BIZCHINA / Land Resources

Land Administration Law of the People's Republic of China

Updated: 2006-05-08 11:18

Article 61 Where land is to be used for the construction of township (town) or village public utilities or public welfare undertakings, the matter shall be subject to examination and verification by the township (town) people's government, which shall submit an application to the land administration department of the local people's government at or above the county level for approval by the said people's government within the limits of approval authority as defined by the province, autonomous region or municipality directly under the Central Government. However, if land for agriculture is to be used for the purpose, the matter shall be subject to examination and approval in accordance with the provisions of Article 44 of this law.

Article 62 For villagers, one household shall have only one house site, the area of which may not exceed the standard set by provinces, autonomous regions and municipalities directly under the Central Government.

Villagers shall build residences in keeping with the township (town) overall plan for land utilization and shall be encouraged to use their original house sites or idle lots in the village.

Land to be used by villagers to build residences shall be subject to examination and verification by the township (town) people's government and approval by the county people's government. However, if land for agriculture is to be used for the purpose, the matter shall be subject to examination and approval in accordance with the provisions of Article 44 of this Law.

Approval for other house sites shall not be granted to villagers who have sold or leased their houses.

Article 63 No right to the use of land owned by peasant collectives may be assigned, transferred or leased for non-agricultural construction, with the exception of enterprises that have lawfully obtained land for construction in conformity with the overall plan for land utilization but have to transfer, according to law, their land-use right because of bankruptcy or merging or for other reasons.

Article 64 No buildings or structures built before the overall plan for land utilization is drawn up and at variance with the purposes defined in such a plan may be rebuilt or expanded.

Article 65 Under and of the following circumstances, a rural collective economic organization may, with the approval of the people's government that originally approved the use of land take back the land-use right:

(1) The land is needed for constructing township (town) or village public utilities or public welfare undertakings;

(2) The land is used at variance with the approved purposes; or

(3) The use of land is terminated because, among other things, the unit concerned is dissolved or moved away.

The user granted with the land-use right shall be compensated appropriately when the land owned by the peasant collective is taken back according to the provisions of subparagraph (1) of the preceding paragraph of this Article.

 

Chapter VI Supervision and Inspection

 

Article 66 Land administration department of the people's government at or above the county level shall supervise over and inspect violations of the laws and regulations governing land administration.

Supervisors over and inspectors of land administration shall be familiar with the laws and regulations governing land administration and they shall be devoted to their duties and enforce laws impartially.

Article 67 In performing their duties of supervision and inspection, members of the land administration departments of the people's governments at or above the county level shall have the right to take the following measures:

(1) to require the unit or individual under inspection to provide documents and materials related to land ownership and land-use right in order to examine them or have them duplicated;

(2) to require the unit or individual under inspection to make explanations on questions concerning land ownership and land-use right:

(3) to enter the very plot of land illegally used by the unit or individual under inspection to conduct survey; and

(4) to order the unit or individual that illegally uses land to stop violation the laws and regulation governing land administration.

Article 68 Where supervisors and inspectors for land administration, in order to perform their duties, need to enter the very plot of land to conduct survey, to require the unit or individual concerned to provide documents and materials or to make explanations, they shall produce their papers for supervision over and inspection of land administration.

Article 69 The units and individuals concerned shall assist in, cooperate with and provide convenience to the work of the land administration departments of the people's governments at or above the county level when the latter conduct supervision over and inspection of violations of the laws and regulations governing land administration; they may not refuse to accept or obstruct supervision over and inspection of land administration when the supervisors and inspectors perform their duties in accordance with law.

Article 70 Where, in the course of supervision and inspection, land administration departments of the people's government at or above the county level find any violations by State functionaries and believe that administrative sanctions need be given to such functionaries, they shall deal with such violations in accordance with law; if they have no right to do so, they shall propose in writing to the administrative supervision departments of the people's governments at the corresponding or a higher level that administrative sanctions be given to the functionaries, and the administrative supervision departments concerned shall deal with the violations in accordance with law.


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