Regulations on the Implementation of the Land Administration Law of the People's Republic of China (Revised in 2011)
Regulations on the Implementation of the Land Administration Law of the People's Republic of China (Revised in 2011)
Regulations on the Implementation of the Land Administration Law of the People's Republic of China (Revised in 2011)
Order of the State Council of the People's Republic of China No.588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No. 256 on December 27, 1998; and revised according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Land Administration Law of the People's Republic of China(hereinafter referred to as the Land Administration Law for abbreviation).
Chapter II Land Ownership and Use Right
Article 2 The following land belongs to ownership by the entire people, that is, state ownership:
1.land in urban districts of municipalities;
2.land in rural areas and suburban districts of municipalities that have been confiscated, expropriated or purchased according to law and turned into state ownership;
3.land expropriated by the state according to law;
4.forest land, grassland, barren land, shoals and other land not under collective ownership according to law;
5.land previously under collective ownership by the members of a rural collective economic organization whose entire membership have become urban and township residents; and
6.land previously under collective ownership by the migrated peasants but no longer in use after the peasants' collective migration and shifting due to state-organized migration or natural disasters.
Article 3 The state practices the system of land registration and certificate issuance according to law. Land ownership and land use right registered according to law are protected by law upon which no unit or individual shall infringe.
Contents of land registration and format of land ownership certificate shall be uniformly prescribed by the competent department of land administration under the State Council.
Land registration information may be open to inquiry.
Confirmation of forest land and grassland ownership or use right and confirmation of use right for breeding and cultivation of water surface and shoals shall be processed pursuant to the relevant provisions of the Forestry Law, Prairie Law and Fishery Law respectively.
Article 4 For land under peasants' collective ownership, the land owners shall file an application for land registration with the competent department of land administration of people's government at the county level of the locality wherein the land is located, people's government at the county level shall enter a registration in the register, verify and issue a certificate of collective land ownership in confirmation of the ownership.
For land under peasants' collective ownership to be used for nonagricultural construction according to law, the land owners shall file an application for land registration with the competent department of land registration of people's government at the county level of the locality wherein the land is located, people's government at the county level shall enter a registration in the register, verify and issue a certificate of collective land use right in confirmation of the land use right for construction.
Municipal people's governments with subordinate districts may carry out uniform registration of land under peasants' collective ownership within districts under municipal jurisdiction.
Article 5 For state-owned land to be used by units or individuals according to law, the land users shall file an application for land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, the people's government above the county level shall enter a registration in the register, verify and issue a certificate of state owned land use right in confirmation of the use right. Among which, the competent department of land administration under the State Council shall be responsible for the registration and certificate issuance of use of state-owned land by organs of the Central Committee of the Chinese Communist Party and the state. Specific measures for registration and certificate issuance shall be worked out by the competent department of land administration under the State Council in conjunction with the General Affairs Administration for Organs under the State Council and other departments concerned. For state-owned land the use right of which is not determined, people's governments above the county level shall enter a registration in the register and be responsible for the protection and administration.
Article 6 Whoever changes in land ownership and use right according to law as a result of transfer according to law of such appendices as ground constructions and structures leading to the transfer of land use right, must file an application for change in land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, the original land registration organ shall effect the change in registration of land ownership and use right. The change in land ownership and use right takes effect as of the date of change in registration.
Whoever effects a change in land use according to law must, on the strength of the approval document, file an application for change in land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, and the original land registration organ shall make the change in registration according to law.
Article 7 The original land registration organ shall nullify the land registration for withdrawal of the land use right of a land use unit pursuant to the relevant provisions of the Land Administration Law.
The original land registration organ shall nullify the land registration when a land user fails to apply for extension or fails to win approval of the application for extension on expiry of the duration of use agreed upon in the contract for the paid-for use of land use right.
Chapter III Overall Planning for Land Utilization
Article 8 The national overall planning for land utilization shall be compiled by the competent department of land administration under the State Council in conjunction with the departments concerned under the State Council and submitted to the State Council for approval.
Overall planning for land utilization of the provinces, autonomous regions and municipalities directly under the Central Government shall be compiled by the competent departments of land administration and other departments concerned at the same level under the organization of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for approval.
Overall planning for land utilization of municipalities that are seats of people's governments of the provinces and autonomous regions, municipalities with a population of over one million and municipalities designated by the State Council shall be compiled by the competent departments of land administration and other departments concerned at the same level under the organization of people's governments of the respective municipalities and submitted to the State Council for approval upon examination and consent of people's governments of the provinces and autonomous regions.
Overall planning for land utilization beside those provided for in the First Paragraph, Second Paragraph and Third Paragraph of this
Article shall be compiled by the competent departments of land administration and other departments concerned at the same level under the organization of the people's governments concerned and submitted level by level to people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval; among which, village(township)overall planning for land utilization shall be compiled by village(township)people's governments and submitted level by level to people's governments of the provinces, autonomous regions and municipalities directly under the Central Government or people's governments of municipalities with subordinate districts and autonomous prefectures authorized by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval.
Article 9 The planning duration of overall planning for land utilization shall generally be 15 years.
Article 10 Overall planning for land utilization should, pursuant to the provisions of the Land Administration Law, classify land into agricultural land, land for construction and unutilized land.
County-level and village(township) overall planning for land utilization should, in accordance with requirements, delimit basic farmland protection zone, land reclamation zone, land for construction zone and reclamation prohibition zone, etc; among which, village(township) overall planning for land utilization should also, in the light of land use conditions, determine the use of each plot of land.
Specific measures for land classification and delimitation of land utilization zones shall be worked out by the competent department of land administration under the State Council in conjunction with the departments concerned under the State Council.
Article 11 Village(township) people's governments should make an announcement within the respective administrative areas upon approval of the village(township) overall planning for land utilization according to law.
The announcement should contain the following contents:
1.planning targets;
2.planning duration;
3.planning scope;
4.plot uses; and
5.approval organ and approval date.
Article 12 Revision of overall planning for land utilization pursuant to the provisions of the Second Paragraph and Third Paragraph of Article 26 of the Land Administration Law shall be made by the original compiling organ in accordance with the approval document of the State Council or people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
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Order of the State Council of the People's Republic of China No.588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No. 256 on December 27, 1998; and revised according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Land Administration Law of the People's Republic of China(hereinafter referred to as the Land Administration Law for abbreviation).
Chapter II Land Ownership and Use Right
Article 2 The following land belongs to ownership by the entire people, that is, state ownership:
1.land in urban districts of municipalities;
2.land in rural areas and suburban districts of municipalities that have been confiscated, expropriated or purchased according to law and turned into state ownership;
3.land expropriated by the state according to law;
4.forest land, grassland, barren land, shoals and other land not under collective ownership according to law;
5.land previously under collective ownership by the members of a rural collective economic organization whose entire membership have become urban and township residents; and
6.land previously under collective ownership by the migrated peasants but no longer in use after the peasants' collective migration and shifting due to state-organized migration or natural disasters.
Article 3 The state practices the system of land registration and certificate issuance according to law. Land ownership and land use right registered according to law are protected by law upon which no unit or individual shall infringe.
Contents of land registration and format of land ownership certificate shall be uniformly prescribed by the competent department of land administration under the State Council.
Land registration information may be open to inquiry.
Confirmation of forest land and grassland ownership or use right and confirmation of use right for breeding and cultivation of water surface and shoals shall be processed pursuant to the relevant provisions of the Forestry Law, Prairie Law and Fishery Law respectively.
Article 4 For land under peasants' collective ownership, the land owners shall file an application for land registration with the competent department of land administration of people's government at the county level of the locality wherein the land is located, people's government at the county level shall enter a registration in the register, verify and issue a certificate of collective land ownership in confirmation of the ownership.
For land under peasants' collective ownership to be used for nonagricultural construction according to law, the land owners shall file an application for land registration with the competent department of land registration of people's government at the county level of the locality wherein the land is located, people's government at the county level shall enter a registration in the register, verify and issue a certificate of collective land use right in confirmation of the land use right for construction.
Municipal people's governments with subordinate districts may carry out uniform registration of land under peasants' collective ownership within districts under municipal jurisdiction.
Article 5 For state-owned land to be used by units or individuals according to law, the land users shall file an application for land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, the people's government above the county level shall enter a registration in the register, verify and issue a certificate of state owned land use right in confirmation of the use right. Among which, the competent department of land administration under the State Council shall be responsible for the registration and certificate issuance of use of state-owned land by organs of the Central Committee of the Chinese Communist Party and the state. Specific measures for registration and certificate issuance shall be worked out by the competent department of land administration under the State Council in conjunction with the General Affairs Administration for Organs under the State Council and other departments concerned. For state-owned land the use right of which is not determined, people's governments above the county level shall enter a registration in the register and be responsible for the protection and administration.
Article 6 Whoever changes in land ownership and use right according to law as a result of transfer according to law of such appendices as ground constructions and structures leading to the transfer of land use right, must file an application for change in land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, the original land registration organ shall effect the change in registration of land ownership and use right. The change in land ownership and use right takes effect as of the date of change in registration.
Whoever effects a change in land use according to law must, on the strength of the approval document, file an application for change in land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, and the original land registration organ shall make the change in registration according to law.
Article 7 The original land registration organ shall nullify the land registration for withdrawal of the land use right of a land use unit pursuant to the relevant provisions of the Land Administration Law.
The original land registration organ shall nullify the land registration when a land user fails to apply for extension or fails to win approval of the application for extension on expiry of the duration of use agreed upon in the contract for the paid-for use of land use right.
Chapter III Overall Planning for Land Utilization
Article 8 The national overall planning for land utilization shall be compiled by the competent department of land administration under the State Council in conjunction with the departments concerned under the State Council and submitted to the State Council for approval.
Overall planning for land utilization of the provinces, autonomous regions and municipalities directly under the Central Government shall be compiled by the competent departments of land administration and other departments concerned at the same level under the organization of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for approval.
Overall planning for land utilization of municipalities that are seats of people's governments of the provinces and autonomous regions, municipalities with a population of over one million and municipalities designated by the State Council shall be compiled by the competent departments of land administration and other departments concerned at the same level under the organization of people's governments of the respective municipalities and submitted to the State Council for approval upon examination and consent of people's governments of the provinces and autonomous regions.
Overall planning for land utilization beside those provided for in the First Paragraph, Second Paragraph and Third Paragraph of this
Article shall be compiled by the competent departments of land administration and other departments concerned at the same level under the organization of the people's governments concerned and submitted level by level to people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval; among which, village(township)overall planning for land utilization shall be compiled by village(township)people's governments and submitted level by level to people's governments of the provinces, autonomous regions and municipalities directly under the Central Government or people's governments of municipalities with subordinate districts and autonomous prefectures authorized by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval.
Article 9 The planning duration of overall planning for land utilization shall generally be 15 years.
Article 10 Overall planning for land utilization should, pursuant to the provisions of the Land Administration Law, classify land into agricultural land, land for construction and unutilized land.
County-level and village(township) overall planning for land utilization should, in accordance with requirements, delimit basic farmland protection zone, land reclamation zone, land for construction zone and reclamation prohibition zone, etc; among which, village(township) overall planning for land utilization should also, in the light of land use conditions, determine the use of each plot of land.
Specific measures for land classification and delimitation of land utilization zones shall be worked out by the competent department of land administration under the State Council in conjunction with the departments concerned under the State Council.
Article 11 Village(township) people's governments should make an announcement within the respective administrative areas upon approval of the village(township) overall planning for land utilization according to law.
The announcement should contain the following contents:
1.planning targets;
2.planning duration;
3.planning scope;
4.plot uses; and
5.approval organ and approval date.
Article 12 Revision of overall planning for land utilization pursuant to the provisions of the Second Paragraph and Third Paragraph of Article 26 of the Land Administration Law shall be made by the original compiling organ in accordance with the approval document of the State Council or people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
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