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Measures for Management of the Annual Land Utilization Plan กก March 2, 1999 Article 1 In order to intensify the land administration, implement the land utilization overall plan, control the total amount of the construction-used land, guide the intensive use of land, as well as truly protect the cultivated land, ensure the sustainable development of both society and economy, these measures are formulated in accordance with the Land Management Law of the People' s Republic of China, the Implementation Ordinances of the Land Management Law of the People' s Republic of China. Article 2 These measures apply to the compilation, approval, implementation and supervision of the annual land utilization plan. Article 3 The called annual land utilization plan in these measures is the specific arrangements by the State for the annual plan targets of, among others, farmland (including the cultivated land, similarly hereinafter) change-use, cultivated land reserve quantity, as well as the development and renovation of land, etc. . Article 4 The following principles should be followed in the management of the annual land utilization plan: (1) To control strictly the total amount of construction-used land, protect thecultivated land; (2) To guide the demand by supply of land, thereby utilizing land rationally and efficiently; (3) To give priority to meeting the needs of land for the major construction projects and infrastructure projects nationwide; (4) To Realize the balance between the consumption and supplementation of the cultivated land; (5) To protect and improve the ecological environment, ensure the sustainable utilization of land. Article 5 The land administrations of local people' s governments above the county level shall, together with relevant departments, in accordance with the unified arrangements and control targets, the local land utilization overall plans, as well as the actual conditions of the national economic and social development plans and the utilization of land, bring forward the proposal of the local annual land utilization plan for next year, and submit the proposal to the competent land administrations of the people' s governments at next higher level after the examination of the people' s governments at the same level. For the use of land relating to the farmland change-use in such construction projects as approved by the State Council or road, pipeline and major infrastructure projects approved by the relevant Departments under the State Council, the relevant Departments under the State Council shall bring forward the proposal of annual land utilization plan for next year on the basis of the project categorization in accordance with the division of labour and function between the Ministry of Land and Resources and local land administrations. This proposal shall also be submitted, each a copy, to the land administrations under the people' s governments of provinces, autonomous regions and municipalities directly under the Central Government where the land planned to be used is located at the submission of the proposal to the Ministry of Land and Resources. The proposal of annual land utilization plan for next year shall be submitted to the Ministry of Land and Resources before November 20 annually. Article 6 The Ministry of Land and Resources shall, together with the relevant Departments under the State Council, in accordance with the national economic and social development plan, national industrial policies, national land utilization overall plan and the specific conditions of the construction-used land and the relevant utilization, as well as after appropriate integration and balance, compile the annual land utilization plan, and submit it to the State Council for approval. Article 7 Every plan target, not only of the whole country, but also of provinces, autonomous regions, municipalities directly under the Central Government, cities whose land utilization overall plans shall be approved by the State Council in accordance with laws, as well as Xinjiang Production and Construction Corps, shall be listed in the annual land utilization plan respectively. Article 8 The compiled annual land utilization plan shall be submitted to the State Council before December 10 of the previous year, and then be transmitted to lower levels after approval. Article 9 The competent land administrations of local people' s governments above the county level shall distribute, level by level, the plan targets of, among others, farmland change-use, cultivated land reserve quantity, and the development and renovation of land, all of which are transmitted from the next higher level, and draw out the related implementation plans, transmit them to next lower levels after the approval of people' s governments at the same level. As drawing out the implementation plans, certain control targets can be added thereto in accordance with actual conditions respectively. Article 10 Application should be lodged to the Ministry of Land and Resources where the plan targets of local annual land utilization plans indeed need certain adjustments as the same plans are implemented respectively by provinces, autonomous regions, municipalities directly under the Central Government, cities whose land utilization overall plan shall be approved by the State Council and Xinjiang Production and Construction Corps. After the examination and approval of the Ministry of Land Resources, the same application shall also be submitted to the State Council for approval. Article 11 The competent land administrations of local people' s governments above the county level shall, before July 20 annually, report the implementation of the annual land utilization plan within respective administrative area and in the early half of this year, to the land administrations of the people' s governments at next higher level, and shall, before November 20 annually, forecast the implementation of the annual land utilization plan within respective administrative area and in this whole year, to the land administrations of the people' s governments at next higher level. Article 12 The annual land utilization plan shall be strictly implemented upon approval and transmission to lower levels. The amount of construction-used land shall not be rapproved to increase, where without or above the plan targets of farmland change-use. Where the compensation system for the construction-used cultivated land is not strictly implemented or the plan targets of land development and renovation are not fulfilled, the plan targets of farmland change-use for next year shall be checked and reduced accordingly. After examination and ratification, the saved plan targets of farmland change-use can be used continually next year. Article 13 These Measures come into force upon promulgation. กก |
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