Administrative Measures for the Overall Land Utilization Planning

Administrative Measures for the Overall Land Utilization Planning

Order of the Ministry of Land and Resources of the People's Republic of China No.72

May 8, 2017

The Administrative Measures for the Overall Land Utilization Planning, adopted at the first executive meeting of the Ministry of Land and Resources on May 2, 2017, are hereby promulgated with immediate effect.

Administrative Measures for the Overall Land Utilization Planning

(Adopted at the first executive meeting of the Ministry of Land and Resources on May 2, 2017)

Chapter I General Provisions

Article 1 For the purposes of implementing the development philosophy of innovation, harmony, green, opening-up and sharing, strengthening and standardizing administration of the overall land utilization planning, strictly protecting the arable land, and promoting the economical and intensive use of land, these Measures are formulated in accordance with the Land Administration Law of the People's Republic of China and the Regulations on the Implementation of the Land Administration Law of the People's Republic of China.

Article 2 The overall land utilization planning serves as an important part of the national spatial planning system and also functions as the key basis for imposing land use control, protecting land resources, and coordinating various land utilization activities.
A wide range of plans in respect of urban and rural development, regional development, infrastructure construction, industrial development, eco-environmental protection, exploration and exploitation of mineral resources which relate to the land utilization, shall be linked up to the overall land utilization plans.

Article 3 These Measures shall apply to the formulation, examination and implementation of overall land utilization plans, the revisions thereto, and the supervision and inspections thereof.

Article 4 Any entity or individual that makes prominent achievements in the administration of overall land utilization plans as well as in the relevant scientific studies thereof will be commended and awarded by the competent authority of land and resources.

Chapter II Formulation of Plans

Article 5 The overall land utilization plans are divided into five levels, i.e. the national level, provincial level, city level, county level, and township level.
A land utilization plan for villages is a critical component of the overall land utilization plan for towns.

Article 6 The formulation of overall land utilization plans shall be organized by people's government at all levels according to the law, and be undertaken by the competent authorities of land and resources. The competent authorities of land and resources in concert with related departments prepare the overall land utilization plans at the corresponding level and examine overall land utilization plans at a lower level.
Overall land utilization plans shall be formulated under principles of being organized by the government, led by experts, cooperating by multiple departments and participated by the general public.

Article 7 Before the formulation of an overall land utilization plan commences, the competent authorities of land and resources shall evaluate how well the existing plans are implemented, collect materials on the results of fundamental surveys and land surveys, research on major issues and complete other preparatory work.

Article 8 The competent authorities of land and resources shall, in accordance with the requirements of the national economic and social development plan, organize the formulation of outlines for the overall land utilization plans based on the planning for major function zones, territorial planning and national development strategies, depending on the status quo regarding land utilization.
The outline of an overall land utilization plan shall include the following contents:
1. Background of the planning;
2. Present situations on land utilization and evaluation thereof;
3. Guiding thoughts and principles;
4. Strategic positioning and objectives regarding land utilization;
5. Size, structure and overall distribution of lands utilized; and
6. Measures to put in place the plan.
Whether it is necessary to prepare the outline of an overall land utilization plan for a town shall be determined by the competent authority of land and resources of a city or autonomous prefecture with districts in accordance with local realities.

Article 9 Local competent authorities of land and resources above the county level shall formulate the overall land utilization plans pursuant to approved outlines for the overall land utilization plans.
Overall land utilization plans at the township level may be formulated simultaneously with the overall land utilization plans for the counties where the towns are situated.

Article 10 During the process of formulating overall land utilization plan, competent authorities of land and resources shall organize experts in certain areas to carry out thematic studies and argumentation over major issues involving the following topics, such as land resource protection and sustainable development, economical and intensive use of land, optimization of land use structure and layout, protection and development of land ecological environment, etc.

Article 11 Competent authorities of land and resources shall, under the leadership of the people's governments at the same level, establish a mechanism to coordinate all departments that participate in the formulation of overall land utilization plans, so as to solicit opinions from the related departments.

Article 12 With regard to any major issues arising during the formulation of overall land utilization plans, the competent authorities of land and resources may seek solutions from the general public through different ways, as the case may be.
As to any contents of a plan that directly relate to the legitimate rights and interests of citizens, legal persons and other organizations, public comments shall be solicited by means of an announcement, hearing or otherwise.
Where an announcement is released for public comments, the announcement shall last for at least 30 days.
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