Chapter I General Provisions

Article 1 The law is formulated in accordance 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 of land i.e. an ownership by the whole people and
ownerships by collectives.
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 using right may be transferred by
laws.
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 laws.
Article 3 To cherish and give a rational use to the land as well as
to give a real protection to the cultivated land are seen as a basic
principle of land use in the country. The people''s governments at
all levels shall take measures to make an overall plan for the use
of land to strictly administer, protect and develop land resources
and curb any illegal occupation of land.
Article 4 The State is to carry out control system on the usages of
land.
The State shall draw up general plans to set usages of land
including those of farm or construction use or unused. A strict
control is to place on the transformation of land for farm use to
that for construction use in order to control the total amount of
land for construction use and exercise a special protection on
cultivated land.
Land for farm use in the previous Article refers to land directly
used for agricultural production, including cultivated land, wood
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 shall 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) 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 II 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 farmers
including land for building houses, land and hills allowed to be
retained by farmers.
Article 9 Land owned by the State and land collectively owned by
farmers 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 farmers 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 farmers 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) farmer 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 farmers 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 farmers 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 beach land for
breeding purpose shall be administrated according to relevant
provisions of the Forest Law of the People''s Republic of China, the
Grassland Law of the People''s Republic of China and the Fisheries
Law of the People''s Republic of China.
Article 12 Changes of owners and usages of land, shall 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 farmers shall be contracted
out to run by 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 shall sign a
contract with the correspondents'' contractor to define each
other''s rights and obligations. Farmers 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 land
contractual operation by farmers shall be protected by law.
Within the validity term of a contract, the adjustment of land
contracted by individual contractors shall 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 run by
units or individuals for farming, forestry, animal husbandry and
fisheries. Land collectively owned by farmers 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 shall sign land use
contracts to define each other''s rights and obligations. The
contracted 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 stipulated in
the contracts.
Whereas a land collectively owned by farmers is contracted out for
operation to those not belonging to the corresponding collective
organizations, a consent shall 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 negotiation among parties concerned; If
negotiation fails, the disputes shall be handled by people''s
governments.
Disputes among units shall be handled by the people''s government
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 relevant
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 III General Plans for the Utilization of Land
Article 17 People''s governments at all levels shall manage to draw
up 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 shall 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 that the total
amount of cultivated land under their jurisdiction shall not be
reduced.
Article 19 General plans for land use shall 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 the occupied area of cultivated land and
the developed and reclaimed area of cultivated land.
Article 20 General plans for land use at the county level shall
define the areas and purposes of land use.
General plans for the land use at the township (town) level shall
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 implement graded
examination and approval.
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 relevant 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
shall 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 treatment, development
and utilization of rivers and lakes shall be applied 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 shall 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-scale 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-scale 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 relevant departments at the same level. Land owners or users
shall 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
relevant 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 relevant 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 IV 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 shall be responsible for reclaiming the same amount of land in
the same quality as occupied one 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
reclamation of land or the land reclaimed is not up to requirements,
the units concerned shall 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 basic farmland protection system.
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 shall 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 shall 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 take 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 shall be occupied; whereas poor land can be used, no good land
shall 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 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
shall 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 farmer collectives,
it shall be turned over to original rural collective economic
organizations for recultivation.
Idle land that is laying 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 shall 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 shall 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 shall 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 V Land for Construction Purposes
Article 43 Any unit or individual that need land for construction
purposes shall apply for the use of land owned by the State
according to law, except land owned by farmer collectives used by
collective economic organizations for building township enterprises
or building houses for villagers or land owned by farmer 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 farmer 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 shall 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 shall 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 shall 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 shall 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 shall, 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 shall 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 shall 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, relevant local people''s governments shall make
an announcement and hear the opinions of the rural collective
economic organizations and farmers 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 relevant expenses.
Article 50 Local people''s governments at all levels shall support
rural collective economic organizations and farmers 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 relevant
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 shall
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 relevant 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 shall 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
relevant local people''s governments, for the development of land
for cultivation.
Article 56 In using State-owned land, construction units shall 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 shall get the
consent from the land administrative departments of the relevant
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
shall be obtained form the relevant urban planning administrative
departments before submission for approval.
Article 57 In the case of temporary using State-owned land or land
owned by farmer collectives by construction projects or geological
survey teams, approval shall 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 shall be obtained before being submitted for approval.
Land users shall sign contracts for temporary use of land with
relevant 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 shall use the land according to
the purposes agreed upon in the contract for the temporary use of
land and shall 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 relevant 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 shall 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 shall 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 shall 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 shall 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 shall be used as much
as possible for building houses.
The use of land for building houses shall 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 farmer 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 farmer collectives provided for in item
1 of the preceding paragraph.
Chapter VI 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 shall 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 shall present certificates of land supervision
and examination.
Article 69 Units or individuals concerned shall 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 shall put forward proposals for
administrative punishments to the administrative supervision organs
at the same level or at a higher level. The relevant 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 relevant government
organs to affix criminal responsibilities. Whereas the case cannot
constitute a crime, administrative punishments shall be meted out.
Article 72 Whereas relevant 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 relevant land administrative departments.
Chapter VII 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 structures 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 relevant 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 farmer 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 VIII 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: Relevant 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.

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