(Promulgated on January 4, 1991 by the State Council, and effective on February 1, 1991)
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 Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1
In accordance with the provisions of Article 56 of the "Land Administration Law of the People's Republic of China" (hereinafter referred to as Land Administration Law), these Rules are enacted.
Article 2
The State Land Administration shall be in charge of the unified management of land in the entire country.
Chapter II Ownership of and Right to the Use of Land
Article 3
The land listed below shall be owned by the whole people, that is, the State:
(1). Urban land in cities;
(2). Land in the countryside and in the suburban areas of cities that is confiscated, requisitioned, acquired, purchased and returned to the ownership of the State according to law (except those allocated or determined to be owned by the collective);
(3). Forests, grassland, mountains, wasteland, tidal flats and river banks and other land that the State has not determined to be owned by the collective.
Article 4
Owners of the collectively-owned land and users of State-owned land must apply for land registration to local people's governments at or above the county level.
The county-level people's governments shall register and record collectively-owned land, issue "certificate of collectively-owned land" to confirm and verify the ownership over such land.
The people's governments at or above the county level shall register and record State-owned land used according to law by units and individuals, issue "use certificate of State-owned land" thereto to recognize and verify their right to the use of such land.
The State Land Administration shall be responsible for determining the forms and format of land certificates in a unified manner.
The confirmation and recognition of the ownership or the right to the use of forests and grassland, and the confirmation and verification of the right to the use of water surface and tidal flats for aquaculture shall be handled respectively in accordance with the provisions of the Forestry Law, the Grassland Law and Fisheries Law.
Article 5
The people's governments at or above the county level shall register and record those State-owned land not yet developed or used, and shall be responsible for its protection and management.
Article 6
Whoever changes the ownership or the right to the use of land according to law, or buys or sells or transfers the premises and attached structures on land according to law, which consequently results in the transfer of the right to the use of land, must apply to the land administration of the local people's government at or above the county level for registration of the change of ownership or the right to the use of land, and the people's government at or above county level shall change the land certificates.
Whoever buys or sells or transfers premises and attached structures on land shall, in accordance with the relevant regulations of the State, go through formalities for the transfer registration.
Article 7
In case where the right to the use of land is retrieved from the using units according to the provisions of Article 19 of the Land Administration Law, the land administration shall report to people's governments at or above the county level for approval to cancel the use certificates of State-owned land, and the land administration shall handle the formalities for cancellation of land registration.
Article 8
Disputes over land ownership or the right to the use of land between units under the ownership of the whole people, between the units under the collective ownership or between the units under the ownership of the whole people and the units under the collective ownership shall be settled by the people's governments at or above the county level in places where the land is located.
Disputes over the right to the use of land among individuals, between individuals and units under the ownership of the whole people or between individuals and units under the collective ownership shall be settled by the people's governments at township or county levels in places where the land is located.
Where the disputes over land ownership and the right to the use of land require a redetermination of ownership and the right to the use of land, the people's governments at or above the county level shall determine the ownership and the right to the use of land, and issue land certificates.
Chapter III Utilization and Protection of Land
Article 9
The State shall establish the land survey system. The content of land surveys includes land ownership, the status of land utilization and land conditions.
Plans of national land surveys shall be mapped out by the State Land Administration together with departments concerned, which shall be carried out after being reported to and approved by the State Council.
Land administrations of local people's governments at or above the county level, together with departments concerned, map out local land survey plans, which shall be reported to the people's governments at the same level for approval and to the land administrations of people's governments at the next higher level for the record prior to their implementation.
Land surveys shall be conducted by the land administrations of people's governments at or above the county level by organizing departments concerned to take part. Land owners and users shall cooperate and provide necessary data.
Article 10
The land administrations of people's governments at or above the county level should, in collaboration with departments concerned, appraise and grade land on the basis of land surveys.
Article 11
The State shall establish the land statistics system. Land administrations of people's governments at or above the county level shall, in collaboration with statistics departments, compile land statistics in accordance with law. Statisticians shall perform their duties according to law. Land owners and users shall provide statistical information and may not report false data, conceal data, refuse to report data or report in a belated manner, and may not fabricate or distort data.
Article 12
General national land utilization plans shall be worked out by the State Land Administration in collaboration with departments concerned, which shall, after comprehensive balancing by the State Planning Commission, be reported to the State Council for approval and implementation.
General land utilization plans for local people's governments at or above the county level shall be worked out by the land administrations of people's governments at or above the county level in collaboration with departments concerned, which shall, upon comprehensive balancing by planning departments at the same level, be reported to the people's governments at the same level for examination and approval and to people's governments at the next higher level for approval and implementation.
Township people's governments shall work out general land utilization plans for township people's governments and report to county people's governments for approval and implementation.
Any revision to the general land utilization plans already endorsed must be approved by the original approving authorities.
Article 13
Whoever intends to develop State-owned waste hills, wasteland and tidal flats must submit an application to local land administration and be approved by local people's governments at or above the county level within the limits of power as prescribed by provinces, autonomous regions or municipalities directly under the Central Government. If laws or regulations contain other stipulations, such provisions shall apply to the applications. Development of land exceeding 10,000 mu but not exceeding 20,000 mu at one time must be approved by the State Land Administration; development of land exceeding 20,000 mu must be endorsed by the State Council.
Article 14
In case that a unit or individual intends to change farmland into non-farmland, approval from people's government at or above the county level must be obtained.
Article 15
Land contracted by units or individuals and land and hills allocated for private use according to law should be used as prescribed, and may not be used to build houses, kilns and graves or excavate minerals, rock, sand and earth from it.
Any unit or individual who is engaged in the business activities of excavating minerals, rock, sand and earth from land mentioned in the preceding paragraph must apply to the land administration of people's governments at or above the county level for use of the land and be approved by the people's governments at or above the county level. If laws and regulations have otherwise stipulations, such provisions shall apply to such matters.
Article 16
If land can be restored as farmland after excavation of minerals, sand and earth, the using units and individuals must, in accordance with "Regulations on Restoration of Farmland" promulgated by the State Council, restore it to farmland, the land administrations at or above the county level, in collaboration with departments concerned, shall conduct examination and acceptance check of farmland so reclaimed.
Chapter IV Use of Land for State Construction
Article 17
The State shall economize and rationalize the use of land in undertaking economic, cultural and national defense construction and constructing social and public welfare facilities. The design descriptions of a construction project sent for approval must include opinions of the land administration.
Article 18
Procedures for examination and approval for the use of land for State construction are as follows:
(1). The construction unit, on the strength of the design task document already endorsed or preliminary designs, annual capital construction plan and other documents, applies for the use of construction land to the land administration of the people's governments at or above the county level in the place where the land to be requisitioned is located.
(2). The land administrations of the people's governments at or above the county level shall examine and check the application for the use of construction land, mark the area for such use and organize the construction unit, the land-owning unit and other units concerned to consult in accordance with law on plans of compensation for the requisitioned land and settlement, which shall be submitted to the people's governments at or above the county level for approval.
(3). After the application for use of construction land is approved by the people's governments at or above the county level according to the limits of power, the people's government at or above county level in the place where the land to be requisitioned is located shall issue documents of approval for use of construction land thereto, and the land administration shall allocate construction land once for all or in installations in line with the progress of construction.
(4). When the department in charge of the construction project, upon completion of the construction project, organizes relevant departments in acceptance inspection, the land administration of the people's governments at or above the county level shall examine the land actually used (upon completion of construction items in planned urban areas, urban planning administrative authorities, in collaboration with land administration, examine and check on the land actually used), shall, upon acknowledgment, handle procedures for land registration in accordance with relevant provisions of Chapter 2 of these Rules and issue the use certificate of State-owned land thereto.
In applying for use of construction land in planned urban area, construction units or individuals shall, after obtaining a planning permit for use of construction land, go through formalities as stipulated in the preceding paragraph.
Article 19
In applying for use of land for construction of railways, highways and the laying of oil or water pipelines, the application shall be made for a packaged approval in line with general designs, the formalities for land requisition and land allocation may be undertaken stage by stage; for construction items built in phases, the application approval, and formalities for land acquisition and allocation may be completed in corresponding phases in line with the design task documents.
Article 20
Land for emergency relief purposes may be used first, however, it is imperative to go through formalities afterwards for interim use of land or land acquisition and allocation in accordance with the regulations.
Article 21
Acquisition of other land exceeding 2,000 mu as stipulated in the first paragraph of Article 25 of the Land Administration Law includes the acquisition of farmland not exceeding 1,000 mu and of other land exceeding 1,000 mu with an aggregate of 2,000 mu acquired at the same time for a single construction item.
Acquisition of other land not exceeding 10 mu as stipulated in the second paragraph of Article 25 of the Land Administration Law includes the acquisition of farmland not exceeding 3 mu and other land exceeding 10 mu with an aggregate exceeding 3 mu but not exceeding 10 mu acquired at the same time for a single construction item.
Article 22
The people's governments at or above the county level may give to the collective agricultural economic entities for farming purposes the State-owned land whose use right is recovered in accordance with the provisions of Article 19 of the Land Administration Law. During the period of farming, the collective agricultural economic entities may not build permanent premises or grow perennial crops on the land so obtained and return it to the State if the State construction requires. If there are growing crops when the land is so returned, construction units shall pay compensations for the growing crops.
Article 23
In case that construction units need additional interim land for work space beyond the areas of land requisitioned, they shall apply for use of interim land to land administrations of local people's governments at the county level, which shall be reported to the people's governments of the same level for approval. If they need additional interim land in planned urban area, they must, first of all, apply to urban planning administrative authorities on choosing the site, and may, upon examination and consent, apply for use of the interim land to land administrations.
Collectively-owned land used temporarily shall be compensated in accordance with the provisions of the first paragraph of Article 33 of the Land Administration Law.
Chapter V Use of Land for Township (Town) and Village Construction
Article 24
Strict control must be imposed on use of farmland in township (town) and village constructions, and land use ceiling quotas for township (town) and village constructions determined by local people's governments at or above the county level may not be exceeded.
Article 25
When villagers need land to build houses, they shall first apply for use of land to the village's collective agricultural economic entity or the villagers' committee, and, upon deliberation and endorsement by a meeting of deputies of villagers or a meeting of villagers, the application shall be reported to the township people's government for approval. In cases in which farmland is to be used for the purpose, it is necessary to have the application examined by the township people's government, examined and agreed by land administrations of county-level people's governments and endorsed by the county-level people's governments; if land on the original sites of family houses, land laid idle in the village, or other land is to be used, it shall be reported to the township people's governments for approval.
Article 26
If urban or town non-agricultural residents need to build houses on collectively-owned land, they shall first get consent from the unit where they work or the neighborhood committee where they live, and then apply for use of land to the village collective agricultural economic entity or the villagers' committee or township (town) farmers' collective economic entity in the place where the land is located. If the land to be used is owned by villagers collectively, it is necessary to have the application endorsed by an assembly of deputies of villagers or an assembly of the villagers, examined and agreed by township (town) people's governments and approved by county-level people's governments; if the land to be used is owned collectively by farmers of a township (town), the application shall be deliberated and endorsed by the township (town) farmers' collective economic entity, examined and agreed by the township (town) people's government, and then be reported to the county-level people's government for approval.
Article 27
If workers and staff, demobilized soldiers, retired cadres, or overseas Chinese and compatriots from Hong Kong, Macao and Taiwan who return to their hometown for permanent residence need to build houses on collectively-owned land, applications for land use shall be handled in accordance with the provisions of Article 38 of the Land Administration Law and Article 25 of these Rules.
Article 28
In case that land is needed to build rural markets in line with township (town) and village construction plans, applications for land use shall be handled in accordance with the provisions of Article 40 of the Land Administration Law.
Article 29
Rural contracting-operation households and private industrial and commercial households engaging in non-agricultural businesses should utilize land on original sites of family houses; if it is necessary to use collectively-owned land, they must, on the strength of documents of approval by relevant departments, apply for use of land to the village farmers' collective economic entity or the committee of villagers, or the township (town) farmers' collective economic entity, after the villagers' committee or township (town) farmers' collective economic entity has deliberated and endorsed applications, and examined and agreed by township (town) people's governments, the people's governments at or above the county level shall give their approvals within their limits of power as defined by the regulations of the province, autonomous region and municipalities directly under the Central Government.
Chapter VI Legal Liabilities
Article 30
In case where a fine is imposed concurrently on a violator in addition to ordering to return the illegally occupied land and dismantle in a given period of time the newly built premises and other structures on the illegally occupied land or have them confiscated in accordance to the provisions of Articles 43 and 44 of the Land Administration Law, the fine shall be imposed according to the standard of not exceeding 15 yuan for per square meter of land illegally occupied.
Article 31
In case where a fine is imposed concurrently on a violator in addition to in addition to confiscating all his or her illegally proceeds, ordering to dismantle in a given period of time or confiscating the newly built premises and other structures on the land being traded or transferred in any other illegal means in accordance with the provisions of Article 47 of the Land Administration Law, the fine shall be imposed at the standard not exceeding 50 percent of the illegal proceeds.
Article 32
In case where a fine is imposed concurrently on a violator in addition to ordering to return what they have unlawfully taken or pay compensations for it in accordance with the provisions of Article 49 of the Land Administration Law, the fine shall be made at the standard not exceeding 30 percent of the illegally possessed amount of money.
Article 33
In light of the provisions of Article 50 of the Land Administration Law, if a fine is imposed on a violator in addition to ordering to return the land, the fine shall be imposed according to a standard of 5 yuan per square meter of land illegally used.
Article 34
In light of the provisions of Article 51 of the Land Administration Law, if a fine is imposed on a violator who severely damage farming conditions in addition to ordering to improve the farming condition in a given period of time, the case shall be handled according to standards as stipulated in decrees on protection of farmland; fines shall be imposed on those who cause desertification or salinization of land as a result of land development in accordance with standards as prescribed by each province, autonomous region or municipality directly under the Central Government in addition to ordering the violators to improve soil conditions in a set period of time; fines shall be imposed on those who cause soil erosion as a result of land development in accordance with standards as stipulated in decrees on preservation of soil in addition to ordering violators to improve the conditions in a set period of time.
Article 35
Fines must be paid in a prescribed period of time; A daily additional fine of 0.3 percent for overdue shall be imposed for any delayed payment.
Fines and the additional fines for delayed payment shall be turned over to State coffers in accordance with relevant State regulations.
Article 36
Whoever has procured land without approval or with approval obtained by the means of deceit by making farmland lie idle for building houses or engage in other construction activities on the unlawfully obtained land shall be ordered to dismantle the newly built premises and other structures on the unlawfully occupied land or have them confiscated, and shall return the unlawfully occupied land.
If any unit or individual who is ordered to dismantle in a given period of time newly built premises and other structures continues to engage in construction, the authorities that has made the punitive decisions shall have the right to seal up the equipment and building materials involved in such construction.
Article 37
Whoever conceals or provides false land statistical data, refuses to report, report repeatedly in a belated manner or fabricate or distort such data shall be punished in accordance with the provisions of Article 25 of the Statistics Law of the People's Republic of China and Article 31 of the Rules for the Implementation of the Statistics Law of the People's Republic of China.
Article 38
Whoever infringes upon the land ownership or the right to the use of land shall be dealt with by local people's government at or above the county level in accordance with the provisions of Article 53 of the Land Administration Law, if the violator does not appeal or carry out the decision in a given period of time after the decision has been made, the party being infringed upon may apply to a people's court for a compulsory enforcement.
Chapter VII Supplementary Provisions
Article 39
The State Land Administration shall be responsible for the interpretation of these Rules.
Article 40
These Rules shall come into force on February 1, 1991.
