(Adopted by the 16th Session of the Standing Committee of the Sixth National People's Congress on June 25, 1986, amended by the 5th Session of the Standing Committee of the Seventh National People's Congress on December 29, 1988)
Contents
Chapter I General Provisions
Chapter II Ownership of and Right to the Use of Land
Chapter III Utilization and Protection of Land
Chapter IV Use of Land for State Construction
Chapter V Use of Land for Township (Town) and Village Construction
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of strengthening land administration, guaranteeing the socialist public ownership of land, protecting and developing land resources, making proper use of land, protecting effectively cultivated land and satisfying the needs of socialist modernization, this Law is hereby enacted.
Article 2
The People's Republic of China adopts socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working people.
No unit or individual may seize, buy or sell land or transfer land in any other unlawful method.
The State may, for the needs of the public interest, requisition land owned by the collective according to law.
The right to the use of State-owned land and collective-owned land may be transferred according to law. Specific measures for the transfer of the right to the use of land shall be made separately by the State Council.
The State adopts a system of the compensated use of State-owned land according to law. Specific measures for the paid use of State-owned land shall be made separately by the State Council.
Article 3
The people's governments at various levels must observe and implement the guiding principles of valuing highly the land and using land rationally, make overall plans, strengthen land administration, protect and develop land resources, and prevent acts of unlawful possession of cultivated land and irrational use of land.
Article 4
The people's governments shall reward the units or individuals that gain outstanding achievements in protecting and developing land resources, using rationally the land and carrying out relevant scientific research.
Article 5
The land administration department of the State Council shall be in charge of the unified administration of the land throughout the country.
The land administration departments of local people's governments at or above county level shall be in charge of the unified administration of the land in their respective administrative areas, the setup of such organizations shall be decided by the provinces, autonomous regions and municipalities directly under the Central Government in accordance with actual condition.
The people's governments at the township level shall be in charge of land administration in their respective administrative areas.
Chapter II Ownership of and Right to the Use of Land
Article 6
Land in the urban areas of cities shall be owned by the whole people, that is, owned by the State.
Land in rural areas and suburban areas of cities shall be owned by the collective, except for those portions which belong to the State according to law; homestead and private plots of cropland and hilly land shall be owned by the collective.
Article 7
State-owned land may be allocated to be used by units under ownership by the whole people or units under the collective ownership according to law, State-owned land and collective-owned land may be determined to be used by individuals according to law. Units and individuals that use land shall have the obligation to protect and manage the land and make rational use of such land.
Article 8
Collective-owned land shall belong to the farmers' collectives of villages, and shall be operated and managed by collective agricultural economic organizations such as village agricultural production cooperatives or villagers' committees. Land already belonging to peasant collective economic organizations of townships (towns) may fall under the ownership by peasant collectives in the townships (towns).
In case where land owned by peasant collectives of a village already belongs to two or more collective agricultural economic organizations in the village separately, ownership of such land may be assumed by peasant collectives in the respective collective agricultural economic organizations.
Article 9
Land owned by the collective shall be registered and recorded by the people's governments at the county level, which shall, upon verification, issue certificates to affirm the ownership of such land.
State-owned land used according to law by units under ownership by the whole people or under collective ownership or used by individuals shall be registered and recorded by local people's governments at or above the county level, which shall, upon verification, issue certificates to affirm their right to the use of such land.
Confirmation and verification of the ownership of or the right to the use of forest land or grassland, and confirmation and verification of the right to the use of water surface or beaches for aquiculture shall be dealt with in accordance with relevant provisions of the Forestry Law, the Grassland Law and the Fisheries Law respectively.
Article 10
In case that any change is to be made in land ownership or in the right to the use of land according to law, the formalities for registering such change must be gone through and the certificate changed accordingly.
Article 11
Ownership of land and right to the use of land shall be protected by law, no unit or individual may encroach upon.
Article 12
Land owned by the collective and State-owned land used by units under ownership by the whole people or under collective ownership may be operated under a contract by collectives or individuals to engage in agricultural, forestry, livestock and fishery production.
Collectives or individuals that contract to operate land shall have the obligation to protect such land and make rational use of it according to the purposes of use provided for by the contract.
The right to operate land under contract shall be protected by law.
Article 13
Disputes concerning ownership of land and the right to the use of land shall be solved through consultation between the parties; if such consultation fails, the people's government shall settle such disputes.
Disputes concerning ownership of land and the right to the use of land between units under ownership by the whole people, between units under collective ownership, and between units under ownership by the whole people and units under collective ownership shall be settled by the people's governments at or above the county level.
Disputes concerning the right to the use of land between individuals, between individuals and units under ownership by the whole people, or between individuals and units under collective ownership shall be settled by the people's governments at the township or county level.
If a party refuses to accept the decision of the relevant people's government, the party may initiate legal proceedings to a people's court within 30 days from the day on which notification of the decision is received.
Prior to a settlement of a dispute concerning ownership of land or the right to the use of land, no party may alter the existing condition of the disputed land or destroy anything attached to it.
Chapter III Utilization and Protection of Land
Article 14
The State shall establish a land survey and statistics system. Land administration departments of the people's governments at or above the county level together with departments concerned shall carry out land surveys and prepare statistics thereof.
Article 15
The people's governments at all levels shall draw up overall plans for land utilization, the overall plans for land utilization of local people's governments shall be implemented upon approval by the people's governments at higher levels.
Article 16
Urban planning shall be coordinated with the overall plan for land utilization. Within areas covered by urban planning, utilization of land shall be consistent with such urban planning.
In the safety zones of rivers and lakes, utilization of land shall be consistent with the comprehensive plans of development and utilization of rivers and lakes.
Article 17
Development of State-owned barren hills, wastelands and beaches for agricultural, forestry, livestock and fishery production shall be subject to the approval of people's governments at or above the county level, such land may be assigned to be used by the units that develop it.
Article 18
If a piece of land from which minerals have been extracted or soil has been removed can be reclaimed, the land-using unit or individual shall be responsible for reclaiming it and restoring its use.
Article 19
Subject to the approval of a people's government at or above the county level, a land administration department may withdraw the right to the use of State-owned land and cancel the land-use certificate of the land-using unit under any of the following circumstances:
(1). land-using unit has been dissolved or moved away;
(2). the land has been set idle for two consecutive years without the consent of the original approving authority;
(3). the land is used in a way other than the approved use; or
(4). highways, railways, airports and mining areas have been abandoned upon verification and approval.
Article 20
The people's governments at various levels shall take measures to protect cultivated land, maintain irrigation and drainage installations, improve soil, increase fertility of land, prevent soil from desertification, control soil salinization and soil erosion and prohibit acts allowing land to lie waste and destroying cultivated land.
Economy must be practiced in using land for State construction and township (town) and village construction, cultivated land shall not be used when wasteland can serve the purpose; good land shall not be used when poor land is available.
Chapter IV Use of Land for State Construction
Article 21
When the State needs to requisition land owned by the collective or to use State-owned land for economic, cultural or national defense construction projects and for constructing public works, such requisition shall be dealt with in accordance with the provisions of this Chapter.
Article 22
Upon approval, construction units may apply for use of land needed for State construction projects which are included in the State fixed assets investment plan or which are approved to constructed.
Article 23
When land is to be requisitioned for State construction, the construction unit must, according to procedures specified for State capital construction, apply to the land administration department of the local people's government at or above the county level by presenting a project plan description or other documents of approval issued by the competent department under the State Council or a local people's government at or above the county level, after the application has been examined and approved by the people's government at or above the county level, its land administration department shall allocate land thereto.
When the State requisitions land for construction, the units whose land is requisitioned should subordinate their wishes to the needs of the State and may not obstruct the requisition.
Article 24
If land owned by the collective is requisitioned for State construction, the State shall have the ownership to such land while the unit using the land shall have only the right to the use.
Article 25
Requisition of more than 1,000 mu of cultivated land or more than 2,000 mu of other types of land for State construction shall be subject to approval of the State Council.
Requisition of land in the administrative areas of provinces or autonomous regions shall be subject to the approval of the governments of those provinces or regions; Requisition of less than 3 mu of cultivated land and less than 10 mu of other types of land shall be subject to the approval of the people's governments at the county level; The limits of approval authority of the people's governments of municipalities under provinces and of autonomous prefectures shall be determined by the standing committees of people's congresses of the respective provinces and autonomous regions.
Requisition of land within the administrative areas of municipalities directly under the Central Government shall be subject to the approval of the people's governments of those municipalities; The limits of approval authority of the people's governments of districts and counties of municipalities directly under the Central Government shall be decided by the standing committees of the people's congresses of such municipalities.
Article 26
Application for the land needed for a single construction project shall be submitted for approval according to the overall design, and may not be broken up into parts. Requisition of land for a project which is being constructed in stages shall be conducted stage by stage but not long before it is used. Application for land needed for the construction of railways, highways, oil or water pipelines shall be presented for approval section by section to complete the procedures for land requisition.
Article 27
Units using requisitioned land for State construction shall pay land compensation. The compensation for requisition of cultivated land shall be three to six times the average annual output value of the requisitioned land for the three years prior to such requisition. Provinces, autonomous regions and municipalities directly under the Central Government shall create standards of compensation for requisition of other types of land with reference to the standard of compensation for requisition of cultivated land.
Standards of compensation for attachments and young crops on the requisitioned land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government.
Units using requisitioned vegetable land in city suburbs shall pay for a development and construction fund for new vegetable land in accordance with relevant regulations of the State.
Article 28
In addition to payment of compensation when requisitioning land for State construction, the land-using units shall also pay resettlement subsidies.
Resettlement subsidies for requisition of cultivated land shall be calculated according to the agricultural population needing to be resettled. The agricultural population needing to be resettled shall be calculated by dividing the amount of requisitioned cultivated land by the average amount of original cultivated land per person of the unit whose land is to be requisitioned. The standard resettlement subsidy to be divided among members of the agricultural population to be resettled shall be two to three times the average annual output value of each mu of the requisitioned cultivated land for the three years preceding such requisition. However, the maximum resettlement subsidy for each mu of requisitioned cultivated land shall not exceed ten times its average annual output value for the three years preceding such requisition. Provinces, autonomous regions and municipalities directly under the Central Government shall stipulate respective standards for resettlement subsidies for requisition of other types of land with reference to the standard resettlement subsidy for cultivated land.
Article 29
In case that land compensation and resettlement subsidies paid in accordance with Articles 27 and 28 of this Law are still insufficient to maintain the original living standard of the farmers to be resettled, the resettlement subsidy may be increased upon approval of people's governments of provinces, autonomous regions or municipalities directly under the Central Government. However, the total land compensation and resettlement subsidy may not exceed 20 times the average yearly output value of the requisitioned land for the three years preceding such requisition.
Article 30
All kinds of compensation and resettlement subsidies paid for requisitioned land on account of State construction, except for the compensation for individually owned attachments or young crops on the requisitioned land which shall be paid to the individuals, shall be used by the units whose land is requisitioned to develop production, to provide employment for the extra labor force due to requisition of the land and as living subsidies for people who cannot be employed; such funds may not be used for other purposes and may not be appropriated by any unit or individual.
Article 31
Land administration departments of local people's governments at or above the county level shall coordinate the units whose land is requisitioned, units using requisitioned land and other units concerned to help resettle the extra labor force due to requisition of land for State construction by developing agricultural and sideline production and setting up township (town) or village enterprises; If there are still people who cannot be resettled, the qualified persons among them may be given work in the units using the requisitioned land or other units under collective ownership or ownership by the whole people and the corresponding resettlement subsidy shall be transferred to the units which absorb such a labor force.
In case that all land of a unit is requisitioned, members originally registered in agricultural households may change their status to non-agricultural households upon approval of people's governments of provinces, autonomous regions or municipalities directly under the Central Government. The people's governments at or above the county level shall consult with the relevant township (town) or village to decide upon the settlement of the original collective-owned property and the compensation and resettlement subsidies received, which shall be used for organizing production and as living subsidies for those who cannot be employed, but may not be distributed privately.
Article 32
The compensation standard for requisition of land and the means of resettling people relocated due to construction of large or medium-sized water conservancy or hydroelectric projects shall be made separately by the State Council.
Article 33
Storage sites for materials, transportation passages and other temporary installations of construction projects shall be situated within the limits of the requisitioned land as far as possible. When additional land for temporary use is truly necessary, the construction units may apply to the agencies authorizing the use of land for projects, specifying the amount of land and the time limit for such temporary use, and shall sign temporary land-use agreements with collective agricultural economic organizations upon such applications being approved. Construction units shall pay compensation each year during the time limit based on the average annual output value of such land for the preceding three years. No permanent structures shall be erected on such land for temporary use. Construction units shall restore the production conditions of such land and return it promptly after the period for temporary use expires.
Requisition of land for the temporary uses of erecting lines above the ground, laying pipelines underground, building other underground projects and carrying out geological prospecting shall be subject to the approval of local people's governments at the county level, and compensation shall be paid in accordance with the provisions of the preceding paragraph.
Construction units shall ask for approval from local people's governments at the county level if land surveys are needed for choosing construction sites and shall pay proper compensation for any losses caused.
Article 34
For the purpose of State construction, State-owned barren hills, wasteland and State-owned land presently used by other units shall be allocated only after approval has been granted in accordance with due procedures and limits of approval authority over land requisition for State construction. The State-owned barren hills and wasteland shall be allocated without charge. Construction units which require State-owned land currently used by other units shall pay proper compensation to those units if losses are caused by the requisition and shall be responsible for moving such units if necessary.
Article 35
Requisition of land for construction by urban units under collective ownership shall be dealt with in accordance with the provisions in this Chapter.
Article 36
When land owned by collectives is needed by an enterprise under ownership by the whole people or an enterprise under ownership by collectives in cities and a collective agricultural economic organization, for setting up a jointly operated enterprise under joint investment, application thereof must be submitted to the land administration department of a local people's government at or above the county level by presenting a project plan description or other documents of approval issued by the competent authority under the State Council or a local people's government at or above the county level in accordance with procedures specified for State capital construction. The people's government at or above the county level shall approve the application within the limits of authority for approval of land requisitions for State construction. The land approved for such use may be requisitioned in accordance with the provisions for land requisitions for State construction, or the right to the use of such land may be offered by a collective agricultural economic organization as a condition for agreement on joint operation.
Chapter V Use of Land for Township (Town) and Village Construction
Article 37
Plans for township (town) and village construction shall be made in accordance with the principles of rational distribution and economical use of land, and shall be put into practice upon approval of the people's governments at the county level. Plans for township (town) or village construction within planned areas in cities shall be put into practice upon approval of municipal people's governments.
Rural residence construction, township (town) and village enterprise construction, township (town) and village public works and public welfare construction shall be conducted in accordance with construction plans of the township (town) and village concerned.
Article 38
Rural residents shall use original house sites and idle lots in villages to build residences. If cultivated land needs to be used, the matter shall be subject to the examination and verification of the people's governments at the township level and the approval of the people's governments at the county level. Use of original house sites, idle lots and other land in villages shall be subject to approval of the people's governments at the township level.
The land that rural residents use to build residences shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.
Approval for other house sites shall not be granted to those who have sold or leased their houses.
Article 39
A township (town) or village enterprise that needs land for construction must apply to the land administration department of the people's government at the county level by presenting a project plan description or other documents of approval issued by the local government at or above the county level; the application shall be subject to the approval of local people's government at or above the county level within the limits of approval authority granted by the relevant province, autonomous region or municipality directly under the Central Government.
Land required for construction by township (town) and village enterprises must be strictly controlled. Provinces, autonomous regions and municipalities directly under the Central Government may stipulate respective land use standards after taking into consideration the various trades and operational scope of township (town) and village enterprises.
Township (town) enterprises which use land owned by village farmers' collectives for construction shall make proper compensation to the units which provide land for such use and shall properly arrange the production and livelihood of farmers concerned in accordance with respective provisions of their province, autonomous region or municipality directly under the Central Government.
Article 40
Applications for the use of land required by townships (towns) and villages for public works and public welfare construction shall, after examination and verification by the people's governments at the township level, be submitted to the departments of land administration under the governments at the county level and shall be approved by the local people's governments at or above the county level in line with the limits of authority for approval as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.
Article 41
When non-agricultural households in cities or towns need to use land owned by the collective to build residences, they must obtain the approval of people's governments at the county level. The size of land for such use shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government, and compensation and resettlement subsidies shall be paid with reference to the standards provided for land requisition for State construction.
Article 42
Local people's governments at various levels may set quotas for use of land in township (town) and village construction and submit such quotas to the people's governments at the next higher level for approval and implementation.
Chapter VI Legal Liability
Article 43
Units under ownership by the whole people and urban units under collective ownership that unlawfully encroach upon land without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a given period of time, any structures or other installations newly erected thereon, or such structures or installations shall be confiscated, and fines shall be imposed concurrently; administrative penalty shall be given to those who are in charge of the units for such unlawful encroachment, either by the units to which they belong or by offices at a higher level.
If the amount of land occupied exceeds the approved amount, the excessive portion shall be handled as in the case of unlawful encroachment of land.
Article 44
Township (town) and village enterprises which unlawfully encroach upon land without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a given period of time, any structures or other installations newly erected thereon, or such structures or installations shall be confiscated, and fines may be imposed thereon concurrently.
If the amount of land occupied exceeds the approved amount, the excessive portion shall be handled as in the case of unlawful encroachment of land.
Article 45
Rural residents who unlawfully encroach upon land to build residences without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a given period of time, the houses newly built on such land, or such newly built houses shall be confiscated.
Article 46
Residents in non-agricultural households in cities or towns who unlawfully encroach upon land to build residences without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a given period of time, the houses newly built on such land, or such newly built houses shall be confiscated.
State functionaries who, by abusing their authority, unlawfully encroach upon land to build residences without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a given period of time, the houses newly built on such land, or such houses shall be confiscated, and administrative penalty shall be imposed upon the functionaries either by the units to which they belong or by offices at a higher level.
Article 47
Anyone who unlawfully transfers land through buying, selling or other means shall have his or her illegal proceeds confiscated and shall be ordered to demolish, within a given period of time, any structures or other installations newly erected on such land, or such structures or installations shall be confiscated, and the party concerned may be fined; administrative penalty shall be given to the person who bears the main responsibility either by the unit to which he belongs or by an office at a higher level.
Article 48
In case that a unit or individual without authority to approve requisition or use of land unlawfully approves occupation of land, or if he or she unlawfully approves occupation of land by overstepping his or her authority of approval, the documents of such approval shall be void and an administrative penalty shall be given the person who bears the main responsibility in such a unit or individual who has unlawfully approved occupation of land, either by the unit to which the person belongs or by offices at a higher level. Anyone who takes bribes shall be investigated for criminal responsibility in accordance with relevant provisions of the Criminal Law. Land occupied through unlawful approval shall be handled as a case of unlawful encroachment of land.
Article 49
Units at higher levels or other units that unlawfully seize land compensation and resettlement subsidies paid to the units whose land has been requisitioned shall be ordered to return such funds and make compensation, and they may be fined concurrently, administrative penalty shall be given to those who bear the main responsibility either by the units to which they belong or by offices at a higher level. Unlawful seizures by individuals shall be handled as a case of graft.
Article 50
Whoever makes temporary use of land in accordance with Article 33 of this Law and fails to return the land after the term for such use expires and whoever refuses to surrender land after the right to the use of it has been withdrawn in accordance with Article 19 of this Law shall be ordered to return the land and shall be fined concurrently.
Article 51
Whoever, in violation of the law, excavates earth or sand from or quarries or mines on cropland, therefore seriously damaging the cultivation conditions, or, in developing land, causes soil desertification, soil salinization or soil erosion, shall be ordered to make rectification within a definite period of time and may be fined concurrently.
Article 52
Administrative penalties prescribed in this Law shall be decided by land administration departments of local people's governments at or above the county level; administrative penalty stipulated in Article 45 of this Law may be decided by the people's governments at the township level. If the party concerned refuses to accept an administrative penalty, the party may initiate legal proceedings to a people's court within 15 days of receiving the notification on the decision regarding the penalty. If the party neither initiates legal proceedings nor complies with the penalty within that period, the unit that has made the decision of administrative penalty shall apply to the people's court for a compulsory enforcement.
Units or individuals that are under the punishment of demolishing, within a definite period of time, any new structures or other installations must stop construction immediately. For those who carry on construction, the unit that made the decision shall have the authority to stop it. Whoever rejects or hinders the performance of duties according to law by land administration personnel shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security.
Article 53
The land administration department of the local people's government at or above the county level shall order anyone who has infringed upon others' ownership of land and right to the use of land to stop the infringement and pay compensation for the losses caused; If a party refuses to accept the order, it may file suit in a people's court within 30 days after receiving notification of the order. The party infringed on may also file lawsuit directly in the people's court.
Article 54
In the course of changing ownership of land or the right to its use or solving disputes concerning ownership of land or the right to its use, anyone who offers or takes bribes, extorts money, commits embezzlement or theft of State or collective property, or incites the masses to disorderly conduct obstruction of State construction, if a crime is constituted, shall be investigated for criminal responsibility in accordance with relevant provisions of the Criminal Law.
Chapter VII Supplementary Provisions
Article 55
Administration measures for the land used by Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises shall be made separately by the State Council.
Article 56
The land administration department under the State Council shall formulate rules for implementation of this Law, which shall be put into force after being submitted to and approved by the State Council.
The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government shall formulate measures for implementation of this Law.
Article 57
This Law shall go into effect on January 1, 1987. The Regulations on the Administration of Land Used by Villages and Towns for House Construction, promulgated on February 13, 1982 by the State Council, and the Regulations on the Requisition of Land for State Construction, promulgated on May 14, 1982 by the State Council, shall be invalidated simultaneously.
