Circular of the State Council on Strengthening Land Control

Circular of the State Council on Strengthening Land Control

Guo Fa [2006] No. 31

August 31, 2006

The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government and all the ministries and commissions and institutions directly under the State Council,

The CPC Central Committee and the State Council pay great attention to the land administration and control. Such aspects as strict law enforcement of land, intensification of the planning administration, guaranty of the peasants' rights and interests, promotion of intensive utilization of land and improvement of the responsibility bylaws have been comprehensively stipulated in the Decision of the State Council on Intensifying the Reform and Tightening of Land Management (Guo Fa [2004] No. 28), which was issued in 2004. All the localities and departments have adopted the related measures for effective implementation and made some achievements as well. However, some new trends and problems arise in land administration, especially the land control, namely, the overgrowth of the aggregation of construction land, the over-expansion of low-cost industrial land, illegal or irregular use of land, and reckless occupation of useable farmland are hard to be banned despite every effort, so the land restriction remains an arduous work. For the purpose of further implementing the concept of scientific development and ensuring the sustainable development of economy and society, more rigid measures for administration shall be adopted to enhance the land control earnestly. Therefore, related issues are hereby notified as follows:

I. Further Specifying the Responsibility of Land Administration and Protection of Useable Farmland Protection
The principals of the local people's governments at all levels shall be wholly responsible for the reservation amount of useable farmland, protection area of basic farmland, overall planning of land use and annual plan of implementation within their administration localities. The controlling indicators of new construction land use (including the occupied agricultural land and undeveloped land) shall be incorporated into the annul plan of land use and the an annual plan examination of land use, land administration and object examination of the responsibility of useable farmland protection shall be based on the actual reservation amount of useable farmland and the area of new construction land. Where there is any actual land use in excess of the planned quota in the current year, the planned quota of the following year shall be deducted correspondingly. The Ministry of Land and Resources shall strengthen the examination of actual construction land use and land expropriation.
The mode of examination and approval of the land used for urban construction shall be adjusted subject to the principle of consistency between power and responsibilities. Within the scope of the land used for urban construction as determined in an overall plan of land use, the change of agricultural land use and land expropriation shall be changed from examined and approved in batches by the State Council to the annual submission after summarized by the people's government at the provincial level, which shall, upon the examination and approval of the Ministry of Land and Resources as well as the State Council, be carried out specifically by the people's government at the provincial level, and then an implementation scheme shall be submitted to the Ministry of Land and Resources for filing.
The accountability system shall be implemented vigorously.
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