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Land Management Law of the People's Republic of China

发布时间:2008年06月11日18:18 Source: Release time: June 11, 2008 18:18
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(Adopted at the Sixteenth Meeting of the Standing Committee of the Sixth National People's Congress on June 25, 1986. According to the fifth meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988, Amendment to the Decision of the Land Management Law. Amended and Adopted at the Fourth Meeting of the Standing Committee of the Ninth National People's Congress on August 29, 1998. Promulgated by Order No. 8 of the President of the People's Republic of China on August 29, 1998.)

table of Contents

Chapter 1 General

Chapter TwoOwnership and Use of Land

Chapter ThreeGeneral Land Use Planning

Chapter 4 Protection of Cultivated Land

Chapter 5: Construction Land

Chapter 6: Supervision and Inspection

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions



Chapter 1 General

Article 1 In order to strengthen land management, maintain the socialist public ownership of the land, protect and develop land resources, rationally use the land, effectively protect the cultivated land, and promote sustainable social and economic development, this law is enacted in accordance with the Constitution.

Article 2 The People's Republic of China implements the socialist public ownership of land, that is, ownership by the entire people and collective ownership by the working masses.

All people, that is, the ownership of state-owned land is exercised by the State Council on behalf of the state.

No unit or individual may occupy, trade, or otherwise illegally transfer land. Land use rights can be transferred according to law.

For the needs of the public interest, the state may requisition collectively-owned land according to law.

The state implements a system of paid use of state-owned land in accordance with the law. However, the exception is that the state allocates state-owned land use rights within the scope prescribed by law.

Article 3Treasure, rational use of land and practical protection of cultivated land are China's basic national policies. People's governments at all levels should take measures to comprehensively plan, strictly manage, protect and develop land resources, and stop illegal land occupation.

Article 4The state implements a land use management system.

The State compiles a general plan for land use, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of construction land, and implement special protection for cultivated land.

Agricultural land referred to in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water utilization land, aquaculture water surface, etc .; construction land refers to land used to build buildings and structures, including urban and rural housing and public Land for facilities, land for industry and mining, land for transportation and water conservancy facilities, land for tourism, military facilities, etc .; unused land refers to land other than agricultural land and construction land.

Units and individuals using land must use the land strictly in accordance with the purposes determined by the overall land use plan.

Article 5The department of land administration under the State Council shall be in charge of the management and supervision of land nationwide.

The establishment and duties of the land administrative department of the local people's government at or above the county level shall be determined by the people's governments of provinces, autonomous regions, and municipalities directly under the State Council in accordance with relevant regulations of the State Council.

Article 6All units and individuals have the obligation to abide by land management laws and regulations, and have the right to report and sue for violations of land management laws and regulations.

Article 7The units and individuals who have made outstanding achievements in the protection and development of land resources, rational use of land, and related scientific research shall be rewarded by the people's government.

Chapter II. Land Ownership and Use Rights

Article 8 Land in urban areas belongs to the state.

Lands and suburbs of the city belong to the collectives of farmers except for the state-owned land, and house sites, self-reserved land, and self-reserved mountains belong to the collectives of farmers.

Article 9State-owned land and land collectively owned by farmers may be determined for use by units or individuals according to law. Units and individuals using land have the obligation to protect, manage, and reasonably use the land.

Article 10Lands collectively owned by farmers are collectively owned by village peasants according to law, and are managed and managed by village collective economic organizations or villagers' committees; those collectively owned by peasants that have been owned by two or more rural collective economic organizations in the village shall be owned by the village. Each rural collective economic organization or villager's group that has been operated and managed by the village (town) peasant collective shall be operated and managed by the rural (town) rural collective economic organization.

Article 11The land collectively owned by farmers shall be registered by the county-level people's government, issued a certificate, and confirmed ownership.

The land collectively owned by farmers is used for non-agricultural construction in accordance with the law, and the people's government at the county level shall register and issue a certificate, issue a certificate, and confirm the right to use construction land. The state-owned land used by units and individuals in accordance with the law shall be registered by the people's governments at or above the county level, issued with certificates, and confirmed the right to use them. Among them, the specific registration and issuance authority for state-owned land used by central state agencies shall be determined by the State Council to confirm forest land and grasslands Confirmation of the ownership or use right of the aquatic surface and tidal flat aquaculture use right shall be handled in accordance with the relevant provisions of the Forest Law of the People's Republic of China, the Grassland Law of the People's Republic of China and the Fishery Law of the People's Republic of China.

Article 12If the ownership and use of land are changed according to law, the land change registration procedure shall be completed.

Article 13The ownership and use right of land registered in accordance with law shall be protected by law, and no unit or individual may infringe upon it.

Article 14Lands collectively owned by farmers shall be contracted and managed by members of the collective economic organization and engaged in plantation, forestry, animal husbandry, and fishery production. The land contracting operation period is thirty years. The Employer and the Contractor shall conclude a contract, stipulating the rights and obligations of both parties. Farmers contracting for land management have the obligation to protect and reasonably use the land in accordance with the uses agreed in the contract. Farmers' right to land contractual management is protected by law.

In the period of land contracting operation, proper adjustment of land contracted between individual contracting operators must be approved by more than two thirds of the members of the villagers' meeting or representatives of more than two thirds of the villagers and reported to the township (town). ) Approved by the people's government and the county-level people's government's agricultural administrative department.

Article 15State-owned land may be contracted and managed by units or individuals to engage in plantation, forestry, animal husbandry, and fishery production. Land collectively owned by farmers may be contracted and managed by units or individuals outside the collective economic organization to engage in plantation, forestry, animal husbandry, and fishery production. The Employer and the Contractor shall conclude a contract, stipulating the rights and obligations of both parties. The term of the land contracted operation is stipulated in the contract. Units and individuals contracting for land management have the obligation to protect and reasonably use the land in accordance with the uses agreed in the contract.

If the collectively owned land of farmers is contracted and managed by units or individuals other than the collective economic organization, it must be approved by more than two-thirds of the members of the villagers' meeting or representatives of more than two-thirds of the villagers and submitted to the township (town) people's government for approval. . 

Article 16Disputes over land ownership and use rights shall be settled by the parties through negotiation; if the negotiation fails, the people ’s government shall handle the dispute.

 Disputes between units shall be handled by the people's government at or above the county level; disputes between individuals, or between individuals and units, shall be handled by the people's government at the township level or the people's government at or above the county level.

If the party concerned refuses to accept the decision of the relevant people's government, he may bring a suit in a people's court within 30 days of receiving the notice of the decision.

Before the dispute over land ownership and use right is resolved, neither party may change the current status of land use.

Chapter III. General Land Use Planning

Article 17People's governments at all levels shall organize the compilation of overall land use plans in accordance with the national economic and social development plans, the requirements for land remediation and environmental protection of resources, land supply capacity, and land requirements for various constructions.

The planning period for the overall land use planning shall be prescribed by the State Council.

Article 18The overall land use planning at the lower level shall be prepared in accordance with the overall land use planning at the next higher level.

The total amount of construction land in the overall land use plan prepared by the local people's governments at all levels must not exceed the control index determined by the upper-level land use overall plan, and the cultivated land holding amount must not be lower than the control index determined by the upper-level land use overall plan .

The overall land use plan prepared by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall ensure that the total amount of cultivated land in the administrative region does not decrease.

Article 19The general plan for land use shall be prepared in accordance with the following principles:

(1) Strictly protect basic farmland and control the occupation of agricultural land by non-agricultural construction;

(2) improving land utilization;

(3) making overall arrangements for various types of land use in various regions;

(4) protecting and improving the ecological environment and ensuring sustainable land use;

(5) The occupation of cultivated land is balanced with the development and reclamation of cultivated land.

Article 20The overall land use planning at the county level shall divide land use areas and specify land use.

The township (town) land use overall plan shall divide the land use area, determine the use of each piece of land according to the conditions of land use, and make an announcement.

Article 21The overall planning for land use shall be subject to graded examination and approval.

The overall land use planning of provinces, autonomous regions and municipalities shall be submitted to the State Council for approval.

The land use master plan of cities where the people's governments of provinces and autonomous regions are located, cities with a population of more than one million, and cities designated by the State Council shall be submitted to the State Council for approval after being examined and approved by the people's governments of the provinces and autonomous regions.

General planning for land use other than those specified in paragraphs 2 and 3 of this article shall be reported to the provincial, autonomous region, and municipal people ’s governments for approval step by step; among them, the township (town) general planning for land use may be divided into districts authorized by the provincial people ’s government. Approved by the people's government of the city and autonomous prefecture.

Once the overall land use plan is approved, it must be strictly implemented.

Article 22The scale of urban construction land shall meet the standards set by the state, make full use of the existing construction land, and do not occupy or minimize the occupation of agricultural land.

The overall urban planning, village and market town planning shall be linked to the overall land use planning, and the scale of construction land in the overall urban planning, village and market town planning shall not exceed the scale of construction land in cities, villages and market towns determined in the overall land use planning.

In the urban planning area, village and market town planning area, the construction land of cities, villages and market towns shall conform to the urban planning, village and market town planning.

Article 23The comprehensive management and development and utilization planning of rivers and lakes shall be linked to the overall land use planning. In the management and protection scope of rivers, lakes, and reservoirs, as well as in flood storage and detention areas, land use should comply with the comprehensive management and development and utilization planning of rivers and lakes, and meet the requirements of rivers, lakes for flood discharge, flood storage, and water transfer.

Article 24People's governments at all levels shall strengthen the management of land use plans and implement the total control of construction land.

The annual land use plan is prepared according to the national economic and social development plan, the national industrial policy, the overall land use plan, and the actual conditions of construction land and land use. The process of preparing and approving the annual land use plan is the same as the process of preparing and approving the general plan for land use. Once approved, it must be strictly implemented.

Article 25The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall list the implementation of the annual land use plan as the content of the implementation of the national economic and social development plan, and report to the people's congress at the same level.

Article 26The modification of the approved general plan for land use must be approved by the original approval authority; the land use determined in the general plan for land use must not be changed without approval.

If large-scale energy, transportation, water conservancy and other infrastructure construction land approved by the State Council needs to change the overall land use plan, the overall land use plan shall be modified in accordance with the approval document of the State Council.

If the land for energy, transportation, water conservancy and other infrastructure construction approved by the people ’s government of a province, autonomous region, or municipality directly under the Central Government needs to change the overall land use plan, it belongs to the provincial people ’s government ’s land use planning approval authority. Approval document to modify the overall land use plan.

Article 27 The State establishes a land survey system.

The land administrative department of the people's government at or above the county level will conduct a land survey together with the relevant departments at the same level. The land owner or user shall cooperate with the investigation and provide relevant information.

Article 28The land administration department of the people's government at or above the county level shall, together with the relevant departments at the same level, assess the land grade based on the results of land surveys, planned land use, and uniform standards formulated by the state.

Article 29The state shall establish a land statistics system.

The land administrative department of the people's government at or above the county level and the statistical department at the same level shall jointly formulate a statistical survey plan, conduct land statistics in accordance with law, and regularly release land statistics. The land owner or user shall provide relevant materials, and shall not make false reports, conceal reports, refuse to report, or report late.

The land area statistical data jointly issued by the land administration department and the statistics department is the basis for the people's governments at all levels to compile the overall land use plan.

Article 30The state establishes a national land management information system to dynamically monitor land use.

Chapter IV Protection of Cultivated Land

Article 31 The state protects cultivated land and strictly controls the conversion of cultivated land to non-cultivated land.

The state implements a compensation system for occupation of cultivated land. For non-agricultural construction that has been approved for occupation of cultivated land, the unit occupying the cultivated land shall be responsible for reclaiming cultivated land equivalent to the quantity and quality of the cultivated land in accordance with the principle of "occupied and reclaimed"; In accordance with the regulations of the provinces, autonomous regions and municipalities, the cultivated land reclamation fees shall be paid, and the special funds shall be used for the reclamation of new cultivated land.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate cultivated land reclamation plans, supervise the units that occupy the cultivated land, or organize the cultivated land reclamation according to the plan, and conduct acceptance inspections.

Article 32 The local people's governments at or above the county level may require the units that occupy the cultivated land to use the soil in the cultivated layer of the occupied cultivated land for the improvement of the newly cultivated cultivated land, inferior land, or other cultivated land.

Article 33The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strictly implement the overall land use planning and annual land use plans, and take measures to ensure that the total amount of cultivated land in their administrative areas does not decrease. Order to organize the reclamation of cultivated land equivalent to the amount and quality of the reduced cultivated land within the prescribed time limit, and be inspected and accepted by the land administrative department of the State Council in conjunction with the agricultural administrative department. In some provinces and municipalities, due to the lack of land reserve resources, after the construction land is newly added, the amount of newly cultivated land is not enough to compensate the amount of cultivated land occupied, it must be reported to the State Council for reduction or exemption of the amount of cultivated land in the administrative area for exchanging land. reclamation.

Article 34 The state implements a basic farmland protection system. The following cultivated land shall be allocated to basic farmland protection areas in strict accordance with the overall land use plan:

(1) Cultivated land in grain, cotton, and oil production bases approved by the relevant competent department of the State Council or local people's governments at or above the county level;

 (2) The cultivated land with good water conservancy and soil and water conservation facilities is undergoing a transformation plan and medium and low-yield fields that can be transformed;

(3) Vegetable production bases;

(4) agricultural scientific research and teaching experimental fields;

(5) Other cultivated land stipulated by the State Council that should be allocated to basic farmland protection areas.

The basic farmland designated by each province, autonomous region, and municipality directly under the Central Government shall account for more than 80% of the cultivated land in the administrative region.

The basic farmland protection area shall be demarcated and demarcated with the township (town) as the unit, and the land administrative department of the county-level people's government shall organize the implementation with the agricultural administrative department at the same level.

Article 35. People's governments at all levels shall take measures to maintain drainage and irrigation engineering facilities, improve soil, increase soil fertility, and prevent land desertification, salinization, soil erosion, and pollution of land.

Article 36 Non-agricultural construction must use land sparingly. Those who can use waste land must not occupy cultivated land; those who can use inferior land must not occupy good land.

It is forbidden to occupy cultivated land for kiln construction, grave construction, or build houses, dig sand, quarry, mine, or borrow soil on the cultivated land without authorization.

It is forbidden to occupy basic farmland to develop forestry and fruit industry and to dig ponds for fish farming.

Article 37 It is forbidden for any unit or individual to idle or barren arable land. If the cultivated land occupied by non-agricultural construction that has already undergone the examination and approval procedures is not used within one year and can be cultivated and harvested, the collective or individual who originally cultivated the cultivated land should resume farming, or the land-using unit can organize farming; construction has not started for more than one year If it is not used for two consecutive years, the land use right of the land-use unit shall be recovered free of charge by the people's government at or above the county level after approval by the original approval authority; the land was originally a collective of farmers All should be returned to the former rural collective economic organization for cultivation.

In the urban planning area, idle land that has obtained land use rights for real estate development by way of transfer shall be handled in accordance with the relevant provisions of the "People's Republic of China Urban Real Estate Management Law".

If the unit or individual contracting and operating the cultivated land has abandoned farming and wasteland for two consecutive years, the original contracting unit shall terminate the contract and recover the contracted cultivated land.

Article 38The State encourages units and individuals to develop unused land on the premise of protecting and improving the ecological environment, preventing soil erosion and land desertification in accordance with the overall land use plan; if it is suitable for agricultural land, it shall Priority development into agricultural land.

The state protects the legitimate rights and interests of developers in accordance with law.

Article 39 The reclamation of unused land must be scientifically demonstrated and evaluated within the reclamation area delineated by the overall land use plan and subject to legal approval. It is forbidden to destroy forests and grasslands for reclamation of cultivated land, forbid farming around lakes and to occupy river beaches.

According to the overall plan for land use, there is a planned and step-by-step return of cultivated land to forests, grazing land, and lakes to land that has been reclaimed or reclamated to destroy the ecological environment.

Article 40Developing state-owned barren hills, barren lands and barren beaches with undefined use rights to engage in plantation, forestry, animal husbandry, and fishery production may be determined by the people ’s government at or above the county level for long-term development units or individuals. use.

Article 41The state encourages land consolidation. County, township (town) people's governments should organize rural collective economic organizations to comprehensively improve land, water, roads, forests, and fisheries in accordance with the overall land use plan, improve the quality of cultivated land, increase the effective cultivated land area, and improve agricultural production conditions and the ecological environment. .

Local people's governments at all levels shall take measures to transform low- and medium-yield fields and remediate idle and abandoned land.

Article 42Land damage caused by excavation, subsidence, occupation, etc., land use units and individuals shall be responsible for reclamation in accordance with relevant state regulations; if there is no condition for reclamation or reclamation does not meet the requirements, land restoration shall be paid. Reclamation fees are specifically used for land reclamation. The reclaimed land shall be given priority to agriculture.

Chapter V Construction Land

Article 43If any unit or individual needs to use land for construction, it must apply for the use of state-owned land in accordance with law; however, the establishment of township enterprises and villagers to build houses using the land collectively owned by farmers of this collective economic organization shall be approved in accordance with law. , Or the construction of public facilities and public welfare undertakings in townships (towns) and villages has been approved to use collectively owned land by farmers in accordance with law.

The state-owned land applied for in accordance with the law mentioned in the preceding paragraph includes state-owned land and land requisitioned by the state that was originally owned by collective farmers.

Article 44The construction land occupation involves the conversion of agricultural land into construction land.

The roads, pipelines, and large-scale infrastructure construction projects approved by the people ’s governments of provinces, autonomous regions, and municipalities directly under the Central Government and construction projects approved by the State Council occupy land that involves conversion of agricultural land to construction land and shall be approved by the State Council.

If the agricultural land is converted into construction land for the implementation of the plan within the scale of the construction land of cities, villages and market towns determined by the overall land use plan, the original approved land use general plan shall be divided into batches according to the annual land use plan. Authority approval. Within the approved conversion of agricultural land, the land for specific construction projects may be approved by the municipal and county people's governments.

 Land occupied by construction projects other than those specified in paragraphs 2 and 3 of this Article, which involves conversion of agricultural land into construction land, shall be approved by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 45 The requisition of the following land shall be approved by the State Council:

(1) Basic farmland;

(2) more than 35 hectares of arable land other than basic farmland;

(3) Other land exceeding 70 hectares.

Requisition of land other than those specified in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and reported to the State Council for the record.

For the requisition of agricultural land, the examination and approval of the conversion of agricultural land shall be conducted in accordance with the provisions of Article 44 of this Law. Among them, if the agricultural land is approved for conversion by the State Council, the land acquisition approval procedures will be processed at the same time, and no separate land acquisition approval will be required; if the people's government of the province, autonomous region or municipality directly approves the conversion of agricultural land within the land acquisition approval authority, No further land acquisition approval is required, and if the authority for land acquisition approval is exceeded, another land acquisition approval shall be made in accordance with the provisions of the first paragraph of this article.

Article 46The land requisitioned by the state shall be announced and organized by the local people ’s government at or above the county level upon approval in accordance with legal procedures. The owner of the requisitioned land and the owner of the right to use the land shall, within the period specified in the announcement, hold a land tenure certificate to the land administrative department of the local people's government to register for compensation for land requisition.

Article 47 For land requisition, compensation shall be made according to the original purpose of the requisitioned land.

Compensation fees for cultivated land acquisition include land compensation fees, resettlement subsidies, and compensation for attachments and young crops on the ground. The land compensation fee for requisitioned cultivated land is six to ten times the average annual output value of the three-year requisitioned cultivated land. The resettlement subsidy for requisitioned cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of cultivated land requisitioned by the average amount of cultivated land per person occupied by the requisitioned unit before land acquisition. The resettlement subsidy standard for each agricultural population to be resettled is four to six times the average annual output value of the three years prior to the acquisition of the cultivated land. However, the maximum resettlement subsidy per hectare of cultivated land requisitioned shall not exceed 15 times the average annual output value of the three-year requisitioned land.

The standards of land compensation fees and resettlement subsidies for other land acquisition shall be prescribed by the provinces, autonomous regions, and municipalities with reference to the standards of land compensation fees and resettlement subsidies for cultivated land acquisition.

The compensation rates for attachments and young crops on the requisitioned land shall be prescribed by the provinces, autonomous regions and municipalities.

When requisitioning vegetable land in urban suburbs, the land-using unit shall pay the new vegetable field development and construction fund in accordance with relevant state regulations.

  Where land compensation fees and resettlement subsidies are paid in accordance with the provisions of the second paragraph of this article, and the farmers who need resettlement cannot maintain their original living standards, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities. However, the sum of land compensation fees and resettlement subsidies must not exceed thirty times the average annual output value of the three years prior to land acquisition.

According to the level of social and economic development, the State Council may, under special circumstances, raise the standards for land compensation and resettlement subsidies for cultivated land acquisition.

Article 48 After the land acquisition compensation and resettlement plan is determined, the relevant local people's government shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers who have been expropriated.

Article 49. The rural collective economic organization whose land has been requisitioned shall announce the status of the income and expenditure of the compensation fees for the requisitioned land to its members and accept supervision.

It is forbidden to embezzle and misappropriate the land acquisition compensation fees and other related expenses of the requisitioned land units.

Article 50The local people's governments at all levels shall support the rural collective economic organizations and farmers whose land has been requisitioned to engage in development and management and establish enterprises.

Article 51The compensation standards and resettlement measures for land requisition for large and medium-sized water conservancy and hydropower projects shall be separately formulated by the State Council.

Article 52 When demonstrating the feasibility of a construction project, the competent land administrative department may review matters related to construction land and make comments based on the overall land use planning, annual land use plan, and construction land standards.

Article 53If an approved construction project requires the use of state-owned construction land, the construction unit shall hold relevant documents prescribed by laws and administrative regulations and submit the construction land to the land administration department of the people ’s government at or above the county level that has the right of approval. The application shall be reviewed by the competent land administrative department and reported to the people's government at the same level for approval.

Article 54The use of state-owned land by the construction unit shall be obtained by means of paid use such as transfer; however, the following construction land may be obtained by allocation in accordance with the law's approval of the people's government at or above the county level:

(1) land for state organs and military use;

(2) Urban infrastructure land and public welfare land;

(3) Land for energy, transportation, water conservancy and other infrastructure supported by the state;

(4) Other land required by laws and administrative regulations.

Article 55A construction unit that obtains the right to use state-owned land by way of paid use, such as transfer, shall use the land and other land use right payment fees and other fees in accordance with the standards and methods prescribed by the State Council. land.

Since the implementation of this law, 30% of the paid land use fees for new construction land have been turned over to the central government, and 70% have been left to the relevant local people's governments, all of which are specifically used for the development of cultivated land.

Article 56If a construction unit uses state-owned land, it shall use the land in accordance with the provisions of the paid use contract, such as the transfer of land use rights, or the provisions of the approval document for the allocation of land use rights; With the consent of the competent land administration department of the relevant people's government, it should be reported to the people's government that originally approved the land for approval. Among them, if the land use is changed in the urban planning area, it shall be approved by the relevant urban planning administrative department before being submitted for approval.

Article 57If the construction project and geological survey require the temporary use of state-owned land or land collectively owned by farmers, the land administrative department of the people's government at or above the county level shall approve it. Among them, the temporary land use within the urban planning area shall be approved by the relevant urban planning administrative department before being submitted for approval. Land users shall sign temporary land use contracts with the relevant land administrative departments or rural collective economic organizations and villagers' committees according to the ownership of the land, and pay compensation for temporary land use in accordance with the contract.

Users of temporary land use shall use the land in accordance with the purposes agreed in the temporary land use contract, and shall not construct permanent buildings. The duration of temporary land use generally does not exceed two years.

Article 58 Under any of the following circumstances, the land administration department of the relevant people's government may report the approval of the people ’s government that originally approved the land or the people ’s government that has the right to approve, and may recover the state-owned land use right:

(1) those who need to use land for public interest;

 (2) For the implementation of urban planning for the reconstruction of old urban areas, land use needs to be adjusted;

(3) the expiry of the period of use stipulated in the contract for the paid use of the land, such as when the land user has not applied for renewal or the application for renewal has not been approved;

(4) stopping the use of the originally allocated state-owned land due to the cancellation or relocation of the unit;

(5) Highways, railways, airports, mines, etc. which have been scrapped after approval.

If the state-owned land use right is recovered in accordance with the provisions of paragraphs (1) and (2) of the preceding paragraph, the land-use right holder shall be appropriately compensated.

Article 59The construction of township (town) villages, such as township and village enterprises, public facilities, public welfare undertakings, rural villagers' houses, etc., shall be planned in accordance with the planning of the villages and towns, and comprehensively developed and supported. The land use shall be in accordance with the township (town) overall land use plan and annual land use plan, and shall go through the examination and approval procedures in accordance with the provisions of Article 44, Article 60, Article 61, and Article 62 of this Law.

Article 60A rural collective economic organization shall use the construction land determined by the township (town) land use overall planning to start an enterprise or jointly establish an enterprise with other units or individuals in the form of land use rights, shares, joint ventures, etc., and shall hold relevant approvals. Documents shall be submitted to the land administrative department of the local people ’s government at or above the county level and approved by the local people ’s government at or above the county level in accordance with the approval authority stipulated by the province, autonomous region, or municipality; The provisions of Article 14 go through the examination and approval procedures.

The land for construction of enterprises established in accordance with the provisions of the preceding paragraph must be strictly controlled. Provinces, autonomous regions, and municipalities directly under the Central Government may set land use standards according to different industries and business scales of township and village enterprises.

 Article 61 If the land needs to be used in the construction of public facilities and public welfare undertakings in a township (town) village, the township (town) people's government shall review and submit an application to the land administrative department of the local people's government at or above the county level, in accordance with the provincial The approval authority prescribed by the municipality, autonomous region, or municipality directly under the Central Government shall be approved by the local people's government at or above the county level. Among them, those involving occupation of agricultural land shall go through the examination and approval procedures in accordance with Article 44 of this Law.

Article 62 A rural villager can only own one house site, and the area of the house site must not exceed the standards set by the provinces, autonomous regions and municipalities.

Houses built by rural villagers should conform to the overall planning of township (town) land use, and try to use the original house sites and vacant land in the village.

The residential land for rural villagers shall be examined and approved by the township (town) people's government and approved by the county-level people's government; among them, the occupation of agricultural land shall be examined and approved in accordance with the provisions of Article 44 of this Law.

  Rural villagers will not be approved if they apply for a homestead after selling or renting a house.

Article 63The right to use collectively owned land of farmers cannot be transferred, transferred, or leased for non-agricultural construction; however, an enterprise that complies with the overall land use plan and obtains construction land in accordance with the law is caused by bankruptcy, mergers, etc. The exception is land use rights that have been transferred according to law.

Article 64Buildings and structures that have been constructed before the formulation of the overall land use plan and do not meet the purposes determined by the overall land use plan may not be replaced or expanded.

Article 65 Under any of the following circumstances, a rural collective economic organization may return the land use right upon approval of the people's government that originally approved the use of the land:

(1) the use of land for the construction of public facilities and public welfare undertakings in a township (town) village;

(2) the land is not used in accordance with the approved purpose;

(3) Those who have stopped using the land due to revocation or relocation.

If the land collectively owned by farmers is reclaimed in accordance with item (1) of the preceding paragraph, the owner of the land use right shall be given appropriate compensation.

Chapter 6 Supervision and Inspection

Article 66The land administrative department of the people's government at or above the county level shall supervise and inspect acts that violate land management laws and regulations.

Land management supervisors and inspectors should be familiar with land management laws and regulations, be loyal to their duties, and enforce laws impartially.

 Article 67When performing the duties of supervision and inspection, the land administrative department of the people's government at or above the county level shall have the right to take the following measures:

(1) Require the unit or individual under inspection to provide documents and materials related to land rights for inspection or copying;

(2) requiring the unit or individual being inspected to make an explanation on issues related to land rights;

(3) entering the site of the land illegally occupied by the inspected unit or individual for surveying;

(4) Ordering units or individuals who illegally occupy land to stop violating land management laws and regulations.

Article 68In performing duties, land management supervision and inspection personnel who need to enter the site for surveys and require relevant units or individuals to provide documents, materials and make explanations shall produce land management supervision and inspection certificates.

Article 69The relevant units and individuals shall support and cooperate with the land administrative departments of the people's governments at or above the county level in the supervision and inspection of land violations, and shall provide convenience for work. They shall not refuse or hinder land management supervision and inspection personnel in accordance with law. Perform duties.

Article 70The administrative department of land of the people's government at or above the county level shall find that any illegal action by a state staff member during the supervision and inspection shall be given administrative sanctions according to law, and shall be dealt with according to law. The administrative supervisory authority of the people's government at the next higher level or higher proposes a proposal for administrative sanctions, and the relevant administrative supervisory authority shall deal with it according to law.

 Article 71If the land administrative department of the people's government at or above the county level finds that the land illegal acts constitute a crime in the supervision and inspection, it shall refer the case to the relevant authority and be investigated for criminal responsibility according to law; if it does not constitute a crime, it shall be given according to law. Administrative penalties.

pk10免费计划网 第七十二条依照本法规定应当给予行政处罚,而有关土地行政主管部门不给予行政处罚的,上级人民政府土地行政主管部门有权责令有关土地行政主管部门作出行政处罚决定或者直接给予行政处罚,并给予有关土地行政主管部门的负责人行政处分。

第七章法律责任

第七十三条买卖或者以其他形式非法转让土地的,由县级以上人民政府土地行政主管部门没收违法所得;对违反土地利用总体规划擅自将农用地改为建设用地的,限期拆除在非法转让的土地上新建的建筑物和其他设施,恢复土地原状,对符合土地利用总体规划的,没收在非法转让的土地上新建的建筑物和其他设施;可以并处罚款;对直接负责的主管人员和其他直接责任人员,依法给予行政处分;构成犯罪的,依法追究刑事责任。

第七十四条违反本法规定,占用耕地建窑、建坟或者擅自在耕地上建房、挖砂、采石、采矿、取土等,破坏种植条件的,或者因开发土地造成土地荒漠化、盐渍化的,由县级以上人民政府土地行政主管部门责令限期改正或者治理,可以并处罚款;构成犯罪的,依法追究刑事责任。

第七十五条违反本法规定,拒不履行土地复垦义务的,由县级以上人民政府土地行政主管部门责令限期改正;逾期不改正的,责令缴纳复垦费,专项用于土地复垦,可以处以罚款。

第七十六条未经批准或者采取欺骗手段骗取批准,非法占用土地的,由县级以上人民政府土地行政主管部门责令退还非法占用的土地,对违反土地利用总体规划擅自将农用地改为建设用地的,限期拆除在非法占用的土地上新建的建筑物和其他设施,恢复土地原状,对符合土地利用总体规划的,没收在非法占用的土地上新建的建筑物和其他设施,可以并处罚款;对非法占用土地单位的直接负责的主管人员和其他直接责任人员,依法给予行政处分;构成犯罪的,依法追究刑事责任。

超过批准的数量占用土地,多占的土地以非法占用土地论处。

第七十七条农村村民未经批准或者采取欺骗手段骗取批准,非法占用土地建住宅的,由县级以上人民政府土地行政主管部门责令退还非法占用的土地,限期拆除在非法占用的土地上新建的房屋。

超过省、自治区、直辖市规定的标准,多占的土地以非法占用土地论处。

第七十八条无权批准征用、使用土地的单位或者个人非法批准占用土地的,超越批准权限非法批准占用土地的,不按照土地利用总体规划确定的用途批准用地的,或者违反法律规定的程序批准占用、征用土地的,其批准文件无效,对非法批准征用。使用土地的直接负责的主管人员和其他直接责任人员,依法给予行政处分;构成犯罪的,依法追究刑事责任。非法批准、使用的土地应当收回,有关当事人拒不归还的,以非法占用土地论处。

非法批准征用、使用土地,对当事人造成损失的,依法应当承担赔偿责任。

第七十九条侵占、挪用被征用土地单位的征地补偿费用和其他有关费用,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。

第八十条依法收回国有土地使用权当事人拒不交出土地的,临时使用土地期满拒不归还的,或者不按照批准的用途使用国有土地的,由县级以上人民政府土地行政主管部门责令交还土地,处以罚款。

第八十一条擅自将农民集体所有的土地的使用权出让、转让或者出租用于非农业建设的,由县级以上人民政府土地行政主管部门责令限期改正,没收违法所得,并处罚款。

第八十二条不依照本法规定办理土地变更登记的,由县级以上人民政府土地行政主管部门责令其限期办理。

第八十三条依照本法规定,责令限期拆除在非法占用的土地上新建的建筑物和其他设施的,建设单位或者个人必须立即停止施工,自行拆除;对继续施工的,作出处罚决定的机关有权制止。建设单位或者个人对责令限期拆除的行政处罚决定不服的,可以在接到责令限期拆除决定之日起十五日内,向人民法院起诉;期满不起诉又不自行拆除的,由作出处罚决定的机关依法申请人民法院强制执行,费用由违法者承担。

pk10免费计划网 第八十四条土地行政主管部门的工作人员玩忽职守、滥用职权、徇私舞弊,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。

第八章附则

第八十五条中外合资经营企业、中外合作经营企业、外资企业使用土地的,适用本法;法律另有规定的,从其规定。

第八十六条本法自1999年1月1日起施行。

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