(1) for State organs or military purposes;

(2) for urban infrastructure projects or public welfare undertakings;

(3) for major energy, communications, water conservancy and other infrastructure projects supported by the State; and

(4) other purposes as provided for by laws or administrative regulations.

Article 55 A construction unit that obtains right to the use of State-owned land by such means of compensation as assignment shall, in keeping with the standards and measures prescribed by the State Council, pay among other charges compensation for use of land such as charges for the assignment of land-use right, before if can use the land.

As of the date of implementation of this Law, 30 percent of the compensation paid for the use of additional land for construction shall go to the Central Government and 70 percent to the local people's governments concerned, both of which shall exclusively be used for developing cultivated land.

Article 56 A construction unit that uses State-owned land shall use the land in agreement with the stipulations of the contract governing compensation for the use of land such as the assignment of the land-use right or the provisions in the documents of approval for allocation of the land-use right. Where it is definitely necessary to change the purposes of construction on this land, the matter shall be subject to agreement by the land administration department of the people's government concerned and be submitted for approval to the people's government that originally approved the use of land. Where the land the purposes of use of which need to be changed is located in the area under urban planning, the matter shall be subject to agreement by the urban planning administration department concerned before it is submitted for approval.

Article 57 Where land owned by the State or by peasant collectives needs to be used temporarily for construction of projects or for geologic prospecting, the matter shall be subject to approval by the land administration departments of people's governments at or above the county level. However, if the land to be temporarily used is located in the area covered by urban planning, the matter shall be subject to agreement by the urban planning administration department concerned before it is submitted for approval. The land user shall, depending on who owns the land and who has the land-use right, enter into a contract for the temporary use of the land with the land administration department concerned, or the rural collective economic organization, or the villagers committee and pay compensation for it in accordance with the provisions of the contract.

The temporary land user shall use the land for purposes stipulated in the contract for temporary use of the land and may not build permanent structures on it.

Generally, the period for temporary use of land shall not exceed two years.

Article 58 Under any of the following circumstances, the land administration department of the people's government concerned may, with the approval of the people's government that has originally approved the use of land or that possesses the approval authority, take back the right to the use of the State-owned land:

(1) The land is needed for the benefits of the public;

(2) The use of the land needs to be readjusted for renovating the old urban area according to urban planning;

(3) At the expiration of the period stipulated in the contract for use of the land by such means of compensation as land assignment, the land user has not applied for extending the period or, if he has applied for such extension, the application is not approved;

(4) The use of the originally allocated State-owned land is terminated because, among other things, the unit that uses the land is dissolved or moved away; or

(5) The highways, railways, airports or ore fields are abandoned with approval.

The user granted with the land-use right shall be compensated appropriately when its right to the use of State-owned land is taken back according to the provisions of sub-paragraphs (1) and (2) in the preceding paragraph.

Article 59 Township and town enterprises, public utilities and public welfare undertakings of townships (towns) and villages, villager's residences, etc. Shall be built in accordance with the planning of the villages and towns and the principles of rational geographical distribution, comprehensive development and completeness. Land to be used for such construction shall be in keeping with the overall plan and annual plan for land utilization of the townships (towns) and shall be subject to examination and approval in accordance with the provisions of Articles 44, 60, 61 and 62 of this Law.

Article 60 A rural collective economic organization that wishes to use land for construction, designated as such in the township (town) overall plan for land utilization to set up enterprises or do so with other units or individuals by way of investing its land-use right as shares or through joint operation shall, by presenting the relevant documents of approval, submit an application to the land administration department of the local people's government at or above the county level, and the matter shall be subject to approval by the local people's government at or above the county level within the limits of approval authority as defined by the province, autonomous region or municipality directly under the Central Government. However, if land for agriculture is to be used for the purpose, the matter shall be subject to examination and approval in accordance with the provisions of Article 44 of this Law.

Land to be used for setting up enterprises in accordance with the provisions in the preceding paragraph shall be kept under strict control. Provinces, autonomous regions and municipalities directly under the Central Government may, in light of the different industries pursued by township or town enterprises and their scale of operation, establish different standards accordingly.

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