BIZCHINA / Land Resources

Land Administration Law of the People's Republic of China

Updated: 2006-05-08 11:18

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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