People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for land reclamation, see that the unit that uses cultivated land reclaims land according to plan or arrange reclamation according to plan, and conduct inspection before acceptance.

Article 32 Local people's governments at or above the county level may require the units that wish to use cultivated land to remove the arable layer of cultivated land to the reclaimed land or to land of inferior quality, or to other cultivated land for improving soil.

Article 33 People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strictly implement the overall plans and annual plans for land utilization and take measures to ensure that the total amount of cultivated land within their administrative areas remains unreduced. Where the total amount of cultivated land is reduced, the State Council shall order the government concerned to reclaim land of the same quality and amount as is reduced within a time limit, and the land administration department together with the agriculture administration department under the State Council shall inspect the land reclaimed before acceptance. Where individual governments of provinces or municipalities directly under the Central Government, for lack of land reserves, cannot reclaim enough land to make up for the cultivated land they used for additional construction projects, they shall apply to the State Council for approval of their reclaiming less or no land within their own administrative areas but of their reclaiming land in other areas.

Article 34 The State applies a system of protection for capital farmland. Cultivated land of the following categories shall be included in the protected capital farmland in accordance with the overall plan for land utilization and be placed under strict control:

(1) cultivated land within bases of grain, cotton and oil crops production, which are designated as such with the approval of the departments concerned under the State Council or of the people's governments at or above the county level;

(2) cultivated land with good irrigation and water and soil conservation facilities as well as medium-and low-yield fields that are under improvement according to plan or that can be improved;

(3) vegetable production bases;

(4) pilot fields for scientific research or teaching of agriculture; and

(5) other cultivated land that should be included in the protected capital farmland according to regulations of the State Council.

The capital farmland designated as such by provinces, autonomous regions and municipalities directly under the Central Government shall account for at least 80 percent of the total cultivated land in their administrative areas respectively.

The area of protected capital farmland shall be demarcated with the township (town) as a unit and such demarcation shall be arranged by the land administration department together with the agriculture administration department of a people's government at the county level.

Article 35 People's governments at all levels shall take measures to protect irrigation and drainage facilities, improve soil, increase soil fertility and prevent desertification, salinization, and soil erosion and contamination.

Article 36 In non-agricultural constructions; attention shall be paid to economizing on the use of land. Where wasteland can be used, no cultivated land may be used; where land of inferior quality can be used, no land of superior quality may be used.

It is forbidden to use cultivated land for building kilns and graves or to build houses, dig sand, quarry, mine or collect earth on or from cultivated land without authorization.

It is forbidden to use capital farmland for planting forest or fruit trees or to turn such land into pond for raising fish.

Article 37 All units and individuals are forbidden to leave cultivated land unused or let it lie waste. Where a stretch of cultivated land, for which the formalities of examination and approval have been gone through for its use for non-agricultural construction projects but which can still be cultivated and yield crops, is not used within one year, its cultivation shall be resumed by the original collectives or individuals or may be arranged by the land user. If construction is not started for over one year, the land user shall, in accordance with the regulations of provinces, autonomous regions and municipalities directly under the Central Government, pay charges for leaving the land unused. If the land is not used for two years running, the people's government at or above the county level shall, with the approval of the original approving organ, take back the users right to the use of the land without compensation. If the said land is originally owned by peasant collectives, it shall be returned to the original collective economic organization of the village to resume cultivation.

Land in the area covered by urban planning, the land-use right of which is assigned for development of real estate, that is left unused shall be dealt with in accordance with the relevant provisions in the Law of the People's Republic of China on the Administration of the Urban Estate.

Where a unit or individual that contracts to operate cultivated land but lets the land lie waste for two years running, the original unit that gives out the contract shall terminate the contract and take back the land under contract.

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