Adopted at the 16th Meeting of the Standing Committee of the Sixth National People's Congress on June 25, 1986, revised for the first time in accordance with the Decision on the Amendment of the Land Administration Law of the People's Republic of China made at the 5th Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988, amended at the 4th Meeting of the Standing Committee of the Ninth National People's Congress on August 29, 1998, and revised for the second time in pursuance of the Decision on the Amendment of the Land Administration Law of the People's Republic of China made at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28, 2004.
The Law consists of 86 Articles in 8 Chapters.
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution with a view to strengthening land administration, safeguarding the socialist public ownership of land, protecting and developing land resources, rationally utilizing the land, earnestly protecting the cultivated land and promoting sustainable socio-economic development.
Article 2 The People's Republic of China practices the socialist public ownership of land, namely, ownership by the whole people and collective ownership by the laboring masses.
Article 3 To value land highly, use land rationally and protect cultivated land effectively is China’s basic state policy. People’s governments at all levels shall take measures, draw up overall plans, tighten control, protect and develop land resources, and prevent illegal occupation of land.
Article 4 The state practices the system of land use control.
Article 5 The competent department of land administration under the State Council shall be uniformly responsible for the work of land administration and supervision nationwide.
Article 6 Any unit or individual has the obligation to abide by the laws and regulations on land administration and has the right to report on or file a charge against any act violating the laws and regulations on land administration.
Article 7 Units and individuals that have made remarkable achievements in the protection and development of land resources, rational utilization of land and conduct of related scientific research shall be rewarded by the people's government.
Chapter II Ownership of Land and Right to the Use of Land
Article 8 Land in urban areas of cities belongs to the state.
Land in rural areas and suburban areas of cities excluding those belonging to the state prescribed by law belongs to peasants' collective ownership; house sites, land allotted for personal needs and hilly land allotted for private use belongs to peasants' collective ownership.
Article 9 State-owned land and land collectively owned by peasants may be determined in accordance with law to be used by units or individuals. Units and individuals using the land have the obligation to protect, manage and rationally utilize the land.
Article 10 Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to village(township) peasants' collective ownership shall be managed and administered by the village(township) rural collective economic organization.
Article 11 People's governments at the county level shall enter into registration in a register, issue certificates in confirmation of the ownership for the land collectively owned by peasants.
Article 12 Any change to be lawfully made in land ownership, in the right to the use of land or in the purpose of use of land shall be registered
Article 13 The lawful registered ownership of law and right to the use of the land shall be protected by law and may not be infringed upon by any units or individuals.
Article 14 Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law.
Article 15 State-owned land may be operated under a contract by units or individuals for crop cultivation, forestry, animal husbandry or fishery. Land owned by peasant collectives may be operated for crop cultivation, forestry, animal husbandry or fishery under a contract by units or individuals that do not belong to the economic organizations of the said collectives. The party that gives out a contract and the party that undertakes it shall sign a contract in which to stipulate the rights and obligations of both parties. The duration of such contract shall be provided for by the contract. The units or individuals that contract to operate the land shall have the obligation to protect such land and make rational use of it in conformity with the purposes of use provided for in the contract.
Article 16 Disputes over land ownership and the right to use land shall be resolved by the parties interested through consultation; it shall be handled by the people's government in the event of failure of consultation.
Chapter III Overall Planning for Land Utilization
Article 17 People's governments at all levels should, pursuant to the planning for national socio-economic development, requirements of territorial treatment and resources and environment protection, land supply ability as well as the demand for land for various construction, organize the compilation of overall planning for land utilization.
Article 18 The overall planning for land utilization at a lower level shall be compiled pursuant to the overall planning for land utilization at a higher level.
Article 19 The overall planning for land utilization shall be compiled in accordance with the following principles:
(1) strict protection of basic farmland, control of occupation of farmland for non-agricultural construction;
(2) improvement of land use rate;
(3) overall arrangement for land for various purposes and various areas;
(4) protection and improvement of the ecological environment, and guarantee of sustainable land use; and
(5) balance between occupation of cultivated land and development and reclamation of cultivated land.
Article 20 The overall planning for land utilization at the county level should delimit land use zones and define land uses.
Article 21 Overall planning for land utilization shall be examined and approved by different levels.
Article 22 The scale of land used for urban construction should meet the standards set by the state, full use of the existing land for construction should be made, and no farmland or as less as possible farmland should be occupied.
Article 23 Planning for integrated harnessing, development and exploitation of rivers and lakes should be coupled with overall planning for land utilization. Within the range of administration and protection of rivers, lakes and reservoirs as well as within flood storage areas and flood detention areas, land utilization should accord with the planning for integrated harnessing, development and exploitation of rivers and lakes, accord with the requirements for flood passage, flood storage and discharge of water in river courses 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.
Article 25 People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should list the state of implementation of the annual land use plan as content of the state of implementation of the national socio-economic development plan and report to the people's congresses at the corresponding level.
Article 26 Revision of the approved overall planning for land utilization must be submitted to the original approval organ for approval; no alteration shall be made in land uses determined in the overall planning for land utilization without approval.
Article 27 The state establishes the land survey system.
Article 28 The competent departments of land administration of people's governments at and above the county level shall, in conjunction with the departments concerned at the corresponding level and in pursuance of land survey results, plan land uses and uniform standards set by the state and evaluate the grades of land.
Article 29 The state establishes land statistics system.
Article 30 The state establishes the national land administration information system for dynamic monitoring of the state of land utilization.
Chapter IV Cultivated Land Protection
Article 31 The state protects cultivated land and strictly controls turning cultivated land into non-cultivated land.
Article 32 Local people's governments at and above the county level may demand the units that occupy and use cultivated land to use the soil of the cultivated layer of cultivated land for soil improvement of newly reclaimed cultivated land, inferior quality land or other cultivated land.
Article 33 People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should strictly implement the overall planning for land utilization and annual land use plan and take measures to ensure that there is no decrease in the quantum of cultivated land within their respective administrative areas; where there is decrease in the quantum of cultivated land, the locality shall be ordered by the State Council to organize reclamation of cultivated land the quantity and quality of which is equivalent to those reduced within the specified time period, and the competent department of land administration under the State Council shall in conjunction with the competent department of agriculture administration conduct acceptance checks. Individual province or municipality directly under the Central Government whose quantum of newly reclaimed cultivated land is not adequate to compensate the quantum of cultivated land occupied and used after land used for newly added construction for paucity of reserve land resources, a report must be submitted to the State Council for approval for the reduction and exemption of the quantity of reclamation of cultivated land within the respective administrative area and reclamation be carried out in another place.
Article 34 The state practises the system of protection for basic farmland. The following cultivated land shall be included in the basic farmland protection zones in accordance with the overall planning for land utilization and strict administration exercised:
(1) cultivated land within production bases for food grains, cotton and oils determined upon approval by the competent departments concerned under the State Council or local people's governments at and above the county level;
(2) cultivated land with good water conservancy and water and soil conservation works, medium and low yield farmland the transformation plan of which is being carried out as well as those that may be transformed;
(3) production bases for vegetables;
(4) experimental plots for agricultural scientific research and teaching; and
(5) other cultivated land that should be included in basic farmland protection zones as prescribed by the State Council.
Article 35 People's governments at all levels should take measures to maintain irrigation and drainage works, improve soil and soil fertility, prevent land desertification, salinization, water and soil erosion and land pollution.
Article 36 Economy in land use must be practised for non-agricultural construction, no cultivated land shall be occupied and used where barren land can be used; no good land shall be occupied and used where inferior land can be used.
Article 37 All units and individuals shall be prohibited to let cultivated land lie idle or make it barren. 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 use unit; where construction has not been started for over a year, idle fee should be paid in accordance with the provisions of the provinces, autonomous regions and municipalities directly under the Central Government; where the land has not been used for two consecutive years, the people's government at and above the county level shall, subject to the approval of the original approval organ, withdraws the land use right of the land use unit without compensation; the said plot of land previously collectively owned by peasants should be handed back to the original rural collective economic organization for resumption of cultivation.
Article 38 The state encourages units and individuals in the development of unexploited land in accordance with the overall planning for land utilization and under the prerequisite of protection and improvement of the ecological environment, prevention of water and soil erosion and land desertification; the land suitable to be developed into agricultural land should be developed into agricultural land on a priority basis.
Article 39 Reclamation of unexploited land must undergo scientific authentication and evaluation and it must be carried out within the reclaimable areas delimited in the overall planning for land utilization upon approval in accordance with law. Reclamation of cultivated land through destruction of forests and prairie shall be prohibited, reclaiming farmland from lakes and infringement on shoals of rivers shall be prohibited.
Article 40 Development of state-owned barren hills, barren land and barren shoals, the right to use of which is undetermined for cultivation, forestry, animal husbandry and fishery production, may, subject to approval by people's government at or above the county level, be determined and given to development units or individuals for long-term use.
Article 41 The state encourages land arrangement. County, village (township) people's governments should organize rural collective economic organizations in integrated treatment of farmland, water, roads, woods and villages in accordance with the overall planning for land utilization to improve the quality of cultivated land, increase the area of effective cultivated land and improve conditions for agricultural production and the ecological environment.
Article 42 For destruction of land caused by damage due to digging, caving in and pressurized occupation, the land use unit and individual should, in accordance with relevant state provisions, be responsible for the reclamation; where there are no conditions for reclamation or reclamation does not conform to requirements, land reclamation fee should be paid to be used specifically for land reclamation. The reclaimed land should be used for agriculture on a priority basis.
Chapter V Land for Construction
Article 43 Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law; however, use of land collectively owned by peasants by the respective collective economic organization approved in accordance with law for the establishment of rural and township enterprises and construction of residences by villagers, or use of land collectively owned by peasants approved in accordance with law for the construction of village (township) public facilities and non-profit undertakings is excluded.
Article 45 Requisition of the following land shall be subject to the approval of the State Council:
(1) basic farmland;
(2) cultivated land other than the basic farmland exceeding 35 hectares; and
(3) other land exceeding 70 hectares.
Article 46 For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation.
Article 47 For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land.
Article 48 Upon determination of the scheme for compensation and resettlement for land requisition, the local people's government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land.
Article 49 The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision.
Article 50 Local people's governments at all levels should provide support for rural collective economic organizations and peasants of the requisitioned land for development and management and establishment of enterprises.
Article 51 Rate of compensation for land requisitioned for construction of big- and medium-size water conservancy works and hydropower projects shall be fixed and measures for emigrant resettlement formulated separately by the State Council.
Article 52 The competent department of land administration may, during the feasibility study and authentication of a construction project, examine the matters related to the land for construction and put forth suggestions in accordance with the overall planning for land utilization, the annual land use plan and standards for land for construction.
Article 53 For an approved construction project that needs to use state-owned land for construction, the construction unit should bring the relevant documents prescribed by laws and regulations and file an application at the competent department of land administration of the people's government at or above the county level that has the authority of approval, which shall be submitted to the people's government at the corresponding level for approval upon examination by the competent department of land administration.
Article 54 Use of state-owned land for a construction project should be obtained in the form of paid-for-use such as transfer; however, the following use of land for construction may be obtained in the form of appropriation subject to the approval of the people's government at or above the county level in accordance with law:
(1) land use by state organs and land use for military purposes;
(2) land use for urban infrastructure and land use for non-profit undertakings;
(3) land use for such infrastructure as energy, communications and water conservancy to which the state renders key support; and
(4) other land uses prescribed by laws and administrative regulations.
Article 55 A construction unit with the obtainment of land use right of state-owned land in the form of paid-for-use such as transfer may use the land only upon the payment of fee for paid-for land use and other fees such as land use right transfer fund in accordance with the standards and measures prescribed by the State Council.
Article 56 A construction unit that uses state-owned land should use the land in accordance with the agreement in the contract for paid-for-use for the transfer of land use right or the provisions of the approval document on the appropriation of land use right; where change in the use for construction of the said plot of land is necessitated, it should be subjected to the consent of the competent department of the people's government concerned and submitted to the people's government that originally approved the land use for approval. Among them, for change in the use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval.
Article 57 Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants shall be subject to the approval of the competent department of land administration of the people's government at or above the county level. Among which, for temporary use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land.
Article 58 The right to use of state-owned land may, subject to the approval of the people's government that originally approved the use of land or the people's government with authority of approval upon submission by the competent department of land administration of the people's government concerned, be withdrawn for any of the following circumstances:
(1) land use required for public interest;
(2) adjustment in land use necessitated by reconstruction of old urban districts in implementing urban planning;
(3) failure of the land user to apply for extension or failure of obtaining approval for the application for extension on expiry of the duration of use agreed on in the contract for paid-for use in land transfer;
(4) stoppage of the use of state-owned land previously appropriated as a result of disbandment or moving of the unit; and
(5) highways, railways, airports and mines phased out upon verification and approval.
Article 59 Rural(township) construction such as rural and township enterprises, rural(township) public facilities, non-profit undertakings, and villagers' residences should, in accordance with village and township planning, have a rational layout, integrated development and matching construction; land for construction should conform to the rural(township)overall planning for land utilization and annual land use plan and formalities of examination and approval should be completed pursuant to the provisions of Articles 44, 60, 61, and 62 of this Law.
Article 60 For the establishment of an enterprise using the land for construction determined by the overall planning for rural(township) land utilization by a rural collective economic organization or joint establishment of an enterprise with other units and individuals in the form of equity participation of land use right and joint operations, an application should be filed at the competent department of land administration of the local people's government at or above the county level with the approval document which shall be subject to the approval of local people's government at or above the county level pursuant to the limits of authority of approval prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; among them, for cases involving occupation and use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law.
Article 61 For land use required for the construction of rural(township)public facilities and non-profit undertakings, an application shall be filed at the competent department of land administration of the people's government at or above the county level upon examination and verification by the village(township) people's government and subject to the approval of the local people's government at or above the county level pursuant to the limits of authority of approval prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; among them, for cases involving use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law.
Article 62 One household of villagers in a rural area can only possess one house site, the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.
Article 63 The right to use of land collectively owned by peasants shall not be transferred, retransferred or rented out for non-agricultural construction; however, enterprises that obtained land for construction in accordance with law and conforming to the overall planning for land utilization where occurrences of transfer of land use right have been brought about by such circumstances as bankruptcy and merger are excluded.
Article 64 Constructions and structures completed prior to the formulation of the overall planning for land utilization that fail to conform to the uses determined by the overall planning for land utilization shall not be reconstructed and expanded.
Article 65 A rural collective economic organization may, subject to the approval of the people's government that previously approved the land use, withdraw the land use right for any of the following circumstances:
(1) land use required for the construction of rural(township) public facilities and non-profit undertakings;
(2) use of land not in accordance with the use approved; and
(3) stoppage of the use of the land due to reasons such as disbandment and moving.
Chapter VI Supervision and Inspection
Article 66 Competent departments of land administration of people's governments at and above the county level shall conduct supervision and inspection over acts in violation of the laws and regulations on land administration.
Article 67 Competent departments of land administration of people's governments at and above the county level have, in fulfilling their duties and responsibilities of supervision and inspection, the power to take the following measures:
(1) to demand the unit or individual under inspection to provide documents and materials concerning land right for reading or copying;
(2) to demand the unit or individual under inspection to make explanations concerning questions relating to land right;
(3) to enter the site illegally occupied and used by the unit or individual under inspection for a survey; and
(4) to order the unit or individual illegally occupying and using the land to stop acts in violation of land administration laws and regulations.
Article 68 Functionaries of land administration supervision and inspection should, in fulfilling duties and responsibilities, if they deem it necessary to enter a site for survey, demand the unit or individual concerned to provide documents and materials and make explanations, produce identification papers for land administration supervision and inspection.
Article 69 Units and individuals concerned should support, cooperate with and facilitate the supervision and inspection conducted by competent departments of land administration of the people's governments at or above the county level on illegal acts related to land and must not refuse and obstruct functionaries of land administration supervision and inspection in the discharge of duties according to law.
Article 70 Competent departments of land administration of the people's governments at and above the county level should, upon uncovering of illegal acts by state functionaries in the work of supervision and inspection who should be imposed administrative sanctions, handle the case(s) according to law; when the department has no power to handle the case(s), a proposal for administrative sanctions shall be submitted to the administrative supervisory organ of the people's government at the corresponding level or at the next higher level, and the administrative supervisory organ concerned should handle the case(s) according to law.
Article 71 Competent departments of land administration of people's governments at and above the county level should, on uncovering of illegal acts related to land that constitute a crime in the work of supervision and inspection, transfer the case(s) to the organ concerned for investigation of criminal liability according to law; where a crime has not been constituted, administrative penalty should be imposed according to law.
Article 72 Where an administrative penalty should be imposed pursuant to the provisions of this Law and the competent department of land administration has failed to impose the administrative penalty, the competent department of land administration of the people's government at the next higher level has the power to order the competent department of land administration to take a decision on the administrative penalty or directly impose the administrative penalty, and impose administrative sanctions on the person in charge of the competent department of land administration concerned.
Chapter VII Legal Liability
Article 73 Whoever illegally transfers land by buying and selling or in other forms shall be confiscated of the illegal gains by the competent department of land administration of the people's government at or above the county level; whoever turns agricultural land into land for construction without authorization in violation of the overall planning for land utilization shall be given a specified time period to dismantle the newly-built constructions and other facilities on the illegally transferred land and restore the original state of the land, where it conforms to the overall planning for land utilization, the newly-built constructions and other facilities on the illegally transferred land shall be confiscated; and may concurrently be imposed a fine; the person-in-charge directly responsible and other personnel directly responsible shall be imposed administrative sanctions according to law; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 74 Whoever occupies and uses cultivated land for building kiln(s) and tomb(s) or building house(s), digging sand, quarrying, mining and gathering earth on cultivated land without authorization, destroying conditions for cultivation or resulting in desertification and salinization of the land due to land development in violation of the provisions of this Law, shall be ordered by the competent department of the people's government at or above the county level to make a rectification or effect treatment within the specified time period, and may concurrently be imposed a fine; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 75 Whoever refuses to fulfill the obligation of land reclamation in violation of the provisions of this Law shall be ordered by the competent department of land administration of the people's government at or above the county level to make a rectification within the specified time period; whoever fails to make a rectification on expiry of the specified time period shall be ordered to pay the reclamation fee to be used specifically for land reclamation, and may be imposed a fine.
Article 76 Whoever illegally occupies and uses land without approval or obtains approval by deceitful means shall be ordered by the competent department of land administration of the people's government at or above the county level to return the illegally occupied and used land, whoever turns agricultural land into land for construction without authorization in violation of the overall planning for land utilization shall be given a specified time period to dismantle the newly-built constructions and other facilities on the illegally occupied and used land and restore the original state of the land, where it conforms to the overall planning for land utilization, the newly-built constructions and other facilities on the illegally occupied and used land shall be confiscated and may concurrently be imposed a fine; administrative sanctions shall be imposed according to law on the person-in-charge directly responsible and other personnel directly responsible of the unit that illegally occupies and uses the land; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 77 Villagers in rural areas who illegally occupy and use land for building residences without approval or obtain approval by deceitful means shall be ordered by the competent departments of people's governments at or above the county level to return the illegally occupied and used land, and dismantle the newly-built houses on the illegally occupied and used land within the specified time period.
Article 78 Units or individuals without power to approve requisition and use of land that illegally approve occupation and use of land, those that illegally approve occupation and use of land exceeding the limits of authority of approval, those that approve land use not in conformity with the uses determined by the overall planning for land utilization, or those that approve occupation and requisition of land in contravention of the legal procedures, their approval documents shall be null and void, the persons-in-charge directly responsible and other personnel directly responsible who illegally approve requisition and use of land shall be imposed administrative sanctions according to law; where a crime has been constituted, criminal liability shall be investigated according to law. The illegally approved and used land should be taken back, the party interested that refuses to return the land shall be construed and handled as illegal occupation and use of land.
Article 79 Whoever infringes on and uses the compensation fee and other related fees for land requisition of the requisitioned unit for other purposes constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law.
Article 80 The party interested that refuses to hand over the land for withdrawal of the right to use of state-owned land according to law, the party interested that refuses to return the land on expiry of temporary use of land, or the party interested that uses state-owned land not in accordance with the approved use shall be ordered by the competent departments of land administration of people's governments at or above the county level to return the land and a fine imposed.
Article 81 Whoever transfers, retransfers or rents out the right to use of the land collectively owned by peasants for non-agricultural construction without authorization shall be ordered by the competent department of land administration of the people's government at or above the county level to make a rectification within the specified time period, confiscated of the illegal gains and concurrently imposed a fine.
Article 82 Whoever fails to go through change in registration of land pursuant to the provisions of this Law shall be ordered by the competent department of land administration of the people's government at or above the county level to complete the formalities within the specified time period.
Article 83 Construction units or individuals that have been ordered to dismantle the newly-built constructions and other facilities on the illegally occupied and used land within the specified time period pursuant to the provisions of this Law must stop construction forthwith and dismantle them themselves; organs that make the penalty decision's have the power to stop those that continue construction. Construction units or individuals that refuse to obey the decisions of administrative penalty on dismantling within the specified time period may, within 15 days starting from the date of receipt of the decision of ordering the dismantling within the specified time period, file a suit at a people's court; the unit or individual that neither takes legal action nor dismantles itself/himself/herself on expiry, the organ that has taken the decision on penalty shall apply to a people's court for compulsory enforcement, and the expenses shall be borne by the violator of law.
Article 84 Functionaries of competent departments of land administration that neglect their duties, abuse their power and indulge in malpractices for selfish gains constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law.
Chapter VIII Supplementary Provisions (Abbreviated)
