The latest land law in 2010

Land Management Law (latest full text)

Contents

Chapter 1 General Provisions

Chapter 2 Ownership and Use Rights of Land< /p>

Chapter 3 Land Use Master Planning

Chapter 4 Cultivated Land Protection

Chapter 5 Construction Land

Chapter 6 Supervision and Inspection< /p>

Chapter 7 Legal Responsibilities

Chapter 8 Supplementary Provisions

Chapter 1 General Provisions

Article 1 In order to strengthen land management and maintain land This law is formulated in accordance with the Constitution to establish socialist public ownership, protect and develop land resources, rationally utilize land, effectively protect cultivated land, and promote sustainable social and economic development.

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.

It is owned by the whole people, that is, the ownership of state-owned land is exercised by the State Council on behalf of the state.

No unit or individual may appropriate, buy, sell, or otherwise illegally transfer land. Land use rights can be transferred according to law.

For the needs of public interests, the state may expropriate or expropriate land in accordance with the law and provide compensation.

The state implements a system of paid use of state-owned land in accordance with the law. However, this is an exception where the state allocates state-owned land use rights within the scope prescribed by law.

Article 3 It is my country’s basic national policy to cherish and rationally utilize land and effectively protect cultivated land. People's governments at all levels should take measures to comprehensively plan, strictly manage, protect and develop land resources, and stop illegal occupation of land.

Article 4 The state implements a land use control system.

The state prepares an overall land use plan, stipulates land uses, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of construction land, and implement special protection for cultivated land.

The agricultural land referred to in the preceding paragraph refers to the land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water utilization land, breeding water surface, etc.; construction land refers to the land used to construct buildings and structures. Including land for urban and rural residential and public facilities, industrial and mining land, land for transportation and water conservancy facilities, land for tourism, land for military facilities, etc.; unused land refers to land other than agricultural land and construction land.

Units and individuals using land must use the land strictly in accordance with the purposes determined in the overall land use plan.

Article 5 The land administration department of the State Council is responsible for the unified management and supervision of land nationwide.

The establishment and responsibilities of the land administration departments of local people's governments at or above the county level shall be determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with relevant provisions of the State Council.

Article 6 Any unit or individual has the obligation to abide by land management laws and regulations, and has the right to report and accuse violations of land management laws and regulations.

Article 7 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.

Chapter 2 Ownership and Use Rights of Land

Article 8 Land in urban areas belongs to the state.

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

Article 9 State-owned land and land collectively owned by farmers can be designated for use by units or individuals in accordance with the law. Units and individuals that use land have the obligation to protect, manage and rationally utilize the land.

Article 10 If the land collectively owned by farmers is owned by the collective of village farmers in accordance with the law, it shall be operated and managed by the village collective economic organization or village committee; If it is owned by rural collective economic organizations or villagers' groups in the village, it should be operated and managed by the rural collective economic organizations of the township (town).

Article 11 Land collectively owned by farmers shall be registered and registered by the people's government at the county level, and certificates shall be issued to confirm ownership.

If the land collectively owned by farmers is used for non-agricultural construction in accordance with the law, the county-level people's government will register it and issue a certificate to confirm the right to use the land for construction.

State-owned land used by entities and individuals in accordance with the law shall be registered and registered by the people's government at or above the county level, and certificates shall be issued to confirm the right to use it; among them, the specific registration and certification authority for state-owned land used by central state agencies shall be The State Council confirms.

To confirm the ownership or use rights of forest land and grassland, and to confirm the aquaculture use rights of water surfaces and tidal flats, they shall be in accordance with the "Forest Law of the People's Republic of China" and the "Grassland Law of the People's Republic of China" respectively. " and the relevant provisions of the "Fisheries Law of the People's Republic of China".

Article 12 If the ownership and use of land are changed in accordance with the law, the land change registration procedures must be completed.

Article 13 The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.

Article 14 The land collectively owned by farmers shall be contracted and managed by members of the collective economic organization for planting, forestry, animal husbandry and fishery production. The land contract operation period is thirty years. The contract issuing party and the contractor shall enter into a contract to stipulate the rights and obligations of both parties. Farmers who contract to operate land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract. Farmers' land contract management rights are protected by law.

During the period of land contract management, appropriate adjustments to the land contracted between individual contractors must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives. And report to the township (town) people's government and the agricultural administrative department of the county-level people's government for approval.

Article 15 State-owned land can be contracted and managed by units or individuals for planting, forestry, animal husbandry, and fishery production. Land collectively owned by farmers can be contracted and managed by units or individuals other than the collective economic organization to engage in planting, forestry, animal husbandry, and fishery production. The contract issuing party and the contractor shall enter into a contract to stipulate the rights and obligations of both parties. The term of land contract operation is stipulated in the contract contract. Units and individuals who contract to operate land have the obligation to protect and reasonably utilize the land in accordance with the purposes agreed in the contract.

If the land collectively owned by farmers is contracted and managed by units or individuals other than the collective economic organization, the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives must be obtained and reported to the township ( Town) People's Government approved.

Article 16 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 between units shall be handled by the people's government at or above the county level; disputes between individuals or between individuals and units shall be handled by the people's government at the township level or the people's government at or above 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 thirty days from the date of receiving the notification of the handling decision.

No party may change the status quo of land use before the dispute over land ownership and use rights is resolved.

Chapter 3 Overall Land Use Planning

Article 17 People’s governments at all levels shall, in accordance with the national economic and social development plans, requirements for land consolidation and resource and environmental protection, and land supply capacity As well as the demand for land for various construction projects, organize the preparation of an overall land use plan.

The planning period of the overall land use plan shall be stipulated by the State Council.

Article 18 The overall land use plan at a lower level shall be prepared based on the overall land use plan at the upper level.

The total amount of construction land in the overall land use plan prepared by local people's governments at all levels shall not exceed the control indicators determined by the overall land use plan at the upper level, and the amount of cultivated land shall not be lower than the overall land use plan at the upper level. Control indicators determined by the plan. The overall land use plans prepared by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall ensure that the total amount of cultivated land within their respective administrative regions does not decrease.

Article 19 The overall land use plan shall be prepared in accordance with the following principles:

(1) Strictly protect basic farmland and control the occupation of agricultural land by non-agricultural construction;

(2) Improve land utilization;

(3) Make overall arrangements for various types and regions of land;

(4) Protect and improve the ecological environment and ensure the sustainable use of land;

(5) Balance the occupation of cultivated land with the development and reclamation of cultivated land.

Article 20 The overall land use plan at the county level shall divide the land use areas and clarify the land uses.

The overall land use plan of the township (town) should divide the land use areas, determine the use of each piece of land according to the land use conditions, and make an announcement.

Article 21 The overall land use plan shall be subject to graded examination and approval.

The overall land use planning of provinces, autonomous regions and municipalities shall be submitted to the State Council for approval.

The overall land use plans of cities where the people's governments of provinces and autonomous regions are located, cities with a population of more than one million, and cities designated by the State Council shall be submitted to the State Council for approval after being reviewed and approved by the people's governments of provinces and autonomous regions.

The overall land use plans other than those specified in paragraphs 2 and 3 of this article shall be submitted to the people's governments of provinces, autonomous regions, and municipalities for approval step by step; among them, the overall land use plans of townships (towns) may be submitted to the provincial people's governments for approval. Approved by the people's government of the districted city or autonomous prefecture authorized by the government.

Once the overall land use plan is approved, it must be strictly implemented.

Article 22 The scale of urban construction land shall comply with the standards stipulated by the state, make full use of existing construction land, and occupy no or as little agricultural land as possible.

The overall urban plan, village and market town planning should be connected with the overall land use plan. The scale of construction land in the urban overall plan, village and market town plan shall not exceed the city, village and market town determined by the overall land use plan. Size of construction land.

Within the urban planning area, village and market town planning area, the construction land of cities, villages and market towns shall comply with the urban planning, village and market town planning.

Article 23 The comprehensive management and development and utilization plan of rivers and lakes shall be connected with the overall land use plan. Within the scope of management and protection of rivers, lakes, and reservoirs, as well as flood storage and detention areas, land use should comply with the comprehensive management and development and utilization plans of rivers and lakes, and meet the requirements for flood discharge, flood storage, and water transportation of rivers and lakes.

Article 24 People's governments at all levels shall strengthen the management of land use plans and implement total control of construction land.

The annual land use plan is prepared based on the national economic and social development plan, national industrial policy, overall land use plan, and the actual conditions of construction land and land use. The preparation and approval procedures for the annual land use plan are the same as those for the preparation and approval of the overall land use plan. Once approved and issued, it must be strictly implemented.

Article 25 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall list the implementation of the annual land use plan as part of the implementation of the national economic and social development plan and report to the people's congress at the same level.

Article 26 Modifications to the approved overall land use plan must be approved by the original approving authority; without approval, the land uses determined in the overall land use plan may not be changed.

If it is necessary to change the overall land use plan for land used for large-scale energy, transportation, water conservancy and other infrastructure construction approved by the State Council, the overall land use plan shall be modified according to the approval documents of the State Council.

If the land for energy, transportation, water conservancy and other infrastructure construction approved by the people's government of a province, autonomous region or municipality directly under the Central Government needs to change the overall land use plan, it shall fall within the approval authority of the provincial people's government for the overall land use plan. Modify the overall land use plan in accordance with the approval documents of the provincial people's government.

Article 27 The state shall establish a land survey system.

The land administration departments of the people's governments at or above the county level shall conduct land surveys in conjunction with relevant departments at the same level. Land owners or users shall cooperate with the investigation and provide relevant information.

Article 28 The land administrative departments of the people's governments at or above the county level shall, together with relevant departments at the same level, assess the grade of land based on land survey results, planned land uses and unified standards formulated by the state.

Article 29 The state shall establish a land statistics system.

The land administrative departments of the people's governments at or above the county level and the statistical departments at the same level jointly formulate statistical survey plans, conduct land statistics in accordance with the law, and regularly release land statistical data. Land owners or users shall provide relevant information and shall not make false reports, conceal reports, refuse to report, or report late.

The land area statistics data jointly released by the land administration department and the statistics department are the basis for the people's governments at all levels to prepare overall land use plans.

Article 30: The state establishes a national land management information system to dynamically monitor land use conditions.

Chapter 4 Protection of Cultivated Land

Article 31 The state protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.

The state implements a compensation system for occupied cultivated land. If non-agricultural construction is approved to occupy cultivated land, in accordance with the principle of "cultivate as much as it is occupied", the unit occupying the cultivated land shall be responsible for reclaiming the cultivated land equivalent to the quantity and quality of the occupied cultivated land; if there is no condition for reclamation or the reclaimed cultivated land does not meet the requirements , cultivated land reclamation fees should be paid in accordance with the regulations of provinces, autonomous regions, and municipalities directly under the Central Government, and special funds should be used to reclaim new cultivated land.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate plans for reclamation of cultivated land, supervise units occupying cultivated land to reclaim cultivated land according to the plan, or organize the reclamation of cultivated land according to the plan, and conduct acceptance inspections.

Article 32 Local people's governments at or above the county level may require units occupying cultivated land to use the soil in the cultivated layer of the occupied cultivated land for soil improvement of newly reclaimed cultivated land, poor quality or other cultivated land.

Article 33 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strictly implement the overall land use plan and the annual land use plan, and take measures to ensure that the total amount of cultivated land within their respective administrative regions does not decrease; , the State Council shall order the reclamation of arable land equivalent to the quantity and quality of the reduced arable land within a specified period, and the land administration department of the State Council shall jointly inspect and accept it with the agricultural administration department. If some provinces and municipalities are indeed short of reserve land resources and after adding construction land, the amount of newly reclaimed cultivated land is not enough to compensate for the amount of occupied cultivated land, they must apply to the State Council for approval to reduce or reduce the amount of reclaimed cultivated land in their respective administrative regions and carry out relocation. reclamation.

Article 34 The state implements a basic farmland protection system.

The following cultivated land shall be classified into basic farmland protection areas according to the overall land use plan and strictly managed: (1) Grain, cotton, and oil production bases approved by the relevant competent departments of the State Council or the local people's governments at or above the county level Cultivated land within the country;

(2) Cultivated land with good water conservancy and soil and water conservation facilities, transformation plans under implementation, and medium- and low-yield fields that can be transformed;

(3) Vegetable production Base;

(4) Agricultural scientific research and teaching experimental fields;

(5) Other cultivated land that should be classified as basic farmland protection areas as stipulated by the State Council.

The basic farmland designated by each province, autonomous region, and municipality directly under the Central Government should account for more than 80% of the cultivated land in the administrative region.

Basic farmland protection zones are demarcated on a township (town) basis, and are organized and implemented by the land administrative department of the county-level people's government in conjunction with the agricultural administrative department at the same level.

Article 35 People's governments at all levels shall take measures to maintain drainage and irrigation engineering facilities, improve soil, increase soil fertility, and prevent land desertification, salinization, soil erosion and land pollution.

Article 36 Non-agricultural construction must use land economically. If wasteland can be used, cultivated land must not be occupied; if inferior land can be used, good land must not be occupied.

It is prohibited to occupy cultivated land to build kilns or tombs, or to build houses, dig sand, quarry, mine, or borrow soil on cultivated land without authorization.

It is prohibited to occupy basic farmland to develop forestry and fruit industry and to dig ponds for fish farming.

Article 37 prohibits any unit or individual from leaving idle or desolate cultivated land. If the cultivated land occupied by non-agricultural construction that has gone through the approval procedures is not used within one year but can be cultivated and harvested, the collective or individual who originally cultivated the cultivated land shall resume cultivation, or the land-using unit may organize the cultivation; if no construction has started for more than one year If the land is not used for two consecutive years, the land use rights of the land-using unit shall be recovered free of charge by the people's government at or above the county level with the approval of the original approval authority; the land was originally owned by farmers' collectives All should be handed over to the original rural collective economic organizations for restoration of farming.

Within the scope of urban planning areas, idle land that has acquired land use rights for real estate development through transfer shall be handled in accordance with the relevant provisions of the "Urban Real Estate Management Law of the People's Republic of China".

If the unit or individual who contracts to operate cultivated land abandons farming for two consecutive years, the original contract-issuing unit shall terminate the contract and take back the contracted cultivated land.

Article 38 The state encourages units and individuals to develop unused land in accordance with the overall land use plan and on the premise of protecting and improving the ecological environment, preventing soil erosion and land desertification; and developing it suitable for agricultural use Land should be developed into agricultural land with priority.

The state protects the legitimate rights and interests of developers in accordance with the law.

Article 39: Reclaiming unused land must undergo scientific demonstration and evaluation, and be carried out within the reclamable areas delineated in the overall land use plan and after approval in accordance with the law. It is prohibited to destroy forests and grasslands to cultivate cultivated land, to reclaim lakes for farmland, and to encroach on river floodplains.

According to the overall land use plan, the land that has been reclaimed and reclaimed that damages the ecological environment will be returned to forests, grazing, and lakes in a planned and step-by-step manner.

Article 40 Those who develop state-owned barren mountains, wasteland, and wasteland with undetermined use rights for planting, forestry, animal husbandry, and fishery production may be determined to be developed for development upon approval by the people's government at or above the county level in accordance with the law. Long-term use by organizations or individuals.

Article 41 The state encourages land consolidation. County and township (town) people's governments should organize rural collective economic organizations to comprehensively improve fields, water, roads, forests and villages in accordance with the overall land use plan, improve the quality of cultivated land, increase the area of ??effective cultivated land, and improve agricultural production conditions and ecological environment. .

Local people's governments at all levels should take measures to transform medium- and low-yield fields and renovate idle and abandoned lands.

Article 42 If land is damaged due to excavation, subsidence, occupation, etc., the land-using units and individuals shall be responsible for reclamation in accordance with relevant national regulations; if there are no conditions for reclamation or the reclamation does not meet the requirements, Land reclamation fees should be paid and used exclusively for land reclamation. Reclaimed land should be given priority for agriculture.

Chapter 5 Construction Land

Article 43 Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with the law; however, the establishment of township enterprises and villagers The exception is the use of land collectively owned by farmers of the collective economic organization for the construction of residential buildings, or the use of land collectively owned by farmers for the construction of township (town) village public facilities and public welfare undertakings.

The state-owned land applied for use in accordance with the law as mentioned in the preceding paragraph includes state-owned land and state-expropriated land originally owned by farmers' collectives.

Article 44 If the land occupied for construction involves the conversion of agricultural land into construction land, the approval procedures for agricultural land conversion must be completed.

Land occupied by road, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and construction projects approved by the State Council, involving the conversion of agricultural land into construction land, shall be subject to approval by the State Council.

Within the scope of construction land in cities, villages, and towns determined by the overall land use plan, if agricultural land is converted into construction land for the purpose of implementing the plan, the original approved land use plan shall be used in batches according to the annual land use plan. Approval of the land use master plan. Within the scope of approved agricultural land conversion, the land use for specific construction projects may be approved by the municipal and county people's governments.

Land occupied by construction projects other than those specified in paragraphs 2 and 3 of this article, involving the conversion of agricultural land into construction land, shall be subject to approval by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 45 The expropriation of the following land shall be subject to approval by the State Council:

(1) Basic farmland;

(2) Cultivated land other than basic farmland exceeding Thirty-five hectares;

(3) Other land exceeding seventy hectares.

The expropriation of land other than that specified in the preceding paragraph shall be subject to approval by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and shall be reported to the State Council for record.

When expropriating agricultural land, the approval for conversion of agricultural land must be processed in advance in accordance with the provisions of Article 44 of this Law. Among them, if the conversion of agricultural land is approved by the State Council, the land acquisition approval procedures must be processed at the same time, and no separate land acquisition approval procedures are required; if the conversion of agricultural land is approved by the people's government of the province, autonomous region, or municipality directly under the Central Government within the land acquisition approval authority, the land acquisition approval procedures must be processed at the same time. If the land acquisition approval authority is no longer required and the land acquisition approval authority is exceeded, another land acquisition approval process shall be conducted in accordance with the provisions of paragraph 1 of this article.

Article 46 When the state requisitions land, after approval in accordance with legal procedures, the local people's government at or above the county level shall announce it and organize its implementation.

The owners and users of the expropriated land shall, within the time limit specified in the announcement, go to the land administration department of the local people's government with the land ownership certificate to register for land expropriation compensation.

Article 47 Where land is expropriated, compensation shall be provided according to the original purpose of the expropriated land.

Compensation fees for cultivated land acquisition include land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops. The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the three years before the expropriation of the cultivated land. The resettlement subsidy for cultivated land acquisition 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 expropriated 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 is four to six times the average annual output value of the three years before the farmland is expropriated. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years before expropriation.

The standards for land compensation and resettlement subsidies for the expropriation of other land shall be stipulated by the provinces, autonomous regions and municipalities with reference to the standards for land compensation and resettlement subsidies for the expropriation 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 expropriating 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.

If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of paragraph 2 of this article cannot enable the farmers who need to be resettled to maintain their original living standards, additional resettlement fees may be added with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. Subsidy fee. However, the total of land compensation and resettlement subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated.

Based on the level of social and economic development and under special circumstances, the State Council may increase the standards of land compensation fees and resettlement subsidies for farmland acquisition.

Article 48 After the land acquisition compensation and resettlement plan is determined, the relevant local people's government shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been acquired.

Article 49 The rural collective economic organization whose land has been expropriated shall announce the income and expenditure status of the compensation fees for the expropriated land to the members of the collective economic organization and accept supervision.

It is prohibited to occupy or misappropriate the land acquisition compensation fees and other related expenses of the units whose land has been expropriated.

Article 50 Local people's governments at all levels shall support rural collective economic organizations and farmers whose land has been expropriated to engage in development and operation and establish enterprises.

Article 51 The compensation standards and resettlement measures for land expropriated for the construction of large and medium-sized water conservancy and hydropower projects shall be separately stipulated by the State Council.

Article 52 During the feasibility study and demonstration of a construction project, the land administration department may review matters related to construction land based on the overall land use plan, annual land use plan and construction land standards, and propose Opinion.

Article 53 If an approved construction project requires the use of state-owned construction land, the construction unit shall present the relevant documents stipulated in laws and administrative regulations to the land administration director of the people's government at or above the county level with the authority to approve The department's application for construction land shall be reviewed by the land administration department and submitted to the people's government at the same level for approval.

Article 54 Construction units that use state-owned land shall obtain it through transfer or other paid use methods; however, the following construction land, subject to the approval of the people's government at or above the county level in accordance with the law, may be obtained through allocation:

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(1) Land used by state agencies and military land;

(2) Land used for urban infrastructure and public welfare undertakings;

(3) Energy, Land for transportation, water conservancy and other infrastructure facilities;

(4) Other land uses prescribed by laws and administrative regulations.

Article 55 A construction unit that obtains state-owned land use rights through transfer or other paid use methods shall, in accordance with the standards and methods prescribed by the State Council, pay the land use right transfer fee and other paid land use fees and other fees. , before the land can be used.

From the date of implementation of this law, 30% of the paid land use fees for newly added construction land shall be turned over to the central government and 70% shall be reserved to the relevant local people's governments, all of which will be earmarked for Farmland development.

Article 56 If a construction unit uses state-owned land, it shall use the land in accordance with the stipulations in the paid use contract such as the transfer of land use rights or the provisions of the land use rights allocation approval document; if it is really necessary to change the land for construction If the land is used for other purposes, it must be approved by the land administration department of the relevant people's government and submitted to the people's government that originally approved the land use for approval. Among them, any change in land use within an urban planning area must first obtain the consent of the relevant urban planning administrative department before submitting it for approval.

Article 57 If the construction of construction projects and geological surveys require the temporary use of state-owned land or land collectively owned by farmers, it must be approved by the land administration department of the people's government at or above the county level. Among them, temporary land use within urban planning areas must be approved by the relevant urban planning administrative department before being submitted for approval. Land users shall sign a temporary land use contract with the relevant land administrative department or rural collective economic organization or village committee based on the land ownership, and pay compensation for temporary land use in accordance with the contract.

Users of temporary land shall use the land in accordance with the purposes specified in the temporary land contract and shall not build permanent buildings.

The period of temporary land use generally does not exceed two years.

Article 58 In the event of any of the following circumstances, the land administration department of the relevant people's government may take back the right to use state-owned land for approval with the approval of the people's government that originally approved the land use or the people's government with approval authority. :

(1) The use of land is necessary for the benefit of the public;

(2) The use of land needs to be adjusted in order to implement urban planning and rebuild the old city;

(3) The use period stipulated in the land transfer and other paid use contracts has expired, and the land user has not applied for renewal or the application for renewal has not been approved;

(4) Due to the cancellation or relocation of the unit Stop using the originally allocated state-owned land due to other reasons;

(5) Highways, railways, airports, mines, etc. have been scrapped after approval.

If the state-owned land use rights are recovered in accordance with the provisions of items (1) and (2) of the preceding paragraph, appropriate compensation shall be given to the land use right holder.

Article 59 The construction of township and village enterprises, township (town) village public facilities, public welfare undertakings, rural villagers’ residences, etc. shall be reasonably laid out in accordance with village and market town planning. Comprehensive development, supporting construction; construction land shall comply with the overall land use plan and annual land use plan of the township (town), and in accordance with Articles 44, 60, 61 and 62 of this Law. Handle the approval procedures in accordance with the provisions of the article.

Article 60 Rural collective economic organizations use the construction land determined in the overall land utilization plan of the township (town) to establish enterprises or jointly establish enterprises with other units and individuals in the form of equity participation or joint venture with land use rights, etc. Enterprises must submit relevant approval documents to the land administration department of the local people's government at or above the county level, and the application 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, and municipality directly under the Central Government; among them, those involving the occupation of agricultural land , go through the approval procedures in accordance with the provisions of Article 44 of this Law.

The construction land used for setting up enterprises in accordance with the provisions of the preceding paragraph must be strictly controlled. Provinces, autonomous regions, and municipalities directly under the Central Government may separately stipulate land use standards according to different industries and business scales of township enterprises.

Article 61 If the construction of public facilities and public welfare undertakings in townships (towns) requires the use of land, it shall be submitted to the land administration of the local people's governments at or above the county level upon review by the township (town) people's government. The application submitted by the competent department 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; if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law.

Article 62: Each rural villager household can only own one homestead, and the area of ??its homestead must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government.

When rural residents build residences, they should comply with the overall land use plan of the township (town), and try to use the original homestead and vacant land in the village.

The residential land for rural villagers shall be reviewed by the township (town) people's government and approved by the county-level people's government; if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell or rent out their houses and then apply for homestead land will not be approved.

Article 63 The use rights of land collectively owned by farmers shall not be transferred, transferred or leased for non-agricultural construction; however, enterprises that comply with the overall land use plan and obtain construction land in accordance with the law shall not be liable for bankruptcy, Exceptions include mergers and other situations that result in the transfer of land use rights in accordance with the law.

Article 64 Buildings and structures that have been constructed before the formulation of the overall land use plan and are not in compliance with the purposes determined in the overall land use plan shall not be rebuilt or expanded.

Article 65 Under any of the following circumstances, the rural collective economic organization may take back the land use rights with the approval of the people's government that originally approved the land use:

(1) For The construction of public facilities and public welfare undertakings in townships (towns) requires the use of land;

(2) Failure to use land in accordance with approved purposes;

(3) Due to Stop using the land due to cancellation, relocation or other reasons.

If the land collectively owned by farmers is recovered in accordance with the provisions of Item (1) of the preceding paragraph, appropriate compensation shall be given to the holder of the land use right.