers' congress or over two-thirds of the villagers'
representatives with the resulted contract being submitted to the
township (town) people's government for approval.
Article 16 Disputes arising from the ownership or use right of land
shall be settled through consultation among parties concerned; should
consultation fails, the disputes should be handled by people's
governments.
Disputes among units shall be handled by the people's government at and
above the county level; disputes among individuals or between
individuals and units shall be handled by township level people's
government or people's governments at the county level or above.
Whereas parties concerned refuse to accept the decisions by related
people's government the dispute may be brought before the people's court
within 30 days after the notification on the decision is received.
No party shall change the status quo of the land before the disputes
over ownership and use right are settled.
CHAPTER THREE GENERAL PLANS FOR THE UTILIZATION OF LAND
Article 17 People's governments at all levels shall manage to compile
general plans for land uses in accordance with the national economic and
social development program, requirements of national land consolidation
and resources and environmental protection, land supply capacity and the
requirements of various construction projects.
The validity term of the general plans for land use shall be determined
by the State Council.
Article 18 General plans for land use at a lower level shall be compiled
according to the general plans for the utilization of land at the next
higher level.
The total amount of land for construction uses in the general plans of
land use compiled by local people's governments at all levels shall not
exceed the controlled targets set in the general plans for land use at
the next higher level and the total amount of cultivated land should not
be lower than the controlled targets set in the general plans for land
use at the next higher level.
In mapping out the general plans for land use, the provinces, autonomous
regions and municipalities shall ensure than the total amount of
cultivated land under their jurisdiction shall not be reduced.
Article 19 General plans for land use should be mapped out according to
the following principles:
1. Strictly protect the basic farmland and control the occupation of
agricultural land for nonagricultural purposes.
2. Raise the utilization rate of land.
3. Make an overall plan and arrangements about the use of land in
various kinds and various areas.
4. Protect and improve the ecological environment to ensure a
sustainable use of land.
5. Keep a balance between cultivated land occupied and cultivated land
developed and reclaimed.
Article 20 General plans for land use at the county level should define
the areas and purposes of land use.
General plans for the land use at the township (town) level should
define the areas for the utilization of land and define the purpose of
each tract of land according to the actual conditions for the use of
land and make an announcement.
Article 21 General plans for land use shall be examined and approved
level by level.
General plans for land use of provinces, autonomous regions and
municipalities shall be approved by the State Council.
General plans for land of cities where the people's governments of
province and autonomous regions and municipalities are seated and cities
with a population of over one million and cities designated by the State
Council shall be examined by the People's governments of related
provinces and autonomous regions and municipalities and submit them to
the State Council for approval.
General plans for land use other than those provided for in the second
and third paragraphs of this article shall be submitted for approval
step by step to the people's governments of provinces, autonomous
regions and municipalities. General plans for land uses of townships
(towns) may be approved by the people's governments of cities or
autonomous prefectures authorized by the provincial level people's
governments.
Once approved, the general plans for the land use shall be implemented
strictly.
Article 22 The amount of land used for urban construction shall conform
to the standards prescribed by the State so as to make full use of the
existing land for construction purposes, not to occupy or occupy as less
agricultural land as possible.
Urban general planning and the planning of villages and market towns
should be in line with the general plans for land use. The amount of
land for construction use in the urban general planning and the planning
of villages and market towns shall not exceed the amount of land used
for construction purposes in cities, villages and market towns fixed in
the general plans for the utilization of land.
The land for construction purposes in cities, villages and market towns
within the planned areas of cities, villages and market towns shall
conform to the city planning and the planning of villages and market
towns.
Article 23 The plans for the comprehensive control, development and
utilization of rivers and lakes should be in accordance with the general
plans for land use. Land uses within the areas of management and
protection of rivers, lakes and reservoirs and flood storage and
detention areas should be in line with plans for the comprehensive
control, development and utilization of rivers and lakes and to the
requirements of river channels, flood flows of rivers and lakes, flood
storage and water transmission.
Article 24 People's governments at all levels shall strengthen the
administration of plans for land use and exercise control of the
aggregate land for construction purposes.
The annual plan for the land use shall be compiled in line with the
national economic and social development program, the State industrial
policies, general plans for land and the actual situation about the land
for construction uses and the land utilization. The examination and
approval procedures for the compilation of annual land use plans shall
be the same as that for the general plans for land use. Once approved,
they shall be implemented strictly.
Article 25 The people's governments of provinces, autonomous regions and
municipalities shall report the implementations of their annual plans
for the use of land to the people's congresses at the same level as part
of the implementation of their economic and social development plans.
Article 26 Revision of the general plans for land use shall be approved
by the original organ of approval. Without approval, the usages of land
defined in the general plans for the utilization of land shall not be
changed.
Whereas the purpose of land use defined in the general plans for the
utilization of land needs to be changed due to the construction of large
energy, communications, water conservancy and other infrastructure
projects approved by the State Council, it shall be changed according to
the document of approval issued by the State Council.
If the purpose of land defined in the general plans for the utilization
of land needs to be changed due to the construction of large energy,
communications, water conservancy and other infrastructure projects
approved by provinces, autonomous regions and municipalities, it shall
be changed according to the document of approval issued by the
provincial level people's governments if it falls into their terms of
reference.
Article 27 The State fosters land survey system.
The land administrative departments of the people's governments at and
above the county level shall carry out land surveys together with
related departments at the same level. Land owners or users should
provide good cooperation and necessary data and materials required.
Article 28 Land administrative departments of the people's government at
and above the county level shall, together with related departments at
the same level, grade the land according to the results of the surveys,
their planned uses and the unified standards formulated by the State.
Article 29 The State establishes the land statistical system.
Land administrative departments of the people's governments at and above
the county level shall, together with the statistical departments at the
same level shall, formulate plans for statistical surveys and compile
statistics about land according to law and regularly issue statistical
data about the land. Land owners and users shall provide related
materials and it is strictly forbidden to provide false and concealed
materials or refuse to provide or delay the delivery of materials.
The statistical materials about the land areas issued by land
administrative departments and statistical departments serve as the
basis for people's governments at all levels in compiling the general
plans for the utilization of land.
Article 30 The State shall establish the national land management
information system to conduct dynamic monitoring of the utilization of
land.
CHAPTER FOUR PROTECTION OF CULTIVATED LAND
Article 31 The State protects the cultivated land and strictly controls
the conversion of cultivated land into non-cultivated land.
The State fosters the system of compensations to cultivated land to be
occupied. In the case of occupying cultivated land for non-agricultural
construction, the units occupying the cultivated land should be
responsible for reclaiming the same amount of land in the same quality
as that occupied according to the principle of "reclaiming the same
amount of land occupied. Whereas units which occupy the cultivated land
are not available with conditions of reclaimation of land or the land
reclaimed is not up to requirements, the units concerned should pay land
reclamation fees prescribed by provinces, autonomous regions and
municipalities for reclaiming land for cultivation the land reclaimed.
The people's governments of all provinces, autonomous regions and
municipalities shall formulate plans for reclamation of cultivated land,
see to it that units which occupy cultivated land shall reclaim land as
planned or organize the land reclamation according to plan and examine
and accept the land reclaimed.
Article 32 The local people's governments at and above the county level
may demand units which occupy cultivated land to use the topsoil of the
land occupied for use in the newly reclaimed land, poor land or other
cultivated land for soil amelioration.
Article 33 People's governments of all provinces, autonomous regions and
municipalities shall strictly implement the general plans for the
utilization of land and annual plan for the use of land, adopt measures
to ensure not to reduce the total amount of cultivated land within their
jurisdictions. Whereas reductions occur, the State Council shall order
it to organize land reclamation within the prescribed time limit to make
up for the reduced land in the same quantity and quality and the land
administrative department of the State Council shall, together with
agricultural administrative department, examine and accept it. Whereas
individual provinces and municipalities find it difficult to reclaim
enough land to make up for the land occupied due to scarce reserve
resources, the total amount of land due to be reclaimed in their own
regions may be reduced with the approval of the State Council but the
rest of land for reclamation shall be made up for elsewhere.
Article 34 The State fosters the system of protecting the basic
farmland. The following cultivated land shall be demarcated as basic
farmland protection areas and subject to stringent control according to
the general plans for the utilization of land:
1. Cultivated land in the grain, cotton and oil-bearing crops production
bases approved by the land administrative department of the State
Council or the local people's governments at and above the county level;
2. Cultivated land with good water conservancy and water and soil
conservation facilities and medium-and low-yielding land where the
execution of amelioration plan is in progress or medium-and low-yielding
land that is transformable.
3. Vegetable production bases;
4. Experimental plots for research and teaching;
5. Other cultivated land that should be designated as basic farmland
protection areas as provided for by the State Council.
Areas of basic farmland demarcated by various provinces, autonomous
regions and municipalities should make up over 80% of the cultivated
land within their administrative areas.
Basic farmland protection areas shall be demarcated with township (town)
as the unit and the protection of which shall be carried out by the land
administrative departments of the county level people's governments
together with agricultural administrative departments of the same level.
Article 35 People's governments at all levels shall adopt measures to
maintain and protect irrigation and drainage facilities, ameliorate the
soil to raise fertility and prevent desertification, salinization, water
loss and soil erosion and pollution.
Article 36 Land shall be used sparingly for non-agricultural
construction purposes. Whereas wasteland can be used, no cultivated land
should be occupied; whereas poor land can be used, no good land should
be occupied.
It is forbidden to build kilns, graves or houses on cultivated land or
to dig sand, collect stones, do mining and carry soil away from
cultivated land.
It is forbidden to occupy basic farmland to develop horticulture or dig
ponds to breed fish.
Article 37 No unit or individual is allowed to let the land to lie idle
or go wasted. Whereas a cultivated land which has been occupied for non-
agricultural construction upon approval and can sure start construction
within one year is found cultivable and yieldable, it should be
cultivated by the unit or individual that originally cultivates the land
or cultivated by units occupying the land. Whereas construction work
fails to start for over one year, land idling fees shall be paid
according to the provisions by various provinces, autonomous region and
municipalities. Whereas construction work fails to start for two
successive years, the people's governments at and above the county level
shall revoke the use right of the land with the approval of the original
organ of approval. Whereas the land used to be owned by peasant
collectives, it should be turned over to original rural collective
economic organizations for recultivation.
Idle land that is lying within the urban plan areas and whose use right
has been leased for real estate development shall be handled according
to the "Urban Property Administration Law of the People's Republic of
China".
Whereas a unit or individual that has contracted for land operation has
given up cultivation and allowed the land to go wasted for two
successive years, the original constracting-out party shall terminate
the contract and recover the land contracted out for cultivation.
Article 38 The State encourages development of unused land by units or
individuals according to the general plans for the utilization of land
and under the precondition of protecting and improving the ecological
environment, preventing water loss, soil erosion and desertification.
Land suitable for agricultural use should have the priority of
developing into land for agricultural use.
The State protects the legitimate rights and interests of developers.
Article 39 Reclaiming unused land shall go through scientific
argumentation and evaluation and can proceed according to law after
approval within the reclaimable areas demarcated in the general plans
for the utilization of land. It is forbidden to destroy forests and
grassland in the process of land reclamation. It is forbidden to carry
out landfill of lakes and occupy beachland of rivers.
Whereas reclaimation of a land or rounding up of a land for reclaimation
would give harm to ecological environment the land concerned should be
restored as forerts, pasture fields or lakes step by step and in a
planned manner according to the general plans for the utilization of
land.
Article 40 For developing waste hills, land or beachland whose use
rights have not been ascertained for crop cultivation, forestry, animal
husbandry or fisheries, the use rights may be given to developers or
individuals for long-term use with the approval of the people's
government at and above the county level according to law.
Article 41 The State encourages land consolidation. People's governments
of counties and townships (towns) shall organize rural collective
economic organizations to carry out comprehensive consolidation of
fields, water surface, roads, woods and villages according to the
general plans for the utilization of land to raise the quality of
cultivated land and increase areas for effective cultivation and improve
the agricultural production conditions and ecological environment.
Local people's governments at all levels shall adopt measures to
ameliorate medium-and low-yielding land and consolidate idle and
scattered and abandoned land.
Article 42 Whereas land is damaged due to digging, cave-in and
occupation, the units or individuals occupying the land should be
responsible for reclamation according to the relevant provisions of the
State; for lack of ability of reclamation or for failure to meet the
required reclamation, land reclamation fees shall be paid, for use in
land reclamation. Land reclaimed shall be first used for agricultural
purposes.
CHAPTER FIVE LAND FOR CONSTRUCTION PURPOSES
Article 43 Any unit or individual that need land for construction
purposes should apply for the use of land owned by the State according
to law, except land owned by peasant collectives used by collective
economic organizations for building township enterprises or building
houses for villagers or land owned by peasant collectives approved
according to law for use in building public facilities or public welfare
facilities of townships (towns).
The term "apply for the use of land owned by the State according to law"
used in the preceding paragraph refers to land owned by the State and
also land originally owned by peasant collectives but having been
expropriated by the State.
Article 44 Whereas occupation of land for construction purposes involves
the conversion of agricultural land into land for construction purposes,
the examination and approval procedures in this regard shall be
required.
For projects of roads, pipelines and large infrastructure approved by
the people's governments of provinces, autonomous regions and
municipalities, land for construction has to be approved by the State
Council whereas conversion of agricultural land is involved.
Whereas agricultural land is converted into construction purposes as
part of the efforts to implement the general plans for the utilization
of land within the amount of land used for construction purposes as
defined in the general plans for cities, villages and market towns, it
shall be approved batch by batch according to the annual plan for the
use of land by the organs that approved the original general plans for
the utilization of land. The specific projects within the scope of land
approved for conversion shall be approved by the people's governments of
cities or counties.
Land to be occupied for construction purposes other than those provided
for in the second and third paragraphs of this article shall be approved
by the people's governments of provinces, autonomous region and
municipalities whereas conversion of agricultural land into construction
land is involved.
Article 45 The expropriation of the following land shall be approved by
the State Council:
1. Basic farmland;
2. Land exceeding 35 hectares outside the basic farmland;
3. Other land exceeding 70 hectares.
Expropriation of land other than prescribed in the preceding paragraph
shall be approved by the people's governments of provinces, autonomous
regions and municipalities and submitted to the State Council for the
record.
Expropriation of agricultural land should first of all go through the
examination and approval procedure for converting agricultural land into
land for construction purposes according to the provisions of Article 44
of this law. Whereas conversion of land is approved by the State
Council, the land expropriation examination and approval procedures should
be completed concurrently with the procedures for converting
agricultural land to construction uses and no separate procedures are
required. Whereas the conversion of land is approved by people's
governments of provinces, autonomous regions and municipalities within
their terms of reference, land expropriation examination and approval
procedures should be completed at the same time and no separate
procedures are required. Whereas the terms of reference has been
exceeded, separate land expropriation examination and approval procedures
should be completed according to the provisions of the first paragraph
of this article.
Article 46 For expropriation of land by the State the local people's
governments at and above the county level shall make an announcement and
organize the implementation after the approval according to the legal
procedures.
Owners or users of the land expropriated should, within the time limit
specified in the announcement, go through the compensation registration
for expropriated land with the land administrative departments of the
local people's governments on the strength of the land certificate.
Article 47 In expropriating land, compensation should be made according
to the original purposes of the land expropriated.
Compensation fees for land expropriated include land compensation fees,
resettlement fees and compensation for attachments to or green crops on
the land. The land compensation fees shall be 6-10 times the average
output value of the three years preceding the expropriation of the
cultivated land. The resettlement fee shall be calculated according to
the number of agricultural population to be resettled. The number of
agricultural population to be resettled shall be calculated by dividing
the amount of cultivated land expropriated by the per capital land
occupied of the unit whose land is expropriated. The resettlement fees
for each agricultural person to be resettled shall be 4-6 times the
average annual output value of the three years preceding the expropriation
of the cultivated land. But the maximum resettlement fee per hectare of
land expropriated shall not exceed 15 times of the average annual
output value of the three years prior to the expropriation.
The standards for land compensation and resettlement fees for land
expropriated shall be determined by various provinces, autonomous
regions and municipalities in reference to the land compensation fees
and resettlement fees for cultivated land expropriated.
The standards for compensating for ground attachments and green crops on
the land expropriated shall be determined by various provinces,
autonomous regions and municipalities.
In expropriating vegetable fields in suburban areas, the units using
the land should pay new vegetable field development and construction
fund.
Whereas the land compensation fees and resettlement fees paid according
to the provisions of the second paragraph of this article are not enough
to maintain the original level of living, the resettlement fees may be
increased with the approval of the people's governments of provinces,
autonomous regions and municipalities. But the combined total of land
compensation fees and resettlement fees shall not exceed 30 times the
average output value of the three years prior to the expropriation.
In special circumstances, the State Council may raise the standards for
land compensation and resettlement fees for land expropriated according
to the social and economic development level.
Article 48 After the plan for land compensation and resettlement fees is
finalized, related local people's governments shall make an announcement
and hear the opinions of the rural collective economic organizations and
peasants whose land has been expropriated.
Article 49 Rural collective economic organizations shall make public to
its members the receipts and expenditures of the land compensation fees
for land expropriated and accept their 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 shall support rural
collective economic organizations and peasants in their efforts toward
development and operations or in starting up enterprises.
Article 51 The standards for land compensation and method of
resettlement for land expropriated for building large and medium-sized
water conservancy projects and hydroelectric power projects shall be
determined separately by the State Council.
Article 52 In the process of the feasibility study for construction
projects, land administrative departments may examine the related
matters concerning the land for construction purposes and put forward
their proposals according to the general plans for the utilization of
land, the annual plan for the use of land and standards for land used
for construction purposes.
Article 53 Whereas a construction project approved needs land owned by
the State for construction purposes, the construction unit should file
an application with land administrative department of the people's
government at and above the county level with the power of approval on
the strength of related documents required by law and administrative
decrees. The land administrative department shall examine the
application and submit it to the people's government at the same level
for approval.
Article 54 A paid leasing should be go through in use of land owned by
the State by a construction unit. But the following land may be obtained
through government allocation with the approval of the people's
governments at and above the county level according to law:
1. Land for use by government organs and for military use;
2. Land for building urban infrastructure and for public welfare
undertakings;
3. Land for building energy, communications and water conservancy and
other infrastructure projects supported by the State.
4. Other land as provided for by the law and administrative decrees.
Article 55 Construction units that have obtained State-owned land by
paid leasing can use the land only after paying the land use right
leasing fees and other fees and expenses according to the standards and
ways prescribed by the State Council.
Starting from the date when this law comes into effect, 30% of the land
compensation fees for new construction land shall be handed over to the
central finance, with the rest 70% to be retained by related local
people's governments, for the development of land for cultivation.
Article 56 In using State-owned land, construction units should use the
land according to the provisions of the contract for compensated use of
leased land use right or according to the provisions of the documents of
approval concerning the allocation of land use right. The change of the
land to construction purposes should get the consent from the land
administrative departments of the related people's governments and be
submitted to the people's governments that originally give the approval
for the use of land. In changing the purpose of land within the urban
planned areas, the consent should be obtained form the related urban
planning administrative departments before submission for approval.
Article 57 In the case of temporary using State-owned land or land owned
by peasant collectives by construction projects or geological survey
teams, approval should be obtained from the land administrative
departments of local people's governments at and above the county level.
Whereas the land to be temporarily used is within the urban planned
areas, the consent of the urban planning departments should be obtained
before being submitted for approval. Land users should sign contracts
for temporary use of land with related land administrative departments
or rural collective organizations or villagers committees depending on
the ownership of the land and pay land compensation fees for the
temporary use of the land according to the standard specified in the
contracts.
Users who use the land temporarily should use the land according to the
purposes agreed upon in the contract for the temporary use of land and
should not build permanent structures.
The term for the temporary use of land shall not usually exceed two
years.
Article 58 In one of the following cases, the land administrative
departments of related people's governments shall recover the land use
right of State-owned land with the approval of the people's governments
that originally gives the approval or the people's governments with the
power of approval:
1. Use land for the sake of public interests;
2. Use land for adjustment in re-building old city districts in order to
implement urban construction plans;
3. When the term for the land use right expires according to what is
agreed upon in the contract for compensated use of land, the land user
has failed to apply for extension or failed to get approval for
extension;
4. The use of land originally allocated has been stopped due to
cancellation or removal of units;
5. Roads, railways, airports and mining sites that have been approved to
be abandoned.
Proper compensation should be given to land use right users whereas the
use right of State-owned land is recovered according to the provisions
of 1 and 2 of the preceding paragraph.
Article 59 Construction of township enterprises, public facilities and
public welfare undertakings of townships (towns) and rural villagers'
houses should be rationally laid out according to the village or market
town plans according to a comprehensive development plan, with good
supporting facilities. Land used for construction purposes shall conform
to the general plans for the utilization of land of townships (towns)
and their annual plan for the use of land and the examination and
approval procedures should be completed according to the provisions of
Article 44, Article 60, Article 61 and Article 62 of this law.
Article 60 In using the land for construction purposes defined in the
general plan for the utilization of land of townships (towns) to start
up enterprises or joint ventures together with other units or
individuals by way of using land use right as shares, the rural
collective economic organization shall file an application with land
administrative departments of the local people's governments at and
above the county level on the strength of documents of approval. The
applications shall be approved by the local people's governments at and
above the country according to the terms of reference provided for by
various provinces, autonomous regions and municipalities whereas the use
of land involving the occupation of agricultural land, the examination
and approval procedures provided for in Article 44 of this law shall be
followed.
Land for construction purposes in starting enterprises provided for in
the preceding paragraph shall be put under strict control. Provinces,
autonomous regions and municipalities shall determine the standards for
land use according to different trades and scale of operation of
township enterprises.
Article 61 In using land for building public facilities and public
welfare facilities, townships (towns) shall file an application with
land administrative departments of local people's governments at and
above the county level after being examined by the township (town)
people's governments at and the application shall be approved by the
local people's governments at and above the county level according to
the term of reference provided for by provinces, autonomous regions and
municipalities. Where occupation of agricultural land is involved, the
examination and approval procedures provided for in Article 44 of this
law are required.
Article 62 One rural household can own one piece of land for building
house, with the area not exceeding the standards provided for by
provinces, autonomous regions and municipalities.
Construction of rural houses should conform to the general plans for the
utilization of land of townships (towns) and the original land occupied
by houses and open spaces of villages should be used as much as possible
for building houses.
The use of land for building houses should be examined by the township
(town) people's governments and approved by the county people's
governments. Whereas occupation of agricultural land is involved the
examination and approval procedure provided for in Article 44 of this
law is required.
The application for housing land after selling or leasing houses shall
not be approved.
Article 63 The land use right of peasant collectives shall not be
leased, transferred or rented for non-agricultural construction, except
in the case of legal transfer of the land that conforms to the general
plan for the utilization of land and legally obtained by enterprises due
to bankruptcy or acquisition.
Article 64 Buildings or structures put up before the general plan for
the utilization of land and unconformable to the general plans are not
allowed to be rebuilt or expanded.
Article 65 In one of the following cases, the rural collective economic
organizations may recover the land use right with the approval of the
people's government that gives the approval for the use of land:
1. Land needed for building public facilities and public welfare
undertakings of townships (towns) and villages;
2. Land not used according to the purposes approved;
3. Land not used any more due to cancellation or removal of the original
units.
Proper compensation shall be given to land users in the case of
recovering the land owned by peasant collectives provided for in item 1
of the preceding paragraph.
CHAPTER SIX SUPERVISION AND EXAMINATION
Article 66 Land administrative departments of the people's governments
at and above the county level shall exercise supervision and examination
on violations to the land administrative law and administrative decrees.
Supervising personnel in such a regard should be well acknowledged with
the land administrative law and decrees, loyal to their duties and
justice in enforcement of the law.
Article 67 In performing their supervising and examination duties, the
land administrative departments of the people's governments at and above
the county level have the right to adopt the following measures:
1. Demand for documents and materials concerning land-use rights from
units or individuals for examination, review or copying.
2. Demand explanations from units or individuals concerned in regard to
land-use rights;
3. Enter into land illegally occupied by units or individuals under
examination to carry out on-the-spot surveys, and
4. Command units or individuals that have occupied land illegally to
stop their acts of violating the land administrative law and decrees.
Article 68 In performing their duties, whereas there is the need to
carry out on-the-spot survey or demand units or individuals concerned to
present documents and materials or explanations, supervising personnel
should present certificates of land supervision and examination.
Article 69 Units or individuals concerned should provide active support
and cooperation to land administrative departments of the people's
governments at and above the county level in their supervision and
examination of violations to land administration and provide all the
conveniences to facilitate but not in any way refuse or obstruct their
work in such a regard.
Article 70 Whereas land administrative departments of the people's
governments at and above the county level have found government
functionaries to have committed violations during their supervision and
examination, they shall give them administrative punishments whereas the
punishments are due. Whereas they do not have the right to handle the
cases, they should put forward proposals for administrative punishments
to the administrative supervision organs at the same level or at a
higher level. The related administrative supervision departments shall
mete out punishments according to law.
Article 71 Whereas the land administrative developments of the people's
governments at and above the county level have found violations to have
constitute a crime in their supervision and examination, they shall hand
over the case to related government organs to affix criminal
responsibilities. Whereas the case cannot constitute a crime,
administrative punishments shall be meted out.
Article 72 Whereas related land administrative departments have failed
to give administrative punishments due, the land administrative
departments of the people's governments at a higher level have the right
to command the land administrative departments to take punishment
decisions or give administrative punishments directly and give
administrative punishments to the person responsible of the related land
administrative departments.
CHAPTER SEVEN LEGAL RESPONSIBILITIES
Article 73 For illegal transfer of land through trade or other forms,
land administrative departments of the people's governments at and above
the county level shall confiscate the proceeds from the transfer. For
converting agricultural land into land for construction uses in
violations to the provisions of the general plans for the utilization of
land, an order shall be given to dismantle the new buildings or other
facilities illegally built on the land illegally transferred for
restoration of the land to the original state, and whereas in such cases
no violation to the general plan for the utilization of land, the new
building and other facilities on the land illegally transferred shall be
confiscated and a fine may be imposed. Administrative punishments shall
be given to persons in charge and persons directly responsible and
whereas the case constitutes a crime, criminal responsibilities shall be
affixed.
Article 74 Occupying cultivated land to build kilns or graves or build
houses, dig sand, collect stones, do mining or collect soil from the
cultivated land without authorization, thus damaging the conditions for
growing crops or causing desertification and salinization due to land
development in violation of this law, the land administrative
departments of the people's governments at and above the county level
shall order correction or improvetment within a prescribed time limit
and concurrently impose a fine. Whereas the case constitute a crime,
criminal responsibility shall be affixed.
Article 75 Refusing to perform land reclamation obligations in violation
of this law, the land administrative departments of the people's
governments at and above the county level shall order correction within
a prescribed time limit. Whereas no correction is made within the time
limit, a payment of land reclamation fees specially used for land
reclamation by the violator shall be ordered and a fine may be imposed
concurrently.
Article 76 Occupying land without approval or by deception, the land
administrative departments of the people's governments at and above the
county level shall order to return the land illegally occupied; turning
to agricultural land into land for construction uses without
authorization in violation of the general plans for the utilization of
land, dismantling of the new buildings and other stuctures on the land
illegally occupied within a prescribed time limit shall be ordered and
whereas the act has not violated the general plans for the utilization
of land, the new buildings and structure concerned shall be confiscated
and a fine may be imposed concurrently. Persons in charge of the unit
that occupies land illegally and the people directly responsible shall
be given administrative punishments and whereas the case constitutes a
crime, criminal responsibility shall be affixed. For an occupation of
land in excess of the approved amount, part in excess shall be regarded
as land illegally occupied.
Article 77 Occupying land by rural villagers for building houses without
approval or by deception shall be ordered a return of the land illegally
occupied and dismantle the new houses built on the land illegally
occupied by land administrative departments of the people's governments
at and above the county level.
For occupation of land in excess of the standards prescribed by the
provinces, autonomous regions and municipalities, the land in excess of
the standards shall be regarded as having been illegally occupied.
Article 78 Approving the occupation of land without the power of
approval, beyond the term of reference, or not according to the purposes
defined in the general plans for the utilization of land or approving
the occupation or expropriating of land in violation of the legal
procedures, the documents of approval shall be invalid and the persons
in charge and personnel directly responsible for illegal expropriation or
use of land shall be given administrative punishments. Whereas the case
constitutes a crime, criminal responsibilities shall be affixed. The
land illegally approved and used shall be recovered. Whereas parties
concerned refuse to return, the case shall be regarded as illegal
occupation of land.
Whereas illegal expropriation and use of land have caused damages to
parties concerned, the party responsible shall bear the responsibilities
of compensation according to law.
Article 79 Embezzling or diverting the use of land compensation fees and
other related expenses of the units whose land is expropriated,
criminal responsibilities shall be affixed whereas the case constitutes
the crime and administrative punishments shall be meted out whereas the
case is not serious enough to constitute a crime.
Article 80 A refusal to return of land use right upon a legal recovering
of the land or an expiration of temporary land use term or State-owned
land is used not according to the purposes approved, the land
administrative departments of the people's governments at and above the
county level shall order the return of the land and impose a fine.
Article 81 Leasing, transferring or renting the use right of land owned
by peasant collectives for non-agricultural construction uses, the land
administrative departments of the people's governments at and above the
county level shall order correction within a prescribed time limit,
confiscate the proceeds concerned and impose a fine.
Article 82 Refusing to go through the land alteration registration
according to the provisions of this law, the land administrative
departments of the people's governments at and above the county level
shall order the parties concerned to go through the procedure within a
prescribed time limit.
Article 83 Whereas orders have been issued to dismantle the new
buildings and other facilities on the land illegally occupied within a
prescribed time limit according to the provisions of this law, the
construction unit or individual shall stop operation immediately and
dismantle them by themselves. Whereas the operation continues, the organ
which decided for the punishment decisions has the right to stop it.
Whereas a construction unit or individual refuse to accept the
administrative punishment decisions on dismantling the buildings and
other facilities, it may bring the case before the people's court within
15 days starting from the day when the decision is received. Whereas a
unit or individual fails to put the case in proceeding when the time
limit expires and yet refuses to do the dismantling, the organ making
the punishment decision shall apply for compulsory exercise with the
people's court and the cost arising therefrom shall be borne by the law
violator.
Article 84 Dereliction of duty, abuse of power for personal gains and
practise favouritism by personnel of the land administrative departments
shall be affixed of criminal punishments according to criminal law
whereas the case is serious enough to constitute a crime or imposed of
administrative punishments whereas the case is not serious enough to
constitute a crime.
CHAPTER EIGHT SUPPLEMENTARY PROVISIONS
Article 85 This law applies to the use of land by Sino-foreign joint
equity and cooperative ventures, and wholly foreign-owned enterprises.
Whereas there are separate provisions by law, those provisions shall
prevail.
Article 86 The law shall come into force starting from January 1, 1999.
Appendix: Related articles in the Criminal Law:
Article 228 Illegal transfer or trade of land use right for personal
gains in violation of the land administrative law and regulations shall
be sentenced to a prison term of less than three years or to forced
labor, with a concurrent fine amounting to more than 5% and less than
20% of the proceeds from the illegal transfer or trading whereas the
case is serious enough, and whereas the case is very serious, it shall
be sentenced to a prison term ranging from more than three years to less
than seven years, with a fine ranging from more than 5% to less than 20%
of the proceeds from the illegal transfer or trading of the land use
right.
Article 342 Illegal turning of cultivated land occupied into other uses
in a big amount to cause damages to large tracts of cultivated land in
violation of the land administrative law and regulations, a punishment
of from less than five years' in prison or forced labor shall be given,
together with a fine concurrently or separately.
Article 410 Whereas government functionaries are found to have committed
deception or forgery for personal gains in violation of the land
administrative law and regulations or have abused their power to
illegally approve the requisition of land or under-sell the use right of
State-owned land and the cases are serious, a punishment of less than
three years in prison or forced labor shall be given; whereas the cases
have caused very big losses to the State or collectives, a prison term
ranging from more than three years to less than seven years shall be
meted out.
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