March 2, 1999
　
Article 1 In accordance with the Land Management Law of the People' s Republic of China (hereinafter the Law Management Law for short), and the Rules for Implementation of the Land Management Law of the People' s Republic of China, these measures are formulated, in order to intensify the land management, standardize the
examination and approval of the construction-used land.

Article 2 These measures shall apply to the application, examination, approval and implementation of the construction-used land which should be submitted to the State Council and the people' s governments of provinces, autonomous regions and municipalities directly under the Central Government for approval.

Article 3 The land administrations under the people' s governments above the county level shall be responsible for accepting the application, conducting
the examination and approval of the construction-used land.

Article 4 The construction units shall, at the demonstration of the feasibility studies of the construction projects, submit the preliminary applications for the construction-used land to the land administrations at the same level as that of the
construction project approving agencies.
The land administrations accepting the preliminary applications shall, in accordance with the overall planning of land utilization and national land supply
policies, conduct the preliminary examination of the relevant affairs relating to the construction projects, and provide the preliminary examination reports on the
construction-used land.

Article 5 Where any construction project, for which the location is independently selected, using land beyond the scope of the city construction-used land
determined by the overall planning of land utilization,
the construction unit shall submit the application for
use of land to the land administration under the people'
s government at the city or county level where the
related land is located.
At the submission of the application for use of land by
the construction unit, the Construction-Used Land
Application Form shall be filled out, with the
attachment to the following materials:
1) relevant qualifications of the construction unit;
2) replies to the feasibility study reports on the
construction project or other relevant approval
documents;
3) the preliminary examination reports on the
construction-used land provided by the land
administration;
4) the preliminary designs or other relevant approval
documents;
5) the overall plane distribution map of the
construction project;
6) where some cultivated land is occupied and used, the
cultivated-land supplement plan shall be submitted;
7) where the construction project is located in the
easily-occurring geological hazard area, the danger
evaluation reports on the geological hazard shall be
submitted.
Article Six The land administrations under the people'
s governments of cities and counties shall accept the
application for the construction-used land, which
covering the complete and necessary materials and
conforming to all required conditions, and shall, within
30 days from receiving the same application, draft the
farmland change-use plan, cultivated-land supplement
plan, land requisition plan and land supply plan, work
out the construction-used land presentation directions,
and shall submit the above materials to the land
administrations at the next higher level for
examination, after the examination and approval of the
people' s governments at the same level.
Article Seven Where the occupation and use of land take
place, within the scope of the city construction-used
land determined by the overall planning of land
utilization, and for the implementation of the city
planning, the land administrations under the people' s
governments of cities and counties shall draft the
farmland change-use plan, cultivated land supplement
plan and land requisition plan, work out the
construction-used land presentation directions, and
shall submit the above materials to the land
administrations at the next higher level for
examination, after the examination and approval of the
people' s governments at the same level.
Where the occupation and use of land take place, within
the scope of the village and town construction-used land
determined by the overall planning of land utilization,
and for the implementation of the village and town
planning, the land administrations under the people' s
governments of cities and counties shall draft the
farmland change-use plan and cultivated land supplement
plan, work out the construction-used land presentation
directions, and shall submit the above materials to the
land administrations at the next higher level for
examination, after the examination and approval of the
people' s governments at the same level.
Article Eight Where the construction project only
occupies and uses the state-owned farmland, the land
administrations under the people' s governments of
cities and counties shall only draft the farmland
change-use plan, cultivated land supplement plan and
land supply plan.
Where the construction project only occupies and uses
the collectively-owned construction-used land, the land
administrations under the people' s governments of
cities and counties shall only draft the land
requisition plan and land supply plan.
Where the construction project only occupies and uses
the state-owned unused land and subjects to the approval
of the State Council in accordance with the provisions
of Article 24 of the Rules for Implementation of the
Land Management Law, the land administrations under the
people' s governments of cities and counties shall only
draft the land supply plan; where other construction
projects use the state-owned unused land, the relevant
provisions of provinces, autonomous regions and
municipalities directly under the Central Government
shall be applied.
Article Nine The construction-used land presentation
directions shall cover, among others, the project-used
land arrangements and the situation of the land planned
to be used, etc . , and shall be attached to the
following materials:
1) the approved city or county overall planning maps of
land utilization and current situation maps of land
utilization in different breadth. Where the capital
farmland is occupied and used, the overall planning maps
of land utilization at the village level shall also be
provided;
2) the survey-demarcation maps and survey-demarcation
technical reports submitted by the construction units or
other qualified units;
3) the cadastral data or other proof materials for the
land ownership;
4) where the land is supplied with compensation, the
initialled contracts for the use of land with
compensation, as well as the relevant instructions and
documents shall also be provided;
5) where the land is occupied and used for the
implementation of the city planning or the village and
town planning, the relevant city planning maps or
village and town planning maps shall also be provided
accordingly.
Article Ten The farmland change-use plan shall cover,
among others, the category, location, area and quality,
etc. Of the occupied and used farmland.
The cultivated land supplement plan shall cover, among
others, the location, area and quality of the
supplemented cultivated land or supplementarily
allocated capital farmland, and shall cover, among
others, the time limit for the supplement, the
preparations for the needed funds, the relevant maps and
documents as well, etc. .
The land requisition plan shall cover, among others, the
scope, category, area and ownership of the requisitioned
land, and shall cover the land compensation, the
standard of the settlement subsidies, and the ways to
settle the people need to be settled, etc. .
The land supply plan shall cover, among others, the
supply way, the area and use purpose of the supplied
land, the standard and amount of the land use fee, etc.
.
Article Eleven Where the submitted construction
project presentation directions and relevant plans are
complete and in accord with the prescribed requirements,
the relevant land administrations shall submit the same
materials to the people' s governments at the same level
for examination and approval, within 5 days after
receiving the related materials. The people' s
governments at the same level shall, after examination
and approval, submit the same materials level by level
to the people' s governments which have the approval
right, and shall submit all the materials needed for
examination to the land administrations at the same
level for examination in time.
The people' s governments of provinces, autonomous
regions and municipalities directly under the Central
Government shall make definite examination comments on
the construction project presentation directions and
relevant plans which should be approved by the State
Council in accordance with law, and shall be responsible
for the authenticity and validity of all the submitted
materials.
Where the people' s governments of provinces, autonomous
regions and municipalities directly under the Central
Government approve the change-use of farmland, meanwhile
the State Council approves the requisition of land, the
people' s governments of provinces, autonomous regions
and municipalities directly under the Central Government
shall, after the approval of the farmland change-use
plan, submit the approval documents, together with the
materials submitted by lower land administrations, to
the State Council.
Article Twelve The land administrations under the
people' s governments, which have the approval right,
shall complete the relevant examination within 30 days
from receiving the submitted farmland change-use plan,
cultivated land supplement plan, land requisition plan
and land supply plan, as well as from soliciting
opinions from the concerned parties in accordance with
provisions.
The examination of the construction-used land shall
apply the inside united examination system by the land
administrations.
Article Thirteen Where the farmland change-use plan
and cultivated land supplement plan are in accord with
the following conditions, the same plans can only be
submitted to the people' s governments for approval by
the land administrations:
1) The plans are in accord with the overall planning of
land utilization;
2) It is indeed necessary to occupy and use the
farmland, and the above plans are in accord with the
control targets of the annual land utilization plan;
3) Where some cultivated land is occupied and used, the
cultivated land supplement plan shall be in accord with
the special planning of land renovation and development,
with the area and quality of the cultivated land meeting
the prescribed requirements;
4) Where the change-use of farmland is conducted
independently, the relevant conditions for the
independent choice of location must be met.
Article Fourteen Only upon meeting the following
conditions, the land requisition plan can be submitted
to the people' s governments for approval by the land
administrations:
1) the demarcation, category, area and ownership of the requisitioned land are clear and undisputed;
2) the compensation standard for the requisitioned land is in accord with the provisions of laws and regulations;
3) the ways for settling the people need to be settled on the requisitioned land are feasible.
Where the project construction and geological exploration need to occupy and use the collectively-owned land temporarily, the relevant contracts for the temporary use of land shall be signed, the land compensation for the same use shall be paid in accordance with law, and the same land can not be requisitioned.

Article 15 Only upon meeting the following conditions, the land supply plan can be submitted to the people' s governments for approval by the land administrations:
1) in accord with the State' s land supply policies;
2) the area of the applied land conforming to not only the standard of the construction-used land but also the requirements of the intensive use of land;
3) where the land is supplied in the form of allocation, the allocation conditions specified by law shall be met;
4) where the land is supplied in the form of using with compensation, not only the form and time limit of the supply, but also the standard and amount of the
compensation conformng to the relevant provisions;
5) for those only occupying and using the state-owned
unused land, the relevant planning must be conformed to,
with clear demarcations and accurate areas.
Article Sixteen After the approval of the farmland
change-use plan, cultivated land supplement plan, land
requisition plan and land supply plan by the people' s
governments which have the approval right, the land
administrations at the same level shall issue the
replies within 5 days from receiving the relevant
approval documents.
Where the land use fee for the newly increased
construction-used land is not paid, the
construction-used land shall not be approved.
Article Seventeen The approved farmland change-use
plan, cultivated land supplement plan, land requisition
plan and land supply plan shall be implemented by the
people' s governments of cities or counties where the
land is located.
Article Eighteen The land administrations under the
people' s governments of cities and counties shall be
responsible for supervising and carrying out the
construction projects for which the locations are
indepentently chosen beyond the scopes of the city
construction-used land determined by the overall
planning of land utilization, after the cultivated land
supplement plans of the construction projects being
approved and made known to lower levels; where the
occupation and use of land take place, within the scopes
of the construction-used land of the cities, villages
and towns determined by the overall planning of land
utilization, and for the implementation of the city
planning and village or town planning, the land
administrations under the people' s governments of
provinces, autonomous regions and municipalities
directly under the Central Government shall be
responsible for the relevant supervision and
implementation accordingly.
Article Nineteen The people' s governments at the city
or county level shall, upon the approval of the land
requisition plan, within 10 days from receiving the
approval documents after the approval of the land
requisition plan in accordance with law, proclaim the
contents prescribed in Article 25 of the Rules for
Implementation of the Land Management Law within the
scopes of the villages and towns where the requisitioned
land is located.
The land administrations under the people' s governments
of cities and counties shall, at the expiration of the
proclamation, in accordance with the land requisition
plan and the registration conditions of the land
requisition compensation, draft the land requisition
compensation plan and the settlement plan, and proclaim
all the above plans within the scopes of the villages
and towns where the requisitioned land is located. The
contents of the land requisition plan and the settlement
plan shall be in accord with the provisions of Article
25, Section 3 of the Rules for Implementation of the
Land Management Law.
After the determination of the land requisition plan and
the settlement plan, the land administrations under the
people' s governments of cities and counties shall, in
accordance with the land requisition plan and the
settlement plan, pay the collectively-owned economic
organizations and farmers concerned the land
compensation and the compensation for the attachments
and young crops on the land, and take the necessary and
specified measures to settle the farmers concerned
appropriately.
Article Twenty Where the occupation and use of land
take place, within the scope of the city
construction-used land determined by the overall
planning of land utilization, and for the implementation
of the city planning, the land administrations under the
people' s governments of cities and counties shall,
after the approval in accordance with law, proclaim the
requirements of the planning, set the using conditions,
determine the using ways, and organize the relevant
implementation accordingly.
Article Twenty One Where the right to use the
state-owned land is provided in the way of using with
compensation, the land administrations under the people'
s governments of cities and counties shall sign the
relevant contracts regarding the use of land with
compensation with the land users, and issue the
Instrument of Ratification for the Construction-Used Land to the construction units. The land users shall, upon paying the land use fee, conduct the land
registration in accordance with the relevant provisions.
Where the right to use the state-owned land is provided in the way of allocation, the land administrations under
the people' s governments of cities and counties shall issue the Decision on the Allocation of the State-Owned Land and the Instrument of Ratification for the
Construction-Used Land to the construction units, and conduct the land registration in accordance with the relevant provisions. The Decision on the Allocation of
the State-Owned Land shall cover, among others, the area, use purpose, use conditions, etc. Of the allocated land.
During the whole course of the project construction, the Instrument of Ratification for the Construction-Used Land shall be publicly shown on the construction spots
by the construction units.
The land administrations under the people' s governments of cities and counties shall proclaim the supply of the state-owned land periodically.

Article 22 The land administrations at all levels shall follow and examine the situation of the construction-used land.
Anyone who, approving the construction-used land by violation of these measures or illegally occupying and using land without approval, shall be punished in accordance with law.

Article 23 These Measures come into force upon promulgation. The Provisional Regulations Regarding the Examination and Approval of the State Construction-Used Land promulgated by the former State Bureau of Land Administration on November 22, 1988, and the Provisional Regulations for the Examination and Approval of the Assignment of the Right to Use the State-Owned Land promulgated by the former State Bureau of Land Administration on April 29, 1990 are annulled simultaneously.
　

Bright Jon    Attorney-at-law   Fax: +86-512-53516040  email@colaw.cn
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