Thursday, December 20, 2007

Chinese Mandarin - Land Administration Law of the People's Republic of China

BIZCHINA / Land Resources

Land Administration Law of the People's Republic of China

Updated: 2006-05-08 11:18

(Adopted at the 16th Meeting of the Standing Committee of the Sixth
National People's Congress on June 25, 1986, amended in accordance with
the Decision on Revising the Land Administration Law of the People's
Republic of China made by the Standing Committee of the Seventh National
People's Congress at its 5th Meeting held on December 29, 1998, and
revised at the 4th Meeting of the Standing Committee of the Ninth
National People's Congress on August 29, 1998)

ChapterI General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the
purpose of strengthening land administration, maintaining the socialist
public ownership of land, protection and developing land resources,
making proper use of land, effectively protecting cultivated land and
promoting sustainable development of the society and the economy.

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

Ownership by the whole people means that the State Council exercises the
right of ownership of State-owned land on behalf of the State.

No units or individuals may encroach on or transfer land, through buying,
selling or other illegal means. The right to the use of land may be
transferred in accordance with law.

The State may, in the public interest, lawfully requisition land owned by
collectives.

The State applies, in accordance with law, a system of compensated use of
State-owned land, with the exception of land the right to the use of
which is allocated by the State within the provisions of laws.

Article 3 To value land highly, use land rationally and protect
cultivated land effectively is China's basic policy. People's governments
at all levels shall take measures, draw up overall plans, tighten
control, protect and develop land resources, and prevent unlawful
occupation and use of land.

Article 4 The State applies a system of control over the purposes of use
of land.

The State formulates overall plans for land utilization in which to
define the purposes of use of land and classify land into land for
agriculture, land for construction and unused land. It shall rigidly
restrict conversion of land for agriculture to land for construction,
keep the total area of the land for construction under control and give
special protection to cultivated land.

Land for agriculture as referred to in the preceding paragraph means land
that is directly used for agricultural production, including cultivated
land, forest land, grassland, land for irrigation and water conservancy
and water surfaces for aquaculture; land for construction means land for
construction buildings and other structures, including land for housing
in urban and rural areas, for public utilities, for industries and
mining, for communications and water conservancy, for tourism and for
military installations; unused land means land other than land for
agriculture and construction.

All units and individuals shall use land in strict compliance with the
purposes of use defined in the overall plans for land utilization.

Article 5 The land administration department under the State Council
shall be in charge of unified administration of and supervision over the
land throughout the country.

The establishment and duties of the land administration departments of
local people's governments at or above the country level shall be decided
by people's governments of provinces, autonomous regions and
municipalities directly under the Central Government in accordance with
the relevant regulations of the State Council.

Article 6 All units and individuals shall have the obligation to observe
the laws and regulations governing land administration and shall have the
right to report against or accuse any violations of such laws or
regulations.

Article 7 The people's governments shall reward the units or individuals
that achieved outstanding successes in protecting and developing land
resources, using land rationally and carrying out relevant scientific
research.

Chapter II Ownership of Land and Right to the Use of Land

Article 8 Land in the urban areas of cities shall be owned by the State.

Land in rural and suburban areas shall be owned by peasant collectives,
except for those portions which belong to the State as provided for by
law; house sites and private plots of cropland and hilly land shall also
be owned by peasant collectives.

Article 9 State-owned land and land owned by peasant collectives may be
lawfully determined to be used by units or individuals. Units and
individuals that use land shall have the obligation to protect and manage
the land and make rational use of the land.

Article 10 Land owned by peasant collectives that belongs lawfully to
peasant collectives of a village shall be operated and managed by
collective economic organizations of the village or by
villagers'committees; land already owned by different peasant collectives
that belong to two or more different collective economic organizations in
the village shall be operated and managed by the rural collective
economic organizations in the village or by villagers' teams; land
already owned by peasant collectives of a township (town) shall be
operated and managed by rural collective economic organizations of the
township (town).

Article 11 Land owned by peasant collectives shall be registered and
recorded by people's governments at the county level, which shall, upon
verification, issue certificates to confirm the ownership of such land.

Land owned by peasant collectives to be lawfully used for
non-agricultural construction shall be registered and recorded by
people's governments at the county level, which shall, upon verification,
issue certificates to confirm the right to the use of the land for such
construction.

State-owned land to be lawfully used by units or individuals shall be
registered and recorded by people's governments at or above the county
level, which shall, upon verification, issue certificates to confirm
their right to the use of such land. The specific organs for registration
and issue of certificates for State-owned land to be used by central
State organs shall be determined by the State Council.

Ownership or the right to the use of forest land or grassland and the
right to the use of water surfaces or tidal flats for aquaculture shall
be confirmed respectively in accordance with the relevant provisions of
the Forestry Law, the Grassland Law and the Fisheries Law of the People's
Republic of China.

Article 12 Any change to be lawfully made in land ownership, in the right
to the use of land or in the purpose of use of land shall be registered.

Article 13 The lawfully registered ownership of law and right to the use
of land shall be protected by law and may not be infringed upon by any
units or individuals.

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