BIZCHINA / Land Resources

Land Administration Law of the People's Republic of China

Updated: 2006-05-08 11:18

The overall plans for land utilization drawn up by cities, where people's governments of provinces or autonomous regions are located and where the population is over one million, and cities earmarked by the State Council shall be examined for consent by people's governments of the provinces or autonomous regions, before they are submitted to the State Council for approval.

The overall plans for land utilization other than the ones mentioned in the second and third paragraph of this Article shall be submitted for approval level by level up to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Among these, the ones drawn up by townships (towns) may be submitted for approval to the people's governments of the cities that are divided into districts and of the autonomous prefectures as authorized by people's governments at the provincial level.

Once an overall plan for land utilization is approved, it shall be strictly carried out.

Article 22 The amount of land to be used for urban construction shall conform to the norm set by State regulations. Attention shall be paid to making full use of the existing land for construction and using little or no land for agriculture.

The overall plans of cities and the plans of villages and towns shall be dovetailed with the overall plan for land utilization, and the amount of land to be used for construction fixed in the former shall not exceed the amount fixed in the latter for the cities, villages and towns.

In the areas covered by the plans of cities, villages and towns, the amount of land to be used for construction shall conform to the amount as is fixed in such plans.

Article 23 Plans for all-round harnessing of rivers and lades and for their development and utilization shall be dovetailed with the overall plan for land utilization. Within the areas of the rivers, lakes and reservoirs under control and protection and the areas for flood storage or detention, land shall be used in conformity with the plan for all-round harnessing of rivers and lakes and for their development and utilization and with the requirements of flood diversion and storage and water transmission from the rivers and lakes.

Article 24 People's governments at all levels shall exercise close supervision over the plans for land utilization and keep control over the total amount of land used for construction.

The annual plans for land utilization shall be drawn up in accordance with the plan for national economic and social development, the industrial policies of the State, the overall plan for land utilization and the actual conditions of land used for construction and land utilized. The procedure for examination and approval of annual plans for land utilization is the same as that for overall plans for land utilization. Once the annual plans for land utilization are approved, they shall be strictly carried out.

Article 25 People's governments of provinces; autonomous regions and municipalities directly under the Central Government shall include the implementation of the annual plans for land utilization in their report on the implementation of the plan for national economic and social development to be delivered to the people's congresses at the corresponding level.

Article 26 Any revision of an approved overall plan for land utilization shall be subject to approval by the organ that originally approved the plan; without such approval, no change may be made in the purposes of land use as prescribed in the overall plan for land utilization.

Where a change needs to be made in an overall plan for land utilization to meet the demand of land for the construction of such large infrastructure projects as energy, communications or water conservancy projects that have been approved by the State Council, it shall be made in accordance with the document of approval issued by the State Council.

Where a change needs to be made in an overall plan for land utilization to meet the demand of land for the construction of such infrastructure projects as energy, communications or water conservancy projects that have been approved by people's governments of provinces, autonomous regions or municipalities directly under the Central Government and the plan is under the approval authority of a people's government at the provincial level, the change shall be made in accordance with the document of approval issued by such government.

Article 27 The State shall establish a land survey system.Land administration departments of people's governments at or above the county level shall, together with the departments concerned at the same level, conduct land survey. Landowners and users shall cooperate in the work and provide relevant materials.

Article 28 Land administration departments of people's governments at or above the county level shall, together with the departments concerned at the same level, grade land on the basis of the result of land survey, the planned purposes for the use of land and the uniform standard formulated by the State.

Article 29 The State shall establish a land statistics system.Land administration departments and statistics departments of people's governments at or above the county level shall work together to draw up plans for statistics and survey, lawfully prepare land statistics, and publish materials of land statistics at regular intervals. Landowners and users shall provide relevant materials without fabrication, deception, refusal or delay.

Statistics of the areas of land published jointly by land administration departments and statistics departments shall provide the basis for overall plans for land utilization to be drawn up by people's governments at all levels.

Article 30 The State shall establish a national land administration information network to monitor developments in land utilization.

Chapter IV Protection of Cultivated Land


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