Article 14 Land owned by peasant collectives shall be operated under a
contract by members of the economic organizations of the peasant collectives for
crop cultivation, forestry, animal husbandry or fishery. The duration of such
contract is 30 years. The party that gives out a contract and the party that
undertakes it shall sign a contract in which to stipulate the rights and
obligations of both parties. A peasant who undertakes to operate a piece of land
under a contract shall have the obligation to protect the land and rationally
use it in conformity with the purposes of use provided for in the contract. The
right of a peasant to operate land under a contract shall be protected by
law.
Within the duration of the contract for operation of land, any appropriate
readjustment of the land between individual contractors shall be made with the
agreement of at leas two-thirds of the members of the villagers assembly or of
the representatives of villagers and submitted to the township (town) people's
government and the agriculture administration department of the people's
government of the county for approval.
Article 15 State-owned land may be operated under a contract by units or
individuals for crop cultivation, forestry, animal husbandry or fishery. Land
owned by peasant collectives may be operated for crop cultivation, forestry,
animal husbandry or fishery under a contract by units or individuals that do not
belong to the economic organizations of the said collectives. The party that
gives out a contract and the party that undertakes it shall sign a contract in
which to stipulate the rights and obligations of both parties. The duration of
such contract shall be provided for by the contract. The units or individuals
that contract to operate the land shall have the obligation to protect such land
and make rational use of it in conformity with the purposes of use provided for
in the contract.
Land owned by peasant collectives shall be operated under a contract by units
or individuals that do not belong to the economic organizations of the said
collectives with the agreement of at least two-thirds of the members of the
villagers assembly or of the representatives of villagers and submitted to the
township (town) people's government for approval.
Article 16 Disputes over ownership of land or the right to the use of land
shall be solved through consultation between the parties. If such consultation
fails, they shall be decided by the people's government.
Disputes between units shall be decided by people's governments at or above
the county level. Disputes between individuals or between individuals and units
shall be decided by people's governments at the township level or at or above
the county level.
If a party refuses to accept the decision of the relevant people's
government, it may file a suit in a People's Court within 30 days from the date
of receiving notification of the decision.
Before a dispute over ownership of land or the right to the use of land is
solved, no party may alter the conditions in which the land is being used.
Chapter III Overall Plans for Land Utilization
Article 17 People's governments at all levels shall draw up overall plans for
land utilization on the basis of the requirements of the plans for national
economic and social development, the need for improvement of national land and
for protection of the natural resources and the environment, the capacity of and
supply, and the demand for land by various construction projects.
The duration of an overall plan for land utilization shall be prescribed by
the State Council.
Article 18 The overall plan for land utilization at a lower level shall be
drawn up on the basis of such a plan drawn up at a higher level.
The total amount of land for construction in the overall plan for land
utilization drawn up by local people's governments at different levels shall not
exceed the control norm set in such a plan by the people's government at a
higher level and the amount of cultivated land reserved shall not be smaller
than the control norm set in the overall plan for land utilization of the
people's government at a higher level.
In drawing up their overall plans for land utilization, the people's
governments of provinces, autonomous regions and municipalities directly under
the Central Government shall see that the total amount of the cultivated land
within their administrative areas is not reduced.
Article 19 Overall plans for land utilization shall be drawn up in accordance
with the following principles:
(1) to strictly protect the capital farm land and keep land for agriculture
under control lest it should be occupied and used for non-agricultural
construction;
(2) to increase the land utilization ratio;
(3) to make overall planning for the use of land for different purposes and
in different areas;
(4) to protect and improve ecological environment and guarantee the
sustainable use of land; and
(5) to maintain balance between the amounts of cultivated land used for other
purposes and the amount of land developed and reclaimed.
Article 20 In the overall plans for land utilization at the county level,
land shall be zoned and the purposes of its use defined.
In the overall plans for land utilization at the township (town) level, land
shall be zoned and the purposes of use of each plot defined in light of the
conditions of the land to be used, both of which shall be made known to the
general public.
Article 21 The overall plans for land utilization shall be examined for
approval at different levels.
The overall plans for land utilization drawn up by provinces, autonomous
regions and municipalities directly under the Central Government shall be
submitted to the State Council for approval.
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