BIZCHINA / Land Resources

Land Administration Law of the People's Republic of China

Updated: 2006-05-08 11:18

Article 81 Where units or individuals assign, transfer or lease, without authorization, the right to the use of land owned by peasant collectives for construction of non-agricultural projects, the land administration departments of the people's governments at or above the county level shall order them to set it right within a time limit, confiscate their illegal gains and impose a fine on them.

Article 82 Units or individuals that, in violation of the provisions of this Law, fail to register changes in land ownership, land-use right or the purpose of use of land shall be ordered by the land administration departments of the people's governments at or above the county level to do it within a time limit.

Article 83 Construction units or individuals that are ordered, in accordance with the provisions of this Law, to demolish the structures or other installations built on illegally used land within a time limit shall stop construction immediately and do the demolishing themselves. With regard to the ones that continue to construct, the organ that decides to impose the penalty on them shall have the right to stop them. Where construction units or individuals refuse to accept the administrative penalty decision of demolishing the structures or other installations within a time limit, they may file a suit in a People's Court within 15 days form the date of receiving the decision. If they neither file a suit nor do the demolishing at the expiration of the time limit, the organ that makes the penalty decision shall, in accordance with law, apply to the People's Court for compulsory enforcement, and the expenses entailed shall be borne by the violators.

Article 84 Members of land administration departments who neglect their duty, abuse their power or conduct malpractice for personal gain, if the violations constitute crimes, shall be investigated for criminal responsibility in accordance with law; if the violations are not serious enough to constitute crimes, they shall be given administrative sanctions in accordance with law.

 

Chapter VIII Supplementary Provisions

 

Article 85 This Law shall be applicable to land used by Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises. Where laws provide otherwise, the provisions in such laws shall prevail.

Article 86 This Law shall enter into force as of January 1, 1999.


Appendix: Related articles in the Criminal Law:

Article 228 Illegal transfer or trade of land use right for personal gains in violation of the land administrative law and regulations shall be sentenced to a prison term of less than three years or to forced labor, with a concurrent fine amounting to more than 5% and less than 20% of the proceeds from the illegal transfer or trading whereas the case is serious enough, and whereas the case is very serious, it shall be sentenced to a prison term ranging from more than three years to less than seven years, with a fine ranging from more than 5% to less than 20% of the proceeds from the illegal transfer or trading of the land use right.

Article 342 Illegal turning of cultivated land occupied into other uses in a big amount to cause damages to large tracts of cultivated land in violation of the land administrative law and regulations, a punishment of from less than five years' in prison or forced labor shall be given, together with a fine concurrently or separately.

Article 410 Whereas government functionaries are found to have committed deception or forgery for personal gains in violation of the land administrative law and regulations or have abused their power to illegally approve the requisition of land or under-sell the use right of State-owned land and the cases are serious, a punishment of less than three years in prison or forced labor shall be given; whereas the cases have caused very big losses to the State or collectives, a prison term ranging from more than three years to less than seven years shall be meted out.


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