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The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No.8
Adopted at the 16th Meeting of the Standing Committee of the Sixth National People’s Congress on June 25, 1986, amended in pursuance
of the(Decision on the Amendment of the Land Administration Law of the People’s Republic of China) made at the 5th Meeting of the
Standing Committee of the Seventh National People’s Congress on December 29, 1988 and revised at the 4th Meeting of the Standing
Committee of the Ninth National People’s Congress on August 29, 1998.
The Standing Committee of the National People’s Congress
August 29, 1998
Land Administration Law of the People’s Republic of China
Chapter I General Provisions
Article 1
This Law is enacted in accordance with the Constitution with a view to strengthening land administration, safeguarding the socialist
public ownership of land, protecting and developing land resources, rationally utilizing the land, earnestly protecting the cultivated
land and promoting sustainable socio-economic development.
Article 2
The People’s Republic of China practises the socialist public ownership of land, namely ownership by the whole people and collective
ownership by the laboring masses.
Ownership by the whole people namely the ownership of state-owned land shall be exercised by the State Council on behalf of the state.
No unit or individual shall infringe on and occupy, buy and sell or illegally transfer land in other forms. Land use right may be
transferred in accordance with law.
The state may, one of necessity of public interest, requisition land collectively owned in accordance with law.
The state practises the system of paid-for use for state-owned land in accordance with law. However, appropriation of state-owned
land use right by the state within the scope prescribed by law is excluded.
Article 3
Most sparing and rational land utilization and earnest protection of cultivated land constitute China’s basic state policy. People’s
governments at all levels should take measures in overall planning, strict administration, protection and development of land resources
and curbing illegal acts of occupation of land.
Article 4
The state practises the system of land use control.
The state compiles overall planning for land utilization, provides for land uses and classifies land as farm land, land for construction
and un-utilized land. Strict restriction shall be imposed on turning farm land into land for construction, quantum of land for construction
shall be controlled and special protection provided for cultivated land.
Farm land referred to in the preceding paragraph means land used directly for agricultural production including cultivated land, forest
land, grassland, land for farmland water conservancy and water surface for cultivation and breeding; land for construction means
land for building constructions and structures including land for urban and rural residences and public facilities, land for industries
and mines, land for communications and water conservancy works, land for tourism and land for military installations; un-utilized
land means land other than farm land and land for construction.
Any unit or individual that uses land must use the land in strict accordance with the uses determined by the overall planning for
land utilization.
Article 5
The competent department of land administration under the State Council shall be uniformly responsible for the work of land administration
and supervision nationwide.
The establishment of competent departments of land administration of local people’s governments at or above the county level and their
responsibilities shall be determined by the people’s governments of the provinces, autonomous regions and municipalities directly
under the Central Government pursuant to the relevant provisions of the State Council.
Article 6
Any unit or individual has the obligation to abide by the laws and regulations on land administration and has the right to report
on or file a charge against any act violating the laws and regulations on land administration.
Article 7
Units and individuals that have made remarkable achievements in the protection and development of land resources, rational utilization
of land and conduct of related scientific research shall be rewarded by the people’s government.
Chapter II Land Ownership and Use Right
Article 8
Land in urban areas of cities belongs to the state.
Land in rural areas and suburban areas of cities excluding those belonging to the state prescribed by law belongs to peasants’ collective
ownership; house sites, land allotted for personal needs and hilly land allotted for private use belongs to peasants’ collective
ownership.
Article 9
State-owned land and land collectively owned by peasants may be determined in accordance with law to be used by units or individuals.
Units and individuals using the land have the obligation to protect, manage and rationally utilize the land.
Article 10
Peasants’ collectively-owned land that belongs to peasants’ collective ownership of a village according to law shall be managed and
administered by the village collective economic organization or villagers’ committee; the land that belongs separately to more than
two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective
rural collective economic organizations or villagers’ teams; the land that belongs to village(township) peasants’ collective ownership
shall be managed and administered by the village(township) rural collective economic organization.
Article 11
People’s governments at the county level shall enter into registration in a register, issue certificates in confirmation of the ownership
for the land collectively owned by peasants.
People’s governments at the county level shall enter into registration in a register, issue certificates in confirmation of the land
use right for construction for land collectively owned by peasants to be used for non-agricultural construction in accordance with
law. People’s governments at or above the county level shall enter into registration in a register and issue certificates in confirmation
of the right to use for state-owned land used by units and individuals in accordance with law; among which the specific registration
and certificate-issuing organ for state-owned land used by the Party and state organs shall be determined by the State Council. Confirmation
of ownership or the right to use of forest land and grassland, confirmation of the right to use for cultivation and breeding of water
surface and beaches and shoals shall be handled pursuant to the 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 ((Fishery Law of the People’s Republic of China)).
Article 12
Whoever changes land ownership and use in accordance with law should go through formalities of change in registration of land.
Article 13
The land the ownership and the right to use of which have been registered in accordance with law is protected by law, upon which no
unit and individual shall infringe.
Article 14
Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization
for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years.
The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties.
Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the
contract. Peasants’ right to contract land for management is protected by law.
Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual
contractors, it must have the consent of over two thirds of the members of the villagers’ conference or over two thirds of the villagers’
representatives, and be submitted to the competent department of agriculture administration of village(township) people’s government
and people’s government at the county level for approval.
Article 15
State-owned land may be contracted for management by units or individuals for cultivation, forestry, animal husbandry and fishery
production. Land collectively owned by peasants may be contracted and managed by units or individuals other than those in the collective
economic organization for cultivation, forestry, animal husbandry and fishery production. The contract issuing party and the contractor
should conclude a contract agreeing on the rights and obligations of both parties. The duration of land contracting and management
shall be agreed on in the contract. The units and individuals that contract the land for management have the obligation to protect
and rationally utilize the land pursuant to the use agreed on in the contract.
For land collectively owned by peasants contracted out for management by units or individuals other than those in the respective collective
economic organization, it must have the consent of over two thirds of the members of the peasants’ conference or over two thirds
of the villagers’ representatives and be submitted to the village(township) people’s government for approval.
Article 16
Disputes over land ownership and the right to use shall be resolved by the parties interested through consultation; it shall be handled
by the people’s government in the event of failure of consultation.
Disputes between units shall be handled by people’s governments at or above the county level; disputes between individuals and those
between an individual and a unit shall be handled by the village-level people’s governments or people’s governments at or above the
county level.
The party interested that refuses to obey the decision on the handling by the people’s government concerned may, within 30 days starting
from the date of receipt of the notice on the decision on handling, file a suit at a people’s court.
Neither party shall alter the status of land utilization prior to the resolution of the dispute over the land ownership and the right
to use.
Chapter III Overall Planning for Land Utilization
Article 17
People’s governments at all levels should, pursuant to the planning for national socio-economic development, requirements of territorial
treatment and resources and environment protection, land supply ability as well as the demand for land for various construction,
organize the compilation of overall planning for land utilization.
The duration of planning for overall planning for land utilization shall be determined by the State Council.
Article 18
The overall planning for land utilization at the lower level shall be compiled pursuant to the overall planning for land utilization
at the next higher level.
The quantum of land for construction in the overall planning for land utilization compiled by local people’s governments at all levels
shall not exceed the control targets determined in the overall planning for land utilization at the next higher level, and the quantum
of preserved cultivated land shall not be lower than the control targets determined by the overall planning for land utilization
at the next higher level.
The overall planning for land utilization compiled by people’s governments of the provinces, autonomous regions and municipalities
directly under the Central Government should ensure that there is no reduction in the quantum of cultivated land within their respective
administrative areas.
Article 19
The overall planning for land utilization shall be compiled in accordance with the following principles:
(1)
strict protection of basic farmland, control of occupation of farmland for non-agricultural construction;
(2)
improvement of land use rate;
(3)
overall arrangement for land for various purposes and various areas;
(4)
protection and improvement of the ecological environment, and guarantee of sustainable land use; and
(5)
balance between occupation of cultivated land and development and reclamation of cultivated land.
Article 20
The overall planning for land utilization at the county level should delimit land use zones and define land uses.
Village(township) overall planning for land utilization should delimit land use zones, determine the use of every plot of land on
the basis of the conditions for land use and an announcement to the effect shall be made.
Article 21
Overall planning for land utilization shall be examined and approved by different levels.
The overall planning for land utilization of the provinces, autonomous regions and municipalities directly under the Central Government
shall be submitted to the State Council for approval.
The overall planning for land utilization of municipalities wherein the people’s governments of the provinces and autonomous regions
are located and municipalities of a population of over one million as the municipalities designated by the State Council shall, upon
the examination and consent of the people’s governments of the provinces and autonomous regions, be submitted to the State Council
for approval.
The overall planning for land utilization other than those prescribed in the Second Paragraph and Third Paragraph of this Article
shall be submitted level by level to the people’s governments of the provinces, autonomous regions and municipalities directly under
the Central Government for approval; among which the village(township) overall planning for land utilization may be approved by the
people’s governments of municipalities and autonomous prefectures with subordinate districts with authorization by the people’s governments
at the provincial level.
The overall planning for land utilization once approved must be strictly implemented.
Article 22
The scale of land used for urban construction should meet the standards set by the state, full use of the existing land for construction
should be made, and no farmland or as less as possible farmland should be occupied.
Urban overall planning, village and township planning should be coupled with overall planning for land utilization, the scale of land
used for construction in urban overall planning, village and township planning must not exceed the scale of land used for urban,
village and township construction determined in the overall planning for land utilization.
Within urban planning zones, village and township planning zones, land used for urban, village and township construction should accord
with urban planning and village and township planning.
Article 23
Planning for integrated harnessing, development and exploitation of rivers and lakes should be coupled with overall planning for land
utilization. Within the range of administration and protection of rivers, lakes and reservoirs as well as within flood storage areas
and flood detention areas, land utilization should accord with the planning for integrated harnessing, development and exploitation
of rivers and lakes, accord with the requirements for flood passage, flood storage and discharge of water in river courses and lakes.
Article 24
People’s governments at all levels should strengthen administration of land utilization plan and practise quantum control of land
used for construction.
Annual land use plan shall be compiled pursuant to the national socio-economic development plan, state industrial policies, overall
planning for land utilization as well as the actual conditions of land used for construction and land utilization. The annual land
use plan, the procedures for the compilation, examination and approval of which are identical to those for the compilation, examination
and approval of the overall planning for land utilization, once examined, approved and transmitted to the lower levels, must be strictly
adhered to.
Article 25
People’s governments of the provinces, autonomous regions and municipalities directly under the Central Government should list the
state of implementation of the annual land use plan as content of the state of implementation of the national socio-economic development
plan and report to the people’s congresses at the corresponding level.
Article 26
Revision of the approved overall planning for land utilization must be submitted to the original approval organ for approval; no alteration
shall be made in land uses determined in the overall planning for land utilization without approval.
In case of necessity of alteration in overall planning for land utilization for land for construction of big-size energy, transport
and water conservancy infrastructure approved by the State Council, revision of the overall planning for land utilization shall be
made pursuant to the approval document of the State Council.
In case of necessity of alteration in overall planning for land utilization for land for construction of energy, transport and water
conservancy infrastructure approved by people’s governments of the provinces, autonomous regions and municipalities directly under
the Central Government, where it falls within the authority of approval for the overall planning for land utilization of people’s
governments at the provincial level, revision of the overall planning for land utilization shall be made pursuant to the approval
document of the people’s governments at the provincial level.
Article 27
The state establishes the land survey system.
The competent departments of land administration of people’s governments at and above the county level shall, in conjunction with
the departments concerned at the corresponding level, conduct land survey. Land owners or users should cooperate in the survey and
provide relevant materials.
Article 28
The competent departments of land administration of people’s governments at and above the county level shall, in conjunction with
the departments concerned at the corresponding level and in pursuance of land survey results, planned land uses and uniform standards
set by the state, evaluate the grades of land.
Article 29
The state establishes land statistics system.
The competent departments of land administration of people’s governments at and above the county level and the statistics departments
at the corresponding level jointly formulate statistical survey schemes, carry our land statistics in accordance with law and publish
land statistical information at regular intervals. Land owners or users should provide relevant information and must not make false
reports, concealments, refuse to report and delay in report.
The competent departments’ of land administration and statistics departments’ jointly published land area statistical information
constitute the basis of people’s governments at all levels for the compilation of overall planning for land utilization.
Article 30
The state establishes the national land administration information system for dynamic monitoring of the state of land utilization.
Chapter IV Cultivated Land Protection
Article 31
The state protects cultivated land and strictly controls turning cultivated land into non-cultivated land.
The state practises the system of compensation for the occupation and use of land. For the occupation and use of cultivated land for
non-agricultural construction with approval, the unit that occupies and uses cultivated land shall be responsible for the reclamation
of cultivated land equivalent to the quantity and quality of cultivated land occupied and used in accordance with the principle of
“quantity of reclaimed land being equivalent to that occupied”; where there are no conditions for reclamation or the reclaimed land
does not conform to requirements, cultivated land reclamation fee should be paid as prescribed by the provinces, autonomous regions
and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated
land.
People’s governments of the provinces, autonomous regions and municipalities directly under the Central Government should work out
cultivated land reclamation plan, supervise units that occupy and use cultivated land in the reclamation of cultivated land in accordance
with the plan or in the organization of reclamation of cultivated land in accordance with the plan and carry out acceptance checks.
Article 32
Local people’s governments at and above the county level may demand the units that occupy and use cultivated land to use the soil
of the cultivated layer of cultivated land for soil improvement of newly reclaimed cultivated land, inferior quality land or other
cultivated land.
Article 33
People’s governments of the provinces, autonomous regions and municipalities directly under the Central Government should strictly
implement the overall planning for land utilization and annual land use plan and take measures to ensure that there is no decrease
in the quantum of cultivated land within their respective administrative areas; where there is decrease in the quantum of cultivated
land, the locality shall be ordered by the State Council to organize reclamation of cultivated land the quantity and quality of which
is equivalent to those reduced within the specified time period, and the competent department of land administration under the State
Council shall in conjunction with the competent department of agriculture administration conduct acceptance checks. Individual province
or municipality directly under the Central Government whose quantum of newly reclaimed cultivated land is not adequate to compensate
the quantum of cultivated land occupied and used after land used for newly added construction for paucity of reserve land resources,
a report must be submitted to the State Council for approval for the reduction and exemption of the quantity of reclamation of cultivated
land within the respective administrative area and reclamation be carried out in another place.
Article 34
The state practises the system of protection for basic farmland. The following cultivated land shall be included in the basic farmland
protection zones in accordance with the overall planning for land utilization and strict administration exercised:
(1)
cultivated land within production bases for food grains, cotton and oils determined upon approval by the competent departments concerned
under the State Council or local people’s governments at and above the county level;
(2)
cultivated land with good water conservancy and water and soil conservation works, medium and low yield farmland the transformation
plan of which is being carried out as well as those that may be transformed;
(3)
production bases for vegetables;
(4)
experimental plots for agricultural scientific research and teaching; and
(5)
other cultivated land that should be included in basic farmland protection zones as prescribed by the State Council.
The basic farmland delimited by the provinces, autonomous regions and municipalities directly under the Central Government should
account for over eighty percent of the cultivated land within the respective administrative areas.
A basic farmland protection zone shall be delimited and demarcated with a village(township) as a unit, the delimitation of a zone
and demarcation of the boundary shall be organized and carried out by the competent department of people’s government at the county
level in conjunction with the competent department of agriculture administration at the same level.
Article 35
People’s governments at all levels should take measures to maintain irrigation and drainage works, improve soil and soil fertility,
prevent land desertification, salinization, water and soil erosion and land pollution.
Article 36
Economy in land use must be practised for non-agricultural construction, no cultivated land shall be occupied and used where barren
land can be used; no good land shall be occupied and used where inferior land can be used.
Occupation and use of cultivated land for setting up kilns, building tombs or building of houses, sand digging, quarrying, mining
and earth gathering on cultivated land without authorization shall be prohibited.
Occupation and use of basic farmland for the development of forestry and fruit industry and digging of ponds for fish breeding shall
be prohibited.
Article 37
All units and individuals shall be prohibited to let cultivated land lie idle or make it barren. The cultivated land occupied and
used for non-agricultural construction the formalities of examination and approval of which have been completed which has been left
unused within a year but may be cultivated and harvested should be recultivated by the collective or individuals that previously
cultivated the said plot of cultivated land, and cultivation may be organized by the land use unit; where construction has not been
started for over a year, idle fee should be paid in accordance with the provisions of the provinces, autonomous regions and municipalities
directly under the Central Government; where the land has not been used for two consecutive years, the people’s government at the
county level shall, subject to the approval of the original approval organ, withdraws the land use right of the land use unit without
compensation; the said plot of land previously collectively owned by peasants should be handed back to the original rural collective
economic organization for resumption of cultivation.
Idle land the land use right of which has been obtained in the form of transfer for real estate development within the range of an
urban planning zone shall be handled in pursuance of the relevant provisions of the ((Urban Real Estate Administration Law of the
People’s Republic of China)).
For a unit or an individual contracting the management of cultivated land that let the land uncultivated and lie barren, the original
contract issuing unit should terminate the contract and withdraw the cultivated land contracted.
Article 38
The state encourages units and individuals in the development of unexploited land in accordance with the overall planning for land
utilization and under the prerequisite of protection and improvement of the ecological environment, prevention of water and soil
erosion and land desertification; the land suitable to be developed into agricultural land should be developed into agricultural
land on a priority basis.
The state protects the legitimate rights and interests of developers in accordance with law.
Article 39
Reclamation of unexploited land must undergo scientific authentication and evaluation and it must be carried out within the reclaimable
areas delimited in the overall planning for land utilization upon approval in accordance with law. Reclamation of cultivated land
through destruction of forests and prairie shall be prohibited, reclaiming farmland from lakes and infringement on shoals of rivers
shall be prohibited.
The land reclaimed and land reclaimed from lakes with the destruction of the ecological environment shall, in accordance with the
overall planning for land utilization, be returned to forests, grazing and lakes in a planned way and step by step.
Article 40
Development of state-owned barren hills, barren land and barren shoals the right to use of which is undetermined for cultivation,
forestry, animal husbandry and fishery production may, subject to approval by people’s government at or above the county level, be
determined and given to development units or individuals for long-term use.
Article 41
The state encourages land arrangement. County, village(township) people’s governments should organize rural collective economic organizations
in integrated treatment of farmland, water, roads, woods and villages in accordance with the overall planning for land utilization
to improve the quality of cultivated land, increase the area of effective cultivated land and improve conditions for agricultural
production and the ecological environment.
Local people’s governments at all levels should take measures to transform the medium and low yield plots, treat idle and scattered
plots and abandoned plots.
Article 42
For destruction of land caused by damage due to digging, caving in and pressurized occupation, the land use unit and individual should,
in accordance with relevant state provisions, be responsible for the reclamation; where there are no conditions for reclamation or
reclamation does not conform to requirements, land reclamation fee should be paid to be used specifically for land reclamation. The
reclaimed land should be used for agriculture on a priority basis.
Chapter V Land for Construction
Article 43
Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law;
however, use of land collectively owned by peasants by the respective collective economic organization approved in accordance with
law for the establishment of rural and township enterprises and construction of residences by villagers, or use of land collectively
owned by peasants approved in accordance with law for the construction of village(township)public facilities and non-profit undertakings
is excluded.
Application for the use of state-owned land in accordance with law referred to in the preceding paragraph includes the state-owned
land and the land that originally belonged to collective ownership by peasants and has been requisitioned by the state.
Article 44
For occupation and use of land for construction involving turning agricultural land into land for construction, formalities of examination
and approval for turning agricultural land into other uses should be completed.
Occupation and use of land involving turning agricultural land into land for construction for construction projects of roads, pipelines,
cables and big-size infrastructure approved by people’s governments of the provinces, autonomous regions and municipalities directly
under the Central Government and construction projects approved by the State Council shall be subject to the approval of the State
Council.
Turning agricultural land into land for construction for the implementation of the said planning within the scale of land for construction
for municipalities and villages and townships determined by the overall planning for land utilization shall be subject to the approval
of the organ that originally approved the overall planning for land utilization in batches in accordance with the annual land use
plan. Within the scope of agricultural land turning into other uses already approved, land for specific construction projects can
be approved by municipal and county people’s governments.
Occupation and use of land involving turning agricultural land into land for construction for construction projects other than those
prescribed in the Second Paragraph and Third Paragraph of this Article shall be subject to the approval of people’s governments of
the provinces, autonomous regions and municipalities directly under the Central Government.
Article 45
Requisition of the following land shall be subject to the approval of the State Council:
(1)
basic farmland;
(2)
cultivated land other than the basic farmland exceeding 35 hectares; and
(3)
other land exceeding 70 hectares.
Requisition of land other than those prescribed in the preceding paragraph shall be subject to the approval of people’s governments
of the provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the State Council
for the record.
For the requisition of agricultural land, formalities of examination an
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