Land Management Law (China)

Land Administration Law of the People's Republic of China

2006-7-3

Chapter 1 General Provisions

Article 1 In order to strengthen land management, maintain the socialist public ownership of land, protect and develop land resources, rationally use land, effectively protect arable land, and promote sustainable social and economic development, this law is formulated in accordance with the Constitution.

Article 2 The People's Republic of China implements the socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working people.

    All people, that is, the ownership of state-owned land is exercised by the State Council on behalf of the state.

    No unit or individual may occupy, buy or sell or illegally transfer land in other forms. Land use rights can be transferred in accordance with the law.

    The state may requisition collectively-owned land in accordance with the law for the public interest.

   The state implements a system of paid use of state-owned land in accordance with the law. However, the state allocates state-owned land use rights within the scope prescribed by law.

Article 3 It is my country's basic national policy to cherish and rationally use land and effectively protect arable land. People's governments at all levels should take measures to comprehensively plan, strictly manage, protect and develop land resources, and stop illegal occupation of land.

Article 4 The state implements a land use control system.

    The state draws up an overall plan for land use, stipulates land uses, and divides land into agricultural land, construction land, and unused land. Strictly restrict the conversion of agricultural land to construction land, control the total amount of construction land, and implement special protection for cultivated land.

   The agricultural land mentioned in the preceding paragraph refers to the land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, and aquaculture water surface, etc.; construction land refers to the land on which buildings and structures are constructed, including urban and rural residences and public facilities Land, industrial and mining land, transportation and water conservancy facility land, tourism land, military facility land, etc.; unused land refers to land other than agricultural land and construction land.

    Units and individuals using land must use land strictly in accordance with the purposes determined in the overall land use plan.

Article 5 The land administrative department of the State Council shall be responsible for the management and supervision of land nationwide.

   The establishment and responsibilities of the land administrative departments of local people’s governments at or above the county level shall be determined by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the relevant provisions of the State Council.

Article 6 All units and individuals have the obligation to abide by land management laws and regulations, and have the right to report and accuse violations of land management laws and regulations.

Article 7 Units and individuals that have made outstanding achievements in the protection and development of land resources, rational use of land, and related scientific research shall be rewarded by the people's government.

Chapter II Ownership and Use Right of Land

 Article 8 The land in urban areas belongs to the state.

    The land in rural areas and suburban areas is collectively owned by peasants, except for those that are owned by the state as required by law; homesteads, self-retained land, and self-retained mountains are collectively owned by farmers.

Article 9 State-owned land and land collectively owned by farmers may be determined for use by units or individuals in accordance with the law. Units and individuals that use land have the obligation to protect, manage and rationally use land.

Article 10 Land owned by farmers collectively owned by village farmers shall be operated and managed by the village collective economic organization or villagers committee; if the land owned by farmers collectively belongs to two or more rural collective economic organizations in the village, it shall be owned by each village in the village. Economic organizations or villagers’ groups operate and manage; those that are already collectively owned by farmers in the township (town) shall be operated and managed by the rural collective economic organization of the township (town).

Article 11 Land collectively owned by farmers shall be registered by the people's government at the county level, and certificates shall be issued to confirm the right to use.

    If the land collectively owned by farmers is used for non-agricultural construction in accordance with the law, the county-level people’s government shall register and make a record, issue a certificate, and confirm the right to use construction land.

    The state-owned land used by entities and individuals in accordance with the law shall be registered by the people’s government at or above the county level, and certificates shall be issued to confirm the right to use; among them, the specific registration and issuance authority of state-owned land used by central state agencies shall be determined by the State Council.

    Confirmation of the ownership or use right of forest land and grassland, and confirmation of the right to use water surface and tidal flat breeding shall be handled in accordance with the 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 Anyone who changes the ownership and use of land in accordance with the law shall go through the formalities for land change registration.

Article 13 The ownership and use rights of land registered in accordance with the law are protected by law, and no unit or individual may infringe upon it.

Article 14 Land collectively owned by farmers shall be contracted for management by members of the collective economic organization, engaged in plantation, forestry, animal husbandry, and fishery production. The term of land contractual operation is 30 years. The issuer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties. Farmers who contract for land management have the obligation to protect and rationally use the land in accordance with the purposes stipulated in the contract. The right of farmers to contract for land management is protected by law.

    During the period of land contract management, appropriate adjustments to the land contracted between individual contractors must be approved by more than two-thirds of the members of the villagers’ assembly or more than two-thirds of the villagers’ representatives and report to the township (town). Approved by the people's government and the agricultural administrative department of the county-level people's government.

Article 15 State-owned land may be contracted and managed by units or individuals for plantation, forestry, animal husbandry, and fishery production. Land collectively owned by farmers may be contracted and managed by units or individuals other than the collective economic organization for plantation, forestry, animal husbandry, and fishery production. The issuer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties. The period of land contractual management shall be stipulated in the contract. Units and individuals that contract for land management have the obligation to protect and rationally use the land in accordance with the purposes agreed in the contract.

    If the collectively-owned land of farmers is contracted and operated by units or individuals other than the collective economic organization, the consent of more than two-thirds of the members of the villagers’ assembly or more than two-thirds of the villagers’ representatives must be obtained and reported to the township (town) people’s government for approval.

Article 16 Disputes over land ownership and use rights shall be settled by the parties through consultation; if the consultation fails, the people's government shall deal with it.

    Disputes between units are handled by the people's government at or above the county level; disputes between individuals and between individuals and units are handled by the people's government at the township level or the people's government at or above the county level.

   If the party concerned is dissatisfied with the handling decision of the relevant people’s government, he may file a suit in a people’s court within 30 days of receiving the notification of the handling decision.

    Before the disputes over land ownership and use rights are resolved, no party may change the status quo of land use.

Chapter III Overall Land Use Planning

Article 17 People's governments at all levels shall organize the preparation of general plans for land use in accordance with the requirements of national economic and social development plans, land remediation and resource environmental protection, land supply capacity, and land requirements for various constructions.

   The time limit for the overall planning of land use shall be stipulated by the State Council.

Article 18 The overall plan for land use at a lower level shall be prepared in accordance with the overall plan for land use at a higher level.

   The total amount of construction land in the overall land use planning compiled by the local people's governments at all levels shall not exceed the control indicators determined by the upper-level overall land use planning, and the amount of cultivated land shall not be lower than the control indicators determined by the upper-level overall land use planning.

   The overall land use planning compiled by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall ensure that the total amount of cultivated land within the administrative area does not decrease.

Article 19 The overall plan for land use shall be prepared in accordance with the following principles:

   (1) Strictly protect basic farmland and control the occupation of farmland for non-agricultural construction;

    (2) Improve land utilization;

    (3) Make overall arrangements for land use of various types and regions;

    (4) Protect and improve the ecological environment and ensure the sustainable use of land;

    (5) Balance the occupation of cultivated land with the development of cultivated land.

Article 20 The overall plan for land use at the county level shall delimit land use areas and clarify the purpose of the land.

    The overall land use plan of a township (town) shall divide the land use area, determine the purpose of each piece of land according to the land use conditions, and make an announcement.

 Article 21 The overall plan for land use shall be subject to graded examination and approval.

    The overall land use planning of provinces, autonomous regions, and municipalities directly under the Central Government shall be submitted to the State Council for approval.

    The overall land use planning of the cities where the people's governments of provinces and autonomous regions are located, cities with a population of one million or more, and cities designated by the State Council shall be submitted to the State Council for approval after examination and approval by the people's governments of the provinces and autonomous regions.

    The overall land use plans other than those specified in the second and third paragraphs of this article shall be reported level by level to the people’s governments of provinces, autonomous regions, and municipalities for approval; among them, the overall land use planning of townships (towns) may be divided into districts authorized by the provincial people’s government. Approved by the people's government of the city and autonomous prefecture.

    Once approved, the overall land use plan must be strictly implemented.

Article 22 The scale of urban construction land shall meet the standards set by the state, make full use of existing construction land, and occupy no or as little agricultural land as possible.

    The overall urban planning, village and market town planning should be linked with the overall land use planning, and the scale of construction land in the overall urban planning, village and market town planning shall not exceed the scale of construction land for cities, villages and market towns determined in the overall land use plan.

    In the urban planning area, village and market town planning area, the construction land of cities, villages and market towns shall conform to the city planning, village and market town planning.

Article 23 The plans for the comprehensive treatment, development and utilization of rivers and lakes shall be linked with the overall plan for land use. In the scope of management and protection of rivers, lakes, and reservoirs and flood storage and detention areas, land use shall comply with the comprehensive management and development and utilization planning of rivers and lakes, and meet the requirements of rivers and lakes for flood transport, flood storage and water delivery.

Article 24 The people's governments at all levels shall strengthen the management of land use plans and exercise total control of land used for construction.

    The annual land use plan is compiled in accordance with the national economic and social development plan, national industrial policy, overall land use plan, and actual conditions of construction land and land use. The preparation and approval procedures for the annual land use plan are the same as the preparation and approval procedures for the overall land use plan. Once approved and issued, it must be strictly implemented.

Article 25 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall list the implementation of the annual land use plan as part of the implementation of the national economic and social development plan and report to the people's congress at the same level.

Article 26 The modification of the approved overall land use plan must be approved by the original approving authority; without approval, the land use determined in the overall land use plan shall not be changed.

    For large-scale energy, transportation, water conservancy and other infrastructure construction land approved by the State Council, if the overall land use plan needs to be changed, the overall land use plan shall be revised in accordance with the approval document of the State Council.

    If the land used for infrastructure construction such as energy, transportation, water conservancy, etc., approved by the people’s government of a province, autonomous region, or municipality directly under the Central Government needs to be changed in the overall land use plan, it falls within the authority of the provincial people’s government’s overall land use plan. Approve the document to amend the overall land use plan.

Article 27 The state establishes a land survey system.

   The land administrative department of the people's government at or above the county level shall conduct land surveys in conjunction with relevant departments at the same level. The land owner or user shall cooperate with the investigation and provide relevant information.

Article 28 The land administrative department of the people's government at or above the county level, together with relevant departments at the same level, shall assess the land grade based on the results of land surveys, planned land use, and unified standards established by the state.

Article 29 The State establishes a land statistics system.

   The land administrative department of the people's government at or above the county level and the statistics department at the same level jointly formulate statistical survey plans, conduct land statistics in accordance with the law, and release land statistics on a regular basis. The land owner or user shall provide relevant materials, and shall not make false reports, conceal reports, refuse to report, or delay reports.

   The land area statistical data jointly issued by the land administrative department and the statistical department is the basis for the people's governments at all levels to compile the overall land use plan.

 Article 30 The State establishes a national land management information system to dynamically monitor the status of land use.

Chapter IV Protection of Cultivated Land

  Article 31 The state protects cultivated land and strictly controls the conversion of cultivated land to non-cultivated land.

    The state implements a compensation system for the occupation of cultivated land. For non-agricultural construction that is approved to occupy cultivated land, the unit occupying the cultivated land shall be responsible for reclaiming the cultivated land equivalent to the quantity and quality of the cultivated land occupied according to the principle of "occupying as much as the cultivated land". , The farmland reclamation fee shall be paid in accordance with the provisions of the province, autonomous region, and municipality directly under the Central Government, and the special fund shall be used for the reclamation of new farmland.

   The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate plans for cultivated land reclamation, and supervise the units occupying cultivated land to reclaim cultivated land according to the plan or organize the cultivated land reclamation according to the plan, and conduct inspection and acceptance.

Article 32 The local people's government at or above the county level may require units occupying cultivated land to use the soil of the cultivated layer of the occupied cultivated land for soil improvement of newly reclaimed cultivated land, poor quality or other cultivated land.

 Article 33 The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strictly implement the overall land use plan and annual land use plan, and take measures to ensure that the total amount of cultivated land in their administrative area does not decrease; if the total amount of cultivated land decreases, the State Council shall order it to stipulate Within the time limit, organize the reclamation of cultivated land equivalent in quantity and quality to the reduced cultivated land, and the land administrative department of the State Council in conjunction with the agricultural administrative department shall check and accept it. Some provinces and municipalities are indeed lack of land reserve resources. After the newly added construction land, the amount of newly reclaimed cultivated land is not enough to compensate for the amount of cultivated land occupied, they must report to the State Council for approval to reduce or exempt the amount of cultivated land in their administrative area for relocation. reclamation.

Article 34 The State implements a basic farmland protection system. The following arable land shall be classified into basic farmland protection areas in accordance with the general land use plan, and shall be strictly managed:

   (1) Cultivated land in grain, cotton, and oil production bases approved by the relevant competent department of the State Council or local people's governments at or above the county level;

    (2) The cultivated land with good water conservancy and water and soil conservation facilities is undergoing a transformation plan and the medium and low-yield fields that can be transformed;

    (3) Vegetable production base;

    (4) Agricultural scientific research and teaching experimental fields;

    (5) Other cultivated land that should be included in the basic farmland protection zone as required by the State Council.

    The basic farmland demarcated by each province, autonomous region, and municipality directly under the Central Government shall account for more than 80% of the cultivated land within the administrative area.

   The basic farmland protection area shall be demarcated by township (town) as the unit, and the land administrative department of the people's government at the county level shall organize the implementation together with the agricultural administrative department at the same level.

Article 35 People's governments at all levels shall take measures to maintain irrigation and drainage engineering facilities, improve soil, improve soil fertility, and prevent land desertification, salinization, soil erosion and pollution of the land.

Article 36 Land must be used sparingly for non-agricultural construction.

; If bad land can be used, good land shall not be occupied.

   It is forbidden to occupy cultivated land to build kilns, build graves, or build houses on cultivated land, dig sand, quarry, mine, or borrow soil without authorization.

   It is forbidden to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish.

Article 37 It is forbidden for any unit or individual to leave unused or barren cultivated land. For non-agricultural construction that has already gone through the examination and approval procedures, if the cultivated land is not used within a year but can be cultivated and harvested, the collective or individual who originally cultivated the cultivated land shall resume the cultivation, or the land-using unit may organize the cultivation; the construction has not been started for more than one year , The idle fee shall be paid in accordance with the regulations of the province, autonomous region, and municipality directly under the Central Government; if it has not been used for two consecutive years, the people’s government at or above the county level shall recover the land use right of the land-using unit free of charge upon the approval of the original approving agency; the land was originally collectively owned by farmers If it is found, it shall be handed over to the original rural collective economic organization to resume farming.

    Within the urban planning area, the idle land obtained by way of transfer for land use rights for real estate development shall be handled in accordance with the relevant provisions of the Urban Real Estate Management Law of the People’s Republic of China.

   If the unit or individual contracting the farmland abandons the farmland for two consecutive years, the original contracting unit shall terminate the contract and recover the contracted farmland.

Article 38 The State encourages units and individuals to develop unused land in accordance with the overall plan for land use, under the premise of protecting and improving the ecological environment, preventing soil erosion and land desertification; if it is suitable for agricultural land, priority should be given to the development of land. Agricultural land.

    The state protects the legitimate rights and interests of developers in accordance with the law.

Article 39 The reclamation of unused land must undergo scientific feasibility and evaluation, and it shall be carried out within the reclamable area delineated in the overall land use plan and approved in accordance with the law. It is forbidden to destroy forests and grasslands to reclaim arable land, and to reclaim land from lakes and occupy river beaches.

   According to the overall plan for land use, return farmland to forests, pastures, and lakes in a planned and step-by-step manner for the land reclaimed and reclaimed for destroying the ecological environment. Article 40 The development of state-owned barren hills, wastelands, and barren beaches with undetermined use rights for plantation, forestry, animal husbandry, and fishery production may be approved by the people's government at or above the county level for long-term use by development entities or individuals.

Article 41 The state encourages land consolidation. The people's governments of counties and townships (towns) should organize rural collective economic organizations to comprehensively renovate fields, water, roads, forests and villages in accordance with the overall land use plan, improve the quality of arable land, increase the area of effective arable land, and improve agricultural production conditions and ecological environment .

    Local people's governments at all levels should take measures to transform middle and low-yield fields, and renovate idle and abandoned fields.

Article 42 For land damage caused by excavation, subsidence, occupation, etc., land-using units and individuals shall be responsible for reclamation in accordance with relevant state regulations; when there are no conditions for reclamation or if the reclamation does not meet the requirements, land reclamation fees shall be paid. Land reclamation for special land use. The reclaimed land should be used for agriculture first.

Chapter V Construction Land

Article 43 Any unit or individual who needs to use land for construction must apply for the use of state-owned land in accordance with the law; however, the establishment of township enterprises and the construction of houses by villagers are approved in accordance with law to use the land collectively owned by the farmers of the collective economic organization, or the township (Town) Village public facilities and public welfare undertakings construction are excepted for the use of land collectively owned by farmers who have been approved in accordance with the law.

   The state-owned land used in accordance with the law as mentioned in the preceding paragraph includes state-owned land and state-owned land formerly owned by peasant collectives.

Article 44 Where land occupied for construction involves the conversion of agricultural land to construction land, the approval procedures for the conversion of agricultural land shall be completed.

    The land occupied by roads, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, construction projects approved by the State Council, and the conversion of agricultural land to construction land shall be approved by the State Council.

    Within the scale of construction land in cities, villages, and market towns determined in the overall land use plan, if agricultural land is converted to construction land for the purpose of implementing the plan, the agency that originally approved the overall land use plan shall be divided into batches according to the annual land use plan. approve. Within the scope of the approved conversion of agricultural land, land for specific construction projects may be approved by the people's government of the city or county.

    The land occupied by construction projects other than those specified in the second and third paragraphs of this article, involving the conversion of agricultural land to construction land, shall be approved by the people’s government of the province, autonomous region, or municipality directly under the Central Government.

Article 45 The requisition of the following land shall be approved by the State Council:

    (1) Basic farmland;

   (2) The cultivated land other than basic farmland exceeds 35 hectares;

    (3) Other land exceeding 70 hectares.

   The requisition of land other than those specified in the preceding paragraph shall be approved by the people’s government of the province, autonomous region, or municipality directly under the Central Government and reported to the State Council for the record.

    For the requisition of agricultural land, the approval for the conversion of agricultural land shall be processed in advance in accordance with the provisions of Article 44 of this Law. Among them, if the conversion of agricultural land is approved by the State Council, the land requisition approval procedures will be processed at the same time, and no additional land requisition approval will be processed; if the people's government of the province, autonomous region, or municipality approves the conversion of agricultural land within the scope of land requisition approval, the land requisition approval procedures will be processed at the same time. No additional land requisition approval will be processed, and if the authority for land requisition approval is exceeded, a separate land requisition approval shall be processed in accordance with the provisions of paragraph di of this article.

 Article 46: After the state requisition of land, after approval in accordance with legal procedures, the local people's government at or above the county level shall make an announcement and organize the implementation.

   The owner and right holder of the requisitioned land shall, within the time limit specified in the announcement, go to the land administrative department of the local people’s government to register for land requisition with the land ownership certificate.

Article 47 For requisition of land, compensation shall be made according to the original purpose of the requisitioned land.

    Compensation fees for acquired cultivated land include land compensation fees, resettlement subsidies, and compensation fees for ground attachments and young crops. The land compensation fee for cultivated land acquisition shall be six to ten times the average annual output value of the cultivated land in the three years preceding the acquisition. The resettlement subsidy for requisitioned cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of cultivated land acquired by the average amount of cultivated land per capita occupied by the unit before land acquisition. The resettlement subsidy standard for each agricultural population to be resettled shall be four to six times the average annual output value of the three years prior to the requisition of the cultivated land. However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation.

    The standards of land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by provinces, autonomous regions, and municipalities with reference to the standards of land compensation and resettlement subsidies for the acquisition of cultivated land.

    The compensation standards for attachments and young crops on the requisitioned land shall be stipulated by provinces, autonomous regions, and municipalities directly under the Central Government.

   For the requisition of vegetable plots in the suburbs of cities, the land user shall pay the new vegetable plot development and construction fund in accordance with the relevant provisions of the state.

    If land compensation and resettlement subsidies are paid in accordance with the provisions of the second paragraph of this article, and the farmers who need resettlement cannot maintain their original living standards, the resettlement subsidies may be increased with the approval of the people's government of the province, autonomous region, or municipality directly under the Central Government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times the average annual output value of the three years before the land acquisition.

    The State Council may raise the standards of land compensation and resettlement subsidies for cultivated land acquisition under special circumstances according to the level of social and economic development.

Article 48 After the land acquisition compensation and resettlement plan is determined, the relevant local people's government shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been acquired.

Article 49 The rural collective economic organization whose land has been requisitioned shall announce the income and expenditure status of the compensation fees for land requisition to the members of the collective economic organization and accept supervision.

   It is forbidden to embezzle or misappropriate the land compensation fees and other related expenses of the units whose land has been requisitioned.

Article 50 The local people's governments at all levels shall support the rural collective economic organizations and farmers whose land has been requisitioned to engage in development, operation, and establishment of enterprises.

Article 51 The standards for land compensation and resettlement measures for the construction of large and medium-sized water conservancy and hydropower projects shall be separately formulated by the State Council.

Article 52 During the feasibility study and demonstration of a construction project, the competent land administration department may review matters related to construction land and provide opinions in accordance with the overall land use plan, annual land use plan, and construction land standards.

Article 53 Where an approved construction project requires the use of state-owned construction land, the construction unit shall, with relevant documents stipulated by laws and administrative regulations, submit an application for construction land to the competent land administration department of the people’s government at or above the county level with the right of approval. The land administrative department reviews and reports to the people's government at the same level for approval.

Article 54 The use of state-owned land by the construction unit shall be obtained by means of paid use such as transfer; however, the following construction land may be obtained by allocation with the approval of the people's government at or above the county level in accordance with the law:

    (1) Land used by state agencies and military land;

    (2) Urban infrastructure land and land for public welfare undertakings;

    (3) Land for energy, transportation, water conservancy and other infrastructure facilities that are supported by the state;

    (4) Other land required by laws and administrative regulations.

Article 55 Construction units that obtain state-owned land use rights by means of transfer or other paid use can use the land only after paying land use rights transfer fees and other fees in accordance with the standards and methods prescribed by the State Council.

    From the date of implementation of this law, 30% of the paid land use fees for newly-added construction land shall be turned over to the central government and 70% shall be reserved for the relevant local people's governments, all of which shall be earmarked for the development of cultivated land.

Article 56 Where a construction unit uses state-owned land, it shall use the land in accordance with the agreement of the land-use right transfer or other paid use contracts or the land-use right allocation approval document; The land administrative department of the government agrees and submits it to the people's government that originally approved the land for approval. Among them, the change of land use in the urban planning area shall be approved by the relevant urban planning administrative department before submitting for approval.

Article 57 Where construction project construction and geological survey require temporary use of state-owned land or land collectively owned by farmers, the approval of the land administrative department of the people's government at or above the county level shall be required. Among them, the temporary use of land in the urban planning area shall be approved by the relevant urban planning administrative department before being submitted for approval. Land users shall sign temporary land use contracts with relevant land administrative departments or rural collective economic organizations or village committees based on land ownership, and pay compensation for temporary use of land in accordance with the contract.

    Users who use land temporarily shall use the land for the purposes agreed in the contract for temporary use of land and shall not build permanent buildings.

    Generally, the period of temporary use of land shall not exceed two years.

Article 58 In any of the following circumstances, the land administration department of the relevant people's government may reclaim the right to use state-owned land after reporting to the people's government that originally approved the land use or the people's government that has the right to approve:

    (1) It is necessary to use land for the public interest;

    (2) The use of land needs to be adjusted in order to implement urban planning for the reconstruction of the old urban area;

   (3) Land transfer and other paid use contracts have expired, and the land user has not applied for renewal or the application for renewal has not been approved;

   (4) Stop using the originally allocated state-owned land due to the cancellation or relocation of the unit;

    (5) Roads, railways, airports, mines, etc. have been approved to be scrapped.

    Where the right to use state-owned land is recovered in accordance with the provisions of items (1) and (2) of the preceding paragraph, the owner of the land use right shall be appropriately compensated.

Article 59 The construction of townships (towns) and villages such as township enterprises, township (town) and village public facilities, public welfare undertakings, and rural villagers’ residences shall be constructed in accordance with the planning of villages and towns, with reasonable layout, comprehensive development, and supporting construction; construction land shall be Comply with the overall land use plan and annual land use plan of the township (town), and go through the examination and approval procedures in accordance with the provisions of Article 44, Article 60, Article 61, and Article 62 of this law.

Article 60: Rural collective economic organizations that use the construction land determined in the overall land use plan of the township (town) to establish enterprises or jointly establish enterprises with other units or individuals in the form of shares or joint ventures with land use rights shall hold the relevant approval documents and report to the The land administrative department of the local people’s government at or above the county level submits an application, which shall be approved by the local people’s government at or above the county level in accordance with the approval authority prescribed by the province, autonomous region, and municipality directly under the Central Government; among them, the occupation of agricultural land is in accordance with Article 44 of this Law Provisions for approval procedures.

    The construction land used for the establishment of enterprises in accordance with the provisions of the preceding paragraph must be strictly controlled. Provinces, autonomous regions, and municipalities directly under the Central Government may separately stipulate land use standards in accordance with the different industries and business scales of township enterprises.

   Article 61 Where land is required for the construction of public facilities and public welfare undertakings in townships (towns) and villages, the township (town) people’s government shall submit an application to the land administrative department of the local people’s government at or above the county level. The approval authority stipulated by the municipality directly under the Central Government shall be approved by the local people's government at or above the county level; among them, those involving the occupation of agricultural land shall go through the approval procedures in accordance with the provisions of Article 44 of this Law.

Article 62 A rural villager can only own one house site, and the area of the house site shall not exceed the standards set by the province, autonomous region, or municipality directly under the Central Government.

    The construction of houses by rural villagers shall conform to the overall land use planning of the township (town), and try to use the original house sites and free land in the village.

   The residential land of rural villagers shall be reviewed by the people's government of the township (town) and approved by the people's government at the county level; among them, the occupation of agricultural land is involved in the examination and approval procedures in accordance with Article 44 of this Law.

    If rural villagers apply for homestead after selling or renting their houses, they will not be approved.

Article 63. The right to use land collectively owned by farmers may not be transferred, transferred or leased for non-agricultural construction; however, enterprises that comply with the overall land use plan and obtain construction land in accordance with the law may have land use rights due to bankruptcy, mergers, etc. Except for transfers in accordance with the law.

Article 64 Buildings and structures built before the formulation of the overall land use plan that do not conform to the purposes determined in the overall land use plan shall not be reconstructed or expanded.

Article 65 In any of the following circumstances, the rural collective economic organization may recover the land use right after reporting to the people's government that originally approved the land use for approval:

    (1) For the construction of public facilities and public welfare undertakings in towns (towns) and villages, the use of land is required;

    (2) The land is not used in accordance with the approved purpose;

    (3) Stop using land due to cancellation, relocation, etc.

    Where the land collectively owned by farmers is recovered in accordance with the provisions of item (1) of the preceding paragraph, appropriate compensation shall be given to the land-use right holder.

Chapter VI Supervision and Inspection

Article 66 The land administrative department of the people's government at or above the county level shall supervise and inspect violations of land management laws and regulations.

   Land management supervision and inspection personnel shall be familiar with land management laws and regulations, be loyal to their duties and enforce the law impartially.

 Article 67 When the land administrative department of the people’s government at or above the county level performs its supervisory and inspection duties, Has the right to take the following measures:

   (1) Request the unit or individual under inspection to provide documents and materials related to land rights for inspection or copy;

   (2) Request the inspected unit or individual to give an explanation on the issue of land rights;

   (3) Entering into the site of land illegally occupied by the unit or individual under inspection to conduct surveys;

   (4) Order the units or individuals that illegally occupy the land to stop their violations of land management laws and regulations.

 Article 68 Land management supervision and inspection personnel who perform their duties and need to enter the site to conduct surveys and require relevant units or individuals to provide documents, materials and explanations shall show their land management supervision and inspection certificates.

Article 69 Relevant units and individuals shall support and cooperate with the supervision and inspection of land administrative departments of the people's government at or above the county level on illegal land acts, and provide work convenience, and shall not refuse or hinder land management supervision and inspection personnel from performing their duties in accordance with the law.

Article 70: Where the competent land administrative department of the people’s government at or above the county level discovers illegal acts of state personnel during the supervision and inspection work and should be given administrative sanctions in accordance with the law, they shall be dealt with in accordance with the law; The administrative supervision agency of the people's government proposes an administrative sanction, and the relevant administrative supervision agency shall deal with it in accordance with the law.

Article 71 If the land administrative department of the people's government at or above the county level finds that illegal land acts constitute a crime during the supervision and inspection work, it shall transfer the case to the relevant agency and pursue criminal responsibility in accordance with the law; if it does not constitute a crime, it shall be given administrative punishment in accordance with the law.

Article 72: Where administrative penalties shall be imposed in accordance with the provisions of this Law, and the relevant land administrative departments do not impose administrative penalties, the land administrative departments of the people's governments at higher levels have the right to order the relevant land administrative departments to make administrative sanctions or directly impose administrative sanctions. , And give administrative sanctions to the person in charge of the relevant land administrative department.

Chapter VII Legal Responsibilities

Article 73 Where land is bought, sold or transferred illegally in other forms, the illegal income shall be confiscated by the land administrative department of the people’s government at or above the county level; if agricultural land is converted into construction land without authorization in violation of the overall land use plan, the illegal transfer shall be demolished within a time limit. The new buildings and other facilities on the land of the country shall be restored to the original state. For those that conform to the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be confiscated; a fine may be imposed concurrently; the person in charge and who are directly responsible Other persons directly responsible shall be given administrative sanctions in accordance with the law; those who constitute a crime shall be investigated for criminal responsibility in accordance with the law.

Article 74 Whoever violates the provisions of this law by occupying cultivated land to build kilns, building graves, or building houses on cultivated land, digging sand, quarrying, mining, or taking soil without authorization, destroying planting conditions, or land desertification due to land development, In case of salinization, the land administrative department of the people's government at or above the county level shall order it to make corrections or remediation within a time limit, and may concurrently impose a fine; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 75 Anyone who violates the provisions of this law and refuses to perform the obligation of land reclamation shall be ordered by the land administrative department of the people’s government at or above the county level to make corrections within a time limit; if the corrections are not made within the time limit, they shall be ordered to pay the reclamation fee and be used exclusively for land reclamation. A fine can be imposed.

Article 76 Anyone who illegally occupies land without approval or fraudulently obtains approval shall be ordered by the land administrative department of the people’s government at or above the county level to return the illegally occupied land, and in case of violation of the overall land utilization plan, the agricultural land shall be changed to construction without authorization. Where land is used, the newly built buildings and other facilities on the illegally occupied land shall be demolished within a time limit and the land shall be restored to its original state. For those that comply with the overall land use plan, the newly built buildings and other facilities on the illegally occupied land shall be confiscated and a fine may be imposed concurrently. ; The directly responsible person in charge and other directly responsible persons of units that illegally occupy land shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

   Occupy land in excess of the approved amount, and the over-occupied land shall be treated as illegal land occupation.

Article 77: Rural villagers who illegally occupy land to build houses without approval or by fraudulent means shall be ordered by the land administrative department of the people’s government at or above the county level to return the illegally occupied land, and demolish and build new buildings on the illegally occupied land within a time limit. Houses.

    Exceeding the standards stipulated by provinces, autonomous regions, and municipalities directly under the Central Government, the over-occupied land shall be treated as illegal land occupation.

Article 78: Units or individuals that do not have the right to approve the requisition or use of land illegally approve the occupation of land, illegally approve the occupation of land beyond the approved authority, do not approve the land use according to the purpose determined in the overall land use plan, or violate the procedures prescribed by law Where the land occupation or requisition is approved, the approval document is invalid. The person in charge and other directly responsible personnel who illegally approve the requisition and use of land shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law. The illegally approved and used land shall be recovered, and if the party concerned refuses to return it, the land shall be deemed to be illegally occupied.

   Anyone who illegally approves the requisition or use of land and causes losses to the parties concerned shall be liable for compensation in accordance with the law.

 Article 79 If the land requisition compensation fees and other related expenses of the unit whose land is expropriated or misappropriated constitute a crime, criminal responsibility shall be investigated in accordance with the law; if it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law.

Article 80: If the party concerned with the right to use state-owned land refuses to surrender the land, refuses to return the land at the expiration of the temporary use of land, or does not use state-owned land for the approved purpose, the land administration department of the people’s government at or above the county level shall order it. Return the land and impose a fine.

Article 81 Anyone who arbitrarily transfers, transfers or leases the right to use land collectively owned by farmers for non-agricultural construction shall be ordered by the land administrative department of the people’s government at or above the county level to make corrections within a time limit, confiscate the illegal gains, and impose a fine.

Article 82 If the land change registration is not handled in accordance with the provisions of this Law, the land administrative department of the people's government at or above the county level shall order it to do so within a time limit.

Article 83: In accordance with the provisions of this law, if the construction unit or individual is ordered to demolish newly built buildings and other facilities on illegally occupied land within a time limit, the construction unit or individual must immediately stop the construction and demolish it by itself; if the construction continues, the authority that makes the decision on punishment Have the right to stop. If the construction unit or individual is dissatisfied with the administrative penalty decision to order the demolition within a time limit, it may file a lawsuit in a people’s court within 15 days from the date of receiving the decision to order the demolition within a time limit; if it does not initiate a lawsuit and does not dismantle by itself at the expiration of the time limit, a penalty decision shall be made The agency applies to the people's court for compulsory execution in accordance with the law, and the cost shall be borne by the offender.

Article 84 If the staff of the competent land administration department neglects their duties, abuses their power, or engages in malpractices for personal gains, and constitutes a crime, they shall be investigated for criminal responsibility in accordance with the law; if a crime is not constituted, administrative sanctions shall be imposed in accordance with the law.

Chapter 8 Supplementary Provisions

Article 85 This law shall apply to the use of land by Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures, and foreign-funded enterprises; if there are other provisions in the law, those provisions shall prevail.

Article 86 This Law shall go into effect on January 1, 1999.