Land for agriculture shall be requisitioned after conversion of use of the
land is examined and approved in accordance with the provisions of Article 44 of
this Law. Where conversion of use of such land is subject to approval by the
State Council, requisition of the land shall be examined and approved at the
same time, and there is no need to go through the formalities of examination and
approval for the requisition separately. Where conversion of use of land is
subject to approval by people's governments of provinces, autonomous regions and
municipalities directly under the Central Government within the limits of their
approval authority over the requisition of land, requisition of the land shall
be examined and approved at the same time, and there is no need to go through
the formalities of examination and approval for the requisition separately; if
the land to be requisitioned is beyond the limits of their approval authority,
it shall be examined and approved separately in accordance with the provisions
of the first paragraph of this Article.
Article 46 Where land is to be requisitioned by the State, the requisition
shall, after approval is obtained through legal procedure, be announced by
people's governments at or above the county level, which shall help execute the
requisition.
Units and individuals that own or have the right to the use of the land under
requisition shall, within the time limit fixed in the announcement, register for
compensation with the land administration department of the local people's
government by presenting their certificates of land ownership or land-use
right.
Article 47 Land requisitioned shall be compensated for on the basis of its
original purpose of use.
Compensation for requisitioned cultivated land shall include compensation for
land, resettlement subsidies and attachments and young crops on the
requisitioned land. Compensation for requisition of cultivated land shall be six
to ten times the average annual output value of the requisitioned land for three
years preceding such requisition. Resettlement subsidies for requisition of
cultivated land shall be calculated according to the agricultural population
needing to be resettled. The agricultural population needing to be resettled
shall be calculated by dividing the amount of requisitioned cultivated land by
the average amount of the original cultivated land per person of the unit the
land of which is requisitioned. The standard resettlement subsidies to be
divided among members of the agricultural population needing resettlement shall
be four to six times the average annual output value of the requisitioned
cultivated land for three years preceding such requisition. However, the highest
resettlement subsidies for each hectare of the requisitioned cultivated land
shall not exceed fifteen times its average annual output value for the three
years preceding such requisition.
Standards of land compensation and resettlement subsidies for requisition of
other types of land shall be prescribed by provinces, autonomous regions and
municipalities directly under the Central Government with reference to the
standards of compensation and resettlement subsidies for requisition of
cultivated land.
Standards for compensation for attachments and young crops on the
requisitioned land shall be prescribed by provinces, autonomous regions and
municipalities directly under the Central Government.
For requisition of vegetable plots in city suburbs, the land users shall pay
towards a development and construction fund for new vegetable plots in
accordance with the relevant regulations of the State.
If land compensation and resettlement subsidies paid in accordance with the
provisions of the second paragraph of this Article are still insufficient to
help the peasants needing resettlement to maintain their original living
standards, the resettlement subsidies may be increased upon approval by people's
governments of provinces, autonomous regions and municipalities directly under
the Central Government. However, the total land compensation and resettlement
subsidies shall not exceed 30 times the average annual output value of the
requisitioned land for the three years preceding such requisition.
The State Council may, in light of the level of social and economic
development and under special circumstances, raise the standards of land
compensation and resettlement subsidies for requisition of cultivated land.
Article 48 Once a plan for compensation and resettlement subsidies for
requisitioned land is decided on, the local people's government concerned shall
make it known to the general public and solicit comments and suggestions from
the collective economic organizations, the land of which is requisitioned, and
the peasants.
Article 49 The rural collective economic organization, the land of which is
requisitioned, shall accept supervision by making known to its members the
income and expenses of the compensation received for land requisition.
The compensation and other charges paid to the unit for its land
requisitioned is forbidden to be embezzled or misappropriated.
Article 50 Local people's governments at all levels shall support the rural
collective economic organizations, the land of which is requisitioned, and the
peasants in their efforts to engage in development or business operation or to
start enterprises.
Article 51 The standard of compensation for requisition of land to build
large or medium-sized water conservancy or hydroelectric projects and the
measures for resettling relocated people shall be prescribed separately by the
State Council.
Article 52 During the feasibility study of a construction project, land
administration department may, in accordance with the overall plan for land
utilization, the annual plan for land utilization and the standard amount of
land for the use of construction, examine the matters related to land for
construction and offer its comments and suggestions.
Article 53 Where a construction unit needs to use State-owned land for
construction of its approved projects, it shall apply to the land administration
department of the people's government at or above the county level that has the
approval authority by presenting the relevant documents as required by laws and
regulations. The said department shall examine the application before submitting
it to the people's government at the corresponding level for approval.
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