| Category |
LAND ADMINISTRATION |
Organ of Promulgation |
The State Council |
Status of Effect |
Invalidated |
| Date of Promulgation |
1991-01-04 |
Effective Date |
1991-02-01 |
Date of Invalidation
|
1999-01-01 |
|
Regulations for the Implementation of the Land Administration Law of the People’s Republic of China (1991) |
Chapter I General Provisions
Chapter II Land Ownership Rights and Land Use Rights
Chapter III Utilization and Protection of Land
Chapter IV Land for State Construction
Chapter V Land for Township(Town) and Village Construction
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
(Promulgated by Decree No.73 of the State Council of the People’s
Republic of China on January 4, 1991, effective on February 1, 1991)
(Editor’s Note: This Regulations has been annulled by REGULATIONS FOR THE
MPLEMENTATION OF THE LAND ADMINISTRATION LAW OF THE PEOPLE’S REPUBLIC OF
CHINA promulgated on December 27, 1998, and effective as of January 1, 1999)
Chapter I General Provisions
Article 1 These Regulations are formulated according to the provisions
of Article 56 of the Land Administration Law of the People’s Republic of
China (hereinafter referred to as the Land Administration Law).
Article 2 The State Land Administration shall be responsible for the
uniform administration of land throughout China.
Chapter II Land Ownership Rights and Land Use Rights
Article 3 The whole people, that is the state, shall hold post_title to the
following types of land:
(1) land in urban areas;
(2) land in rural and suburban areas which has been legally expropriated,
occupied, requisitioned, requisitioned by purchase or returned to the state
(except land legally designated or confirmed as collectively owned land); and
(3) forest areas, grassland, mountain ridges, wasteland, beaches, river
banks and other land not confirmed by the state as being collectively owned.
Article 4 A party with post_title to collectively owned land or a party using
state-owned land must submit a land registration application to the land
administration department of its local people’s government at county level or
above.
Registration of collectively owned land shall be carried out by the local
people’s governments at county level. After verification, a certificate of
post_title to collectively owned land shall be issued confirming right of
ownership.
Registration of state-owned land used by a unit or individual shall be
carried out by the local people’s governments at county level or above. After
verification, a land use certificate for state-owned land shall be issued
confirming right of usage.
The format of land certificates shall be uniformly formulated by the
State Land Administration.
Confirmation of ownership of or the right to use forest or grassland
areas or the right to use waters and their banks or beaches for aquatic
breeding purposes shall be handled in accordance with the relevant provisions
of the Forest Law, Grasslands Law and Fisheries Law respectively.
Article 5 Local people’s governments at county level or above shall
register state-owned land which has yet to be developed or used and shall be
responsible for its protection and management.
Article 6 If an amendment is legally made to land ownership or land use
rights or if land use rights are assigned as the result of the legal purchase
and sale or assignment of buildings, attachments, etc., on the land, an
application to register an amendment of the land ownership or land use rights
must be submitted to the land administration department of the local people’s
government at county level or above and the local people’s government at
county level or above shall replace the land certificate.
When buildings or attachments on land are legally purchased, sold or
assigned, procedures to register transfer of ownership shall be carried out
pursuant to relevant state regulations.
Article 7 If a land user’s rights are withdrawn in accordance with the
provisions of Article 19 of the Land Administration Law, the land
administration department shall report the matter to the people’s government
at county level or above for approval to cancel the land user’s land use
certificate for state-owned land. The land administration department shall
also carry out procedures for canceling land registration.
Article 8 Disputes between units owned by the whole people, between units
with collective ownership or between units owned by the whole people and those
with collective ownership, over the ownership of or the right to use land
shall be settled by the people’s government at county level or above in the
locality of the land.
Disputes between individuals or between individuals and units owned by the
whole people or units with collective ownership, over the right to use land
shall be settled by the people’s government at township or county level in the
locality of the land.
If a dispute over land ownership or land use rights necessitates the
reconfirmation of land ownership or land use rights, the local people’s
government at county level or above shall confirm the ownership or usage
rights and issue a land certificate.
Chapter III Utilization and Protection of Land
Article 9 The state shall establish a land survey system, the content of
which shall include surveying the possession of land rights, land use
circumstances and land conditions.
The State Land Administration, in conjunction with other relevant
authorities, shall formulate a national land survey plan for implementation
subject to approval of the State Council.
Land administration departments of local people’s governments at county
level and above shall, in conjunction with other relevant authorities,
formulate their local land survey plans. These plans shall be implemented
after submitted to and approved by the people’s governments at the same level
and reported for the record to the land administration departments of
people’s governments at the next higher level.
Land administration departments of local people’s governments at county
level and above shall organize relevant authorities to carry out land surveys.
Landowners and land users shall co-operate with such surveys and provide
necessary information.
Article 10 Land administration departments of local people’s governments
at county level and above shall, in conjunction with relevant authorities,
evaluate the grading of land pursuant to land survey results.
Article 11 The state shall establish a land statistics system. Land
administration departments of local people’s governments at county level and
above shall, in conjunction with statistics authorities, undertake land
statistics work pursuant to the law. Statistics personnel shall exercise their
authority to gather land-related statistics in accordance with the law.
Landowners and land users shall provide statistical information and shall be
prohibited from making false reports, concealing the truth, refusing to
provide or delaying the provision of information or falsifying or distorting
information.
Article 12 The State Land Administration, in conjunction with relevant
authorities, shall draft national overall land utilization plans which, after
comprehensive balancing by the State Planning Commission, shall be implemented
subject to approval by the State Council.
Land administration departments of local people’s governments at county
level and above shall, in conjunction with relevant authorities, draft overall
land utilization plans for their respective levels which, after comprehensive
balancing by planning authorities at the same level, shall be submitted to
the people’s governments at the same level for examination and approval. Such
plans shall be implemented subject to further approval by people’s governments
at the next higher level.
People’s governments at township level shall draft their overall land
utilization plans which shall be implemented subject to approval by the county
level people’s governments.
Any amendments to approved overall land utilization plans must be
submitted to the original approving organ for approval.
Article 13 For developing state-owned barren hills, wasteland, river
banks or beaches, an application must be submitted to the local land
administration department. Approval shall be granted by the local people’s
government at county level or above pursuant to the approval jurisdiction
stipulated by the province, autonomous region or municipality directly under
the central government. Should the law or regulations stipulate otherwise,
matters shall be handled pursuant to the provisions of the law or regulations.
If developing between 10,000 and 20,000 mu of land at one time, approval must
be obtained from the State Land Administration. If developing more than 20,000
mu of land at one time, approval must be obtained from the State Council.
Article 14 A unit or individual proposing to change cultivated land into
non-cultivated land must obtain approval from the local people’s government
at county level or above.
Article 15 Land which a unit or individual has contracted to operate and
private plots or hills legally confirmed as being for private use by an
individual must be used pursuant to the stipulated usage. The unauthorized
construction of buildings, kilns or tombs, mining, quarrying or the excavation
of sand or earth shall be prohibited.
A unit or individual proposing to engage in business activities such as
mining, quarrying or the excavation of sand or earth on the land as referred
to in the preceding paragraph must submit an application to the land
administration department of the local people’s government at county level or
above and obtain approval from the people’s government at county level or
above. Should the law or regulations stipulate otherwise, matters shall be
handled pursuant to the provisions of the law or regulations.
Article 16 A unit or individual using land capable of reclamation
following mining or the excavation of sand or earth shall be responsible for
its reclamation pursuant to the provisions of the Land Reclamation Regulations
promulgated by the State Council. Land administration departments of people’s
governments at county level or above shall, in conjunction with relevant
authorities, inspect the reclamation work before issuing approval.
Chapter IV Land for State Construction
Article 17 Land used by the state for economic and cultural development,
national defense construction and public welfare undertakings shall be used
economically and rationally. When submitting a construction project design
assignment for approval, the opinion of the local land administration
department must be attached.
Article 18 Examination and approval procedures for the use of land in
state construction:
(1) A construction unit proposing to use land for construction purposes
shall apply to the land administration department of the local people’s
government at county level or above in the locality of the land it wants to
expropriate by presenting an approved design assignment or other relevant
documents such as preliminary designs or annual capital construction plans.
(2) The land administration department of the local people’s government
at county level or above shall examine the application to use land for
construction purposes and determine the boundaries of the area of land to be
used, as well as arrange for the construction unit, the unit which originally
held the rights to the land and other relevant units to discuss matters of
compensation and resettlement in relation to the expropriated land and report
these details to the people’s government at county level or above for
approval.
(3) After the application to use land for construction purposes is
approved by the relevant people’s government at county level or above pursuant
to the statutory approval jurisdiction, the people’s government at county
level or above in the locality of the expropriated land shall issue a document
of approval to use the land for construction purposes and the land
administration department shall transfer the land use rights in full or in
stages, depending on the construction schedule.
(4) After completion of construction, when the department in charge of the
construction project arranges for the relevant authorities to examine
construction prior to acceptance of the project, the land administration
department of the people’s government at county level or above shall inspect
and verify the actual use of the land (after completion of a construction
project in an urban planning district, the administrative authority in charge
of urban planning shall, in conjunction with the land administration
department, inspect and verify the actual use of the land) and, subject to
confirmation, land registration procedures shall be carried out pursuant to
the relevant provisions of Chapter II of these Regulations and a land use
certificate for state-owned land shall be issued.
If applying to use land within an urban planning district for construction
purposes, the construction unit or individual shall handle matters pursuant to
the procedures stipulated above after obtaining a planning permit to use land
for construction purposes.
Article 19 When land is to be used for construction projects such as
railways, highways or oil or water supply pipelines, an application for
approval, depending on the construction project’s overall plans, shall be
submitted in one lump, but procedures for expropriating and transferring land
may be done in stages. In the case of a construction project which is to
proceed in stages, applications for approval and procedures for expropriating
and transferring land may be done in stages in accordance with the work
schedule determined in the design assignment.
Article 20 If emergency or disaster relief measures necessitate the
urgent use of land, the land may be used first, but, after the incident,
supplementary procedures for the temporary use of land or procedures for the
expropriation and transfer of land must be carried out pursuant to
regulations.
Article 21 “Other land with an area of more than 2,000 mu” as mentioned
in paragraph 1 of Article 25 of the Land Administration Law shall include
construction projects which simultaneously require the expropriation of less
than 1,000 mu of cultivated land, together with other land in excess of 1,000
mu, amounting to a total land area of more than 2,000 mu.
“Other land with an area of less than ten mu” as mentioned in paragraph 2
of Article 25 of the Land Administration Law shall include construction
projects which simultaneously require the expropriation of less than 3 mu of
cultivated land, together with other land of less than 10 mu, amounting to a
total land area of more than 3 mu and less than 10 mu.
Article 22 If a land user’s right to use state-owned land is withdrawn in
accordance with the provisions of Article 19 of the Land Administration Law,
the local people’s government at county level or above may decide to issue the
land to an agricultural collective economic entity to cultivate. During the
cultivation period, the agricultural collective economic entity shall be
prohibited from building any permanent structures or planting perennial crops
on the land and shall be required to return the land on schedule pursuant to
state construction requirements. If there are young crops on the land at the
time of its return, the relevant construction unit shall pay compensation.
Article 23 If construction requirements make it necessary for a
construction unit to temporarily expropriate additional land outside its
approved land use limits, an application for temporary use of land shall be
submitted to the land administration department of the local people’s
government at county level and the details reported to the people’s government
at the same level for approval. If temporary use of additional land is
required within an urban planning district, a set area application shall be
submitted first to the administrative authority in charge of urban planning
and, subject to examination and approval, an application for temporary use of
land shall be submitted to the land administration department.
If collectively owned land is required for temporary use, compensation
shall be paid in accordance with the provisions of paragraph 1 of Article 33
of the Land Administration Law.
Chapter V Land for Township(Town) and Village Construction
Article 24 There shall be strict control over the use of agricultural
land for township(town) and village construction. The overfilling of control
quotas for the use of land in township(town) and village construction issued
by local people’s governments at county level or above shall be prohibited.
Article 25 When land is required for rural residential buildings, a land
use application shall be submitted first to the village agricultural
collective economic entity or villagers’ committee and, subject to it being
discussed and approved by the villagers’ representative meeting or general
meeting, the application shall be submitted to the people’s government for
approval. The use of cultivated land shall be subject to approval by the
county level people’s government, following its examination and approval by
the township level people’s government and land administration department of
the county level people’s government. The use of existing residential
building sites, empty space within villages and other land shall be subject
to approval by the township level people’s government.
Article 26 If use of collectively owned land is required for constructing
residential buildings for city or town residents with non-agricultural
resident registration, a land use application shall, after its approval by the
applicant’s working unit or residents’ committee, be submitted to the village
agricultural collective economic entity, villagers’ committee or township
(town) peasant collective economic entity in the locality of the land. If the
land required for use belongs to a village peasant collective, subject to the
land use application being discussed and approved by the villagers’
representative meeting or general meeting and its examination and approval by
the township(town) people’s government, it shall be submitted to the county
level people’s government for approval. If the land required for use belongs
to a township(town) peasant collective, subject to the land use application
being discussed and approved by the township(town) peasant collective economic
entity and its examination and approval by the township(town) people’s
government, it shall be submitted to the county level people’s government for
approval.
Article 27 When workers, ex-servicemen or retired cadres returning to
their original villages or overseas Chinese, Hong Kong, Macao or Taiwan
compatriots returning to settle in their family villages require the use of
collectively owned land to construct residential building, matters shall be
handled pursuant to the provisions of Article 38 of the Land Administration
Law and Article 25 of these Regulations.
Article 28 If land is required to construct a rural market in accordance
with township(town) or village construction plans, matters shall be handled
pursuant to the provisions of Article 40 of the Land Administration Law.
Article 29 Non-agricultural production and operation activities by
leaseholding farm households and rural individual business shall use their
original residential sites. If there is a genuine need for the additional use
of collectively owned land, approval documents from the relevant authorities
shall be submitted, together with a land use application, to the village
peasant collective economic entity, villagers’ committee or township(town)
peasant collective economic entity in the locality of the land and, subject
to the application being discussed and approved by the villagers’
representative meeting or the township(town) peasant collective economic
entity, and its examination and approval by the township(town) people’s
government, it shall be submitted to the local people’s government at county
level or above for approval, pursuant to the approval jurisdiction stipulated
by the relevant province, autonomous region or municipality directly under the
central government.
Chapter VI Legal Liability
Article 30 Pursuant to the provisions of Articles 43 and 44 of the Land
Administration Law, in addition to ordering a violator to return illegally
occupied land and stipulating a limited period within which structures and
other installations newly erected on the land are to be demolished or
confiscated, a fine shall(may) also be imposed. The standards for such a fine
shall be up to 15 yuan for each square meter of illegally occupied land.
Article 31 Pursuant to the provisions of Article 47 of the Land
Administration Law, in addition to confiscating illegal proceeds from a
violator and stipulating a limited period within which structures and other
installations newly erected on land purchased, sold or assigned by illegal
means are to be demolished or confiscated, a fine may also be imposed. The
standards for such a fine shall be up to 50% of the illegal proceeds
involved.
Article 32 Pursuant to the provisions of Article 49 of the Land
Administration Law, in addition to ordering a violator to return funds
illegally seized, a fine may also be imposed. The standards for such a fine
shall be up to 30% of the funds illegally seized.
Article 33 Pursuant to the provisions of Article 50 of the Land
Administration Law, in addition to ordering a violator to return the land, a
fine shall also be imposed. The standards for such a fine shall be up to 5
yuan for each square meter of illegally used land.
Article 34 Pursuant to the provisions of Article 51 of the Land
Administration Law, if serious damage is caused to the cultivation conditions
of soil, in addition to ordering a violator to rectify the situation within
a limited period, a fine may also be imposed. The standards for such a fine
shall be determined in accordance with the provisions of legislation on the
protection of cultivated land. If soil desertification or salinization is
caused as the result of land development, in addition to ordering a violator
to rectify the situation within a limited period, a fine may also be imposed.
The standards for such a fine shall be determined in accordance with
standards stipulated by the people’s government of the relevant province,
autonomous region or municipality directly under the central government. If
soil erosion is caused as the result of land development, in addition to
ordering a violator to rectify the situation within a limited period, a fine
may also be imposed. The standards for such a fine shall be determined in
accordance with the provisions of legislation on water and soil conservation.
Article 35 Fines must be paid within the stipulated period. In the event
of failure to pay on schedule, a late payment fine of 0.3% of the fine shall
be collected for each day in arrears.
Penalty fines and late payment fines shall be handed over to the state
treasury in accordance with relevant state regulations.
Article 36 If land is occupied illegally without approval or by gaining
approval fraudulently through such means as leaving arable land lie fallow,
in order to construct residential buildings or to undertake other
construction projects, a limited period shall be stipulated within which
buildings and other facilities newly erected on the illegally occupied land
must be demolished or confiscated and the return of the illegally occupied
land shall be ordered.
If a unit or individual ordered to demolish newly erected buildings and
other facilities within limited period pursuant to the law, continues
construction, the penalty issuing authority shall have the right to seal up
and confiscate equipment and building materials which continue to be used.
Article 37 In the event of false reporting, concealing the truth in a
report, refusing to submit a report or repeatedly delaying submission of a
report, as well as falsifying or distorting statistical information in
relation to land, penalty shall be imposed in accordance with the provisions
of Article 25 of the Statistics Law of the People’s Republic of China and
Article 31 of the Rules for Implementation of the Statistics Law of the
People’s Republic of China.
Article 38 If a land ownership or land use right infringing party fails
to initiate legal proceedings or to fulfill the penalty decision within the
stipulated period after a penalty decision made by the land administration
department of the local people’s government at county level or above pursuant
to the provisions of Article 53 of the Land Administration Law, the infringed
party may apply to the people’s court for enforcement.
Chapter VII Supplementary Provisions
Article 39 The State Land Administration shall be responsible for
interpreting these Regulations.
Article 40 These Regulations shall enter into force on February 1, 1991.
