Brief Introduction to the Implementation Regulations of the Land Management Law of the People's Republic of China

Decree number. People's Republic of China (PRC) the State Council No.256? Regulations on the Implementation of the Land Administration Law of the People's Republic of China? 》? It has been adopted at the12nd executive meeting of the State Council on February 24th, 1998, and is hereby promulgated, and shall come into force as of February 24th, 1999.

Full text of regulations

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).

Chapter II Land Ownership and Use Right

Article 2 The following land belongs to the whole people, that is, the state:

(1) Urban land;

(2) Land that has been expropriated, requisitioned or acquired as state-owned in rural areas and urban suburbs according to law;

(3) Land requisitioned by the state according to law;

(4) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;

(five) all the members of the rural collective economic organizations are turned into urban residents, and the land originally owned by its members collectively;

(6) Due to national migration, natural disasters and other reasons, after the collective organized land migration of farmers, the land that was originally owned by the relocated farmers and no longer used.

Article 3 The State shall practise a system of land registration and certification according to law. Land ownership and land use rights registered according to law are protected by law, and no unit or individual may infringe upon them.

The content of land registration and the style of land ownership certificate shall be uniformly stipulated by the land administrative department of the State Council.

Land registration information can be publicly inquired.

The confirmation of the ownership or use right of forest land and grassland, and the confirmation of the use right of water surface and beach culture shall be handled in accordance with the relevant provisions of the Forest Law, Grassland Law and Fisheries Law respectively.

Article 4 For the land collectively owned by peasants, the landowner shall apply to the land administrative department of the people's government at the county level where the land is located, and the people's government at the county level shall register it, issue a certificate of collective land ownership, and confirm the ownership.

If the land collectively owned by farmers is used for non-agricultural construction according to law, the land user shall apply to the land administrative department of the people's government at the county level where the land is located, and the people's government at the county level shall register it, issue a collective land use right certificate and confirm the right to use the construction land.

The municipal people's government with districts may uniformly register the land collectively owned by farmers within the municipal area.

Article 5 For state-owned land used by units and individuals according to law, the land user shall apply to the land administrative department of the people's government at or above the county level where the land is located, and the people's government at or above the county level shall register it, issue a certificate of state-owned land use right and confirm the right to use it. Among them, the registration and certification of state-owned land used by central state organs shall be the responsibility of the land administrative department of the State Council, and the specific registration and certification measures shall be formulated by the land administrative department of the State Council in conjunction with the the State Council Municipal Bureau of Organs Affairs and other relevant departments.

State-owned land with undetermined right to use shall be registered by the people's governments at or above the county level and shall be responsible for the protection and management.

Article 6 Where the ownership and use right of land are changed according to law, and the land use right is transferred according to law due to buildings, structures and other attachments on the ground, an application for land change registration must be submitted to the land administrative department of the people's government at or above the county level where the land is located, and the original land registration authority shall handle the registration of land ownership and use right change according to law. Changes in land ownership and use rights shall take effect from the date of registration of changes.

To change the land use according to law, it is necessary to apply to the land administrative department of the people's government at or above the county level where the land is located with the approval document, and the original land registration authority shall handle the registration of change according to law.

Seventh in accordance with the relevant provisions of the "land management law", the land use right of the land use unit is recovered, and the land registration is cancelled by the original land registration authority.

If the land user fails to apply for renewal or the application for renewal is not approved, the original land registration authority shall cancel the land registration.

Chapter III Overall Land Use Planning

Article 8 The overall national land use planning shall be compiled by the land administrative department of the State Council in conjunction with the relevant departments of the State Council and submitted to the State Council for approval.

The overall land use planning of provinces, autonomous regions and municipalities directly under the Central Government shall be compiled by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for approval.

The overall land use planning of the city where the people's governments of provinces and autonomous regions are located, the city with a population of 1 10,000 or more and the city determined by the State Council shall be compiled by the land administrative departments at the corresponding level and other relevant departments of the municipal people's governments, and shall be submitted to the State Council for approval after being examined and approved by the people's governments of provinces and autonomous regions.

General plans for land use other than those specified in the first, second and third paragraphs of this article shall be compiled by the land administrative departments at the same level and other relevant departments organized by the relevant people's governments and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval step by step; Among them, the overall land use planning of a township (town) is compiled by the township (town) people's government and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the people's governments of cities and autonomous prefectures with districts authorized by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval.

Article 9 The planning period of the overall land use planning is generally 15 years.

Article 10 According to the Land Management Law, the overall land use planning shall divide the land into agricultural land, construction land and unused land.

The overall land use planning at county level and township (town) shall, according to needs, delimit basic farmland protection areas, land reclamation areas, construction land areas and reclamation-forbidden areas, etc. Among them, the overall land use planning of townships (towns) should also determine the use of each piece of land according to the land use situation.

Specific measures for land classification and demarcation of land use areas shall be formulated by the land administrative department of the State Council in conjunction with relevant departments of the State Council.

Eleventh township (town) land use planning approved according to law, the township (town) people's government shall make an announcement within their respective administrative areas.

The announcement shall include the following contents:

(1) planning objectives; [ 1]

(2) planning period;

(3) Planning scope;

(4) the use of plots;

(five) the approval authority and the date of approval.

Article 12 According to the provisions of the second and third paragraphs of Article 26 of the Land Management Law, the overall land use planning shall be revised by the original organization according to the approval documents of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The revised overall land use plan shall be submitted to the original approval authority for approval.

After the revision of the master plan for land use at the next higher level, if it involves the revision of the master plan for land use at the next lower level, the people's government at the next higher level shall notify the people's government at the next lower level to make the corresponding revision and report it to the original approval authority for the record.

Thirteenth people's governments at all levels should strengthen the management of annual land use plans and control the total amount of construction land. Once the annual land use plan is approved and issued, it must be strictly implemented.

The annual land use plan shall include the following contents:

(a) agricultural land conversion plan indicators;

(2) cultivated land planning indicators;

(3) Indicators of land development and consolidation plan.

Fourteenth land administrative departments of the people's governments at or above the county level shall, jointly with relevant departments at the same level, conduct land surveys.

The land survey shall include the following contents:

(1) Land ownership;

(2) Present situation of land use;

(3) Land conditions.

The survey results of local land use status shall be announced to the public after being audited by the people's government at the same level and approved by the people's government at the next higher level; The results of the national land use survey shall be announced to the public after being reported to the State Council for approval. Land survey rules shall be formulated by the land administrative department of the State Council in conjunction with relevant departments of the State Council.

Fifteenth the State Council land administrative departments in conjunction with the relevant departments of the State Council to develop land grading standards.

The land administrative departments of the people's governments at or above the county level shall, jointly with the relevant departments at the same level, evaluate the land grade according to the land grade evaluation standards. The results of local land grading are audited by the people's government at the same level, approved by the land administrative department of the people's government at the next higher level, and announced to the public.

According to the national economic and social development, the land grade is adjusted every six years 1 time.

Chapter IV Protection of Cultivated Land

Article 16 Where urban planning and village and market town planning are implemented, cultivated land is occupied within the scope of construction land of cities, villages and market towns determined in the overall land use planning, or cultivated land is occupied by energy, transportation, water conservancy, mines and military facilities outside the scope of construction land determined in the overall land use planning, the people's governments of cities and counties, rural collective economic organizations and construction units shall be responsible for reclaiming cultivated land respectively in accordance with the provisions of Article 31 of the Land Management Law; Land reclamation fees shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government if the cultivated land that has no conditions for reclamation or reclamation does not meet the requirements.

Seventeenth units and individuals are prohibited from engaging in land development activities in the forbidden reclamation areas determined by the overall land use planning.

To develop state-owned barren hills, wasteland, wasteland and other land with uncertain land use rights for planting, forestry, animal husbandry and fishery production in the reclamation area determined in the overall land use planning, an application shall be submitted to the land administrative department of the local people's government at or above the county level where the land is located, and the local people's government at or above the county level shall approve it according to the authority prescribed by the province, autonomous region or municipality directly under the central government.

If the state-owned barren hills, wasteland and wasteland with undetermined land use rights are developed and engaged in farming, forestry, animal husbandry and fishery production, with the approval of the local people's government at or above the county level according to law, the development unit or individual may determine the long-term use, and the longest use period shall not exceed 50 years.

Eighteenth county and township (town) people's governments shall, according to the overall land use planning, organize rural collective economic organizations to formulate land consolidation plans and organize their implementation.

Local people's governments at all levels shall take measures to promote land consolidation according to the overall land use planning. 60% of the newly-increased cultivated land area in land consolidation can be used as compensation index to offset the cultivated land occupied by construction.

Land consolidation costs shall be borne by rural collective economic organizations and land users in accordance with the principle of who benefits and who bears.

Chapter V Folding of Construction Land

Nineteenth construction land, involving the conversion of agricultural land into construction land, should be in line with the overall land use planning and land use annual plan to determine the conversion of agricultural land; Where the construction of cities, villages and market towns occupies land and involves the conversion of agricultural land, it shall also conform to the urban planning and the planning of villages and market towns. Do not meet the requirements, shall not approve the conversion of agricultural land into construction land.

Twentieth in the overall land use planning to determine the scope of urban construction land, land occupation for the implementation of urban planning, in accordance with the following provisions:

(1) The municipal and county people's governments shall, according to the annual plan for land use, prepare plans for the conversion of agricultural land, supplementary cultivated land and land expropriation, and report them to the people's governments with the right of approval by stages.

(2) The land administrative department of the people's government with the right of approval shall examine the plans for conversion of agricultural land, supplementary cultivated land and land requisition, put forward examination opinions and report them to the people's government with the right of approval for approval; Among them, the plan of supplementary cultivated land is approved by the people's government that approved the plan of agricultural land conversion.

(3) After approval, the agricultural land conversion plan, supplementary cultivated land plan and land expropriation plan shall be organized and implemented by the municipal and county people's governments, and land shall be provided separately according to specific construction projects.

If the implementation of village and market town planning requires the occupation of land within the scope of construction land for villages and market towns determined in the overall land use planning, the municipal and county people's governments shall prepare plans for the conversion of agricultural land and supplementary cultivated land, and handle them in accordance with the procedures specified in the preceding paragraph.

Twenty-first specific construction projects need to use land, the construction unit shall apply for construction land according to the overall design of the construction project, and go through the formalities for examination and approval of construction land; Staged construction projects can apply for construction land by stages according to the scheme determined in the feasibility study report, and go through the relevant examination and approval procedures for construction land by stages.

Twenty-second specific construction projects need to occupy state-owned construction land within the scope of urban construction land determined by the overall land use planning, and shall be handled in accordance with the following provisions:

(a) when conducting a feasibility study of a construction project, the land administrative department shall review the relevant matters concerning the land used for the construction project and put forward a pre-trial report on the land used for the construction project; When the feasibility study report is submitted for approval, it must be accompanied by a pre-trial report on land use for construction projects issued by the land administrative department.

(II) The construction unit shall submit an application for construction land to the land administrative department of the people's government of the city or county with the relevant approval documents of the construction project, and the land administrative department of the people's government of the city or county shall review it, draw up a land supply plan and report it to the people's government of the city or county for approval; If the approval of the people's government at a higher level is needed, it shall be reported to the people's government at a higher level for approval.

(three) after the approval of the land supply plan, the municipal and county people's governments shall issue a letter of approval for construction land to the construction unit. Paid use of state-owned land, the land administrative departments of the people's governments of cities and counties and land users signed a contract for paid use of state-owned land; Where state-owned land is used by means of allocation, the land administrative department of the people's government of the city or county shall issue a decision on the allocation of state-owned land to the land users.

(4) Land users shall apply for land registration according to law.

Where the right to use state-owned construction land is provided by means of bidding or auction, the land administrative department of the people's government of the city or county shall, jointly with relevant departments, draw up a plan, which shall be organized and implemented by the land administrative department of the people's government of the city or county after being reported to the people's government of the city or county for approval, and sign a contract for paid use with the land users. Land users shall apply for land registration according to law.

Twenty-third specific construction projects need to use land, must apply for the use of state-owned construction land within the scope of urban construction land determined by the overall land use planning. Energy, transportation, water conservancy, mines, military facilities and other construction projects really need to use land outside the scope of urban construction land determined by the overall land use planning, involving agricultural land, in accordance with the following provisions:

(a) when conducting a feasibility study of a construction project, the land administrative department shall review the relevant matters concerning the land used for the construction project and put forward a pre-trial report on the land used for the construction project; When the feasibility study report is submitted for approval, it must be accompanied by a pre-trial report on land use for construction projects issued by the land administrative department.

(II) The construction unit shall submit an application for construction land to the land administrative department of the people's government of the city or county with the relevant approval documents of the construction project, and the land administrative department of the people's government of the city or county shall examine the application, formulate plans for agricultural land conversion, supplementary cultivated land, land acquisition plans and land supply plans (land acquisition plans are not prepared for state-owned agricultural land), and report them to the people's government with approval authority step by step after being examined by the people's government of the city or county; Among them, the supplementary cultivated land plan is approved by the people's government that approved the agricultural land conversion plan at the same time; The people's government that approves the land requisition for local cause of action shall approve the land requisition plan at the same time (if the state-owned agricultural land is involved, the people's government that approves the conversion of local cause of action agricultural land shall approve the conversion plan of agricultural land at the same time).

(3) After the plans for conversion of agricultural land, supplementary cultivated land, land expropriation and land supply are approved, the municipal and county people's governments shall organize their implementation, and issue a letter of approval for construction land to the construction unit. Paid use of state-owned land, the land administrative departments of the people's governments of cities and counties and land users signed a contract for paid use of state-owned land; Where state-owned land is used by means of allocation, the land administrative department of the people's government of the city or county shall issue a decision on the allocation of state-owned land to the land users.

(4) Land users shall apply for land registration according to law.

Construction projects really need to use land outside the scope of urban construction land determined by the overall land use planning, and only the land acquisition plan and land supply plan will be submitted for approval if it involves unused land owned by farmers collectively.

Twenty-fourth specific construction projects need to occupy the state-owned unused land as determined in the overall land use planning, which shall be handled in accordance with the provisions of provinces, autonomous regions and municipalities directly under the central government; However, national key construction projects, military facilities, construction projects across provinces, autonomous regions and municipalities directly under the Central Government, and land for other construction projects specified by the State Council shall be reported to the State Council for approval.

Article 25 After the land acquisition plan is approved according to law, it shall be implemented by the people's government of the city or county where the land is expropriated, and the land acquisition authority, approval number, use, scope and area of the expropriated land, land acquisition compensation standard, agricultural personnel resettlement method and time limit for handling land acquisition compensation shall be announced in the township (town) or village where the land is expropriated.

The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the people's government designated in the announcement. [ 1]

The land administrative department of the people's government of the city or county shall, according to the approved land acquisition plan, formulate the land acquisition compensation and resettlement plan jointly with relevant departments, make an announcement in the land-expropriated township (town) or village, and listen to the opinions of rural collective economic organizations and farmers. After the land requisition compensation and resettlement plan is approved by the municipal and county people's governments, it shall be organized and implemented by the land administrative departments of the municipal and county people's governments. Disputes over compensation standards shall be settled by the local people's governments at or above the county level through coordination; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. Disputes over land requisition compensation and resettlement will not affect the implementation of land requisition plan.

The land acquisition fee shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan.

Twenty-sixth land compensation fees are owned by rural collective economic organizations; Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops.

Resettlement subsidies for requisitioned land must be earmarked for special purposes and shall not be used for other purposes. Need to be resettled by rural collective economic organizations, resettlement subsidies paid to rural collective economic organizations, managed and used by rural collective economic organizations; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, the resettlement subsidy shall be paid to the individual or used to pay the insurance premium of the resettled person with the consent of the resettled person.

City, county and township (town) people's governments shall strengthen supervision over the use of resettlement subsidies.

Twenty-seventh emergency relief and other urgent need to use land, you can use the land first. Among them, if it belongs to temporary land, it should be restored to its original state after the disaster and handed over to the users of the restored land for use, and the land use examination and approval procedures will no longer be handled; Belonging to permanent construction land, the construction unit shall apply for completing the examination and approval procedures for construction land within 6 months after the disaster ends.

Twenty-eighth construction projects and geological exploration need to temporarily occupy cultivated land, land users should resume planting conditions within 0 years from the date of expiration of temporary land use.

Twenty-ninth ways of paid use of state-owned land include:

(a) the transfer of state-owned land use rights;

(2) Lease of state-owned land;

(three) the right to use state-owned land is invested or invested at a fixed price.

Thirtieth "land management law" provisions of article fifty-fifth of the new construction land use fees, refers to the average land net income that the state should obtain in the new construction land.

Folding Chapter VI Supervision and Inspection

Thirty-first land management supervision and inspection personnel shall receive training and pass the examination before they can engage in land management supervision and inspection.

Thirty-second land administrative departments to perform their duties of supervision and inspection, in addition to taking the measures stipulated in Article 67 of the Land Management Law, can also take the following measures:

(1) Asking the parties, suspects and witnesses of illegal cases;

(2) Entering the land illegally occupied by the inspected unit or individual to take photos and videos;

(three) to order the parties to stop the ongoing land violations;

(four) for units or individuals suspected of illegal land use, stop the relevant land approval and registration procedures; [ 1]

(5) Ordering the illegal suspect not to sell or transfer the property related to the case during the investigation.

Thirty-third in accordance with the provisions of the "land management law" seventy-second, given administrative sanctions, the land administrative department of the people's government at a higher level shall be ordered to make a decision on administrative punishment or directly give a decision on administrative punishment. The decision on administrative punishment for warning, demerit recording and gross demerit recording can be made directly by the land administrative department at a higher level; With regard to the decision on administrative punishment of demotion, dismissal or expulsion, the land administrative department at a higher level shall, in accordance with the provisions of the state on personnel management authority and handling procedures, put forward suggestions on administrative punishment to the relevant authorities, which shall handle it according to law.

Fold Chapter VII Legal Liability

Thirty-fourth in violation of the provisions of article seventeenth of these regulations, the land administrative department of the people's government at or above the county level shall order it to make corrections within a time limit in the prohibited reclamation area determined by the overall land use planning; If it fails to make corrections within the time limit, it shall be punished in accordance with the provisions of Article 76 of the Land Management Law.

Thirty-fifth permanent buildings and structures are built on temporary land, and the land administrative departments of the people's governments at or above the county level shall order them to be demolished within a time limit; If it is not removed within the time limit, the organ that has made the decision on punishment shall apply to the people's court for compulsory execution according to law.

Thirty-sixth land administrative departments of the people's governments at or above the county level shall order the reconstruction and expansion of buildings and structures that have been built before the formulation of the overall land use planning and do not meet the requirements of the overall land use planning to be demolished within a time limit; If it is not removed within the time limit, the organ that has made the decision on punishment shall apply to the people's court for compulsory execution according to law.

Article 37 Whoever obstructs the staff of the land administrative department from performing their duties according to law shall be given administrative penalties for public security or be investigated for criminal responsibility according to law.

Article 38 Where a fine is imposed in accordance with Article 73 of the Land Administration Law, the amount of the fine shall be less than 50% of the illegal income. [ 1]

Article 39 Where a fine is imposed in accordance with Article 81 of the Land Management Law, the amount of the fine shall be 5% to 20% of the illegal income.

Fortieth in accordance with the provisions of Article 74 of the Land Management Law, a fine of less than 2 times the land reclamation fee shall be imposed.

Article 41 Where a fine is imposed in accordance with Article 75 of the Land Administration Law, the amount of the fine shall be less than 2 times of the land reclamation fee.

Forty-second in accordance with the provisions of the "land management law" seventy-sixth fined, the amount of fines for illegal occupation of land per square meter of 30 yuan.

Article 43 Where a fine is imposed in accordance with Article 80 of the Land Management Law, the amount of the fine shall be illegal occupation of land per square meter1above 0 yuan and below 30 yuan.

Forty-fourth in violation of the provisions of article twenty-eighth, fails to restore the planting conditions, the land administrative departments of the people's governments at or above the county level shall be ordered to make corrections within a time limit, and may be fined less than 2 times the land reclamation fee.

Forty-fifth in violation of land management laws and regulations, obstruct the national construction of land requisition, land administrative departments of the people's governments at or above the county level shall be ordered to hand over the land; Those who refuse to hand over the land shall apply to the people's court for compulsory execution.

Fold Chapter VIII Supplementary Provisions

Article 46 These Regulations shall come into force on June 65438+June 65438+10/October +0. 199111The Regulations for the Implementation of the Land Administration Law of the People's Republic of China promulgated by the State Council on October 4th shall be abolished at the same time.