Regulations for the Implementation of the Land Administration Law of the People's Republic of China

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)。

Chapter II Ownership and Use Right of land

　　Article 2 The following land shall be owned by the whole people, that is, by the State:

　　(1) Land in urban areas;

　　(2) land in rural areas and urban suburbs that has been confiscated, expropriated or purchased as state-owned land according to law;

　　(3) land expropriated by the State according to law;

　　(4) woodlands, grasslands, unreclaimed land, beaches and other land not owned by collectives according to law;

　　(5) land formerly owned by the collectives of rural economic collectives that all their members have converted to urban residents;

　　(6) The land formerly owned by the migrated peasants is no longer used after the collective relocation of the organized land by the state, natural disasters and other reasons。

　　Article 3 The State implements a system of land registration and certification according to law。The ownership and use right of land registered according to law shall be protected by law and shall not be infringed upon by any unit or individual。

　　The content of land registration and the style of land ownership certificate shall be uniformly stipulated by the land administrative department under The State Council。

　　Land registration data can be publicly searched。

　　To confirm the ownership or use right of forest land and grassland, and to confirm the use right of water surface and beach for breeding shall be handled in accordance with the relevant provisions of the Forestry Law, the Grassland Law and the Fisheries Law respectively。

　　Article 4 For land collectively owned by peasants, land owners shall apply for land registration to the land administrative departments of the people's governments at the county level where the land is located, and the people's governments at the county level shall register and put it on record and issue certificates of ownership of collective land to confirm the ownership。

　　Where land collectively owned by peasants is used for non-agricultural construction according to law, the land user shall file an application for land registration with the land administrative departments of the people's governments at the county level where the land is located, which shall be registered and put on record by the people's governments at the county level and issue a collective land use right certificate to confirm the use right of the land for construction purposes。

　　The people's governments of cities divided into districts may implement unified registration of land collectively owned by peasants within their municipal districts。

　　Article 5 For state-owned land used by units and individuals according to law, the land user shall file an application for land registration with the land administrative departments of the people's governments at and above the county level where the land is located, which shall be registered and put on record by the people's governments at and above the county level, and issue a certificate of state-owned land use right to confirm the use right。Among them, the land administrative department under The State Council shall be responsible for the registration and certification of state-owned land used by central State organs, and the specific registration and certification measures shall be formulated by the land administrative department under The State Council in conjunction with the government Offices Administration Administration of The State Council and other relevant departments。

　　People's governments at or above the county level shall register and put on record state-owned land whose right to use has not been determined, and shall be responsible for its protection and administration。

　　Article 6 Changing the ownership and use right of land according to law，The transfer of the right to the use of the land is caused by the transfer of aboveground buildings, structures and other attachments according to law，An application for registration of land alteration must be filed with the land administrative department of the people's government at or above the county level where the land is located，The original land registration organ shall register the change of land ownership and use right according to law。The alteration of the ownership and use right of land shall take effect from the date of registration of the alteration。

　　To change the use of land according to law, an application for land alteration registration must be submitted to the land administrative departments of the people's governments at or above the county level in the place where the land is located with the approval documents, and the original land registration organs shall carry out the alteration registration according to law。

　　Article 7 In accordance with the relevant provisions of the Land Administration Law, the land registration authority shall cancel the land registration。

　　Where the term of use stipulated in the contract for paid use of the right to the use of the land expires and the land user fails to apply for renewal or the application for renewal is not approved, the original land registration organ shall cancel the land registration。

Chapter III General planning for land use

　　Article 8 The general plan for the use of land throughout the country shall be compiled by the land administrative department under The State Council in conjunction with the relevant departments under The State Council and submitted to The State Council for approval。

　　The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the land administrative departments at the corresponding levels and other relevant departments to compile the general plans for land use and submit them to The State Council for approval。

　　General plans for land use of the cities where the people's governments of provinces and autonomous regions are located, cities with a population of more than 1 million and cities designated by The State Council shall be formulated by the people's governments of the cities at the corresponding levels by the land administrative departments and other relevant departments, and shall be submitted to The State Council for approval after examination and approval by the people's governments of provinces and autonomous regions。

　　General plans for land use other than those provided for in the first, second and third paragraphs of this article，Land administrative departments at the same level and other relevant departments shall be organized by the relevant people's governments，Report to the people's governments of provinces, autonomous regions and municipalities for approval step by step;among，Township (town) land use general planning，It shall be compiled by the township (town) people's government，It shall be submitted step by step to the people's government of the province, autonomous region or municipality directly under the Central Government or to the people's government of a city divided into districts or an autonomous prefecture authorized by the people's government of the province, autonomous region or municipality directly under the Central Government for approval。

　　Article 9 The term of general plans for land use shall generally be 15 years。

　　Article 10 In accordance with the provisions of the Land Administration Law, the general plan for the utilization of land shall divide the land into agricultural land, construction land and unused land。

　　The general plans for land use at the county level and at the township (town) level shall, according to needs, delimit basic farmland protection areas, land reclamation areas, construction areas and reclamation prohibited areas.Among them, the township (town) land utilization master plan shall also determine the use of each piece of land according to the conditions of land use。

　　Specific measures for the classification of land and the demarcation of land use areas shall be formulated by the land administrative department under The State Council in conjunction with the relevant departments under The State Council。

　　Article 11 After the general plans for land use of townships (towns) have been approved according to law, the township (town) people's governments shall announce them within their respective administrative areas。

　　The announcement shall include the following:

　　(1) Planning objectives;

　　(2) the planning period;

　　(3) the scope of planning;

　　(4) land use;

　　(5) the approving authority and the date of approval。

　　Article 12 Where the general plans for the use of land are revised in accordance with the provisions of the second and third paragraphs of Article 26 of the Land Administration Law, the original drafting authority shall revise the plans according to the approval documents of The State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。The revised general plan for land use shall be submitted to the original approval authorities for approval。

　　After the revision of the general plan for the use of land at the next higher level involves the revision of the general plan for the use of land at the next higher level, the people's government at the next higher level shall notify the people's government at the next higher level to make the corresponding amendment and report it to the original approval organ for the record。

　　Article 13 People's governments at all levels shall strengthen the management of annual plans for the use of land and exercise control over the total amount of land for construction purposes。Once approved and issued, the annual plan for land use must be strictly implemented。

　　The annual plan for land use shall include the following contents:

　　(A) agricultural land conversion plan indicators;

　　(2) Cultivated land holding plan indicators;

　　(3) Indicators of land development and consolidation plans。

　　Article 14 The land administrative departments of the people's governments at or above the county level shall conduct land surveys together with the relevant departments at the same level。

　　Land survey shall include the following contents:

　　(1) Land ownership;

　　(2) current situation of land use;

　　(3) Land conditions。

　　The results of the investigation on the current situation of local land use shall be made public after being examined and approved by the people's government at the corresponding level and submitted to the people's government at the next higher level.The results of the survey on the current situation of land use throughout the country shall be released to the public after being submitted to The State Council for approval。Procedures for land investigation shall be formulated by the land administrative department under The State Council in conjunction with the relevant departments under The State Council。

　　Article 15 The land administrative department under The State Council shall, together with the relevant departments under The State Council, formulate the standards for grading land。

　　The land administrative departments of the people's governments at or above the county level shall, together with the relevant departments at the same level, evaluate the grade of land according to the standards for grading land。The results of the local land grading shall be announced to the public after being examined by the people's government at the corresponding level and submitted to the land administrative department of the people's government at the next level for approval。

　　According to the national economic and social development, the land grade is adjusted once every six years。

Chapter IV Protection of cultivated land

　　Article 16 Within the scope of land used for construction in cities, villages and market towns as determined in the general plans for the utilization of land，To occupy cultivated land for the implementation of urban planning and planning of villages and market towns，Land occupied by energy, transportation, water conservancy, mining, military facilities and other construction projects outside the scope of urban construction land determined in the general plan for the utilization of land，The municipal and county people's governments, rural collective economic organizations and construction units shall be responsible for reclaiming cultivated land in accordance with the provisions of Article 31 of the Land Administration Law.There is no condition for reclamation or the cultivated land under reclamation does not meet the requirements，Arable land reclamation fees shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government。

　　Article 17 It is prohibited for units and individuals to engage in land development activities within the prohibited reclamation areas defined in the general plans for the utilization of land。

　　In the land reclamation area defined in the general plan for land utilization，Developing state-owned barren hills, unreclaimed land or deserted beaches for cultivation, forestry, animal husbandry or fishery，An application shall be filed with the land administrative department of the people's government at or above the county level where the land is located，It shall be submitted for approval to the people's government having the power of approval。

　　The development of state-owned barren hills, unredeveloped land and deserted beaches of less than 600 hectares without ascertained land use rights shall be approved by the local people's governments at or above the county level in accordance with the authority prescribed by provinces, autonomous regions and municipalities directly under the Central Government.The development of more than 600 hectares shall be submitted to The State Council for approval。

　　With the approval of the people's governments at or above the county level in accordance with law, the development units or individuals of state-owned barren hills, unredeveloped land and deserted beaches for cultivation, forestry, animal husbandry or fishery may be assigned for long-term use, and the term of use shall not exceed 50 years。

　　Article 18 People's governments of counties and townships (towns) shall, in accordance with the general plans for the utilization of land, organize rural collective economic organizations to formulate plans for land consolidation and organize their implementation。

　　Local people's governments at all levels shall take measures to promote land consolidation in accordance with the general plans for land utilization。60% of the new cultivated land area in land consolidation can be used as a compensation index for arable land occupied by construction。

　　The expenses for land consolidation shall be borne jointly by rural collective economic organizations and land users in accordance with the principle that who benefits shall bear the expenses。

Chapter V Land for construction

　　Article 19 Land occupied for construction, involving the conversion of agricultural land into construction land, shall conform to the indicators for the conversion of agricultural land determined in the general plan for the utilization of land and the annual plan for the utilization of land;Land occupied for the construction of cities, villages and market towns, involving the conversion of agricultural land, shall also conform to the urban planning and the planning of villages and market towns。The conversion of agricultural land into construction land shall not be approved if the land fails to meet the provisions。

　　Article 20 Land occupied for the purpose of implementing urban planning within the scope of land used for urban construction as determined in the general plans for the utilization of land shall be handled in accordance with the following provisions:

　　(1) Municipal and county people's governments shall, in accordance with their annual plans for the utilization of land, formulate plans for the conversion of agricultural land, plans for the replenishment of cultivated land and plans for the expropriation of land, and report them step by step to the people's governments with the power of approval。

　　(2) The land administrative departments of the people's governments with the power of approval shall examine the plans for the conversion of agricultural land, the plans for the replenishment of cultivated land and the plans for the expropriation of land，Submit review comments，Report to the people's government with the power of approval for approval;among，The plan for supplementary cultivated land shall be approved by the people's government that approves the plan for the conversion of agricultural land together with the plan for the conversion of agricultural land。

　　(3) After approval of the plans for the conversion of agricultural land, the plans for supplementary cultivated land and the plans for the expropriation of land, the municipal and county people's governments shall organize the implementation and provide land separately according to the specific construction projects。

　　Where land is occupied for the purpose of implementing the planning for villages and market towns within the scope of land used for construction as determined in the general plans for the utilization of land, the people's governments of cities and counties shall draw up plans for the conversion of agricultural land and plans for the replenishment of cultivated land and handle the matter in accordance with the procedures prescribed in the preceding paragraph。

　　Article 21 Where land needs to be used for a specific construction project, the construction unit shall apply once and go through the examination and approval procedures for construction land according to the overall design of the construction project.For projects to be constructed in stages, the application for construction land may be made in stages according to the plan determined in the feasibility study report, and the relevant examination and approval procedures for construction land may be completed in stages。

　　Article 22 Where a specific construction project needs to occupy state-owned construction land within the scope of urban construction land determined in the general plan for the utilization of land, it shall be handled in accordance with the following provisions:

　　(1) During the feasibility study and demonstration of construction projects, the land administrative department shall review the matters related to the land used for construction projects and put forward the pre-examination report of the land used for construction projects;When the feasibility study report is submitted for approval, it must be accompanied by the pre-examination report issued by the land administrative department for construction projects。

　　(2) The construction unit shall hold the relevant approval documents of the construction project，An application for construction land shall be submitted to the land administrative departments of the municipal and county people's governments，It shall be examined by the land administrative departments of the city and county people's governments，Preparation of land supply programme，Report to the municipal or county people's governments for approval;Approval by the people's government at a higher level is required，It shall be submitted to the people's government at a higher level for approval。

　　(3) After the land supply plan is approved, the municipal and county people's governments shall issue the approval letter of land for construction to the construction unit。For compensated use of state-owned land, land administrative departments of the municipal and county people's governments shall sign contracts for compensated use of state-owned land with land users.Where state-owned land is allocated for use, the land administrative departments of the municipal and county people's governments shall issue a written decision on state-owned land allocation to the land users。

　　(4) Land users shall apply for land registration according to law。

　　Where the right to use state-owned land for construction is provided by means of bidding or auction, the land administrative departments of the municipal and county people's governments shall, together with other relevant departments, draw up plans and submit them to the municipal and county people's governments for approval. After that, the land administrative departments of the municipal and county people's governments shall organize the implementation and sign contracts for compensated use of land with the land users。Land users shall apply for land registration according to law。

　　Article 23 Where land needs to be used for specific construction projects, state-owned construction land within the scope of urban construction land determined in the general plan for the utilization of land must be applied for according to law。Land outside the scope of urban construction land defined in the general plan for the utilization of land for energy, transportation, water conservancy, mining, military facilities and other construction projects, involving agricultural land, shall be handled in accordance with the following provisions:

　　(1) During the feasibility study and demonstration of construction projects, the land administrative department shall review the matters related to the land used for construction projects and put forward the pre-examination report of the land used for construction projects;When the feasibility study report is submitted for approval, it must be accompanied by the pre-examination report issued by the land administrative department for construction projects。

　　(2) The construction unit shall hold the relevant approval documents of the construction project，An application for construction land shall be submitted to the land administrative departments of the municipal and county people's governments，It shall be examined by the land administrative departments of the city and county people's governments，Formulation of agricultural land conversion programs, supplementary farmland programs, land acquisition programs and land supply programs (involving state-owned agricultural land)，No land acquisition plan)，After examination and approval by the municipal and county people's governments，Report to the people's government with the power of approval for approval step by step;among，The plan for supplementary cultivated land shall be approved by the people's government that approves the plan for the conversion of agricultural land together with the plan for the conversion of agricultural land;The people's government that approves the land expropriation shall approve the land expropriation plan at the same time (involving state-owned agricultural land)，The people's government that approves the conversion of agricultural land shall approve it together with the conversion plan of agricultural land.)。

　　(3) After the plans for the conversion of agricultural land, the plans for supplementary cultivated land, the plans for the expropriation of land and the plans for the supply of land are approved, the municipal and county people's governments shall organize the implementation and issue the approval letter for the construction land to the construction units。For compensated use of state-owned land, land administrative departments of the municipal and county people's governments shall sign contracts for compensated use of state-owned land with land users.Where state-owned land is allocated for use, the land administrative departments of the municipal and county people's governments shall issue a written decision on state-owned land allocation to the land users。

　　(4) Land users shall apply for land registration according to law。

　　If a construction project really needs to use land outside the scope of urban construction land determined in the general plan for the utilization of land, and involves unused land owned by peasant collectives, only the plans for land expropriation and land supply shall be submitted for approval。

　　Article 24 A specific construction project needs to occupy unused state-owned land as determined in the general plan for the utilization of land，In accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government;however，Land for national key construction projects, military installations, construction projects in cross-province, autonomous region, and administrative region directly under the Central government, and other construction projects as stipulated by The State Council，It shall be submitted to The State Council for approval。

　　Article 25 After the land expropriation plan is approved according to law，The implementation shall be organized by the people's governments of the cities and counties where the land is expropriated，And will approve the land expropriation organ, the approval number, the use of land expropriation, the scope, the area and the compensation standard for land expropriation, the settlement method for agricultural personnel and the time limit for land expropriation compensation，A public announcement shall be made in the township (town) and village where the land is located。

　　The owner of the land expropriated or the holder of the right to use the land shall, within the time limit prescribed in the announcement, go through the registration of compensation for the expropriated land with the land ownership certificate to the land administrative department of the people's government designated in the announcement。

　　The land administrative departments of the municipal and county people's governments shall, in accordance with the approved plans for land expropriation, work out plans for land compensation and resettlement together with the relevant departments, announce them in the townships (towns) and villages where the land is located, and listen to the opinions of the rural collective economic organizations and farmers whose land is expropriated。After the plans for land compensation and resettlement are submitted to the municipal and county people's governments for approval, the land administrative departments of the municipal and county people's governments shall organize the implementation。If there is any dispute over the standard of compensation, it shall be coordinated by the local people's government at or above the county level.If coordination fails, the decision shall be made by the people's government that approved the expropriation of land。Disputes over land expropriation compensation and resettlement do not affect the implementation of the land expropriation plan。

　　All fees for land expropriation shall be paid in full within 3 months from the date of approval of the land expropriation compensation and resettlement plan。

　　Article 26 Land compensation fees shall be owned by rural collective economic organizations;The compensation fee for the above-ground attachments and green seedlings shall be owned by the owner of the above-ground attachments and green seedlings。

　　The resettlement fees for land expropriated must be used exclusively for the purpose and may not be appropriated for other purposes。The persons to be resettled shall be resettled by rural collective economic organizations，Resettlement subsidies shall be paid to rural collective economic organizations，To be managed and used by rural collective economic organizations;Placed by other units，The resettlement subsidy shall be paid to the resettlement unit;It doesn't need to be unified，The resettlement subsidy shall be paid to the individual resettled person or used to pay the insurance expenses of the resettled person after obtaining the consent of the resettled person。

　　The municipal, county and township (town) people's governments shall strengthen supervision over the use of resettlement subsidies。

　　Article 27 Where land is urgently needed for emergency rescue and disaster relief, land may be used first。Among them, the temporary land shall be restored to its original state and returned to the original land users after the disaster, and no longer go through the land approval procedures;If it is a permanent construction land, the construction unit shall apply for the approval of the construction land within 6 months after the end of the disaster。

　　Article 28 Where temporary occupation of cultivated land is required for construction projects and geological exploration, land users shall restore planting conditions within one year from the expiration of the temporary use of land。

　　Article 29 The ways of compensated use of state-owned land include:

　　(1) Transfer of state-owned land use right;

　　(2) Lease of state-owned land;

　　(3) State-owned land use rights as a price of investment or shares。

　　Article 30 The compensated land use fee for new construction land as stipulated in Article 55 of the Land Administration Law refers to the average net land income that the State shall obtain from the new construction land。

Chapter VI Supervision and inspection

　　Article 31 The personnel for land administration supervision and inspection shall undergo training and pass the examination before they can engage in land administration supervision and inspection。

　　Article 32 In performing the duties of supervision and inspection, the land administrative departments may take the following measures in addition to the measures provided for in Article 67 of the Land Administration Law:

　　(1) interrogating parties, suspects and witnesses in illegal cases;

　　(2) entering the land illegally occupied by units or individuals under inspection to take photographs or video on the spot;

　　(3) order the party concerned to stop the ongoing land violations;

　　(4) Stop going through relevant land approval and registration procedures for units or individuals suspected of violating land laws;

　　(5) To order the suspect not to sell or transfer the property related to the case during the investigation。

　　Article 33 Where an administrative sanction is given in accordance with the provisions of Article 72 of the Land Administration Law, the land administrative department of the people's government at a higher level shall make the decision on administrative penalty or directly impose the decision on administrative penalty。Decision on administrative sanction of warning, demerit and major demerit，Land administrative departments at higher levels may directly make the decision;Decision on administrative sanction of demotion, removal or dismissal，The land administrative department at the higher level shall comply with the provisions of the State on personnel management authority and handling procedures，To make recommendations on administrative sanctions to relevant authorities，It shall be handled by the relevant authorities according to law。

Chapter VII Legal responsibilities

　　Article 34 Whoever, in violation of the provisions of Article 17 of these Regulations, carries out reclamation within the prohibited reclamation areas defined in the general plans for the utilization of land, shall be ordered by the land administrative departments of the people's governments at or above the county level to make corrections within a time limit;Those who do not make corrections within the time limit shall be punished in accordance with the provisions of Article 76 of the Land Administration Law。

　　Article 35 Where permanent buildings or structures are built on land temporarily used, the land administrative departments of the people's governments at or above the county level shall order them to be dismantled within a time limit.If the demolition is not done within the time limit, the organ that has made the decision on punishment shall apply to the people's court for compulsory execution according to law。

　　Article 36 Rebuilding or expanding buildings and structures built before the general plans for the utilization of land are not in conformity with the purposes specified in the general plans for the utilization of land，The land administrative department of the people's government at or above the county level shall order the demolition within a time limit;Those that are not dismantled within the time limit，The organ that makes the penalty decision shall apply to the people's court for compulsory execution according to law。

　　Article 37 Those who obstruct the functionaries of land administrative departments from performing their duties according to law shall be given administrative penalties for public security or be investigated for criminal responsibility according to law。

　　Article 38 If a fine is imposed in accordance with the provisions of Article 73 of the Land Administration Law, the amount of the fine shall be less than 50% of the illegal income。

　　Article 39 If a fine is imposed in accordance with the provisions of Article 81 of the Land Administration Law, the amount of the fine shall be not less than 5% but not more than 20% of the illegal gains。

　　Article 40 If a fine is imposed in accordance with the provisions of Article 74 of the Land Administration Law, the amount of the fine shall be less than 2 times of the reclamation fee for cultivated land。

　　Article 41 If a fine is imposed in accordance with the provisions of Article 75 of the Land Administration Law, the amount of the fine shall be less than 2 times of the land reclamation fee。

　　Article 42 Where a fine is imposed in accordance with the provisions of Article 76 of the Land Administration Law, the amount of the fine shall be less than 30 yuan per square meter of illegally occupied land。

　　Article 43 If a fine is imposed in accordance with the provisions of Article 80 of the Land Administration Law, the amount of the fine shall be not less than 10 yuan but not more than 30 yuan per square meter of illegally occupied land。

　　Article 44 Those who violate the provisions of Article 28 of these Regulations and fail to restore planting conditions within the time limit shall be ordered by the land administrative departments of the people's governments at or above the county level to make corrections within a time limit and may be imposed a fine of not more than 2 times the cultivated land reclamation fee。

　　Article 45 Anyone who violates the provisions of land administration laws and regulations and obstructs the expropriation of land for state construction shall be ordered to surrender the land by the land administrative departments of the people's governments at or above the county level.If he refuses to surrender the land, he shall apply to the people's court for compulsory execution。

Chapter VIII Supplementary Provisions

　　Article 46 These Regulations shall come into force as of January 1, 1999。The Regulations for the Implementation of the Land Administration Law of the People's Republic of China promulgated by The State Council on January 4, 1991 shall be repealed simultaneously。