People's Republic Of China Land Management Law

Original Language Title: 中华人民共和国土地管理法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
  (August 28, 2004 deputies of the 11th meeting of the Standing Committee by) deputies of the 11th meeting of the Standing Committee decided to People's Republic of China Law on land management as follows: first, second, fourth, revised as follows: "States where the public interest requires, on land expropriated or requisitioned, and pay compensation in accordance with law.
"Second, article 43rd, 45th, 46th, 47th, 49th, 51st and 78th, 79th in the" expropriation "is amended as" expropriation ".
This decision shall come into force as of the date of.
People's Republic of China land management act be revised in accordance with this decision, republished. Attachment: People's Republic of China land management law (2004 revision) (June 25, 1986 the last session of the 16th meeting of the Standing Committee of national people's Congress on December 29, 1988 fifth meeting of the NPC Standing Committee on revising People's Republic of China Law of land management decision Revised August 29, 1998 for the first time the fourth meeting of the Standing Committee of the ninth second revised August 29, 1998 People's Republic of China announced on August 28, 2004, 8th President of Deputies adopted at the 11th meeting of the Standing Committee, on August 28, 2004 People's Republic of China presidential order released 28th, as of the date of promulgation of the Deputies of the 11th meeting of the Standing Committee on revising People's Republic of China land administration law, the decision of the third amendment) contents chapter I General provisions chapter II ownership and use of cultivated land protection in chapter III, the fourth chapter of general land use planning construction land in the fifth chapter chapter Chapter Sixth seventh eighth chapter legal liability of supervision and inspection annex chapter I General provisions article in order to strengthen land management,
Safeguarding the Socialist public ownership of land, protecting and developing land resources, rational utilization of land, effectively protecting farmland, promote socio-economic development, according to the Constitution, this law is enacted.
Article People's Republic of China Socialist public ownership of land, namely, ownership by the people and collective ownership.
Public ownership, State ownership of the land by the State Council on behalf of the State. No unit or individual may appropriate, buy, sell or in any other form of illegal transfer of land.
Land use right may be transferred according to law.
Countries where the public interest requires, can impose and pay compensation for land requisitioned according to law or. The State practises the paid use system of State-owned land.
However, within the scope of the legal provisions of the State except for the transfer of State-owned land. Article III of treasure and the rational use of land and protecting cultivated land is China's basic national policy.
People's Governments at various levels shall take measures to comprehensive planning, strict management, protecting and developing land resources, suppression of unlawful occupation of land Act.
Fourth national land use management system. National land use planning, land use, land classified as agricultural land, construction land and unused land.
Severe restrictions on the conversion of agricultural land, control of construction land total, special protection for cultivated land.
Qian paragraph by said agricultural to is refers to directly for agricultural production of land, including arable land, and woodland, and grass, and irrigation and water conservancy with to, and farming water,; construction with to is refers to built buildings, and structures of land, including urban and rural residential and public facilities with to, and mining with to, and traffic water facilities with to, and tourism with to, and military facilities with to,; not using to is refers to agricultural to and construction with to yiwai of land.
Use of land units and individuals must be used strictly in accordance with the land use plan for the purposes identified.
Fifth land administrative departments of the State Council is responsible for the national land management and supervision.
Land administrative departments of local people's Governments at or above the county level sets and their functions, and the people's Governments of provinces, autonomous regions and municipalities directly under the determined in accordance with the relevant provisions of the State Council.
Sixth no units and individuals have the obligation to abide by the laws and regulations on land management, and the right to violate the land management law and regulations acts impeach and accuse.
Seventh in protecting and developing land resources, rational utilization of land and associated research of outstanding units and individuals, by Government incentives.
Chapter two ownership and use rights article eighth urban land is owned by the State.
Land in rural and suburban areas, other than prescribed by law belong to the State, belonging to a farmers ' collective; Homestead and farm plots of cropland and belong to the peasant collectives. Nineth State-owned land and farmers collectively-owned land can be established by law for use by units or individuals.
Units and individuals who use the land, there are obligations to conservation, management and rational use of land.
Tenth Article farmers collective of land law belongs to village farmers collective of, by village collective organization or village Committee business, and management; has respectively belongs to village within two a above rural collective organization of farmers collective of, by village within the the rural collective organization or villagers group business, and management, has belongs to Xiang (town) farmers collective of, by Xiang (town) rural collective organization business, and management.
11th farmers collectively-owned land from the County Register, and issue certificates to certify the ownership concerned. A farmers ' collective use of land for non-agricultural construction, from the County Register and issue certificates to confirm the use of land for construction.
Units and personal law using of State-owned land, by County above government registration register, issued certificate, confirmed right; which, Central State using of State-owned land of specific registration sent card organ, by State determine, confirmed woodland, and Prairie of ownership or right, confirmed water, and beach of farming right, respectively in accordance with People's Republic of China forest People's Republic of China Prairie method and People's Republic of China fisheries method of about provides handle.
Article 12th change of land ownership and use, should go through the land alteration registration procedures.
Article 13th register of land ownership and rights are protected by law and no unit or individuals may infringe upon it. Article 14th rural collective land contract management by members of the collective economic organizations, engaged in farming, forestry, animal husbandry and fisheries production. Land contract for a period of 30 years. Contracting Parties and Contracting Parties shall conclude a contract, stipulated the rights and obligations of the parties. Contracted farmers in land protection and in accordance with the obligations agreed on in the contract the use of rational use of land.
Farmers ' land contract management right is protected by law.
During the term of land contract management, contract from individual contractors to appropriate adjustment of land, must be approved by the villagers more than two-thirds more than two-thirds members or villagers ' representatives agreed, and township (town) people's Government and the County departments of agriculture administration. 15th by unit or individual Contracting management of State-owned land for farming, forestry, animal husbandry and fisheries production. Peasants ' collective ownership of land, by the unit or individual contracted outside the collective economic organizations, engaged in farming, forestry, animal husbandry and fisheries production. Contracting Parties and Contracting Parties shall conclude a contract, stipulated the rights and obligations of the parties. Land contract terms stipulated by the contract.
Units and individuals contracted management of land, protection and in accordance with the obligations agreed on in the contract the use of rational use of land. Collectively owned by peasants from the collective economic organizations outside the unit or individual contract, must be approved by the villagers more than two-thirds more than two-thirds members or villagers ' representatives agreed, and township (town) people's Government for approval.
16th section land ownership and tenure disputes settled by the parties through consultation, by the people's Government.
Disputes between units, dealt with by the people's Governments above the county level; disputes between individuals, between individuals and units, the township-level people's Governments at or above the county level people's Government.
Party concerned disagrees with the decision of the Government, May 30th after receiving notification of the decision in the Court.
Ownership and use of land before the disputes, any party may change land use.
17th General Chapter land use planning at all levels shall be based on the national economic and social development planning, land management and environmental protection requirements, land supply, and the demand for building land, organization of general land use planning.
General plans for land use planning periods stipulated by the State Council.
Article 18th child overall land-use planning should be based on the level of general land use planning.
Prepared by the local people's Governments at all levels in land-use planning construction land no more than general land use planning control targets set in at a higher level, amount of cultivated land use defined in the General plan shall not be lower than previous level control.
The people's Governments of provinces, autonomous regions and municipalities of general land use planning should ensure that this does not reduce the total cultivated land in the administrative area.
19th overall land use planning in accordance with the following principles: (a) strictly protect the basic farmland and control non-agricultural occupation of agricultural land, (ii) improve the utilization rate of land and (iii) integrated, regional land use; (d) to protect and improve the ecological environment to ensure sustainable use of land, (v) land reclamation and development phase equilibrium of cultivated land.
20th General plans for land use at county level should define the areas, land use.
The township (town) land use plan should define the area under the land use conditions, determine the use of each piece of land, and make an announcement.
Article 21st grading of land use plan for approval.
Provinces, autonomous regions and municipalities directly under the General land use plan, approved by the State Council. Where the people's Governments of provinces, autonomous regions, municipalities and a population of over 1 million more than the city and the State Council designated urban land-use planning, after the approval by the people's Governments of provinces, autonomous regions, and the State Council for approval.

The second paragraph of this article, other than those provided for in the third paragraph of general land use planning and escalation approval of the people's Governments of provinces, autonomous regions and municipalities, in which the township (town) of general land use planning can be authorized by provincial districts, autonomous region people's Government for approval.
Land use plan, once approved, must be strictly enforced.
22nd urban construction land use should be consistent with the State standards, making full use of existing construction land, not accounted for or less agricultural land.
Urban planning, village or town planning should be dovetailed with the overall land-use planning, urban planning, village or town planning, construction and size of not more than of land use defined in the General Plan of urban construction land, market towns and villages.
In cities, villages and towns within the area in the planning area, cities, market towns and villages of construction land shall comply with urban planning, village and town planning. 23rd comprehensive control and development planning in rivers and Lakes should be dovetailed with the overall land-use planning.
River, Lake, reservoir management and within the scope of protection and flood storage and detention basin, land use shall conform to the comprehensive treatment of river, Lake and development planning, in line with the rivers, lakes and flood, flood and water requirements.
24th people's Governments at various levels shall strengthen the management of land-use planning, the implementation of construction land total control. Annual plan of land utilization, according to the national economic and social development plan, the national industrial policy, land use planning and preparation of the actual condition of building and land use.
Annual land use planning and approval procedures with the same overall land-use planning and approval procedures, issued upon approval, must be strictly enforced.
25th of provinces, autonomous regions and municipalities should be the implementation of the annual plan as national economic and social development plan implementation, and to report to the national people's Congress at the same level.
26th approved land use plan amendment subject to approval by the original organ without approval, no change of land use defined in the General plan land use.
Approved by the State Council of major energy, transportation, water conservancy and other infrastructure sites need to change land use planning, according to the State Department's approval to modify the land use plan.
Approved by the people's Governments of provinces, autonomous regions and municipalities of energy, transportation, water conservancy and other infrastructure, we need to change land use planning, which belongs to the General land use plan is approved under the authority of the people's Government at the provincial level, according to the provincial government's approval to modify the land use plan.
27th the State fosters land survey system. Land administrative departments of the people's Governments above the county level shall, in conjunction with the departments concerned at the land survey.
Land owners and users shall cooperate with the investigation, and provide relevant information.
28th land administrative departments of the people's Governments above the county level shall, in conjunction with the departments concerned at the land survey, land-use planning and national development of uniform standards, assessment of land.
29th State establishes the land statistical system. People's Governments above the county level administrative departments and statistical survey of departments, has developed programmes at the same level, according to the statistics, regularly published statistics on land.
Land owners and users should be provided with relevant information, not false, conceal, refusing or delaying to report.
The land Administrative Department and statistics departments jointly issued a total land area of statistical information is the basis for all levels of people's Governments of general land use planning.
30th State to establish a national land management information system for dynamic monitoring of land use.
Cultivated land protection in the fourth chapter article 31st State protects the cultivated land and strictly controls the conversion to non-agricultural land. Country land compensation system.
Approved non-agricultural construction land, according to the "how much, Ken" principle, by units of the land reclamation and land occupied by the number and quality of cultivated land without conditions, reclamation or reclamation of arable land does not meet the requirements, shall be paid in accordance with the provisions of the provinces, autonomous regions and municipalities directly under the farmland reclamation fee Fund used to clear new land.
Governments of provinces, autonomous regions and municipalities should develop a land reclamation plan, monitoring units in accordance with the plan of the land reclamation of cultivated land or according to plan and organize the reclamation of cultivated land, and acceptance.
32nd of cultivated land occupied by local people's Governments at or above the county level may require the plough layer soil of cultivated land occupied by the unit will be used for the new reclamation of cultivated land, arable land or other poor quality soil improvement. 33rd of provinces, autonomous regions and municipalities should strictly enforce the annual land-use planning and land-use plans, to take measures to ensure that this does not reduce the total cultivated land in the administrative area; reduce the total cultivated land, in the order prescribed by the State Council organization opened up commensurate with the reduction of cultivated land quantity and quality of the land, and the land administrative departments of the State Council in conjunction with the competent administrative Department of agriculture.
Individual provinces and municipalities due to scarcity of land resources, after the added construction land, new reclamation of cultivated land quantity is insufficient to compensate for the amount of land occupied, must be reported to the State Council approved the relief number of reclamation of cultivated land within their respective administrative areas, easily reclaimed. 34th State applies the basic farmland protection system.
Following arable land should according to land using general planning designated into basic farmland reserves, strictly management: (a) by State about competent sector or County above place Government approved determine of grain, and cotton, and oil production base within of arable land; (ii) has good of water and soil and water conservation facilities of arable land, is implementation transformation plans and can transformation of in the, and field; (three) vegetables production base; (four) agricultural research, and teaching plots;
(E) the provisions of the State Council shall be designated as basic farmland protection in other arable land.
All provinces, autonomous regions and municipalities designated basic farmland should account for more than 80% of cultivated land within their respective administrative areas.
Basic farmland conservation area of township (town) in units of area delimitation, land administrative departments of people's Governments at the county level in conjunction with the departments of agriculture administration organizations.
35th people's Governments at various levels shall take measures to maintain the irrigation and drainage facilities, improve the soil, improve soil fertility, prevent land desertification, salinization, soil erosion, and pollution.
Article 36th non-agricultural construction land sparingly, can be used, not land; you can use bad land, shall not be occupied well.
Forbidden to build kilns, graves built of cultivated land occupied or on farmland without permission building, sand-digging and quarrying, mining, soil, etc.
Forbidden to occupy basic farmland to develop horticulture and dig fish ponds. 37th and no unit or individual is idle, barren land. Has handle approval procedures of non-agricultural construction occupied arable land, one years within without and and can farming and harvest of, should by original farming the site arable land of collective or personal recovery farming, also can by with to units organization farming; one years above not started construction of, should according to province, and autonomous regions, and municipalities of provides paid idle fee; continuous two years not using of, by original approved organ approved, by County above Government free recovered with to units of land right; the site land original for farmers collective of,
Original rural collective economic organizations shall be handed over to resume farming.
In the urban planning region, to transferring acquired land for real estate development of idle lands, in accordance with the People's Republic of China on urban real estate administration law regulations.
Units or individuals contracted farmland land is barren two years in a row, the out-contracting units shall terminate the contract, to recover the employer's land.
38th State shall encourage units and individuals in accordance with land-use planning, in protecting and improving the ecological environment, prevent soil erosion and land desertification under development of unused land; suitable for agricultural land, priority should be developed into agricultural land.
State shall protect the lawful rights and interests of developers. 39th reclaiming unused land must undergo scientific demonstration and evaluation, delineation of land use plan of the arable area, after it has been approved according to law.
Reclamation of cultivated land forbidden to destroy forests and grassland, prohibition of the lakes and river bottomland of embezzlement.
According to the land use plan, the damage to the ecological environment, reclamation of land reclamation, a planned step by returning farmland to forests, grazing, or Lake.
40th development did not determine the use right of State-owned barren hills, wasteland, wasteland for farming, forestry, animal husbandry and fishery production, approved by the people's Governments above the county level in accordance with law, you can be sure to develop long-term use of units or individuals. 41st national encouraged land consolidation.
County and township (town) people's Governments shall organize the rural collective economic organizations, in accordance with the land use plan, fields, comprehensive treatment of water, roads, forests, fishing, improve quality, increase effective land, improve agricultural production conditions and ecological environment.
Local people's Governments at various levels shall take measures to reform medium and low yield field, renovating the idle land and wasteland. 42nd due to excavation, land destruction caused by collapse, piled up, land reclaimed by units or individuals should be responsible in accordance with the relevant provisions of the State without conditions, reclamation or reclamation does not meet the requirements, shall pay a fee for land reclamation, for use in land reclamation.
Reclamation of land shall be used in agriculture.
Fifth chapter building construction with the 43rd article of any units or individuals, you need to use land, must apply for the use of State-owned land, but to set up township enterprises and villagers build dwellings in accordance with law approved the use of the collective economic organization of rural collective land, or townships (towns), public facilities and public welfare undertakings approved by the law except for land use land collectively owned by peasants.
Referred to in the preceding paragraph shall apply to the use of State-owned land, including State-owned land and expropriated by the State of land originally owned by peasant collectives.
44th construction land, involving conversion of agricultural land, should go through the farmland and approval procedures. Approval of the people's Governments of provinces, autonomous regions and municipalities by roads, pipelines and large infrastructure construction projects, the State Council approved the construction project land, involving conversion of agricultural land for construction, approved by the State Council.

Land use defined in the General Plan of the city and construction of villages and market towns within the land, for the implementation of the plan and the conversion of agricultural land for construction, according to the annual plan of land utilization in batches from the original approval authority of general land use planning.
Within the scope of the approved farmland, construction project can be approved by the city and county governments.
Other than the provisions of the second paragraph of this article, third paragraph construction project land, involving conversion of agricultural land for construction, and approved by the people's Governments of provinces, autonomous regions and municipalities.
Section 45th following land, approved by the State Council: (a) the basic farmland, (ii) more than 35 hectares of cultivated land, other than farmland, (c) more than 70 hectares of other land.
Collection of lands other than those stipulated in the preceding paragraph, approved by the people's Governments of provinces, autonomous regions and municipalities, and submitted to the State Council for the record. Collection of agricultural land shall be in accordance with the provisions of this law article 44th advance approval for farmland.
One, approved by the State Council of farmland, while for the requisition approval procedures without further approval for land acquisition; by provinces, autonomous regions and municipalities in approving ratification of farmland of land expropriation and requisition approval formalities and without further approval for land acquisition, over land requisition approval shall be in accordance with the provisions of the first paragraph of this article further approval for land acquisition. 46th State land, and after approval in accordance with legal procedures, organized by the local people's Governments at or above the county level shall be announced and implemented.
Ownership of the land expropriated persons, right to person shall within the period specified in the announcement, certificate of land ownership to the land administrative departments of local people's Governments for compensation registration.
47th in expropriating land, in accordance with the original use of the expropriated land compensation. Levying land compensation including compensation, resettlement and compensation for ground attachments and green crops. The land compensation fees are levied, for the land is imposed three-year average annual output value of the six to 10 times. Levying land resettlement, calculated according to the agricultural population in need of resettlement. Agricultural population in need of rehousing, are levied in accordance with the amount of farmland land expropriation was imposed before the average person occupies a land divided by the number of calculations. Each standard requires placement of the agricultural population of resettlement, the cultivated land was for the first three years the average annual output value of four to six times.
However, is levied per hectare of cultivated land resettlement shall not be levied more than three years with the highest average annual output value of 15 times.
Other standards for land compensation and resettlement fees, collected by the provinces, autonomous regions and municipalities in reference to the land compensation and resettlement standards.
Attachments and green crops on the expropriated land compensation standards prescribed by the provinces, autonomous regions and municipalities directly under the.
Is imposed by the vegetable plot on the outskirts of the city, land should pay new vegetable field development and construction fund in accordance with the relevant provisions of the State. In accordance with the second paragraph of this article provides for the payment of land compensation and resettlement fees are not be resettled farmers to maintain their living standards, approved by the people's Governments of provinces, autonomous regions and municipalities, to increase resettlement.
However, the compensation shall not exceed the sum of land and resettlement is imposed three years before, the average annual output value of 30 times.
According to the social and economic development of the State Council, in exceptional cases, can increase the cultivated land is imposed by the standards for land compensation and resettlement fees.
48th after land requisition compensation and resettlement programmes, relevant local people's Governments shall be publicly announced and listen to views of the rural collective economic organizations and peasants expropriated.
49th landless rural collective economic organizations should be in expropriating land compensation payments announced to the members of the collective economic organizations, and accept their supervision.
Forbidden to embezzle or land units of land compensation fees and other related expenses.
50th approach toward the local people's Governments at various levels should support rural collective economic organizations and peasants in their development and operation, starting up enterprises.
51st medium and large water conservancy and hydroelectric engineering construction compensation standard of land and resettlement schemes, shall be separately formulated by the State Council.
When the 52nd Strip construction project feasibility study, land administrative departments according to comprehensive land use planning, land-use planning and construction land standards, conduct a review of matters related to construction land, and comments.
53rd approved construction projects require the use of State-owned land for construction, the construction unit shall take the relevant documents stipulated by laws, administrative regulations, and to the people's Governments above the county level have the right to approve the land Administrative Department in charge of land application, review by the Department of land administration, the people's Governments at the corresponding level for approval.
54th article units using state-owned land, should to transfer, paid using way made; but, following construction with to, by County above government law approved, can to allocated way made: (a) State with to and military with to; (ii) City based facilities with to and public career with to; (three) national focus support of energy, and traffic, and water, based facilities with to; (four) legal, and administrative regulations provides of other with to.
55th paid leasing used to obtain the unit of State-owned land, in accordance with the standards and practices established by the State Council, paid land use right transfer fees and other land use fees and other expenses, the parties have access to land.
From the date of implementation of this law, new construction of land use fees paid, 30% turned over to the Central Treasury, 70% left to the local people's Governments, all earmarked for land development. 56th units use State-owned land shall be in accordance with the contract of assignment of the right to compensation for the use of land agreement or allocation of the land provisions of the ratified document to use land is absolutely necessary to change the site-building purposes, should be agreed by the land administrative departments of the people's Government, reported to the original approval for the use of people's Government.
Among them, the change of land use in the urban planning area, prior to the approval, must first be approved by the relevant Administrative Department for urban planning. 57th construction projects construction and geological exploration requires temporary use of State-owned land or farmers of collectively-owned land, land administrative departments of the people's Governments above the county level for approval. Among them, in the urban planning area of temporary land, prior to the approval, must first be approved by the relevant Administrative Department for urban planning.
Land users should be based on land ownership, with the land administrative departments or rural collective economic organizations, the villagers ' Committee signed a contract for the temporary use of land, and pay compensation for the temporary use of land in accordance with the terms of the contract. Users of the temporary use of land should be in accordance with the contracted use of land use the land for temporary use, and may not build permanent structures.
The temporary use of land in General, the term not exceeding two years.
58th article has following case one of of, by about Government land administrative competent sector reported by original approved with to of Government or has batch Huai right of Government approved, can recovered state-owned land right: (a) for public interests need using land of; (ii) for implementation city planning for old city alterations, need adjustment using land of; (King) land transfer, paid using contract agreed of using term expires, land using who not application continued period or application continued period not was approved of;
(D) due to reasons such as cancellation or removal, stop using the original transfer of State-owned land, and (e) roads, railways, airports, mines have been approved to be abandoned.
In accordance with the preceding paragraph (a), (b) provides for the recovery of State-owned land use rights, land should be given adequate compensation.
59th article township enterprises, and Xiang (town) village public facilities, and public career, and rural villagers residential, Xiang (town) village construction, should according to village and town planning, reasonable layout, development, supporting construction; construction with to, should meet Xiang (town) land using general planning and land using annual plans, and in accordance with this method 44th article, and 60th article, and 61st article, and 62nd article of provides handle approval procedures. 60th article rural collective organization using Xiang (town) land using general planning determine of construction with to set up enterprise or and other units, and personal to land right shares, and Associates, form common held enterprise of, should holding about approved file, to County above place Government land administrative competent sector proposed application, according to province, and autonomous regions, and municipalities provides of approved permission, by County above place Government batch Huai; which, involved occupied agricultural to of,
Approval formalities in accordance with the provisions of this law article 44th. In accordance with the provisions of the preceding paragraph entrepreneurial land must be strictly controlled.
Provinces, autonomous regions and municipalities in accordance with township enterprises of different industries and business scale, respectively with the standard.
61st article Xiang (town) village public facilities, and public career construction, need using land of, by Xiang (town) Government audit, to County above place Government land administrative competent sector proposed application, according to province, and autonomous regions, and municipalities provides of approved permission, by County above place Government approved; which, involved occupied agricultural to of, in accordance with this method 44th article of provides handle approval procedures.
62nd one rural household can own a House, the Homestead area shall not exceed the provinces, autonomous regions and municipalities directly under the standards.
Construction of rural housing, shall comply with the township (town) land-use planning, and to make full use of the homestead and village free.
Rural residential land, by the township (town) people's government auditing, approved by the people's Governments at the county level, in which the occupation of agricultural land involved, shall be handled in accordance with the 44th and approval procedures.
After selling or leasing houses in rural areas, application for housing shall not be approved.
63rd farmers ' collective use of land shall not be sold, transferred or leased for non-agricultural construction, but consistent with the land use plan and shall obtain land for construction enterprise, due to bankruptcies, mergers and other circumstance except for the transfer of land use right according to law. 64th in the overall land use planning before the construction of incompatible land use defined in the General Plan of the use of buildings or structures shall not be replaced or expanded.

65th under any of the following circumstances, reported by the original land of rural collective economic organizations for approval, you can recover the land: (a) for the township (town) village, construction of public facilities and public welfare undertakings, need to use the land, (ii) is not used according to the approved uses of the land, (iii) land not used due to reasons such as cancellation or removal.
In accordance with the preceding paragraph (a) of collectively owned by peasants to land resumption, the land should pay appropriate compensation.
Sixth chapter supervision 66th land administrative departments of the people's Governments above the county level shall violate land management laws and regulations conduct supervision and inspection.
Land management supervisors and inspectors shall be familiar with the laws and regulations on land management, loyalty and justice.
67th article County above government land administrative competent sector perform supervision check duties Shi, right to take following measures: (a) requirements was check of units or personal provides about land right of file and information, for check out or be copy; (ii) requirements was check of units or personal on about land right of problem made description; (three) into was check units or personal illegal occupied of land site for survey;
(D) order the illegal occupation of land units or individuals to stop acts of violating the land administrative law and decrees.
68th land management supervisors and inspectors carry out their duties, need access to the site to carry out investigation, demand units or individuals to provide documents, information and instructions shall present land management supervision and inspection documents.
69th relevant units and individuals to the land administrative departments of people's Governments at above county level shall conduct supervision and inspection on land violations should support and cooperate with and provide convenience for work shall not be refused and hinder land management personnel from performing their duties of supervision and inspection.
70th land administrative departments of people's Governments at or above the county level shall supervise and inspect the work of national staff is found in violation, shall be given administrative punishments according to law, should be dealt with according to law; one has no right shall be made to or by the people's Governments at the same level of administrative sanction proposals to the administrative supervisory organs, relevant administrative supervisory organs shall be dealt with according to law.
71st land administrative departments of people's Governments at or above the county level shall supervise and inspect the work found in the land of illegal act constitutes a crime, shall refer the case to the relevant authorities, criminal responsibility shall be investigated according to law; do not constitute a crime, shall be given an administrative penalty.
72nd in accordance with the provisions of this law shall be given administrative punishment, and the land administrative departments administrative penalties not, superior land administrative departments of the people's Government has the right to order the land administrative departments administrative punishment decision directly or given administrative punishment, and given to the land administrative departments in charge of administrative sanctions. Seventh chapter legal responsibility 73rd article sale or to other form illegal transfer land of, by County above government land administrative competent sector confiscated illegal proceeds; on violation land using general planning unauthorized will agricultural to to construction with to of, deadline demolition in illegal transfer of land Shang new of buildings and other facilities, recovery land undisturbed, on meet land using general planning of, confiscated in illegal transfer of land Shang new of buildings and other facilities; can and at fine
; Directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
74th article violation this method provides, occupied arable land built kiln, and built graves or unauthorized in arable land Shang building, and dug sand, and quarrying, and mining, and take soil,, damage planting conditions of, or for development land caused land desert of, and salinization of, by County above government land administrative competent sector ordered deadline corrected or governance, can and at fine; constitute crime of, law held criminal.
75th in violation of the provisions of this law, to refuse to perform the obligation of land reclamation, land administrative departments of the people's Governments above the county level rectification; fails to make corrections, shall be ordered to pay a reclamation fee, for use in land reclamation, can impose a fine. 76th article without approved or take cheat means cheat approved, illegal occupied land of, by County above government land administrative competent sector ordered returned illegal occupied of land, on violation land using general planning unauthorized will agricultural to to construction with to of, deadline demolition in illegal occupied of land Shang new of buildings and other facilities, recovery land undisturbed, on meet land using general planning of, confiscated in illegal occupied of land Shang new of buildings and other facilities, can and at fine
; Directly responsible for illegal occupation of land units in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
Above the permitted number of occupied land, occupation of land be punished as illegal occupation of land.
77th villagers without approval or deceit in obtaining approval, illegal occupation of land for housing, land administrative departments of the people's Governments above the county level shall order the return of illegally occupied land, dismantle new houses on illegally occupied land.
Exceed the provinces, autonomous regions and municipalities directly under the standards, occupation of land be punished as illegal occupation of land. 78th to approve expropriation and land-use units or individuals illegally approving land, beyond the approved illegal approval of land, not in accordance with the approval of the land use plan for the purposes identified by, or in violation of the law of the land process approval, the approval file is not valid, for illegally approving expropriation. Land use managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
Illegal land back its ratification, and the parties concerned refused to return, be punished as illegal occupation of land.
Allow collection, use the land illegally on client losses caused, shall bear the liability for damages.
79th to embezzle the land expropriated the land compensation fees and other related costs, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
80th parties to a resumption of State-owned land use right according to law of refusing to hand over land, refuses to return the expiry of the temporary use of land, or not in accordance with the approved use of State-owned land, the land administrative departments of people's Governments at above county level shall order return of land, impose a fine.
81st depositing of rural collective land use right transfer, transferred or leased for non-agricultural construction, the land administrative departments of people's Governments at above county level shall order correction within, confiscate the illegal income, and fined.
82nd article of land registration in accordance with the provisions of this law, the land administrative departments of people's Governments at above county level shall order its deadline to handle. 83rd article in accordance with the provisions of this law, ordered to dismantle the illegal occupation of land, new buildings and other facilities, the unit or individual must immediately stop construction, removal of; to continue construction, made the decision of the authorities to stop.
The unit or individual refuses to accept the decision on administrative penalty to ordered to dismantle, 15th days after receiving the ordered demolition decisions, to the courts; expiration not to prosecute and not to remove, by making the decision authority shall apply to the people's Court for compulsory execution, the cost borne by the offender.
84th land administrative departments of dereliction of duty, abuse of power, favoritism and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
Eighth chapter supplementary articles article 85th Sino-foreign joint venture enterprises, Sino-foreign joint ventures and foreign-capital enterprise uses land, this law applies to law otherwise provides, from its provisions.
86th article this law shall enter into force on January 1, 1999.
Attached: criminal about provisions No. 228 article to profit for purpose, violation land management regulations, illegal transfer, and reselling land right, plot serious of, at three years following shall be sentenced to or criminal detention, and at or single at illegal transfer, and reselling land right price amount 5% above 20% following fine; plot special serious of, at three years above seven years following shall be sentenced to, and at illegal transfer, and reselling land right price amount 5% above 20% following fine.
Section No. 342 violations of regulations on land management, illegal occupation of farmland for other purposes, and larger numbers, resulting in a large area of destruction, to five years ' imprisonment or criminal detention, or be fined. No. 410 State organ functionary, violations of regulations on land management, abuse of authority, approval of the illegal requisition and occupation of land, illegal cheap State-owned land use right or, in serious cases, to three years ' imprisonment or criminal detention caused great losses to the country or the collective, be sentenced to imprisonment between three to seven years.