Measures for the Implementation of the Land Administration Law of the People's Republic of China in Hunan Province (2022)

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China and other relevant laws and administrative regulations, and in light of the actual situation of this province. Article 2 These Measures shall apply to land protection, development, utilization and related management activities within the administrative area of this province. Article 3 Land management shall implement the basic national policy of cherishing and rationally utilizing land and effectively protecting cultivated land; Strictly implement the land and space use control system; Adhere to economical and intensive land use; Implement land life cycle management, strengthen ecological protection and restoration, and promote green development. Article 4 The people's governments at or above the county level shall fulfill the main responsibility of farmland protection, make scientific planning, strictly manage, protect and rationally develop and utilize land resources; Investigate and deal with all kinds of illegal occupation of land and destruction of land resources according to law; Support the township (town) people's government to perform its land management duties in terms of talents, technology and funds.

The competent department of natural resources of the people's governments at or above the county level shall be responsible for the land management and supervision in their respective administrative areas, and the competent department of agriculture and rural areas shall be responsible for the quality management of cultivated land, the reform and management of rural homesteads in their respective administrative areas.

The relevant departments of the people's governments at or above the county level, such as development and reform, finance, human resources and social security, ecological environment, housing and urban and rural construction, water conservancy, forestry, statistics, etc., shall do a good job in land management according to their respective responsibilities.

The township (town) people's government shall, in accordance with its duties, do a good job in land supervision and management within its jurisdiction, and exercise the power of administrative punishment for land violations according to law. Article 5 People's governments at all levels and relevant departments should strengthen the publicity and education of laws and regulations related to land management through radio, television, newspapers, internet and other media, and establish the awareness of the whole society to cherish land, save land and protect cultivated land. Chapter II Land Spatial Planning Article 6 People's governments at all levels shall formulate land spatial planning according to law and make it public. The land and space planning approved according to law is the basic basis for all kinds of development, protection and construction activities, and no organization or individual may modify it without authorization.

Land spatial planning includes overall planning, detailed planning and related special planning. Seventh overall planning of land and space in the province after deliberation by the Standing Committee of the provincial people's Congress, approved by the provincial people's government in the State Council. The overall planning of the land and space of the designated cities in Changsha and the State Council shall be submitted to the State Council for approval by the provincial people's government after deliberation by the Standing Committee of the people's congress at the same level.

The overall land and space planning of other cities divided into districts and autonomous prefectures shall be submitted to the provincial people's government for approval after deliberation by the Standing Committee of the people's congress at the same level. After deliberation by the Standing Committee of the people's congress at the same level, the overall planning of the county (city) land and space shall be submitted to the people's governments of cities and autonomous prefectures with districts for preliminary examination, and the people's governments of cities and autonomous prefectures with districts shall submit it to the provincial people's government for approval.

Township (town) land spatial planning is approved by the people's government at the county level and reported to the people's governments of cities and autonomous prefectures with districts. Article 8 Detailed planning includes detailed planning within the urban development boundary, village planning outside the urban development boundary and other detailed planning.

Detailed planning within the scope of urban development shall be organized by the competent department of natural resources of the people's governments of cities (autonomous prefectures) and counties (cities) and submitted to the people's governments at the same level for approval; Village planning is organized by the township (town) people's government and submitted to the people's government at the next higher level for approval; Detailed planning of special units outside the boundary of urban development shall be organized by the competent department of natural resources of the people's government of a city (autonomous prefecture) or county (city) with districts in conjunction with relevant departments and submitted to the people's government at the same level for approval.

Village planning shall, according to the classification of village functions, coordinate the protection of cultivated land and permanent basic farmland, the layout of rural residential areas, the layout of infrastructure and public service facilities, the layout of rural industrial land, village safety, disaster prevention and mitigation, ecological protection and restoration, and comprehensive land improvement. Pay attention to the inheritance and protection of red resources, history and culture, and fully listen to the opinions of villagers. People's governments at all levels should clarify the responsibilities of departments, guarantee the working funds, strengthen the construction of rural planning talents, establish a comprehensive service mechanism for rural planning, and make unified arrangements to promote the preparation and implementation supervision of rural planning. Article 9 The competent department of natural resources of the people's government at or above the county level shall, jointly with the development and reform departments and other relevant departments, formulate a list of catalogues for the compilation of special land and space planning, which shall be implemented after being approved by the people's government at the corresponding level.

Special plans for farmland protection, ecological protection and restoration, as well as land and space planning across administrative regions (river basins), shall be organized and compiled by the competent department of natural resources in the local area or at the next higher level and reported to the people's government at the same level for examination and approval; Other special plans involving space utilization shall be organized by the relevant competent departments, and shall be submitted to the people's government at the same level for approval after compliance review by the competent department of natural resources. Article 10 The annual land use plan shall conform to the national spatial planning, strictly control the total amount of construction land, give priority to ensuring land for major national and provincial infrastructure such as energy, transportation, water conservancy, information network and national defense, land for major livelihood projects such as education and medical care, land for major industrial projects such as advanced manufacturing, land for major projects such as scientific and technological innovation, opening to the outside world and rural revitalization, and rationally arrange rural residential sites and collectively operated construction land in accordance with the relevant provisions of the state and this province.