CHAPTER ONE GENERAL PROVISIONS
CHAPTER TWO OWNERSHIP AND RIGHT OF USE OF LAND
CHAPTER THREE GENERAL PLANS FOR THE UTILIZATION OF LAND
CHAPTER FOUR PROTECTION OF CULTIVATED LAND
CHAPTER FIVE LAND FOR CONSTRUCTION PURPOSES
CHAPTER SIX SUPERVISION AND EXAMINATION
CHAPTER SEVEN LEGAL RESPONSIBILITIES
CHAPTER EIGHT SUPPLEMENTARY PROVISIONS
Article 1 The law is formulated in compliance 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 i.e. an ownership by the whole people and ownerships
by collectives, of land.
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 use right may be transferred
by law.
The State may requisition land owned by collectives according to law on public interests.
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 law.
Article 3 To cherish and give a rational use to the land as well as to give a true protection to the cultivated land are seen as a
basic principle of land use in the country. The people’s governments at all levels should manage to make an overall plan
for the use of land to strictly administer, protect and develop land resources and stop any illegal occupation of land.
Article 4 The State is to place a strict control on the usages of land.
The State shall compile general plans to set usages of land including those of farm or construction use or unused. A strict
control is to place on the turning of land for farm use to that for construction use to control the total amount of land
for construction use and exercise a special protection on cultivated land.
“Land for farm use” refers to land directly used for agricultural production, including cultivated land, wooded 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 should 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” for short) 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 TWO 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 peasants
including land for building houses, land and hills allowed to be retained by peasants.
Article 9 Land owned by the State and land collectively owned by peasants 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 peasants 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 peasants 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) peasant 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 peasants 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 peasants 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 beachland for
breeding purpose shall be managed according to related 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, should 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 peasant shall be contracted out to 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 should sign
a contract with the correspondents contractor to define each other’s rights and obligations. Peasants 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 operation of land contracted by peasants shall be protected by law.
Within the validity term of a contract, the adjustment of land contracted by individual contractors should 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 units or individuals for farming, forestry, animal husbandry and fisheries
operations. Land collectively owned by peasants 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 should sign land use contracts to define each other’s rights and obligations. The contraced 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 specified in the contracts.
Whereas a land collectively owned by peasant is contracted out for operation to ones not belonging to the corresponding
collective organizations, a consent should 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 consultation among parties concerned;
should consultation fails, the disputes should be handled by people’s governments.
Disputes among units shall be handled by the people’s government at and 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 related 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 THREE GENERAL PLANS FOR THE UTILIZATION OF LAND
Article 17 People’s governments at all levels shall manage to compile 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 should 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 than the
total amount of cultivated land under their jurisdiction shall not be reduced.
Article 19 General plans for land use should 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 cultivated land occupied and cultivated land developed and reclaimed.
Article 20 General plans for land use at the county level should define the areas and purposes of land use.
General plans for the land use at the township (town) level should 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 be examined and approved level by level.
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 related 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 should 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 control, development and utilization of rivers and lakes should be 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 should 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 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 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 related departments at the same level. Land owners or users should 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 related 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 related 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 FOUR 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 should be responsible for reclaiming the same
amount of land in the same quality as that occupied 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 reclaimation of land or the land reclaimed
is not up to requirements, the units concerned should 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 system of protecting the basic farmland. 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 should 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 should 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 adopt 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 should be occupied; whereas poor land can be used, no good land should 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 to lie 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 should 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 peasant collectives, it should be turned over to original
rural collective economic organizations for recultivation.
Idle land that is lying 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 should 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
should 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 should
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 FIVE LAND FOR CONSTRUCTION PURPOSES
Article 43 Any unit or individual that need land for construction purposes should apply for the use of land owned by the State according
to law, except land owned by peasant collectives used by collective economic organizations for building township enterprises
or building houses for villagers or land owned by peasant 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 peasant collectives but having been requistitioned 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 requisition 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.
Requisition 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.
Requisition of agricultural land should 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 requisition examination and approval procedures should be completed concurrently
with the
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20031120
The China Securities Regulatory Commission
Circular of China Securities Regulatory Commission Concerning Executing Well the Supervision of the Securities Executive Authority’s
Qualification on Transacting B-shares
ZhengJianJiGouZi [1999] No.39
June 9, 1999
Each security supervision office (directly affiliated office), special commissioners office of security supervision, Shanghai and
Shenzhen security exchanges:
With a view to further tightening examination, approval and supervision over the qualification on transacting B-shares, guarding against
and defusing financial risks, hereby notify the relating matters according to the Interim Measures on Domestic and Oversea Securities
Executive Authority’s Qualification on Transacting B-shares (ZhengJian [1996] No.5, hereinafter referred to as Measures), the relevant
issue is notified as follows:
1.
After awarded by China Securities Regulatory Commission (hereinafter referred to as CSRC) in 1997, the qualification credentials of
transacting B-shares have expired in succession. CSRC now has begun to extend qualification credentials of transacting B-shares.
Executive authorities that want to extend or apply credentials of qualification of securities executive authority should go through
proceedings of examination and approval under the Measures. Executive authorities shall return the Qualification Credentials of Transacting
B-shares to CSRC, if their qualification credentials have already expired, and they do not apply for postponement.
2.
The application on postponement shall be made in 6 months after promulgation of this circular. If the application is not made in time,
its original qualification on transacting B-share shall become invalid automatically; if the application on postponement is not made
in time, it shall be regard as a new application.
3.
Domestic securities executive authority making the first application to applying qualification of transacting B-shares or applying
to extend credentials of qualification of securities, shall make the application to local security supervision authority according
to the Measures. After the preliminary trial of local security supervision authority, the documents of application shall be filed
to CSRC. Oversea securities executive authority can directly apply to CSRC for qualification on transacting B-share.
Securities executive authority making the first application to applying qualification on transacting B-shares shall file application
and related materials according to Article 11 and 12 of the Measures; Securities executive authority making application to applying
to extend credentials of qualification of securities shall file documents according to Article 14 of the Measures and:
(1)
application of postponement;
(2)
application form for applying qualification on transacting B-share uniformly printed by CSRC;
(3)
introduction of professional staff;
(4)
original Qualification Credentials of Transacting B-shares.
4.
Securities executive authority with the qualification of transacting B-shares shall file the report to according to Article 16 of
the Measures on time. Besides CSRC, the report of domestic authority shall be submitted to the local security supervision authority
at the same time.
Each security supervision office shall urge the securities executive authority with the qualification of transacting B-shares in the
area under its jurisdiction to file its application of postponement on time, and shall strength daily supervision on them according
to the Measures.
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