Request the "Land Management Law" promulgated in 1986.

Land Management Law of the People's Republic of China (1986 Edition)

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(Adopted at the 16th meeting of the Standing Committee of the Sixth National People's Congress on June 25, 1986)

Chapter 1 General Provisions

Article 1 This law is formulated in order to strengthen land management, maintain socialist public ownership of land, protect and develop land resources, rationally utilize land, effectively protect cultivated land, and meet the needs of socialist modernization.

Article 2 The People’s Republic of China implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working people. No unit or individual may appropriate, buy, sell, lease, or otherwise illegally transfer land. For the needs of public interests, the state may expropriate collectively owned land in accordance with the law. The right to use state-owned land and collectively-owned land can be transferred in accordance with the law. The specific methods for the transfer of land use rights shall be separately stipulated by the State Council. The state implements a system of paid use of state-owned land in accordance with the law. Specific measures for the paid use of state-owned land shall be separately stipulated by the State Council.

Article 3 People's governments at all levels must implement the policy of cherishing and rationally utilizing land, comprehensively plan, strengthen management, protection, and development of land resources, and stop the indiscriminate occupation of cultivated land and the abuse of land.

Article 4 Units and individuals that have made outstanding achievements in protecting and developing land resources, rationally utilizing land, and conducting relevant scientific research shall be rewarded by the people's government.

Article 5 The land administration department of the State Council is responsible for the unified management of land nationwide. The land management departments of local people's governments at or above the county level are responsible for the unified management of land within their own administrative regions, and the organizational structure is determined by provinces, autonomous regions, and municipalities directly under the Central Government based on actual conditions. Township-level people's governments are responsible for land management within their own administrative regions.

Chapter 2 Ownership and Use Rights of Land

Article 6 Land in urban areas belongs to the whole people, that is, to the state.

Land in rural areas and urban suburbs, except for state ownership as stipulated by law, is collectively owned; homestead land, private land, and private hills are collectively owned.

Article 7 State-owned land may be designated for use by units owned by the whole people or collectively owned units in accordance with the law, and state-owned land and collectively owned land may be designated for use by individuals in accordance with the law. Units and individuals using land have the obligation to protect, manage and rationally utilize the land.

Article 8 Collectively owned land is collectively owned by village farmers in accordance with the law, and is operated and managed by agricultural collective economic organizations such as village agricultural production cooperatives or village committees. What is already owned by the township farmers' collective economic organization can be owned by the township farmers' collective.

If the land collectively owned by farmers in a village has been owned by more than two agricultural collective economic organizations in the village, it can be collectively owned by farmers of each agricultural collective economic organization.

Article 9 Collectively owned land shall be registered and registered by the county-level people's government, and a certificate shall be issued to confirm ownership.

State-owned land used by units owned by the whole people, collectively owned units and individuals in accordance with the law shall be registered and registered by the local people's government at or above the county level, and certificates shall be issued to confirm the right to use it. Confirmation of ownership or use rights of forest land and grassland, and confirmation of aquaculture use rights of water surfaces and tidal flats shall be handled in accordance with the relevant provisions of the Forest Law, Grassland Law and Fisheries Law respectively.

Article 10 If the ownership or use rights of land are changed in accordance with the law, the land ownership change registration procedures must be completed and the certificate must be replaced.

Article 11 The ownership and use rights of land are protected by law and shall not be infringed upon by any unit or individual.

Article 12 Collectively owned land, units owned by the whole people, and state-owned land used by collectively owned units may be contracted and operated by collectives or individuals for agricultural, forestry, animal husbandry, and fishery production.

Collectives or individuals who contract to operate land have the obligation to protect and reasonably utilize the land in accordance with the purposes specified in the contract. The right to contract and manage land is protected by law.

Article 13 Disputes over land ownership and use rights shall be resolved through negotiation between the parties; if the negotiation fails, it shall be handled by the people's government. Disputes over land ownership and use rights between units owned by the whole people, between units under collective ownership, and between units owned by the whole people and units under collective ownership shall be handled by the people's governments at or above the county level. Disputes over land use rights between individuals, or between individuals and units owned by the whole people or collectively owned, shall be handled by the people's government at the township level or the people's government at the county level.

If the party concerned is dissatisfied with the handling decision of the relevant people's government, he may file a lawsuit in the People's Court within 30 days from the date of receiving the notification of the handling decision. Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of the land or destroy attachments on the land.

Chapter 3 Land Utilization and Protection

Article 14 The state establishes a land survey and statistics system. The land management departments of the people's governments at or above the county level shall conduct land surveys and statistics in conjunction with relevant departments.

Article 15 People's governments at all levels shall prepare overall land use plans, and the overall land use plans of local people's governments shall be implemented with the approval of the people's government at the higher level.

Article 16 Urban planning and overall land use planning shall be coordinated and utilized in compliance with urban regulations. Within the safety zones of rivers and lakes, land use shall comply with the comprehensive development and utilization plan of rivers and lakes.

Article 17 The development of state-owned barren mountains, wasteland, and tidal flats for agriculture, forestry, animal husbandry, and fishery production must be approved by the people's government at or above the county level and may be designated for use by the development unit.

Article 18 For land that can be restored to reclamation after mining or land acquisition, the land-using unit or individual shall be responsible for reclamation and restoration of utilization.

Article 19: If state-owned land is used under any of the following circumstances, the land management department shall report it to the people's government at or above the county level for approval, take back the land use rights of the land-using unit, and cancel the land use certificate:

1. The land user has been canceled or relocated; 2. The land has not been used for two consecutive years without the consent of the original approving authority; 3. Failure to comply with the approval Used for specific purposes;

4. Highways, railways, airports, mines, etc. have been scrapped after approval.

Article 20 People's governments at all levels shall take measures to protect cultivated land, maintain drainage and irrigation engineering facilities, improve soil, increase soil fertility, prevent and control land desertification, salinization, water and soil erosion, and prevent the abandonment and destruction of cultivated land. Behavior. Land must be used economically in national construction and township and village construction. If wasteland can be used, cultivated land must not be occupied. If bad land can be used, good land must not be occupied.

Chapter 4 Land for National Construction

Article 21 The state needs to requisition or use collectively owned land to carry out economic, cultural, and national defense construction and to establish social public institutions. For state-owned land, it shall be handled in accordance with the provisions of this chapter.

Article 22 In accordance with national regulations, national construction projects that are included in the national fixed assets investment plan or are allowed to be constructed can only apply for land after approval.

Article 23: When requisitioning land for national construction, the construction unit must present the design task letter or other approval documents approved by the competent department of the State Council or the local people's government at or above the county level in accordance with the national capital construction procedures. The land management department of the local people's government submits an application, and after review and approval by the people's government at or above the county level, the land management department will allocate the land. When land is requisitioned for national construction, the unit whose land is requisitioned shall obey the needs of the state and shall not obstruct it.

Article 24 The ownership of collectively owned land requisitioned for national construction belongs to the state, and the land-using unit only has the right to use it.

Article 25 The requisition of more than 1,000 acres of cultivated land and more than 2,000 acres of other land for state construction shall be subject to approval by the State Council.

The requisition of land within the administrative areas of provinces and autonomous regions shall be approved by the people's governments of the provinces and autonomous regions; the requisition of cultivated land less than 3 acres and other land less than 10 acres shall be approved by the county-level people's governments; the approval authority of the people's governments of provincial cities and autonomous prefectures shall be determined by Decision of the Standing Committee of the People's Congress of the province or autonomous region. The requisition of land within the administrative area of ??a municipality shall be approved by the Municipal People's Government; the approval authority of the Municipal People's Government and the County People's Government shall be determined by the Standing Committee of the Municipal People's Congress.

Article 26 The land required for a construction project shall be approved in one application based on the overall design and shall not be divided into parts. For projects constructed in phases, land shall be acquired in phases and shall not be acquired first for use. For the land required for the construction of railways, highways, oil and water pipelines and other pipelines, you can apply for approval in sections and go through the land acquisition procedures.

Article 27: When land is requisitioned for state construction, the land-using unit shall pay land compensation fees. The compensation fee for requisitioned farmland shall be 3 to 6 times the average annual output value of the three years before the farmland was requisitioned. The standards of compensation fees for the requisition of other land shall be stipulated by the provinces, autonomous regions and municipalities with reference to the standards of compensation fees for the requisition of cultivated land.

The compensation standards for attachments and young crops on the expropriated land shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government. When requisitioning vegetable plots in urban suburbs, the land-using unit shall pay a fund for the development and construction of new vegetable plots in accordance with relevant national regulations.

Article 28 When land is requisitioned for national construction, the land-using unit shall pay resettlement subsidies in addition to compensation fees. The resettlement subsidy for requisitioned cultivated land shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of acquired cultivated land by the average amount of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled shall not exceed 10 times the average annual output value of the three years before the expropriation. The resettlement subsidy standards for the requisition of other land shall be stipulated by the provinces, autonomous regions and municipalities with reference to the resettlement subsidy standards for the requisition of cultivated land.

Article 29: The payment of land compensation fees and resettlement subsidies in accordance with the provisions of Articles 27 and 28 of this Law cannot enable the farmers who need to be resettled to maintain their original living standards. , with the approval of the people's government of the province, autonomous region, or municipality directly under the Central Government, the resettlement subsidy may be increased. However, the total of land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the three years before the land is acquired.

Article 30. Various compensation fees and resettlement subsidies for land requisitioned by the state for construction, except for compensation fees for personal attachments and young crops on the requisitioned land, shall be paid to the individual concerned. The development of production and the arrangement of employment of redundant labor force caused by land requisition and production subsidies for those who cannot be employed shall not be used for other purposes, and no unit or individual may occupy it.

Article 31 For the surplus labor force caused by land requisition for national construction, the land management department of the local people's government at or above the county level shall organize the land-expropriated units, land-using units and related units to develop agricultural and sideline industry production and organize Township and village enterprises and other local channels can be used for resettlement; if the resettlement cannot be completed, qualified personnel can be arranged to be employed in local units or other collectively owned units or units owned by the whole people, and the corresponding resettlement subsidies can be transferred to units that absorb labor. . If all the land of the land-expropriated unit is requisitioned, the original agricultural household registration can be converted into a non-agricultural household registration. The original collectively owned property and compensation and resettlement subsidies shall be agreed upon between the local people's governments at or above the county level and the relevant towns and villages, and shall be used to organize production and provide living subsidies for those who cannot be employed, and shall not be shared privately.

Article 32 The compensation standards and resettlement measures for land requisitioned for the construction of large and medium-sized water conservancy and hydropower projects shall be stipulated by the National Bank of the State Council.

Article 33 If the construction of engineering projects requires material storage yards, transportation access roads and other temporary facilities, they shall be arranged within the scope of the acquired land as much as possible. If it is really necessary to add additional temporary land, the construction unit shall submit an application for the quantity and period of temporary land use by the authority that approves the land use for the project. After approval, a temporary land use agreement shall be signed with the agricultural collective economic organization, and the land shall be allocated according to the average annual output value of the land in the previous three years. Compensation will be provided year by year.

No permanent structures may be constructed on land temporarily used. Upon expiration of the use period, the construction unit shall restore the production conditions of the land and return it in a timely manner. If temporary use of land is required for erecting above-ground lines, laying underground pipelines, constructing other underground projects, conducting geological exploration, etc., it shall be approved by the local people's government at the county level and compensation shall be provided in accordance with the provisions of the preceding paragraph. If the construction unit needs to conduct land survey in order to select a construction site, it must obtain the consent of the local county-level people's government. If losses are caused, appropriate compensation must be provided.

Article 34 If state-owned barren hills, wasteland and state-owned land used by other units are used for state construction, they shall be allocated after approval in accordance with the procedures and approval authority for land acquisition for state construction. The use of state-owned barren mountains and wasteland will be allocated free of charge. If the original user suffers losses when using state-owned land used by other units, the construction unit shall provide appropriate compensation; if the original user needs to relocate, the construction unit shall be responsible for the relocation

Article 35 Urban Collective Ownership Units If land is required for construction, it shall be handled in accordance with the provisions of this chapter.

Article 36 Enterprises owned by the whole people and joint ventures jointly invested by urban collective ownership and agricultural collective economic organizations that need to use collectively owned land must obtain approval from the competent department of the State Council or county-level The local people's governments above shall submit an application to the land management department of the local people's government at or above the county level in accordance with the design brief or other approval documents approved by the national capital construction procedures, and shall obtain approval from the people's government at or above the county level in accordance with the approval authority for land expropriation for national construction; The land that has been approved for use can be requisitioned in accordance with the national land acquisition regulations for construction, or the agricultural collective economic organization can use the land use rights as a joint venture condition in accordance with the agreement.

Chapter 5 Township (Town) and Village Construction Land

Article 37 Township (Town) and Village Construction shall formulate plans in accordance with the principles of sample layout and land conservation, and shall be approved by the county level The People's Government shall approve and implement the township (town) and village construction plans within the urban planning area upon approval and implementation by the Municipal People's Government. The construction of rural residents' residences, the construction of township (town) and village enterprises, the construction of township (town) and village public facilities and public welfare undertakings, and other township (town) and village construction shall be carried out in accordance with the township (town) and village construction plans.

Article 38 Rural residents shall use the original homestead and vacant land in the village to build residences. The use of cultivated land must be reviewed by the people's government at the township level and then reported to the people's government at the county level for approval; the use of original homesteads, vacant land in the village and other land must be approved by the people's government at the township level. The land used by rural residents to build residences must not exceed the standards stipulated by provinces, autonomous regions, and municipalities directly under the Central Government. If you sell or rent your house and then apply for a homestead, your application will not be approved.

Article 39 If a township (town) or village enterprise needs to use land for construction, it must submit the design task letter or other approval documents approved by the local people's government at or above the county level to the land management department of the county-level people's government. Applications submitted shall be approved by the local people's government at or above the county level in accordance with the approval authority stipulated by the province, autonomous region, or municipality directly under the Central Government. Construction land used by township (town) and village enterprises must be strictly controlled. Provinces, autonomous regions, and municipalities directly under the Central Government may separately stipulate land use standards based on the different industries and business scales of township (town) and village enterprises. If a township (town)-run enterprise uses land collectively owned by village farmers for construction, it shall provide appropriate compensation to the unit using the land in accordance with the regulations of the province, autonomous region, and municipality directly under the Central Government, and properly arrange the farmers' production and life.

Article 40 If land is not required for the construction of public facilities and public welfare undertakings in townships (towns) and villages, an application must be submitted to the land management department of the county-level people's government after review by the township-level people's government. The approval authority specified by provinces, autonomous regions, and municipalities directly under the Central Government shall be approved by the people's governments at or above the county level.

Article 41 If urban non-agricultural registered residents need to use collectively owned land to build residences, they must be approved by the people's government at the county level. The land area cannot exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government, and Compensation fees and resettlement subsidies shall be paid in accordance with national construction land standards.

Article 42: Local people's governments at all levels may formulate construction land control indicators for townships (towns) and villages, and submit them to the people's government at the next higher level for approval and implementation.

Chapter 6 Legal Responsibilities

Article 43 If a unit owned by the whole people or a unit owned by urban collectives illegally occupies land without approval or uses deceptive means to obtain approval, it shall be ordered to return the illegally owned land. The occupied land shall be demolished within a time limit or the newly built buildings and other facilities on the illegally occupied land shall be confiscated and fined; the person in charge of the unit that illegally occupies the land shall be subject to administrative sanctions by his or her unit or the superior authority. If more land is occupied than the approved amount, the excess land will be treated as illegally occupied land.

Article 44 If a township (town) or village enterprise illegally occupies land without approval or uses deceptive means to obtain approval, it shall be ordered to return the illegally occupied land, dismantle it within a time limit, or confiscate the illegally occupied land. New buildings and other facilities may also be fined.

If more land is occupied than the approved amount, the excess land will be treated as illegally occupied land.

Article 45 If a rural resident illegally occupies land to build a residence without approval or uses deceptive means to obtain approval, he or she shall be ordered to return the illegally occupied land and demolish it within a time limit or confiscate the newly built building on the illegally occupied land. houses.

Article 46 If urban non-agricultural registered residents illegally occupy land to build residences without approval or use deceptive means to obtain approval, they shall be ordered to return the illegally occupied land, demolish it within a time limit, or confiscate the illegally occupied land on newly built houses. If a state functionary takes advantage of his authority to illegally occupy land to build residential buildings without approval or by deceptive means, he shall be ordered to return the illegally occupied land, demolish the newly built houses on the illegally occupied land within a time limit, or confiscate the newly built houses on the illegally occupied land and replace them with the property of his or her unit or The superior authority shall impose administrative sanctions.

Article 47 If land is bought, sold, leased or transferred illegally in other forms, the illegal gains will be confiscated and demolished or confiscated within a time limit. For newly built buildings and other facilities on land that is bought, sold, leased or illegally transferred in other forms, the parties concerned may be fined; the person in charge shall be given administrative sanctions by his or her unit or the superior authority.

Article 48 If a unit or individual who has no authority to approve the requisition or use of land illegally approves the occupation of land, or exceeds the approval authority and illegally approves the occupation of land, the approval document shall be invalid, and the supervisor of the unit that illegally approves the occupation of land shall Personnel or individuals shall be subject to administrative sanctions by their units or superior authorities; those who accept bribes shall be investigated for criminal liability in accordance with the relevant provisions of the Criminal Law. Land illegally approved for occupation shall be treated as illegally occupied land.

Article 49: Compensation fees and resettlement subsidies paid by superior units or other units that illegally occupy the expropriated land shall be ordered to return the compensation and may be fined, and the person in charge shall be given administrative sanctions by the unit where he/she works or the superior authority. ; Individuals who illegally occupy the property will be punished as corruption.

Article 50 If the land is temporarily used in accordance with the provisions of Article 33 of this Law and is not returned upon expiration of the period, the land use rights shall be taken back in accordance with the provisions of Article 19 of this Law and the land use rights are refused to be surrendered. Those who cede land shall be ordered to return the land and shall be fined.

Article 51 Violates legal provisions by digging, digging, quarrying, mining, etc. on cultivated land, causing the cultivated land to lose planting conditions, or developing the land, resulting in land desertification, salinization, or If there is water and soil erosion, it shall be ordered to be rectified within a time limit and a fine may be imposed.

Article 52 The administrative penalties stipulated in this Law shall be decided by the land management department of the local people's government at or above the county level. The administrative penalties stipulated in Article 45 of this Law may be decided by the people's government at the township level. If the party concerned is dissatisfied with the administrative penalty decision, he may file a lawsuit with the People's Court within 15 days from the date of receiving the notice of the penalty decision; if the party fails to file a lawsuit and fails to perform the penalty within the time limit, the agency that made the penalty decision shall apply to the People's Court for compulsory enforcement. Units and individuals who are punished for demolishing newly built buildings and other facilities within a time limit must stop construction immediately. If construction continues, the authority that makes the penalty decision has the right to stop it. Anyone who refuses or hinders land management staff from performing their duties in accordance with the law shall be punished in accordance with the relevant provisions of the Public Security Management Penalty Regulations.

Article 53: Anyone who infringes upon the ownership or use rights of land shall be ordered by the land management department of the local people's government at or above the county level to stop the infringement and compensate for the losses; if the party concerned is dissatisfied with the decision, he may be ordered to stop the infringement after receiving the decision. File a lawsuit in the People's Court within 30 days from the date of notification of the decision. The infringed party may also file a lawsuit directly with the People's Court.

Article 54: In the process of changing the ownership and use rights of land and resolving disputes over land ownership and use rights, offering bribes, accepting bribes, extortion, embezzlement, stealing state or collective property, or Anyone who incites the masses to cause trouble or obstruct national construction, thus constituting a crime, shall be held criminally responsible in accordance with the relevant provisions of the Criminal Law.

Chapter 7 Supplementary Provisions

Article 55 The management measures for the use of land by Sino-foreign joint ventures, Sino-foreign cooperative enterprises and foreign-funded enterprises shall be separately formulated by the State Council.

Article 56 The land administration department of the State Council shall formulate implementation regulations in accordance with this Law and submit them to the State Council for approval and implementation. The standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate implementation measures in accordance with this Law.

Article 57 This Law shall come into effect on January 1, 1987. The "Regulations on the Management of Land for Housing Construction in Villages and Towns" promulgated by the State Council on February 13, 1982 and the Regulations on the Management of Land for Housing Construction promulgated by the State Council on May 14, 1982 The promulgated Regulations on Land Acquisition for National Construction shall be abolished at the same time.