Standing Committee of the National People’s Congress

Land Administration Law of the People’s Republic of China (2004 Revision)

(Approved at the 16th Session of the Standing Committee of the Ninth National People’s Congress of the People’s Republic of China
on June 25th, 1986. Revised in accordance with the Decision on amending Land Administration Law of the People’s Republic of China.
Revised and adopted at the Fourth Session of the Standing Committee of the Ninth National People’s Congress of the People’s Republic
of China on August 29th, 1998, to be put into effective as of January 1st, 1999. Revised at the 11th Session of the Standing Committee
of the Tenth National People’s Congress on August 28th, 2004)

ContentsChapter I General Provisions

Chapter II Ownership and Right of Use of Land

Chapter III General Plans for the Utilization of Land

Chapter IV Protection of Cultivated Land

Chapter V Land for Construction Purposes

Chapter VI Supervision and Examination

Chapter VII Legal Responsibilities

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1

The law is formulated in accordance with the Constitution with a view to strengthening the administration of land, safeguarding the
socialist public ownership of land, protecting and developing land resources, ensuring a rational use of and giving a real protection
to cultivated land to promote sustainable development of the socialist economy.

Article 2

The People’s Republic of China resorts to a socialist public ownership of land i.e. an ownership by the whole people and ownerships
by collectives.

In ownership by the whole people, the State Council is empowered to be on behalf of the State to administer the land owned by the
State.

No unit or individual is allowed to occupy, trade or illegally transfer land by other means. Land using right may be transferred by
laws.

The state may make expropriation or requisition on land according to law for public interests, but shall give compensations accordingly.

The State introduces the system of compensated use of land owned by the State except the land has been allocated for use by the State
according to laws.

Article 3

To cherish and give a rational use to the land as well as to give a real protection to the cultivated land are seen as a basic principle
of land use in the country. The people’s governments at all levels shall take measures to make an overall plan for the use of land
to strictly administer, protect and develop land resources and curb any illegal occupation of land.

Article 4

The State is to carry out control system on the usages of land.

The State shall draw up general plans to set usages of land including those of farm or construction use or unused. A strict control
is to place on the transformation of land for farm use to that for construction use in order to control the total amount of land
for construction use and exercise a special protection on cultivated land.

Land for farm use in the previous Article refers to land directly used for agricultural production, including cultivated land, wood
land, grassland, land for farmland water conservancy and water surfaces for breeding; land for construction use refers to land on
which buildings and structures are put up, including land for urban and rural housing and public facilities, land for industrial
and mining use, land for building communications and water conservancy facilities, land for tourism and land for building military
installations. The term land unused refers to land other than that for agricultural and construction uses.

Land shall be used strictly in line with the purposes of land use defined in the general plan for the utilization of the land whether
by units or individuals.

Article 5

The land administrative department of the State Council shall be unifiedly responsible for the administration and supervision of land
in the whole country.

The setup and functions of land administrative departments of people’s governments at and above the county level shall be decided
by the people’s governments of provinces, autonomous regions and municipalities under the direct jurisdiction of the central government
(hereinafter referred to as municipalities) according to the relevant provisions of the State Council.

Article 6

Units or individuals shall all be obliged to abide by the laws and regulations concerning land administration and have the right to
report or prosecute acts of violating land administration law and regulations.

Article 7

People’s governments shall award units or individuals who have made outstanding achievements in protecting and developing land resources,
rational utilization of land and in carrying out research in this regard.

Chapter II Ownership and Right of Use of Land

Article 8

Land in urban districts shall be owned by the State.

Land in the rural areas and suburban areas, except otherwise provided for by the State, shall be collectively owned by farmers including
land for building houses, land and hills allowed to be retained by farmers.

Article 9

Land owned by the State and land collectively owned by farmers may be allocated to be used by units or individuals according to law.
Units or individuals using land shall be responsible for the protection, management and a rational use of the land.

Article 10

In lands collectively owned by farmers those have been allocated to villagers for collective ownership according to law shall be operated
and managed by village collective economic organizations or villagers’ committee and those have allocated to two or more farmers
collective economic organizations of a village, shall be operated and managed jointly by the collective economic organizations of
the village or villagers’ groups; and those have allocated to township (town) farmer collectives shall be operated and managed by
the rural collective economic organizations of the township (town).

Article 11

People’s government at the county level shall register and put on record lands collectively owned by farmers and issue certificates
to certify the ownership concerned.

People’s government at the county level shall register and put on record the use of land collectively owned by farmers for non-agricultural
construction and issue certificates to certify the right to use the land for construction purposes.

People’s government at the country level shall register and put on record uses of land owned by the State by units or individuals
and issue certificates to certify the right of use. The State Council shall designate specific units to register and put on record
State-owned land used by central government organs.

Certifications of ownership or use right of wooded land and grassland and the uses or of water surface and beach land for breeding
purpose shall be administrated according to 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

Changes of owners and usages of land, shall go through the land alteration registration procedures.

Article 13

The ownership and use right of land registered according to law shall be protected by law and no unit or individual is eligible to
infringe upon it.

Article 14

Land collectively owned by farmers shall be contracted out to run by members of the collective economic organizations for use in crop
farming, forestry, animal husbandry and fisheries production under a term of 30 years. The contractees shall sign a contract with
the correspondents’ contractor to define each other’s rights and obligations. Farmers who have contracted land for operation are
obliged to use the land rationally according to the purposes agreed upon in the contracts. The right of land contractual operation
by farmers shall be protected by law.

Within the validity term of a contract, the adjustment of land contracted by individual contractors shall get the consent from over
two-thirds majority vote of the villagers’ congress or over two-thirds of villagers’ representatives and then be submitted to land
administrative departments of the township (town) people’s government and county level people’s government for approval.

Article 15

Land owned by the State may be contracted out to run by units or individuals for farming, forestry, animal husbandry and fisheries.
Land collectively owned by farmers may be contracted out to units or individuals who are not belonging to the corresponding collectives
for farming, forestry, animal husbandry and fisheries operations. The contractees and contractors shall sign land use contracts to
define each other’s rights and obligations. The contracted term for operation is to be agreed upon in the land use contracts. Contractors
for the land operation are obliged to protect and use the land rationally according to the usages stipulated in the contracts.

Whereas a land collectively owned by farmers is contracted out for operation to those not belonging to the corresponding collective
organizations, a consent shall be got from the over two-thirds majority vote of the villagers’ congress or over two-thirds of the
villagers’ representatives with the resulted contract being submitted to the township (town) people’s government for approval.

Article 16

Disputes arising from the ownership or use right of land shall be settled through negotiation among parties concerned; If negotiation
fails, the disputes shall be handled by people’s governments.

Disputes among units shall be handled by the people’s government above the county level; disputes among individuals or between individuals
and units shall be handled by township level people’s government or people’s governments at the county level or above.

Whereas parties concerned refuse to accept the decisions by relevant people’s government, the dispute may be brought before the people’s
court within 30 days after the notification on the decision is received.

No party shall change the status quo of the land before the disputes over ownership and use right are settled.

Chapter III General Plans for the Utilization of Land

Article 17

People’s governments at all levels shall manage to draw up general plans for land uses in accordance with the national economic and
social development program, requirements of national land consolidation and resources and environmental protection, land supply capacity
and the requirements of various construction projects.

The validity term of the general plans for land use shall be determined by the State Council.

Article 18

General plans for land use at a lower level shall be compiled according to the general plans for the utilization of land at the next
higher level.

The total amount of land for construction uses in the general plans of land use compiled by local people’s governments at all levels
shall not exceed the controlled targets set in the general plans for land use at the next higher level and the total amount of cultivated
land shall not be lower than the controlled targets set in the general plans for land use at the next higher level.

In mapping out the general plans for land use, the provinces, autonomous regions and municipalities shall ensure that the total amount
of cultivated land under their jurisdiction shall not be reduced.

Article 19

General plans for land use shall be mapped out according to the following principles:

1.

Strictly protect the basic farmland and control the occupation of agricultural land for nonagricultural purposes.

2.

Raise the utilization rate of land.

3.

Make an overall plan and arrangements about the use of land in various kinds and various areas.

4.

Protect and improve the ecological environment to ensure a sustainable use of land.

5.

Keep a balance between the occupied area of cultivated land and the developed and reclaimed area of cultivated land.

Article 20

General plans for land use at the county level shall define the areas and purposes of land use.

General plans for the land use at the township (town) level shall define the areas for the utilization of land and define the purpose
of each tract of land according to the actual conditions for the use of land and make an announcement.

Article 21

General plans for land use shall implement graded examination and approval.

General plans for land use of provinces, autonomous regions and municipalities shall be approved by the State Council.

General plans for land of cities where the people’s governments of province and autonomous regions and municipalities are seated and
cities with a population of over one million and cities designated by the State Council shall be examined by the People’s governments
of relevant provinces and autonomous regions and municipalities and submit them to the State Council for approval.

General plans for land use other than those provided for in the second and third paragraphs of this article shall be submitted for
approval step by step to the people’s governments of provinces, autonomous regions and municipalities. General plans for land uses
of townships (towns) may be approved by the people’s governments of cities or autonomous prefectures authorized by the provincial
level people’s governments.

Once approved, the general plans for the land use shall be implemented strictly.

Article 22

The amount of land used for urban construction shall conform to the standards prescribed by the State so as to make full use of the
existing land for construction purposes, not to occupy or occupy as less agricultural land as possible.

Urban general planning and the planning of villages and market towns shall be in line with the general plans for land use. The amount
of land for construction use in the urban general planning and the planning of villages and market towns shall not exceed the amount
of land used for construction purposes in cities, villages and market towns fixed in the general plans for the utilization of land.

The land for construction purposes in cities, villages and market towns within the planned areas of cities, villages and market towns
shall conform to the city planning and the planning of villages and market towns.

Article 23

The plans for the comprehensive treatment, development and utilization of rivers and lakes shall be applied in accordance with the
general plans for land use. Land uses within the areas of management and protection of rivers, lakes and reservoirs and flood storage
and detention areas shall be in line with plans for the comprehensive control, development and utilization of rivers and lakes and
to the requirements of river channels, flood flows of rivers and lakes, flood storage and water transmission.

Article 24

People’s governments at all levels shall strengthen the administration of plans for land use and exercise control of the aggregate
land for construction purposes.

The annual plan for the land use shall be compiled in line with the national economic and social development program, the State industrial
policies, general plans for land and the actual situation about the land for construction uses and the land utilization. The examination
and approval procedures for the compilation of annual land use plans shall be the same as that for the general plans for land use.
Once approved, they shall be implemented strictly.

Article 25

The people’s governments of provinces, autonomous regions and municipalities shall report the implementations of their annual plans
for the use of land to the people’s congresses at the same level as part of the implementation of their economic and social development
plans.

Article 26

Revision of the general plans for land use shall be approved by the original organ of approval. Without approval, the usages of land
defined in the general plans for the utilization of land shall not be changed.

Whereas the purpose of land use defined in the general plans for the utilization of land needs to be changed due to the construction
of large-scale energy, communications, water conservancy and other infrastructure projects approved by the State Council, it shall
be changed according to the document of approval issued by the State Council.

If the purpose of land defined in the general plans for the utilization of land needs to be changed due to the construction of large-scale
energy, communications, water conservancy and other infrastructure projects approved by provinces, autonomous regions and municipalities,
it shall be changed according to the document of approval issued by the provincial level people’s governments if it falls into their
terms of reference.

Article 27

The State fosters land survey system.

The land administrative departments of the people’s governments at and above the county level shall carry out land surveys together
with relevant departments at the same level. Land owners or users shall provide good cooperation and necessary data and materials
required.

Article 28

Land administrative departments of the people’s government at and above the county level shall, together with relevant departments
at the same level, grade the land according to the results of the surveys, their planned uses and the unified standards formulated
by the State.

Article 29

The State establishes the land statistical system.

Land administrative departments of the people’s governments at and above the county level shall, together with the statistical departments
at the same level shall, formulate plans for statistical surveys and compile statistics about land according to law and regularly
issue statistical data about the land. Land owners and users shall provide relevant materials and it is strictly forbidden to provide
false and concealed materials or refuse to provide or delay the delivery of materials.

The statistical materials about the land areas issued by land administrative departments and statistical departments serve as the
basis for people’s governments at all levels in compiling the general plans for the utilization of land.

Article 30

The State shall establish the national land management information system to conduct dynamic monitoring of the utilization of land.

Chapter IV Protection of Cultivated Land

Article 31

The State protects the cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.

The State fosters the system of compensations to cultivated land to be occupied. In the case of occupying cultivated land for non-agricultural
construction, the units occupying the cultivated land shall be responsible for reclaiming the same amount of land in the same quality
as occupied one according to the principle of reclaiming the same amount of land occupied. Whereas units, which occupy the cultivated
land, are not available with conditions of reclamation of land or the land reclaimed is not up to requirements, the units concerned
shall pay land reclamation fees prescribed by provinces, autonomous regions and municipalities for reclaiming land for cultivation
the land reclaimed.

The people’s governments of all provinces, autonomous regions and municipalities shall formulate plans for reclamation of cultivated
land, see to it that units which occupy cultivated land shall reclaim land as planned or organize the land reclamation according
to plan and examine and accept the land reclaimed.

Article 32

The local people’s governments at and above the county level may demand units which occupy cultivated land to use the topsoil of the
land occupied for use in the newly reclaimed land, poor land or other cultivated land for soil amelioration.

Article 33

People’s governments of all provinces, autonomous regions and municipalities shall strictly implement the general plans for the utilization
of land and annual plan for the use of land, adopt measures to ensure not to reduce the total amount of cultivated land within their
jurisdictions. Whereas reductions occur, the State Council shall order it to organize land reclamation within the prescribed time
limit to make up for the reduced land in the same quantity and quality and the land administrative department of the State Council
shall, together with agricultural administrative department, examine and accept it. Whereas individual provinces and municipalities
find it difficult to reclaim enough land to make up for the land occupied due to scarce reserve resources, the total amount of land
due to be reclaimed in their own regions may be reduced with the approval of the State Council but the rest of land for reclamation
shall be made up for elsewhere.

Article 34

The State fosters the basic farmland protection system. The following cultivated land shall be demarcated as basic farmland protection
areas and subject to stringent control according to the general plans for the utilization of land:

1.

Cultivated land in the grain, cotton and oil-bearing crops production bases approved by the land administrative department of the
State Council or the local people’s governments at and above the county level;

2.

Cultivated land with good water conservancy and water and soil conservation facilities and medium-and low-yielding land where the
execution of amelioration plan is in progress or medium-and low-yielding land that is transformable.

3.

Vegetable production bases;

4.

Experimental plots for research and teaching;

5.

Other cultivated land that shall be designated as basic farmland protection areas as provided for by the State Council.

Areas of basic farmland demarcated by various provinces, autonomous regions and municipalities shall make up over 80% of the cultivated
land within their administrative areas.

Basic farmland protection areas shall be demarcated with township (town) as the unit and the protection of which shall be carried
out by the land administrative departments of the county level people’s governments together with agricultural administrative departments
of the same level.

Article 35

People’s governments at all levels shall take measures to maintain and protect irrigation and drainage facilities, ameliorate the
soil to raise fertility and prevent desertification, salinization, water loss and soil erosion and pollution.

Article 36

Land shall be used sparingly for non-agricultural construction purposes. Whereas wasteland can be used, no cultivated land shall be
occupied; whereas poor land can be used, no good land shall be occupied.

It is forbidden to build kilns, graves or houses on cultivated land or to dig sand, collect stones, do mining and carry soil away
from cultivated land.

It is forbidden to occupy basic farmland to develop horticulture or dig ponds to breed fish.

Article 37

No unit or individual is allowed to let the land idle or go wasted. Whereas a cultivated land which has been occupied for non-agricultural
construction upon approval and can sure start construction within one year is found cultivable and yieldable, it shall be cultivated
by the unit or individual that originally cultivates the land or cultivated by units occupying the land. Whereas construction work
fails to start for over one year, land idling fees shall be paid according to the provisions by various provinces, autonomous region
and municipalities. Whereas construction work fails to start for two successive years, the people’s governments at and above the
county level shall revoke the use right of the land with the approval of the original organ of approval. Whereas the land used to
be owned by farmer collectives, it shall be turned over to original rural collective economic organizations for recultivation.

Idle land that is laying within the urban plan areas and whose use right has been leased for real estate development shall be handled
according to the Urban Property Administration Law of the People’s Republic of China.

Whereas a unit or individual that has contracted for land operation has given up cultivation and allowed the land to go wasted for
two successive years, the original constracting-out party shall terminate the contract and recover the land contracted out for cultivation.

Article 38

The State encourages development of unused land by units or individuals according to the general plans for the utilization of land
and under the precondition of protecting and improving the ecological environment, preventing water loss, soil erosion and desertification.

Land suitable for agricultural use shall have the priority of developing into land for agricultural use.

The State protects the legitimate rights and interests of developers.

Article 39

Reclaiming unused land shall go through scientific argumentation and evaluation and can proceed according to law after approval within
the reclaimable areas demarcated in the general plans for the utilization of land. It is forbidden to destroy forests and grassland
in the process of land reclamation. It is forbidden to carry out landfill of lakes and occupy beachland of rivers.

Whereas reclaimation of a land or rounding up of a land for reclaimation would give harm to ecological environment the land concerned
shall be restored as forerts, pasture fields or lakes step by step and in a planned manner according to the general plans for the
utilization of land.

Article 40

For developing waste hills, land or beachland whose use rights have not been ascertained for crop cultivation, forestry, animal husbandry
or fisheries, the use rights may be given to developers or individuals for long-term use with the approval of the people’s government
at and above the county level according to law.

Article 41

The State encourages land consolidation. People’s governments of counties and townships (towns) shall organize rural collective economic
organizations to carry out comprehensive consolidation of fields, water surface, roads, woods and villages according to the.

general plans for the utilization of land to raise the quality of cultivated land and increase areas for effective cultivation and
improve the agricultural production conditions and ecological environment.

Local people’s governments at all levels shall adopt measures to ameliorate medium-and low-yielding land and consolidate idle and
scattered and abandoned land.

Article 42

Whereas land is damaged due to digging, cave-in and occupation, the units or individuals occupying the land shall be responsible for
reclamation according to the relevant provisions of the State; for lack of ability of reclamation or for failure to meet the required
reclamation, land reclamation fees shall be paid, for use in land reclamation. Land reclaimed shall be first used for agricultural
purposes.

Chapter V Land for Construction Purposes

Article 43

Any unit or individual that need land for construction purposes shall apply for the use of land owned by the State according to law,
except land owned by farmer collectives used by collective economic organizations for building township enterprises or building houses
for villagers or land owned by farmer collectives approved according to law for use in building public facilities or public welfare
facilities of townships (towns).

The term apply for the use of land owned by the State according to law used in the preceding paragraph refers to land owned by the
State and also land originally owned by farmer collectives but having been expropriated by the State.

Article 44

Whereas occupation of land for construction purposes involves the conversion of agricultural land into land for construction purposes,
the examination and approval procedures in this regard shall be required.

For projects of roads, pipelines and large infrastructure approved by the people’s governments of provinces, autonomous regions and
municipalities, land for construction has to be approved by the State Council whereas conversion of agricultural land is involved.

Whereas agricultural land is converted into construction purposes as part of the efforts to implement the general plans for the utilization
of land within the amount of land used for construction purposes as defined in the general plans for cities, villages and market
towns, it shall be approved batch by batch according to the annual plan for the use of land by the organs that approved the original
general plans for the utilization of land. The specific projects within the scope of land approved for conversion shall be approved
by the people’s governments of cities or counties.

Land to be occupied for construction purposes other than those provided for in the second and third paragraphs of this article shall
be approved by the people’s governments of provinces, autonomous region and municipalities whereas conversion of agricultural land
into construction land is involved.

Article 45

The expropriation of the following land shall be approved by the State Council:

1.

Basic farmland;

2.

Land exceeding 35 hectares outside the basic farmland;

3.

Other land exceeding 70 hectares.

Expropriation of land other than prescribed in the preceding paragraph shall be approved by the people’s governments of provinces,
autonomous regions and municipalities and submitted to the State Council for the record.

Expropriation of agricultural land shall first of all go through the examination and approval procedure for converting agricultural
land into land for construction purposes according to the provisions of Article 44 of this law. Whereas conversion of land is approved
by the State Council, the land expropriation examination and approval procedures shall be completed concurrently with the procedures
for converting agricultural land to construction uses and no separate procedures are required. Whereas the conversion of land is
approved by people’s governments of provinces, autonomous regions and municipalities within their terms of reference, land expropriation
examination and approval procedures shall be completed at the same time and no separate procedures are required. Whereas the terms
of reference has been exceeded, separate land expropriation examination and approval procedures shall be completed according to the
provisions of the first paragraph of this article.

Article 46

For expropriation of land by the State the local people’s governments at and above the county level shall make an announcement and
organize the implementation after the approval according to the legal procedures.

Owners or users of the land expropriated shall, within the time limit specified in the announcement, go through the compensation registration
for expropriated land with the land administrative departments of the local people’s governments on the strength of the land certificate.

Article 47

In expropriating land, compensation shall be made according to the original purposes of the land expropriated.

Compensation fees for land expropriated include land compensation fees, resettlement fees and compensation for attachments to or green
crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the expropriation
of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled.
The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated
by the per capital land occupied of the unit whose land is expropriated. The resettlement fees for each agricultural person to be
resettled shall be 4-6 times the average annual output value of the three years preceding the expropriation of the cultivated land.
But the maximum resettlement fee per hectare of land expropriated shall not exceed 15 ti

SEED LAW OF THE PEOPLE’S REPUBLIC OF CHINA (2004 REVISION)

e01613 Standing Committee of the National People’s Congress Seed Law of the People’s Republic of China (2004 Revision) (Adopted at the 16th Session of the Standing Committee of the Ninth National People’s Congress on July 8th, 2000; Revised at the 11th Session of the Standing Committee of the Tenth National People’s Congress on August 28th, 2004) ContentsChapter 1 General Provisions Chapter 2 The Protection of Seed Resources Chapter 3 The Selection, Cultivation, Examination and Approval of Seed Chapter 4 The Production of Seed Chapter 5 The Business Operation of Seed Chapter 6 The Usage of Seed Chapter 7 The Quality of Seed Chapter 8 The Import, Export of and Foreign Cooperation on Seed Chapter 9 The Administrative Management of Seed Chapter 10 Legal Liabilities Chapter 11 Supplementary Provisions Chapter 1 General Provisions Article 1 The present law is enacted with a view to making reasonable use of seed resources; controlling the selection, production, business operation and use of seed; protect the legal rights of the producers, business operators and users of seed; promoting seed quality; boosting the industrialization process of seed; and accelerating the development of the planting and forestry industries. Article 2 This law shall apply to the breeding, selection, production, business operation, usage, management of seed and other activities in China. The term “seed” in this Law means the materials of crops and forest trees used for planting or propagation, including seed grains, fruits, roots, stems, seedlings, buds and leaves, etc. Article 3 The administrative departments in charge of agriculture and forestry under the State Council are respectively in charge of the work of crop seed and forest tree seed in China. The local crop administrative departments and forestry administrative departments above the county level should respectively take charge of the work of crop seed and forest tree seed within their respective administrative region. Article 4 The State supports the protection of seed resources, the breeding, production, rebirth and popularization of quality seeds. The state encourages the combination of seed breeding and seed production, and both encourages and rewards persons and entities that have good performance in the work of seed resource protection, quality seed selection, breeding, popularization, etc. Article 5 The People’s government above the county level shall make development plans according to the guidelines of strengthening agriculture through science and education and to the requirements for the development of the planting and forestry industries, and should adopt some methods of finance, credit and revenue to ensure the implementation of the plans. Article 6 Special funds shall be set up by the State Council and the People’s governments of the provinces, autonomous regions, municipalities directly under the State Council to support the selection, breeding and popularization of quality seed. Specific measures shall be formulated by the State Council. Article 7 The State shall establish a seed reserve system to meet the demand of production in case of disasters and to ensure the safety of agricultural production. The reserved seed shall be checked and replaced on a regular basis. Specific measures for seed reserves shall be formulated by the State Council. Chapter 2 The Protection of Seed Resources Article 8 The State protects seed resources according to law. No individual or entity may usurp on or destroy the seed resources. Wild seed resources are also subject to the special protection of the State and shall be prohibited from collection or felling. In special cases such as scientific research where collection or felling is necessary, the collection or felling shall be subject to the approval of the administrative departments of agriculture and forestry under the State Council or the People’s Governments of the provinces, autonomous regions, municipalities directly under the State Council. Article 9 The State shall collect, sort out, appraise, record, preserve, exchange and utilize seed resources in a planned way, and regularly release the catalog of available seed resources. The administrative departments of agriculture and forestry under the State Council shall provide detailed measures for the above listed activities. The administrative departments of agriculture and forestry under the State Council should establish a state seed resources database, and the administrative departments of agriculture and forestry under the People’s Governments of the provinces, municipalities and cities directly under the State Council may, where necessary, establish seed resources databases and protection areas according to actual needs. Article 10 The State has sovereignty over the seed resources. The supplying by any individual or entity of seed resources to foreign countries shall be subject to the approval of the administrative departments of agriculture and forestry under the State Council. The introduction of foreign seed resources into China should be handled according to the relevant stipulations of the administrative departments of agriculture and forestry under the State Council. Chapter 3 The Selection, Cultivation, Examination and Approval of Seed Article 11 The administrative departments of agriculture, forestry, science and technology, education, etc., under the State Council and the People’s Governments of the provinces, autonomous regions, and municipalities directly under the Central Government, shall organize relevant entities to carry out the research of seed selection and of the techniques and methods of seed selection. The State encourages and supports entities and individuals to breed and develop quality seed. Article 12 The State shall establish a new plant species protection system. The system will grant the rights of a new species to those cultured or to those species discovered in the wilderness that have not yet been cultivated or developed and that are characterized by novelty, uniqueness, consistency and stability. The new plant species protection system will protect the lawful rights and interests of the holder. Specific measures shall be subject to the relevant provisions of the State. If the selected species has been widely disseminated, the breeder shall be enpost_titled to obtain corresponding economic profits according to law. Article 13 If an individual or an entity’s income has decreased because of the establishment of forests for test or experiment purposes, or the establishment of areas for the collection of quality saplings, or the establishment of gene bases with the approval of the administrative departments of forestry, the administrative departments that has given such approvals shall give economic compensation to the individual or entity according to related stipulations. Article 14 A safety assessment should be carried out for the selection, breeding, test, examination and popularization of trans-genetic plant species, and safety measures shall be adopted strictly. The State Council shall determine the details. Article 15 Main crop or tree species shall pass the safety examination and be approved at the national or provincial level before popularization. An applicant can directly apply for the examination and approval of either level. Those main crop and tree species as determined by the administrative departments of agriculture and forestry under the People’s Government of provinces, autonomous regions and municipalities directly under the Central Government shall be examined and approved by the corresponding provincial department. The methods for the examination and approval of main crop species and tree species shall embody the rule of equity, openness, science and efficiency. Such measures shall be formulated by the administrative departments of agriculture and forestry under the State Council. The administrative departments of agriculture and forestry under the State Council and the People’s Governments of provinces, autonomous regions and municipalities directly under the Central Government shall respectively establish a committee for the examination and approval of crop and tree Species to take on the examination and approval of main crop and forestry species. The committee shall be comprised of professional experts in these fields. In regions with an ecological diversity, the administrative departments of agriculture and forestry for provinces, autonomous regions and municipalities directly under the Central Government may entrust a city or an autonomous prefecture with districts under them to administer the examinations of and the approvals for the main crop and tree species suitable for popularization within specific ecological regions. Article 16 The lists of main quality crop varieties and tree seeds and saplings that have passed the national-level examination and have been approved shall be distributed by the administrative departments of agriculture and forestry under the State Council, and the seeds or saplings on the list may be popularized throughout the country. A list of those seeds and saplings that have passed provincial examinations and have been approved may be distributed by the administrative departments under the People’s Government of a province, an autonomous region or a municipality directly under the Central Government, and the seeds or saplings listed may be popularized in the specified ecological region. Similar ecological regions in nearby provinces, autonomous regions or municipalities directly under the Central Government may introduce seed approved in other regions into their own only after the approval of the administrative departments of agriculture and forestry under the People’s Government of a province, an autonomous region or a municipality directly under the Central Government. Article 17 The crop species that do not pass the examination and approval cannot be released, transferred or popularized. Tree species that fail to pass the examination or to obtain approval cannot be regarded as quality seeds to use and popularize, but if there is necessity to use them for production, they shall be subject to the verification of the Tree Species Examination and Approval Committee. Article 18 If the applicant objects to the result of the examination and approval process for a particular crop variety, she/he can ask for the original Examination and Approval Committee or the Committee of a higher level to re-examine that variety. Article 19 Where foreign individuals, businesses or organizations with no regular abode or business place in China apply for the examination and approval of seeds, they shall entrust the matter to Chinese institutions with legal qualifications engaged in scientific research, production and operation in seeds. Chapter 4 Seed Production Article 20 A permission-based system shall be put into practice for commercial seed production of crop and tree varieties. The licenses for the production of crossbreed seed and parent seed of main crops, original seed of conventional strains and the seed of main improved tree varieties shall be issued by the People’s Government administrative departments of agriculture and forestry of provinces, autonomous regions and municipalities directly under the Central Government. They shall be issued only after they have been examined and approved by the administrative departments of agriculture and forestry under the local People’s Government at the county level. The production licenses for other seeds shall be issued by the administrative departments of agriculture and forestry under the local People’s Government at the county level or above. Article 21 Entities applying for the seed-production license shall possess the following qualifications (1) Possessing the isolation and cultivation conditions required for seed propagation; (2) Possessing a site for seed-production free of quarantined plant diseases and insect pests or a seed-collection forest approved by forestry administrative department under the People’s Government above the county level; (3) Possessing enough capital and facilities to produce and test the seed; (4) Possessing professional technicians for seed production and test; (5) Complying with other conditions stipulated by laws and regulations. To apply for a license for the production of seeds with the rights of new plant variety, consent in written form must be sought from the entity owning the seed rights. Article 22 The seed-production license must indicate seed species, production place, and valid period, and other details regarding the seed variety and production location. It is forbidden to counterfeit, alter, buy or lease a seed-production license, and it is also forbidden for any entity or individual to carry out seed production without a license or against the stipulations under the license. Article 23 The production of commercial seeds shall follow the technical procedures for seed production and the procedures for seed test and quarantine. Article 24 The collection of seeds at the production site shall be organized by the operator of the site, and it shall be carried out according to related national standards. It is forbidden to pick immature seed, damage the parent trees, and to collect seeds from inferior quality forests or trees. Article 25 The producer must record and file a record of the details of his/her commercial seed production. The record shall indicate the production place, environmental conditions, original crop, parent seed resources, persons in charge of quality and technology, field-check record, the weather record of production place, and seed distribution etc. Chapter 5 Seed Operation Article 26 A license system shall be carried out for seed operation. The seed operator must first obtain a seed-operation license before applying for the transaction or modification of an operating license to the administrative office of industry and commerce. A multi-level system of examination, approval and granting for the seed-operation license shall be put into practice at every level. The administrative departments of agriculture and forestry under the local People’s Governments above the county level issue and examine the seed-operation license. The administrative departments of agriculture and forestry of the local People’s Government of the county level shall audit the seed-operation license of main crossbreed crop seeds, parent seeds, seeds of normal resources, and the seeds of main improved tree species. The administrative departments of agriculture and forestry of the People’s Government of provinces, autonomous regions and municipalities directly under the Central Government shall check and grant the license. The seed-operation licenses for seed companies that combine seed selection, cultivation, production and operation and import/export companies, whose registered capital meets the requirements stipulated by the administrative department of agriculture and forestry under the State Council, shall be examined by the of agriculture and forestry under the People’s Governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be granted by the administrative department of agriculture and forestry under the State Council. Article 27 The residual ordinary seeds that have been bred and used by farmers can be sold and exchanged on the market without any operating license, and the People’s Government of provinces, autonomous regions and municipalities directly under the Central Government shall formulate administrative measures. Article 28 The State encourages and supports scientific research entities, schools and technicians to research on and legally develop, deal in and popularize the new varieties of crops and improved forest varieties. Article 29 The entity or individual applying for the seed-operation license shall possess the following qualifications (1) Having the capital consistent with the species and quantity of the seeds that they deal in, and can independently assume the civil responsibilities; (2) Having the personnel that can correctly identify the seeds that they deal in, check the seed quality, and master the technologies for the storage and protection of seeds; (3) Having the business place that is suitable for the variety and quantity of the seeds they deal in, the facilities for the processing, packing and storage of the seeds, and the device to check the quality of the seeds, and (4) Other conditions stipulated by laws and regulations. For the seeds operators who only deal in those seeds for which no further sub-package is needed, or for the distributors entrusted in written form by those seeds operators who possess the seed-operation license, they need not transact a seed-operation license. Article 30 The valid area for a seeds operation license shall be determined by the department that has granted it within its domination. The seed operator can establish branches according to the valid area stipulated by the seed-operation license and need not obtain any further licenses. But they shall file a record to the local administrative departments of agriculture and forestry and the original license-granting office within 15 days after they have transacted or modified the operation license. Article 31 The seed-operation license must indicate the business scope, operation method, valid area and valid period for the seed operation. It is forbidden to counterfeit, change, buy or borrow the seed-operation license, and it is forbidden for any entity or individual with no license or without complying with the stipulations of the license to deal in seeds. Article 32 The seed operator shall comply with related stipulations of laws and regulations to provide the seed users with the characteristics, the main instructions for the planting, the conditions for the usage of the seeds and related consultancy services, and shall be responsible for the seed quality. No entity or individual is allowed to interfere with the independent operation rights of the seed operator. Article 33 No one is permitted purchase the seeds of rare trees and the forest seeds subject to restricted purchase by the People’s Government of the corresponding level without the approval of the competent administrative department of forests of the People’s Governments of the provinces, autonomous regions, and municipalities directly under the Central Government. Article 34 The seeds to be sold shall be processed, classified and packed, except for those that cannot be processed or packed. The big-package seeds or the imported seeds may be divided into smaller packages, but the entity to carry this task must be marked clearly and it shall be fully responsible for the seed quality. Article 35 The seeds to be sold shall be attached with a label indicating seed type, variety, name, production place, quality indicators, quarantine certificate number, license number of seed production and operation, or document number for import examination and approval, etc. The contents of the label shall be consistent with the seed to be sold. For the sale of imported seeds, a Chinese label must be attached. For the sale of trans-genetic plant seeds, it must be marked with obvious written language and provided with safety control measures as well. Article 36 The seed operator must establish files for seed operation, indicating brief content on the sources, processing, storage, transportation and quality check of the seed, and the persons responsible and where the seed will be sold. The operation documents of annual crop seeds shall be kept for two years after the sale, while the administrative departments of agriculture and forestry under the State Council shall stipulate the archival period of the operation documents for perennial crop seeds and tree seeds. Article 37 The contents of seed advertisements shall be consistent with this law and other laws and regulations related to advertising, and the description of the main characteristics shall be in line with the examined and approved bulletin. Article 38 The seeds to be transferred or mailed out of a county shall be attached with a quarantine certificate. Chapter 6 The Usage of Seed Article 39 The seed user having the right to buy seeds fully of his/her own free will, and no entity or individual is allowed to interfere illegally. Article 40 The forestation project mainly or fully invested by the State or the forestation project carried out by a state forestry entity shall use the improved forest variety according to the plan formulated by the administrative department of forestry. The State shall support the forestation of shelterbelt using improved forest variety and other forestation projects with special usage. Article 41 If a seed user suffers loss because of the seed quality, the seed supplier shall compensate for it, and the compensation shall include the money for the purchase of the seeds, related expenses and the loss of attainable profits. After the operator compensates for the buyer’s loss, the operator has the right, if the seed user’s loss has been caused by the seed producer or other operators, to claim for the compensation from the seed producer or other operators. Article 42 If a civil dispute is caused by seed usage, the parties can come to agreement by negotiation or intermediation. If one of the parties is reluctant to resolve the dispute by above methods or the dispute cannot come to agreement, the party can apply for arbitration to the arbitration organizations. The party can also directly go to the People’s Court. Chapter 7 Seed Quality Article 43 The administrative departments of agriculture and forestry under the State Council shall stipulate the industry standards and quality management methods of seed production, processing, package, check and storage. The administrative department of agriculture and forestry shall be in charge of the supervision of the seed quality. Article 44 The administrative department of agriculture and forestry can entrust a quality test unit to check the seed quality. The seed quality test institution shall possess corresponding test conditions and abilities and pass the examination of related administrative departments under the People’s Government above the provincial level. Article 45 The institutions for the test of seed quality shall be equipped with qualified seed inspectors who shall have the following qualifications (1) Graduating from a technical secondary school, majoring in a related subject; (2) Having engaged in the work of seed quality test for more than three years; (3) Having passed the examination of the administrative departments of agriculture and forestry under the People’s Government above the provincial level. Article 46 It is forbidden to produce or deal in false or inferior quality seeds. False seed includes the following (1) Use non-seed to imitate seed or use a kind of seed to imitate another kind of seed; and (2) The seed variety, type and production place are not consistent with the contents of the label. The following are inferior quality seeds (1) The seed whose quality is lower than that of the national standards; (2) The quality is lower than what is marked on the label; (3) The quality has changed and the seeds cannot be used as seeds; (4) The percentage of weed seeds is more than the stipulated value; and (5) With maleficent organisms quarantined by the State. Article 47 In case that the crop seed must be used because of force majeure, and its quality is lower than that of the seed-usage standards of the national or local government, the seed usage must be approved by the People’s Government above local county level, while the forest seed must be approved by the People’s Government of local provinces, autonomous regions and municipalities directly under the Central Government. Article 48 The entity or individual engaged in the seed selection, cultivation, production, operation and management shall comply with stipulations of related quarantine law and administrative regulations to avoid the spread of dangerous diseases, insect pests and weeds for plants. It is forbidden for any entity or individual to carry out inoculation experiments on plant diseases and insect pests in a seed production base. Chapter 8 Import, Export and Foreign Cooperation for Seed Article 49 The quarantine system must be put into practice for seed import and export to prevent plant dangerous diseases, insect pests and weeds from coming into or going out of China. The detailed quarantine work shall be carried out according to the quarantine law of plant import and export. Article 50 The legal entities or other organizations engaged in the business of seed import and export must possess the seed-operation license; in addition, they must get the permission to carry out import and export trade on seeds according to foreign trade law and administrative regulations. The State Council shall stipulate the limits of power to examine and approve the introduction of crop seeds or forest seeds from foreign countries, stipulate the examination and approval measures to import and export crop seeds and forest seeds, and determine the administrative measures to introduce trans-genetic plant species from foreign countries. Article 51 The quality of imported and exported seed shall meet national standards or industry standards. If there is no national standards or industry standards for the seed quality, the standard in the contract shall be carried out accordingly. Article 52 Seed import to produce seed for foreign countries shall not be restricted by Paragraph1 of Article 50 , provided that there is a seed production contract, the imported seed must only be used for seed production and its products cannot be sold in China. The crop varieties imported from foreign countries for test must be cultivated in isolation, and the harvest cannot be sold as commercial seed in China. Article 53 It is forbidden to import and export false or inferior quality seeds, or the seeds that are not permitted to import and export by national stipulations. Article 54 For the foreign enterprises or other economic organizations to invest in seed production and operation in China, the administrative measures and examination/approval procedures shall be formulated by related departments under the State Council pursuant to related laws and administrative regulations. Chapter 9 Administrative Management for Seed Article 55 The administrative departments of agriculture and forestry are the law enforcement agencies on seeds. Seed law enforcers shall identify themselves by showing their certificate of law execution when legally carrying out their line of duty. To implement this law, the administrative departments of agriculture and forestry can check the locale. Article 56 The administrative departments of agriculture and forestry and their personnel may not take part in or undertake activities of seed production or operation. The organizations of seed production and/or operation may not take part in or undertake the administrative management work of seeds. The administrative department and the organizations of seed production and/or operation shall be separated from each other on personnel and financial affairs. Article 57 The administrative departments of agriculture and forestry under the State Council and the People’s Governments of provinces, autonomous regions and municipalities directly under the Central Government, in whose regions the seed is cultivated other than where the organizations of seed production and/or operation are registered, shall strengthen the coordination and management on seed cultivation. The traffic and transportation departments shall first guarantee the transportation of seeds. Article 58 When granting related licenses, the administrative departments of agriculture and forestry shall not charge any expenses except the production costs of certificates. Chapter 10 Legal Responsibilities Article 59 For any entity or individual who violates the stipulations of this law to produce or deal in false seeds or inferior quality seeds, the administrative departments of agriculture and forestry or other administrative management organizations of industry and commerce under the People’s Government of the county level or above shall order them to stop production or operation, confiscate the seeds and illegal income, revoke the seed-production license, seed-operation license or business license, and impose a fine for the illegal actions. If there is illegal income, a fine of 5 to 10 times the illegal income shall be imposed on them; if there is no illegal income, a fine of RMB 2,000 Yuan to RMB 50,000 Yuan shall be imposed. If a crime is constituted, criminal responsibilities shall be investigated and affixed according to related laws. Article 60 For those who break the stipulations of this law and have done one of the following, the administrative departments of agriculture and forestry under the People’s Government above the county level shall order them to correct, confiscate the seeds and illegal income, impose a fine of 1 to 3 times the illegal income, and impose, if there is no illegal income, a fine of RMB 1,000 Yuan to RMB 30,000 Yuan on them, revoke the seed-production license or seed-operation license. If is crime is constituted, criminal responsibilities shall be investigated and affixed according to related laws (1) Producing seeds without having obtained the seed-production license, or by counterfeiting, changing, buying or leasing the seed-production license, or going against the stipulations of the seed-production license. (2) Dealing in seeds without having obtained the seed-operation license, or by counterfeiting, changing, buying or leasing the seed-operation license, or going against the stipulations of the seed-production license. Article 61 For those who break the stipulations of this law and have done one of the following, the administrative departments of agriculture and forestry under the People’s Government above county level shall order them to correct, confiscate the seeds and the illegal income, impose a fine of 1 to 3 times the illegal income, impose, if there is no illegal income, a fine of RMB1,000 Yuan to RMB20,000 Yuan on them, revoke the seed-production license or seed-operation license. If a crime is constituted, criminal responsibilities shall be investigated and affixed according to related laws (1) Selling seeds produced for foreign countries in China; (2) The harvest of the test-crop seeds introduce into China is sold as commercial seeds in China; and (3) Privately collecting or felling of natural variety resources protected by the State. Article 62 For those who break the stipulations of this law and have done one of the following, the administrative departments of agriculture and forestry under the People’s Government above the county level shall order THE MINISTRY OF FINANCE AND THE STATE ADMINISTRATION OF TAXATION NOTICE ABOUT ADJUSTING PERTINENT POLICIES ON TAX REDUCTION AND EXEMPTION CONCERNING HOUSE TAX Ministry of Finance, State Administration of Taxation The Ministry of Finance and the State Administration of Taxation Notice about Adjusting Pertinent Policies on Tax Reduction and Exemption Concerning House Tax Cai Shui [2004] No. 140 The finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, cities directly under separate state planning, local tax bureaus, the Finance Bureau of Xinjiang Production and Construction Corps: With a view to regulating the revenue policies and to further strengthening the administration on the collection of house taxes, it was decided upon discussion that the Interpretations and Interim Provisions of the Ministry of Finance and the State Administration of Taxation on Some Specific Issues Concerning the House Tax (Cai Shui Di Zi Di [86] No. 008) shall be partially amended in an appropriate way, that is, to abolish Article 18 which provides that the house properties of a slightly profitable enterprise or loss-making enterprise “may be exempted from the house tax within a certain period upon the decision made by the local tax bureau in light of the actual circumstances” and Article 20 which provides that “after an enterprise stops production or is cancelled, if the house properties formerly owned by it are left unused, it may be exempted from the house tax temporarily upon approval of the tax bureau of the province, autonomous region or municipality directly under the Central Government.” The Ministry of Finance and the State Administration of Taxation August 19, 2004

Ministry of Finance, State Administration of Taxation 2004-08-19

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CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

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CONSTITUTION ACT, 1982 – page 17

CONSTITUTION ACT, 1982 – page 16

CONSTITUTION ACT, 1982 – page 12

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CONSTITUTION ACT, 1982 – page 9

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CONSTITUTION ACT, 1982 – page 7

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