(Effective Date:1994.05.01–Ineffective Date:)
CHAPTER I GENERAL PROVISIONS CHAPTER II LAND OWNERSHIP AND LAND-USE-RIGHT CHAPTER III USE AND PROTECTION OF LAND CHAPTER IV PAID-USE Article 1 The present Procedures are formulated in accordance with the Land Administration Law of the People’s Republic of China and the relevant Article 2 Land within the administrative areas of Shanghai Municipality is legally owned either by the State or by the collective of laboring No unit or individual is permitted to encroach upon, transact or transfer land in any other illegal ways. To meet the needs of social public interests, the State may, according to the laws, requisition collectively-owned land, allocate Article 3 The people’s governments at all levels in Shanghai Municipality shall carry out the policy of setting a high value on and making Article 4 Any unit or individual that has made outstanding achievements in protecting and developing the land resources, making rational use Article 5 The Land Administrative Authorities of Shanghai Municipal People’s Government (hereinafter referred to as the “Municipal Land Administrative The Land Administrative Authorities of the District or County People’s Government (hereinafter referred to as the “District or County The Township (Town) People’s Government is responsible for the land administration within its administrative areas; the daily routine
CHAPTER II LAND OWNERSHIP AND LAND-USE-RIGHT Article 6 In Shanghai, the land listed below is owned by the State: 1. Land within the urban areas, officially established towns, industrial and mining areas except the collectively-owned land that 2. Land of state-owned agricultural farms, tree farms, pastures, fishing grounds and the state-owned mountainous regions; 3. Shoals by the sea or rivers; 4. Land legally requisitioned, purchased, confiscated or nationalized; and 5. Other land that the State has not yet defined as collectively owned. Article 7 In Shanghai, the land listed below is owned by the collectives: 1. Land used by rural collective economic entities, land used by peasants for residence, for personal needs and for planting bamboo, 2. Other land legally owned by the collectives. Article 8 The owner of the collectively-owned land and the user of the state or collectively-owned land shall apply to the Municipal or District/County Article 9 The Municipal or District/County Land Administrative Authorities shall examine and verify the ownership, the acreage and the use Article 10 If the ownership of the collectively-owned land, the use- right of the state-owned or the collectively-owned land or the use of land Article 11 If an error is made in the land registration or in the registration for land change, such an error must be corrected by the Land If the land registration or the registration for the land change is not made within the prescribed period, the land ownership or the Article 12 The Municipal or District/County Land Administration Authorities shall survey the land, define its boundary and lay boundary markers Any unit or individual shall be restrained from unauthorized move of or damage to the land boundary markers. Article 13 Dispute over land ownership or land-use-right between the units shall be handled by the Municipal or District/County People’s Government Dispute over the land-use-right between the individuals or between the individual and the unit shall be handled by the Township (Town) The party concerned who does not accept the decision thus given may bring a suit in a people’s court within thirty days from the date Before a dispute over the land ownership or the land-use-right is solved, neither party shall change the existing conditions of the If a dispute over the land ownership or the land-use-right arises, and re-affirmation of the ownership or the use-right is thus required,
CHAPTER III USE AND PROTECTION OF LAND Article 14 The Municipal or District/County Land Administrative Authorities shall, according to law, set up a system of land investigation and The Municipal or District/County Land Administrative Authorities, together with the statistical department, shall, according to law, Article 15 The Municipal or District/County Land Administrative Authorities shall follow the principle of protecting the arable land and rationally The Township (Town) People’s Government shall draw up an overall plan for the use of the land within its administrative area. The The amendments to the approved overall plan for the use of the land must be re-approved by the original authorities. Article 16 The overall plan for the use of the land in Shanghai must be compatible with the overall city planning. In downtown areas, suburban areas, planned areas for officially- established towns and controlled areas for city construction development, Article 17 The Municipal or District/County Land Administrative Authorities shall, together with the departments concerned formulate procedures The farm-land reservation areas and vegetable reservation areas, landscapes and forests must be put under strict controls. Arbitrary Land in the natural reservations, scenic spots, water resource reservations, military facility protection sites, cultural relics protection Article 18 The people’s government at all levels in Shanghai shall develop, use and protect the land resources systematically in accordance The development and management of shoals shall be in line with the State and the Municipal laws and regulations concerning the administration The Municipal or District/County Land Authorities and the Township (Town) People’s Government shall arrange for reclaiming land from Article 19 Without approval, it is forbidden to dump waste materials like rubbish and residue onto the arable land. The act of destroying land Article 20 If one of the following listed cases occurs in the use of the state-owned or collectively-owned land, the Land Administrative Authorities 1. The land-use unit is disbanded or is relocated; 2. The land has not been used for two consecutive years without the approval of the original authorities; 3. The land is not used for the approved purpose; and 4. Roads, railways, airports and mines have been verified and approved as disused.
Article 21 A system of paid-use of land shall be exercised over the state-owned and the collectively-owned land used for non-agricultural construction 1. Granting of the land-use-right of the state-owned land; 2. Charging the user of the state-owned and collectively-owned land used for non-agricultural construction the land-use fee stipulated 3. Other forms stipulated by the relevant laws and regulations. Article 22 The granting of the land-use-right refers to the act that the Municipal or County People’s Government or the Pudong New Area Administration The collectively-owned land must be first requisitioned to be turned into the state-owned land before it may be granted. Article 23 When the land-use-right is granted, a granting contract shall be signed. The contract shall have the terms that conform to the provisions The contract of granting the land-use-right shall be singed between the Municipal, the County or Pudong New Area Land Administrative The approval competence of granting the land-use-right of the Municipality, the County or Pudong New Area shall be governed by the The construction on the granted land plots shall accord with the overall city plan or the township (town) construction program. If any stipulation in this Article is violated, the contract of granting the land-use-right becomes invalid. Article 24 The Municipal Land Administrative Authorities shall, together with the departments concerned, formulate a plan for granting the land- The granting of the land-use-right shall be in strict conformity with the project issued by the municipal competent department. Article 25 Corporations, enterprises, other organizations and individuals inside or outside the territory of the People’s Republic of China, Article 26 Land used for commerce, tourism, entertainment, finance, service industry and commercial residence shall be obtained in the form The granting of the land-use-right may be effected through negotiation, public bidding and auction. The granting of the land-use-right Article 27 The maximum time limit for the granting of the land-use-right shall follow the provisions listed below: 1. Land used for residence, seventy years; 2. Land used for industry, fifty years; 3. Land used for education, science and technology, culture, public health and sports, fifty years; 4. Land used for commerce, tourism and entertainment, forty years; or 5. Land used for comprehensive projects and other purposes, fifty years. Article 28 The government department in charge of the real estate registration shall be responsible for the registration of grant, transfer, Article 29 Within the limited years of the use of the land, if the user wants to change the terms stipulated in the land-use-right granting Article 30 The Municipality shall establish an evaluation system for the land assets in Shanghai. The evaluation of the land assets shall be Article 31 If the transfer price of the land-use-right is obviously lower than the market price, the Municipal People’s Government shall have Article 32 When the land-use-right granting contract expires, the State shall gratuitously take back the land-use-right as well as the ownership Article 33 The State shall not take back the land-use-right that user has legally got before the due date. Under the special circumstances, Article 34 If the grantor fails to provide the land-use-right according the contract or if the grantee fails to pay the total granting fee for Article 35 If a land user wants to transfer, lease or mortgage the land- use-right that has not been obtained in the form of granting, he/she Article 36 When the land-use-right is granted, the grantor shall properly resettle and compensate the units and individuals to be relocated. Article 37 The Municipal Land Administrative Authorities shall, according to law, exercise macro control over, supervise and inspect the plans, The Municipal or County/County Land Administrative Authorities shall, according to law, supervise and inspect the transfer, lease
CHAPTER V LAND USED FOR CONSTRUCTION Article 38 The economic, cultural and national defense constructions conducted by the State and the social public utilities initiated by the The township and village construction projects shall carry out the approved township and village construction plan. With the approval Every unit or individual shall be in obedience to the legal requisition of the collectively-owned land and the allocation of the state-owned Article 39 If the state construction projects need to use the land, and if these projects have been placed into the Municipal fixed assets investment If the central government departments, Shanghai based other provincial and municipal units and Shanghai-based armed forces have construction Article 40 If a joint enterprise run by the rural collective economic entities and other economic entities needs to use the land, the joint When the collectively-owned land-use-right is converted into shares, it shall be evaluated by the land evaluation department, and If the collectively-owned land is used for real estate development, the land shall be requisitioned first. Article 41 A quantitative control shall be exercised over the land used for construction in Shanghai. The plan for the land used for construction The Municipal People’s Government shall strictly carry out the annual plan for the land used for construction. When the Municipal Land used for the construction in districts or counties shall be strictly controlled according to the allotment issued by the municipal Article 42 If the requisition of land is over 1000 mu of the arable land or over 2000 mu of the other land, including the land requisition of Article 43 Land used for the following construction projects shall be approved by the Municipal People’s Government: 1. Land used for the construction projects within the planned confines set by the Municipal People’s Government, such as important 2. Land allotted for the construction projects invested by the central government departments, other provinces and cities, armed forces 3. Land in other district or county that is needed by the construction projects of a district or county; 4. Land used for the construction projects that the Municipal People’s Government considers shall be approved by the Municipal People’s 5. Land beyond the approval competence of the District or County People’s Government. Article 44 Land used for the construction projects in Pudong New Area, except those stated in Item 1 and item 4, Article 43 of the present Procedures, Article 45 The approval competence of land used for the construction projects in districts or counties, except those stated under Article 43 1. The approval competence of the County People’s Government is: 1) Requisition or use of less than 50 mu of the arable land; 2) Allocation of less than 50 mu of the state-owned land; 3) Requisition or use of less than 100 mu of the other land; and 4) For one construction project, requisition or use of the arable land, or allocation of the state-owned land of less than 50 mu, 2. The approval competence of the District People’s Governments of Baoshan, Minhang and Jiading is: 1) Requisition or use of less than 30 mu of the arable land; 2) Allocation of less than 30 mu of the state-owned land; 3) Requisition or use of less than 60 mu of the other land; 4) For one construction project, requisition or use of the arable land or allocation of the state-owned land of less than 30 mu, simultaneously 5) The approval competence of the Baoshan District People’s Government over Changxing Township and Hengsha Township may comply with 3. The approval competence of the People’s Government of the districts other than Baoshan, Minhang and Jiading Districts is: 1) Requisition or use of less than 15 mu of the arable land; 2) Allocation of less than 15 mu of the state-owned land; 3) Requisition or use of less than 30 mu of the other land; and 4) For one construction projects, requisition or use of the arable land or allocation of the state-owned land of less than 15 mu, Article 46 The Municipal or District/County Land Administrative Authorities shall issue a license to the approved land used for construction. Article 47 If the collectively-owned land is requisitioned or used, the land-use unit shall bear the compensations for the land, young crops, For the requisition of the collectively-owned land, the responsibility contract system for the land requisition fees may be adopted. Article 48 If the peasant’s dwelling house needs to be relocated because of the requisition or use of the collectively owned land, the land The unit who uses the land for construction shall properly resettle and compensate the former land user who needs to be relocated Article 49 The Municipal or District/County People’s Government shall, according to the principle of “those who use the land are responsible The peasant household registers of the laborers and pensioners who shall be resettled because of the requisition are all transferred The peasant household registers in the collective economic entity that is disbanded because of the requisition may be transferred Article 50 Of all the money collected from various compensation fees and relocation subsidies because of the requisition or use of the collectively-owned Article 51 If a unit needs land for temporary use, the unit shall submit an application to the Municipal Land Administrative Authorities of The Maximum time limit for the temporary use of land is two years. The land-use unit can not set up permanent or semi-permanent buildings Article 52 If the township residents want to change the acreage of the land in re-building their private houses, they shall submit an application Article 53 The District or County land Administrative Authorities shall assign the land-use quota for the rural resident’s private housing construction For private housing construction, the rural residents shall, as much as possible, use the original house-building land and other non-arable The land-use standard for the rural resident’s private housing construction shall follow the administrative procedures of Shanghai Article 54 If the rural contract household, or individual industrialist and businessman, or private enterprise needs to use the collectively- The land user shall pay relevant taxes and fees as required on the land appro
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Home China Laws 2000 PROCEDURES OF SHANGHAI MUNICIPALITY ON THE IMPLEMENTATION OF THE LAND ADMINISTRATION LAW