2012-05-26 18:27:46
(Promulgated by Decree No. 256 of the State Council of the People's Republic of China on December 27, 1998)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Land Administration Law of the People's Republic of China(hereinafter referred to as the Land Administration Law for abbreviation).
Chapter II Land Ownership and Use Right
Article 2 The following land belongs to ownership by the entire people, that is, state ownership:
(1)land in urban districts of municipalities;
(2)land in rural areas and suburban districts of municipalities that have been confiscated, requisitioned or purchased according to law and turned into state ownership;
(3)land requisitioned by the state according to law;
(4)forest land, grassland, barren land, shoals and other land not under collective ownership according to law;
(5)land previously under collective ownership by the members of a rural collective economic organization whose entire membership have become urban and township residents; and
(6)land previously under collective ownership by the migrated peasants but no longer in use after the peasants' collective migration and shifting due to state-organized migration or natural disasters.
Article 3 The state practises the system of land registration and certificate issuance according to law. Land ownership and land use right registered according to law are protected by law upon which no unit or individual shall infringe.
Contents of land registration and format of land ownership certificate shall be uniformly prescribed by the competent department of land administration under the State Council.
Land registration information may be open to inquiry.
Confirmation of forest land and grassland ownership or use right and confirmation of use right for breeding and cultivation of water surface and shoals shall be processed pursuant to the relevant provisions of the Forestry Law, Prairie Law and Fishery Law respectively.
Article 4 For land under peasants' collective ownership, the land owners shall file an application for land registration with the competent department of land administration of people's government at the county level of the locality wherein the land is located, people's government at the county level shall enter a registration in the register, verify and issue a certificate of collective land ownership in confirmation of the ownership.
For land under peasants' collective ownership to be used for nonagricultural construction according to law, the land owners shall file an application for land registration with the competent department of land registration of people's government at the county level of the locality wherein the land is located, people's government at the county level shall enter a registration in the register, verify and issue a certificate of collective land use right in confirmation of the land use right for construction.
Municipal people's governments with subordinate districts may carry out uniform registration of land under peasants' collective ownership within districts under municipal jurisdiction.
Article 5 For state-owned land to be used by units or individuals according to law, the land users shall file an application for land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, the people's government above the county level shall enter a registration in the register, verify and issue a certificate of state owned land use right in confirmation of the use right. Among which, the competent department of land administration under the State Council shall be responsible for the registration and certificate issuance of use of state-owned land by organs of the Central Committee of the Chinese Communist Party and the state. Specific measures for registration and certificate issuance shall be worked out by the competent department of land administration under the State Council in conjunction with the General Affairs Administration for Organs under the State Council and other departments concerned. For state-owned land the use right of which is not determined, people's governments above the county level shall enter a registration in the register and be responsible for the protection and administration.
Article 6 Whoever changes in land ownership and use right according to law as a result of transfer according to law of such appendices as ground constructions and structures leading to the transfer of land use right, must file an application for change in land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, the original land registration organ shall effect the change in registration of land ownership and use right. The change in land ownership and use right takes effect as of the date of change in registration.
Whoever effects a change in land use according to law must, on the strength of the approval document, file an application for change in land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, and the original land registration organ shall make the change in registration according to law.
Article 7 The original land registration organ shall nullify the land registration for withdrawal of the land use right of a land use unit pursuant to the relevant provisions of the Land Administration Law.
The original land registration organ shall nullify the land registration when a land user fails to apply for extension or fails to win approval of the application for extension on expiry of the duration of use agreed upon in the contract for the paid-for use of land use right.
Chapter III Overall Planning for Land Utilization
Article 8 The national overall planning for land utilization shall be compiled by the competent department of land administration under the State Council in conjunction with the departments concerned under the State Council and submitted to the State Council for approval.
Overall planning for land utilization of the provinces, autonomous regions and municipalities directly under the Central Government shall be compiled by the competent departments of land administration and other departments concerned at the same level under the organization of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for approval.
Overall planning for land utilization of municipalities that are seats of people's governments of the provinces and autonomous regions, municipalities with a population of over one million and municipalities designated by the State Council shall be compiled by the competent departments of land administration and other departments concerned at the same level under the organization of people's governments of the respective municipalities and submitted to the State Council for approval upon examination and consent of people's governments of the provinces and autonomous regions.
Overall planning for land utilization beside those provided for in the First Paragraph, Second Paragraph and Third Paragraph of this Article shall be compiled by the competent departments of land administration and other departments concerned at the same level under the organization of the people's governments concerned and submitted level by level to people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval; among which, village(township)overall planning for land utilization shall be compiled by village(township)people's governments and submitted level by level to people's governments of the provinces, autonomous regions and municipalities directly under the Central Government or people's governments of municipalities with subordinate districts and autonomous prefectures authorized by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval.
Article 9 The planning duration of overall planning for land utilization shall generally be 15 years.
Article 10 Overall planning for land utilization should, pursuant to the provisions of the Land Administration Law, classify land into agricultural land, land for construction and unutilized land.
County-level and village(township) overall planning for land utilization should, in accordance with requirements, delimit basic farmland protection zone, land reclamation zone, land for construction zone and reclamation prohibition zone, etc; among which, village(township) overall planning for land utilization should also, in the light of land use conditions, determine the use of each plot of land.
Specific measures for land classification and delimitation of land utilization zones shall be worked out by the competent department of land administration under the State Council in conjunction with the departments concerned under the State Council.
Article 11 Village(township) people's governments should make an announcement within the respective administrative areas upon approval of the village(township) overall planning for land utilization according to law.
The announcement should contain the following contents:
(1)planning targets;
(2)planning duration;
(3)planning scope;
(4)plot uses; and
(5)approval organ and approval date.
Article 12 Revision of overall planning for land utilization pursuant to the provisions of the Second Paragraph and Third Paragraph of Article 26 of the Land Administration Law shall be made by the original compiling organ in accordance with the approval document of the State Council or people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. The revised overall planning for land utilization should be submitted to the original approval organ for approval.
When the revised overall planning for land utilization at the next higher level involves revision of overall planning for land utilization at the next lower level, people's government at the next higher level shall notify people's government at the next lower level to make corresponding revision and submit it to the original approval organ for the record.
Article 13 People's governments at all levels should strengthen the management of annual plans for land utilization and exercise aggregate control over land for construction. Annual plans for land utilization must, upon approval and transmission to the lower levels, be strictly adhered to.
An annual plan for land utilization should contain the following contents:
(1)planned targets for the diversion of agricultural land to other uses;
(2)planned targets for retained quantum of cultivated land; and
(3)planned targets for land development and arrangement.
Article 14 Competent departments of land administration of people's governments above the county level should, in conjunction with the departments concerned at the same level, conduct land survey.
Land survey should contain the following contents:
(1)land ownership;
(2)state of land utilization; and
(3)conditions of land.
Survey results of the current state of local land utilization should be made public in society upon examination and verification of people's governments at the corresponding level and approval of people's government at the next higher level; survey results of the current state of national land utilization should, upon approval of the State Council, be made public in society. Land survey procedures shall be formulated by the competent department of land administration under the State Council in conjunction with the departments concerned under the State Council.
Article 15 The competent department of land administration under the State Council shall, in conjunction with the departments concerned under the State Council, fix the standards for land grade evaluation.
The competent departments of land administration of people's governments above the county level should, in conjunction with the departments concerned at the same level, evaluate land grades in accordance with the standards for land grade evaluation. Results of local land grade evaluation should be made public in society upon examination and verification of people's government at the corresponding level and approval of the competent department of land administration at the next higher level.
Adjustment in land grades shall be made once every six years in accordance with the state of national economic and social development.
Chapter IV Cultivated Land Protection
Article 16 Municipal, county people's governments, rural collective economic organizations and construction units shall, pursuant to the provisions of Article 31 of the Land Administration Law, be responsible respectively for the reclamation of cultivated land for occupation of cultivated land within the scope of land use for urban, village and township construction determined in the overall planning for land utilization in implementing urban planning and village, township planning, as well as occupation of cultivated land for such construction projects as energy, communications, water conservancy, mines and military installations outside the scope of land use for urban construction determined in the overall planning for land utilization; where there are no conditions for reclamation or the reclaimed cultivated land fails to conform to the requirements, payment of cultivated land reclamation fee should be effected pursuant to the provisions of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 17 Units or individuals are prohibited from engaging in land development activities in reclamation prohibition zones determined by the overall planning for land utilization.
Whoever engages in development of state-owned barren hills, barren land or barren shoals the land use right of which has been established for cultivation, forestry, animal husbandry and fishery production in land reclamation zones determined by the overall planning for land utilization should file an application with the competent department of land administration of people's government above the county level of the locality wherein the land is located and submit the same to people's government with the authority of approval for approval.
Whoever engages in single-time development of state-owned barren hills, barren land or barren shoals under 600 hectares the land use right of which has not been established shall be subject to the approval of local people's government above the county level pursuant to the limits of authority prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; the case of development of over 600 hectares shall be submitted to the State Council for approval.
Development of state-owned barren hills, barren land or barren shoals the land use right of which has not been established for cultivation, forestry, animal husbandry or fishery production may, upon approval of people's government above the county level, be assigned to development units or individuals for long-term use, and the longest duration of use shall not exceed 50 years.
Article 18 County and village(township) people's government should, pursuant to the overall planning for land utilization, organize rural collective economic organizations in formulating land arrangement schemes and organize their implementation.
Local people's governments at all levels should, pursuant to the overall planning for land utilization, take measures to press ahead with land arrangement. 60% of the area of the newly-added cultivated land through land arrangement may be used as compensation targets to compensate for the cultivated land occupied for construction.
Expenses required for land arrangement shall, in accordance with the principle of whoever is the beneficiary shall bear the expenses, be jointly borne by the rural collective economic organizations and land users.
Chapter V Land for Construction
Article 19 Occupation of land for construction involving turning agricultural land into land for construction should conform to the agricultural land conversion targets set in the overall planning for land utilization and annual plan for land utilization; occupation of land for urban, village and township construction involving conversion of agricultural land should also conform to urban planning and village, township planning. Where it fails to conform to the provisions, no approval shall be granted for the conversion of agricultural land into land for construction.
Article 20 Occupation of land for the implementation of urban planning within the scope of land for urban construction determined in the overall planning for land utilization shall be handled pursuant to the following provisions:
(1)municipal, county people's governments shall, pursuant to the annual plans for land utilization, draft agricultural land conversion plans, cultivated land supplement plans, land requisition plans, and submit them in batches and level by level to people's governments with the authority of approval.
(2)the competent departments of land administration of people's governments with the authority of approval shall examine the agricultural land conversion plans, cultivated land supplement plans, land requisition plans, put forth examination remarks and submit the same to people's governments with the authority of approval for approval; among which, the cultivated land supplement plans shall be approved simultaneously with the approval of agricultural land conversion plans by people's governments that approve the agricultural land conversion plans.
(3)municipal, county people's governments shall, upon approval of the agricultural land conversion plans, cultivated land supplement plans and land requisition plans, organize their implementation and provide land separately according to specific construction projects.
For occupation of land for the implementation of village and township planning within the scope of land for village and township construction determined in the overall planning for land utilization, municipal, county people's governments shall draft agricultural land conversion plans and cultivated land supplement plans and process them pursuant to the procedures prescribed in the preceding paragraph.
Article 21 For need of land use for a specific construction project, the construction unit should, in accordance with the gross design of the construction project, file a one-time application, and go through the formalities of examination and approval of land for construction; where a project the construction of which is to be carried out in phases, applications for land for construction may be filed in phases on the basis of the schemes determined in the feasibility study and the relevant formalities of examination and approval completed in phases.
Article 22 Need of occupation of state-owned land for construction for a specific construction project within the scope of land for urban construction determined in the overall planning for land utilization shall be handled pursuant to the following provisions:
(1)at the time of the construction project feasibility study, the competent department of land administration shall examine the matters relating to land use for the construction project and come up with a report on the preliminary examination of land use for the construction project; at the time of submission of the feasibility study for approval, the report on the preliminary examination of land use for the construction project produced by the competent department of land administration must be enclosed therewith.
(2)the construction unit shall, on the strength of the relevant approval document of the construction project, file an application for land for construction with the competent department of land administration of municipal or county people's government, the competent department of land administration of the municipal or county government shall examine the same, draft a land provision plan and submit it to the municipal or county people's government for approval; where approval by people's government at the next higher level is required, it should be submitted to the people's government at the next higher level for approval.
(3)municipal or county people's government shall, upon approval of the land provision plan, issue a certificate of approval for land for construction for the construction unit. In the case of paid-for use of state-owned land, the competent department of land administration of municipal or county people's government shall conclude a contract on the paid-for use of state-owned land with the land user; in the case of appropriation for use of state-owned land, the competent department of land administration shall verify and issue a certificate of decision on the appropriation of state-owned land.
(4)the land user should file an application for land registration according to law.
For provision of use right of state-owned land for construction in the form of tender or auction, the competent departments of municipal or county people's governments shall, in conjunction with the departments concerned, draw up a plan and submit it to the municipal or county people's government, the competent department of land administration of municipal or county people's government shall organize its implementation upon approval, and conclude a contract on the paid-for use of the land with the land user. The land user should file an application for land registration according to law.
Article 23 For need to use land for a specific construction project, an application must be filed according to law for the use of state-owned land for construction within the scope of urban land for construction determined in the overall planning for land utilization. Where an actual need arises for the use of land outside the scope of land for urban construction determined by the overall planning for land utilization for such construction projects as energy, communications, water conservancy, mines and military installations involving agricultural land, it shall be handled pursuant to the following provisions:
(1)at the time of the construction project feasibility study authentication, the competent department of land administration shall examine the matters relating to land use for the construction project and come up with a report on the preliminary examination of land use for the construction project; at the time of submission of the feasibility study for approval, the report on the preliminary examination of land use for the construction project produced by the competent department of land administration must be enclosed therewith.
(2)The construction unit shall, on the strength of the relevant approval decumbent of the construction project, file an application for land for construction with the competent department of municipal or county people's government, the competent department of municipal or county people's government shall examine the application, draw up an agricultural land conversion plan, land requisition plan and land provision plan(where state owned agricultural land is involved, no land requisition plan shall be drafted), which shall, upon examination, verification and consent of the municipal or county people's government, be submitted level by level to the people's government with the authority of approval for approval; among which, the cultivated land supplement plan shall be simultaneously approved by the people's government that approves the agricultural land conversion plan at the time of approval of the agricultural land conversion plan; the land provision plan shall be simultaneously approved by the people's government that approves land requisition at the time of approval of the land requisition plan(where state-owned agricultural land is involved, the land provision plan shall be simultaneously approved by the people's government that approves the agricultural land conversion at the time of approval of the agricultural land conversion plan).
(3)Municipal, county people's governments shall, upon approval of the agricultural land conversion plan, cultivated land supplement plan, land requisition plan and land provision plan, organise their implementation and issue the certificate of approval of land for construction to the construction unit. Where there is paid-for use of state-owned land, the competent department of land administration of municipal or county people's government shall conclude a contract on the paid-for use of state owned land with the land user; where state-owned land is appropriated for use, the competent department of land administration of municipal or county people's government shall verify and issue a certificate of decision on the appropriation of state-owned land to the land user.
(4)The land user should file an application for land registration according to law.
Where an actual need arises for land use for a construction project outside the scope of land for urban construction determined in the overall planning for land utilization involving unutilized land under peasants' collective ownership, only land requisition plan and land provision plan shall be submitted for approval.
Article 24 Where a need arises for the occupation of state-owned unutilized land determined in the overall planning for land utilization for a specific construction project, it shall be handled pursuant to the provisions of the provinces, autonomous regions and municipalities directly under the Central Government; however, land use for key state construction projects, military installations and construction projects transcending the administrative areas of the provinces, autonomous regions and municipalities directly under the Central Government should be submitted to the State Council for approval.
Article 25 Municipal, county people's government of the locality whose land has been requisitioned shall , upon approval of the land requisition plan according to law, organize its implementation, and make an announcement in the village(township), hamlet whose land has been requisitioned on the approval organ of the land requisition, number of the approval document, use, scope and area of the requisitioned land as well as the rates for compensation of land requisition, measures for the resettlement of agricultural personnel and duration for processing land requisition compensation.
Persons of ownership and persons of use right of the requisitioned land should, within the duration prescribed in the announcement, go to the competent department of people's government designated in the announcement to go through the registration for land requisition compensation on the strength of land ownership certificates.
The competent departments of municipal, county people's governments shall, on the basis of the approved land requisition plan and in conjunction with the departments concerned, draw up land requisition compensation and resettlement plan, make an announcement thereof in the village(township),hamlet wherein the requisitioned land is located to solicit the views of the rural collective economic organizations and peasants on the requisitioned land. The competent departments of land administration of municipal, county people's governments shall, upon approval of the land requisition compensation and resettlement plan submitted to the municipal, county people's governments, organize its implementation. Where a dispute arises over the compensation rates, coordination shall be carried out by local people's government above the county level; where coordination has failed, arbitration shall be resorted to by the people's government that approved the land requisition. Land requisition compensation and resettlement dispute shall not affect the implementation of the land requisition plan.
Payment of various expenses for land requisition should be effected in full within 3 months starting from the date of approval of the land requisition and resettlement plan.
Article 26 Land compensation fee goes to the rural collective economic organization; compensation fee for ground appendices and young crops shall be for the owner(s) of ground appendices and young crops.
Funds earmarked for land requisition resettlement subsidy must be used for the designated purpose and shall not be diverted to any other purpose. For persons required to be resettled by the rural collective economic organization, payment of the resettlement subsidy shall be made to the rural collective economic organization to be administered and used by the rural collective economic organization; where resettlement is to be arranged by other units, the resettlement subsidy shall be paid to the resettlement units; where no unified resettlement is required, the resettlement subsidy shall be given to the individuals to be resettled or used for the payment of insurance premium for the resettled persons on gaining the consent of the resettled persons.
Municipal, county and village(township) people's governments should strengthen supervision over the use of resettlement subsidy.
Article 27 For emergency use of land required for dealing with an emergency or disaster relief, the land may be used first. Among which, where the land is for temporary use, the original state should be restored when the disaster is over and the land shall be returned to its original user for use, and formalities of examination and approval for land use are no longer required; when it falls into land for permanent construction, the construction unit should, within 6 months after the disaster is over, file an application for making up the formalities of examination and approval of land for construction.
Article 28 Where a need arises for the temporary occupation of cultivated land for the construction and geological survey of a construction project, the land user should, within one year starting from the date of expiry of temporary land use, restore the conditions for cultivation.
Article 29 Forms of paid-for use of state-owned land include:
(1)transfer of state-owned land use right;
(2)leasing of state-owned land; and
(3)contribution at a fixed value or equity participation for state-owned land use right.
Article 30 The paid-for land use fee for newly-added land for construction prescribed in Article 55 of the Land Administration Law means the average land net income the state should accrue from the newly added land for construction.
Chapter VI Supervision and Inspection
Article 31 Inspectors of land administration supervision should receive training and may engage in the work of land administration supervision and inspection only upon passing evaluation.
Article 32 In fulfilling the duties and responsibilities of supervision and inspection, the competent departments of land administration may, in addition to taking the measures provided for in Article 67 of the Land Administration Law, adopt the following measures:
(1)inquire the party(parties) concerned, suspect(s) and witness(es) of a law-breaking case;
(2)enter the site of land illegally occupied by the unit or individual under inspection to take photos or make video recording;
(3)order the party(parties) concerned to stop illegal acts relating to land under way;
(4)stop processing formalities of examination and approval and registration of land with respect to the unit or individual suspected of violation of law on land; and
(5)order the law-breaking suspect(s) not to sell, transfer properties relevant to the case during investigation.
Article 33 Where administrative sanctions are to be imposed pursuant to the provisions of Article 72 of the Land Administration Law, they shall be imposed by the competent department of land administration of people's government at the next higher level that has taken the decision on administrative penalty or made the decision on imposing direct administrative penalty. The competent department of land administration at the next higher level may directly make a decision on administrative penalties of meteing out a warning, recording a demerit or recording a major demerit; with respect to decisions on administrative penalties of demotion, removal from office and dismissal, the competent department of land administration at the next higher level should, pursuant to the state provisions concerning limits of authority of personnel management and procedures of handling, put forth a proposal for administrative sanctions to the organ concerned, and it shall be handled by the organ concerned according to law.
Chapter VII Legal Liability
Article 34 Whoever carries out reclamation within the reclamation prohibition zone determined by the overall planning for land utilization in violation of the provisions of Article 17 of these Regulations, the competent department of land administration of people's government above the county level shall order him/her to make a rectification within a given time period; whoever fails to make a rectification on expiry of the given time period, a penalty shall be imposed pursuant to the provisions of Article 76 of the Land Administration Law.
Article 35 Whoever builds permanent construction(s) or structure(s) on land for temporary use, the competent department of land administration of people's government above the county level shall order him/her to dismantle it(them) within a given time period; whoever fails to dismantle on expiry of the given time period, the organ that made the penalty decision shall file an application for mandatory enforcement with a people's court according to law.
Article 36 The reconstructed or expanded constructions or structures that fail to conform to the uses determined in the overall planning for land utilization prior to the formulation of the overall planning for land utilization shall be ordered by the competent department of land administration of people's government above the county level to be dismantled within a given time period; whoever fails to dismantle on expiry of the given time period, the organ that made the penalty decision shall file an application with a people's court for mandatory enforcement according to law.
Article 37 Whoever obstructs functionaries of the competent department of land administration in the discharge of duties according to law shall be imposed penalty of public security administration or investigated of the legal liability according to law.
Article 38 Where a fine is to be imposed pursuant to the provisions of Article 73 of the Land Administration Law, the amount of fine shall be less than 50% of the illegal income.
Article 39 Where a fine is to be imposed pursuant to the provisions of Article 81 of the Land Administration Law, the amount of fine shall be more than 5% less than 20% of the illegal income.
Article 40 Where a fine is to be imposed pursuant to the provisions of Article 74 of the Land Administration Law, the amount of fine shall be less than 200% of the cultivated land reclamation fee.
Article 41 Where a fine is to be imposed pursuant to the provisions of Article 75 of the Land Administration Law, the amount of fine shall be less than 200% of the land reclamation fee.
Article 42 Where a fine is to be imposed pursuant to the provisions of Article 76 of the Land Administration Law, the amount of fine shall be less than RMB 30 yuan per square meter of the illegally occupied land.
Article 43 Where a fine is to be imposed pursuant to the provisions of Article 80 of the Land Administration Law, the amount of fine shall be more than RMB 10 Yuan less than RMB 30 Yuan per square meter of the illegally occupied land.
Article 44 Whoever fails to restore the cultivation conditions on expiry of the given time period in violation of the provisions of Article 28 of these Regulations shall be ordered by the competent department of land administration of people's government above the county level to make a rectification within the given time period, and may be imposed a fine less than 200% of the cultivated land reclamation fee.
Article 45 Whoever obstructs requisition of land for construction by the state in violation of the provisions of laws and regulations on land administration shall be ordered by the competent department of land administration of people's government above the county level to hand over the land; whoever refuses to hand over the land, an application shall be filed with a people's court for mandatory enforcement.
Chapter VIII Supplementary Provision
Article 46 These Regulations shall enter into force as of January 1, 1999. The Regulations on the Implementation of the Land Administration Law of the People's Republic of China promulgated by the State Council on January 4, 1991 is simultaneously superseded.