Procedures of Shanghai Municipality on the Implementation of the Land Administration Law of the PRC

Procedures of Shanghai Municipality on the Implementation of the Land Administration Law of the PRC

Announcement of Standing Committee of 10th People's Congress of Shanghai Municipality No.62

February 4, 1994

(Adopted at Seventh Session of the 10th Standing Committee of 10th People's Congress of Shanghai Municipality on Feburary 4, 1994)

CHAPTER I GENERAL PROVISIONS
　
Article 1 The present Procedures are formulated in accordance with the Land Administration Law of the People's Republic of China and the relevant laws, rules and regulations, and in the light of the actual situations in Shanghai.
　
Article 2 Land within the administrative areas of Shanghai Municipality is legally owned either by the State or by the collective of laboring masses.
No unit or individual is permitted to encroach upon, transact or transfer land in any other illegal ways.
To meet the needs of social public interests, the State may, according to the laws, requisition collectively-owned land, allocate or grant state-owned land-use-right, and may also withdraw the land-use-right according to the laws.
　
Article 3 The people's governments at all levels in Shanghai Municipality shall carry out the policy of setting a high value on and making rational use of land; and shall, according to the city planning and land-use planning, rigorously control, protect and develop the land resources; and shall strictly minimize the occupation of vegetable plots and restrain any actions of arbitrarily occupying the arable land and abusing land.
　
Article 4 Any unit or individual that has made outstanding achievements in protecting and developing the land resources, making rational use of land, and conducting relevant scientific researches shall be awarded by the Municipal or District/County People's Government.
　
Article 5 The Land Administrative Authorities of Shanghai Municipal People's Government (hereinafter referred to as the "Municipal Land Administrative Authorities") is responsible for the centralized administration of the land of the whole city and may set up agencies in charge of land administration within the designated area.
The Land Administrative Authorities of the District or County People's Government (hereinafter referred to as the "District or County Land Administrative Authorities") is responsible for the land administration within its administrative areas, and is under the leadership of the Municipal Land Administrative Authorities, and may set up agencies when necessary.
The Township (Town) People's Government is responsible for the land administration within its administrative areas; the daily routine is handled by the Land Administration Office. The township (town) land management is under the leadership of the District/County Land Administrative Authorities.

CHAPTER II LAND OWNERSHIP AND LAND-USE-RIGHT
　
Article 6 In Shanghai, the land listed below is owned by the State:
1. Land within the urban areas, officially established towns, industrial and mining areas except the collectively-owned land that has not yet been requisitioned by the State;
2. Land of state-owned agricultural farms, tree farms, pastures, fishing grounds and the state-owned mountainous regions;
3. Shoals by the sea or rivers;
4. Land legally requisitioned, purchased, confiscated or nationalized; and
5. Other land that the State has not yet defined as collectively owned.
　
Article 7 In Shanghai, the land listed below is owned by the collectives:
1. Land used by rural collective economic entities, land used by peasants for residence, for personal needs and for planting bamboo, except the land already requisitioned by the State; and
2. Other land legally owned by the collectives.
　
Article 8 The owner of the collectively-owned land and the user of the state or collectively-owned land shall apply to the Municipal or District/County Land Administrative Authorities for the land registration.
　
Article 9 The Municipal or District/County Land Administrative Authorities shall examine and verify the ownership, the acreage and the use of the land to be registered; report to the people's government at the same level; and after the report being approved. keep the register on file; affirm the ownership of the collectively-owned land and the use-right of the state-owned or collectively-owned land; and issue the land certificate.
　
Article 10 If the ownership of the collectively-owned land, the use- right of the state-owned or the collectively-owned land or the use of land is going to be changed, an application for the above-mentioned changes must be submitted to the Municipal or District/County Land Administrative Authorities; and such changes must be registered upon the approval of the people's government at the same level.
　
Article 11 If an error is made in the land registration or in the registration for land change, such an error must be corrected by the Land Administrative Authorities according to law.
If the land registration or the registration for the land change is not made within the prescribed period, the land ownership or the land-use- right shall not be protected by the laws.
　
Article 12 The Municipal or District/County Land Administration Authorities shall survey the land, define its boundary and lay boundary markers after a unit or an individual has obtained the legitimate use- right to the land.
Any unit or individual shall be restrained from unauthorized move of or damage to the land boundary markers.
　
Article 13 Dispute over land ownership or land-use-right between the units shall be handled by the Municipal or District/County People's Government in the locality where the land lies.
Dispute over the land-use-right between the individuals or between the individual and the unit shall be handled by the Township (Town) People's government or the District/County People's Government in the locality where the land lies.
The party concerned who does not accept the decision thus given may bring a suit in a people's court within thirty days from the date of receiving the decision notification.
Before a dispute over the land ownership or the land-use-right is solved, neither party shall change the existing conditions of the land or damage the attachments on the land.
If a dispute over the land ownership or the land-use-right arises, and re-affirmation of the ownership or the use-right is thus required, the Municipal or District/County People's Government has the authority to affirm the ownership and use-right, ratify and issue the land certificate.

CHAPTER III USE AND PROTECTION OF LAND
　
Article 14 The Municipal or District/County Land Administrative Authorities shall, according to law, set up a system of land investigation and statistics; and shall keep a file on land registration.
The Municipal or District/County Land Administrative Authorities, together with the statistical department, shall, according to law, conduct the land statistics. The owner and user of the land shall provide the statistical data. They must not make false, deceitful or delayed reports. They must not refuse to report. No fabrication or distortion is allowed.
　
Article 15 The Municipal or District/County Land Administrative Authorities shall follow the principle of protecting the arable land and rationally arranging the land for non-agricultural construction; and, together with the relevant departments, draw up an overall plan for the use of the land. The plan, after being examined and approved by the people's government at the same level, shall be reported to the next higher people's government for ratification before the implementation.
The Township (Town) People's Government shall draw up an overall plan for the use of the land within its administrative area. The plan shall be reported to the District or County People's Government for ratification before the implementation.
The amendments to the approved overall plan for the use of the land must be re-approved by the original authorities.
　
Article 16 The overall plan for the use of the land in Shanghai must be compatible with the overall city planning.
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