The State Council recently distributed the Official Reply on Granting Authorization to the People's Government of Hainan Province in Approval of Relevant Land Use Matters (the "Reply").
The Reply specifies that, pursuant to Paragraph 1 Article 48 of the Law of the People's Republic of China on the Hainan Free Trade Port, from the date of issuance of this Reply, and within the Hainan Free Trade Port, the People's Government of Hainan Province is authorized to approve matters that, under Paragraph 1 Article 35, Paragraph 2 Article 44, and Paragraph 1 Article 46 of the Land Administration Law of the People's Republic of China (Revised 2019), would otherwise require approval by the State Council. These matters include the conversion of permanent basic farmland into construction land, and the expropriation of land involving more than 35 hectares of permanent basic farmland or other cultivated land, or more than 70 hectares of other types of land. The Reply further clarifies that the Ministry of Natural Resources (MNR) shall, in collaboration with relevant parties, assess the handling of such land use approvals by the People's Government of Hainan Province. If the assessment results fail, a request shall be submitted to the State Council to revoke the authorization. The initial assessment period commences from the date of issuance to December 31, 2027.