Policy

Protection of Cultivated Land

Date Nov 07 2011 15:23:55
Nov.07,2011(SHMET)--

Chapter ¢ô Protection of Cultivated Land

Article 31 The State protects cultivated land and strictly controls conversion of cultivated land to non-cultivated land. The State applies the system of compensation for use of cultivated land for other purposes. The principle of ¡°reclaiming the same amount of land as is used¡± shall be applied to any unit that, with approval, uses cultivated land for construction of non-agricultural projects, that is, the unit shall be responsible for reclaiming the same amount and quality of the cultivated land it uses. If conditions for such reclamation do not exist or if the reclaimed land fails to meet the requirements, the unit shall pay expenses for reclamation in accordance with the regulations set by people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the money shall exclusively be used for reclamation. People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for land reclamation, see that the unit that uses cultivated land reclaims land according to plan or arrange reclamation according to plan, and conduct inspection before acceptance.

Article 32 Local people's governments at or above the county level may require the units that wish to use cultivated land to remove the arable layer of cultivated land to the reclaimed land or to land of inferior quality, or to other cultivated land for improving soil.

Article 33 People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strictly implement the overall plans and annual plans for land utilization and take measures to ensure that the total amount of cultivated land within their administrative areas remains unreduced. Where the total amount of cultivated land is reduced, the State Council shall order the government concerned to reclaim land of the same quality and amount as is reduced within a time limit, and the land administration department together with the agriculture administration department under the State Council shall inspect the land reclaimed before acceptance. Where individual governments of provinces or municipalities directly under the Central Government, for lack of land reserves, cannot reclaim enough land to make up for the cultivated land they used for additional construction projects, they shall apply to the State Council for approval of their reclaiming less or no land within their own administrative areas but of their reclaiming land in other areas.

Article 34 The State applies a system of protection for capital farmland. Cultivated land of the following categories shall be included in the protected capital farmland in accordance with the overall plan for land utilization and be placed under strict control: (1) cultivated land within bases of grain, cotton and oil crops production, which are designated as such with the approval of the departments concerned under the State Council or of the people's governments at or above the county level; (2) cultivated land with good irrigation and water and soil conservation facilities as well as medium-and low-yield fields that are under improvement according to plan or that can be improved; (3) vegetable production bases; (4) pilot fields for scientific research or teaching of agriculture; and (5) other cultivated land that should be included in the protected capital farmland according to regulations of the State Council. The capital farmland designated as such by provinces, autonomous regions and municipalities directly under the Central Government shall account for at least 80 percent of the total cultivated land in their administrative areas respectively. The area of protected capital farmland shall be demarcated with the township (town) as a unit and such demarcation shall be arranged by the land administration department together with the agriculture administration department of a people's government at the county level.

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

Article 36 In non-agricultural constructions; attention shall be paid to economizing on the use of land. Where wasteland can be used, no cultivated land may be used; where land of inferior quality can be used, no land of superior quality may be used. It is forbidden to use cultivated land for building kilns and graves or to build houses, dig sand, quarry, mine or collect earth on or from cultivated land without authorization. It is forbidden to use capital farmland for planting forest or fruit trees or to turn such land into pond for raising fish.

Article 37 All units and individuals are forbidden to leave cultivated land unused or let it lie waste. Where a stretch of cultivated land, for which the formalities of examination and approval have been gone through for its use for non-agricultural construction projects but which can still be cultivated and yield crops, is not used within one year, its cultivation shall be resumed by the original collectives or individuals or may be arranged by the land user. If construction is not started for over one year, the land user shall, in accordance with the regulations of provinces, autonomous regions and municipalities directly under the Central Government, pay charges for leaving the land unused. If the land is not used for two years running, the people's government at or above the county level shall, with the approval of the original approving organ, take back the users right to the use of the land without compensation. If the said land is originally owned by peasant collectives, it shall be returned to the original collective economic organization of the village to resume cultivation. Land in the area covered by urban planning, the land-use right of which is assigned for development of real estate, that is left unused shall be dealt with in accordance with the relevant provisions in the Law of the People's Republic of China on the Administration of the Urban Estate. Where a unit or individual that contracts to operate cultivated land but lets the land lie waste for two years running, the original unit that gives out the contract shall terminate the contract and take back the land under contract.

Article 38 The State encourages units and individuals to develop unused land in accordance with the overall plans for land utilization, on condition that the ecological environment is protected and improved and soil erosion and desertification prevented. Priority shall be given to the development of such land for agricultural purposes where conditions permit. The State protects the lawful rights and interests of such developers in accordance with law.

Article 39 Unused lands shall be reclaimed on the basis of scientific confirmation and evaluation, within the reclaimable area designated as such in an overall plan for land utilization and with lawful approval. It is forbidden to reclaim cultivated land by destroying forests or grasslands, to reclaim land from lakes and to encroach on tidal-flat areas of rivers. Where land is reclaimed from forests, grasslands or lakes at the expense of the ecological environment, it shall gradually be returned to forests, grasslands and lakes according to plan.

Article 40 Units or individuals that wish to develop State-owned barren hills, wastelands or waste tidal flats, the land-use right of which is not yet established, for crop cultivation, forestry, animal husbandry or fishery shall be subject to lawful approval by people's governments at or above the county level, which may decide that such land be used by the said units or individuals for a long time.

Article 41 The State encourages land revitalization. County and township (town) people's governments shall make arrangements for rural collective economic organizations to conduct, in accordance with overall plans for land utilization, all-round improvement of the fields, water conservancy, roads and forests and development of the villages in order to improve the quality of the cultivated land, increase the efficient area of cultivated land and better the conditions of agricultural production and the ecological environment. Local people's governments at all levels shall take measures to transform the medium-and low-yield fields and improve idle and waste land.

Article 42 Land users that cause damage to land as a result of digging, subsiding or crumbling under heavy weight shall be responsible for recultivating the land in accordance with the relevant regulations of the State. Where conditions do not permit such recultivation or the land recultivated does not meet the requirements, the user shall pay charges for recultivation, which shall exclusively be used for the purpose. The land recultivated shall first be used for agriculture.

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Overall Plans for Land Utilization

Date Nov 07 2011 15:23:08
Nov.07,2011(SHMET)--

Chapter ¢ó Overall Plans for Land Utilization

Article 17 People's governments at all levels shall draw up overall plans for land utilization on the basis of the requirements of the plans for national economic and social development, the need for improvement of national land and for protection of the natural resources and the environment, the capacity of and supply, and the demand for land by various construction projects. The duration of an overall plan for land utilization shall be prescribed by the State Council.

Article 18 The overall plan for land utilization at a lower level shall be drawn up on the basis of such a plan drawn up at a higher level. The total amount of land for construction in the overall plan for land utilization drawn up by local people's governments at different levels shall not exceed the control norm set in such a plan by the people's government at a higher level and the amount of cultivated land reserved shall not be smaller than the control norm set in the overall plan for land utilization of the people's government at a higher level. In drawing up their overall plans for land utilization, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall see that the total amount of the cultivated land within their administrative areas is not reduced.

Article 19 Overall plans for land utilization shall be drawn up in accordance with the following principles: (1) to strictly protect the capital farm land and keep land for agriculture under control lest it should be occupied and used for non-agricultural construction; (2) to increase the land utilization ratio; (3) to make overall planning for the use of land for different purposes and in different areas; (4) to protect and improve ecological environment and guarantee the sustainable use of land; and (5) to maintain balance between the amounts of cultivated land used for other purposes and the amount of land developed and reclaimed.

Article 20 In the overall plans for land utilization at the county level, land shall be zoned and the purposes of its use defined. In the overall plans for land utilization at the township (town) level, land shall be zoned and the purposes of use of each plot defined in light of the conditions of the land to be used, both of which shall be made known to the general public.

Article 21 The overall plans for land utilization shall be examined for approval at different levels. The overall plans for land utilization drawn up by provinces, autonomous regions and municipalities directly under the Central Government shall be submitted to the State Council for approval. The overall plans for land utilization drawn up by cities, where people's governments of provinces or autonomous regions are located and where the population is over one million, and cities earmarked by the State Council shall be examined for consent by people's governments of the provinces or autonomous regions, before they are submitted to the State Council for approval. The overall plans for land utilization other than the ones mentioned in the second and third paragraph of this Article shall be submitted for approval level by level up to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Among these, the ones drawn up by townships (towns) may be submitted for approval to the people's governments of the cities that are divided into districts and of the autonomous prefectures as authorized by people's governments at the provincial level. Once an overall plan for land utilization is approved, it shall be strictly carried out.

Article 22 The amount of land to be used for urban construction shall conform to the norm set by State regulations. Attention shall be paid to making full use of the existing land for construction and using little or no land for agriculture. The overall plans of cities and the plans of villages and towns shall be dovetailed with the overall plan for land utilization, and the amount of land to be used for construction fixed in the former shall not exceed the amount fixed in the latter for the cities, villages and towns. In the areas covered by the plans of cities, villages and towns, the amount of land to be used for construction shall conform to the amount as is fixed in such plans.

Article 23 Plans for all-round harnessing of rivers and lades and for their development and utilization shall be dovetailed with the overall plan for land utilization. Within the areas of the rivers, lakes and reservoirs under control and protection and the areas for flood storage or detention, land shall be used in conformity with the plan for all-round harnessing of rivers and lakes and for their development and utilization and with the requirements of flood diversion and storage and water transmission from the rivers and lakes.

Article 24 People's governments at all levels shall exercise close supervision over the plans for land utilization and keep control over the total amount of land used for construction. The annual plans for land utilization shall be drawn up in accordance with the plan for national economic and social development, the industrial policies of the State, the overall plan for land utilization and the actual conditions of land used for construction and land utilized. The procedure for examination and approval of annual plans for land utilization is the same as that for overall plans for land utilization. Once the annual plans for land utilization are approved, they shall be strictly carried out.

Article 25 People's governments of provinces; autonomous regions and municipalities directly under the Central Government shall include the implementation of the annual plans for land utilization in their report on the implementation of the plan for national economic and social development to be delivered to the people's congresses at the corresponding level.

Article 26 Any revision of an approved overall plan for land utilization shall be subject to approval by the organ that originally approved the plan; without such approval, no change may be made in the purposes of land use as prescribed in the overall plan for land utilization. Where a change needs to be made in an overall plan for land utilization to meet the demand of land for the construction of such large infrastructure projects as energy, communications or water conservancy projects that have been approved by the State Council, it shall be made in accordance with the document of approval issued by the State Council. Where a change needs to be made in an overall plan for land utilization to meet the demand of land for the construction of such infrastructure projects as energy, communications or water conservancy projects that have been approved by people's governments of provinces, autonomous regions or municipalities directly under the Central Government and the plan is under the approval authority of a people's government at the provincial level, the change shall be made in accordance with the document of approval issued by such government.

Article 27 The State shall establish a land survey system. Land administration departments of people's governments at or above the county level shall, together with the departments concerned at the same level, conduct land survey. Landowners and users shall cooperate in the work and provide relevant materials.

Article 28 Land administration departments of people's governments at or above the county level shall, together with the departments concerned at the same level, grade land on the basis of the result of land survey, the planned purposes for the use of land and the uniform standard formulated by the State.

Article 29 The State shall establish a land statistics system. Land administration departments and statistics departments of people's governments at or above the county level shall work together to draw up plans for statistics and survey, lawfully prepare land statistics, and publish materials of land statistics at regular intervals. Landowners and users shall provide relevant materials without fabrication, deception, refusal or delay. Statistics of the areas of land published jointly by land administration departments and statistics departments shall provide the basis for overall plans for land utilization to be drawn up by people's governments at all levels.

Article 30 The State shall establish a national land administration information network to monitor developments in land utilization.

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Ownership of Land and Right to the Use of Land

Date Nov 07 2011 15:22:22
Nov.07,2011(SHMET)--

Chapter ¢ò Ownership of Land and Right to the Use of Land

Article 8 Land in the urban areas of cities shall be owned by the State. Land in rural and suburban areas shall be owned by peasant collectives, except for those portions which belong to the State as provided for by law; house sites and private plots of cropland and hilly land shall also be owned by peasant collectives.

Article 9 State-owned land and land owned by peasant collectives may be lawfully determined to be used by units or individuals. Units and individuals that use land shall have the obligation to protect and manage the land and make rational use of the land.

Article 10 Land owned by peasant collectives that belongs lawfully to peasant collectives of a village shall be operated and managed by collective economic organizations of the village or by villagers¡¯ committees; land already owned by different peasant collectives that belong to two or more different collective economic organizations in the village shall be operated and managed by the rural collective economic organizations in the village or by villagers¡¯ teams; land already owned by peasant collectives of a township (town) shall be operated and managed by rural collective economic organizations of the township (town).

Article 11 Land owned by peasant collectives shall be registered and recorded by people's governments at the county level, which shall, upon verification, issue certificates to confirm the ownership of such land. Land owned by peasant collectives to be lawfully used for non-agricultural construction shall be registered and recorded by people's governments at the county level, which shall, upon verification, issue certificates to confirm the right to the use of the land for such construction. State-owned land to be lawfully used by units or individuals shall be registered and recorded by people's governments at or above the county level, which shall, upon verification, issue certificates to confirm their right to the use of such land. The specific organs for registration and issue of certificates for State-owned land to be used by central State organs shall be determined by the State Council. Ownership or the right to the use of forest land or grassland and the right to the use of water surfaces or tidal flats for aquaculture shall be confirmed respectively in accordance with the relevant provisions of the Forestry Law, the Grassland Law and the Fisheries Law of the People's Republic of China.

Article 12 Any change to be lawfully made in land ownership, in the right to the use of land or in the purpose of use of land shall be registered.

Article 13 The lawfully registered ownership of law and right to the use of land shall be protected by law and may not be infringed upon by any units or individuals.

Article 14 Land owned by peasant collectives shall be operated under a contract by members of the economic organizations of the peasant collectives for crop cultivation, forestry, animal husbandry or fishery. The duration of such contract is 30 years. The party that gives out a contract and the party that undertakes it shall sign a contract in which to stipulate the rights and obligations of both parties. A peasant who undertakes to operate a piece of land under a contract shall have the obligation to protect the land and rationally use it in conformity with the purposes of use provided for in the contract. The right of a peasant to operate land under a contract shall be protected by law. Within the duration of the contract for operation of land, any appropriate readjustment of the land between individual contractors shall be made with the agreement of at leas two-thirds of the members of the villagers assembly or of the representatives of villagers and submitted to the township (town) people's government and the agriculture administration department of the people's government of the county for approval.

Article 15 State-owned land may be operated under a contract by units or individuals for crop cultivation, forestry, animal husbandry or fishery. Land owned by peasant collectives may be operated for crop cultivation, forestry, animal husbandry or fishery under a contract by units or individuals that do not belong to the economic organizations of the said collectives. The party that gives out a contract and the party that undertakes it shall sign a contract in which to stipulate the rights and obligations of both parties. The duration of such contract shall be provided for by the contract. The units or individuals that contract to operate the land shall have the obligation to protect such land and make rational use of it in conformity with the purposes of use provided for in the contract. Land owned by peasant collectives shall be operated under a contract by units or individuals that do not belong to the economic organizations of the said collectives with the agreement of at least two-thirds of the members of the villagers assembly or of the representatives of villagers and submitted to the township (town) people's government for approval.

Article 16 Disputes over ownership of land or the right to the use of land shall be solved through consultation between the parties. If such consultation fails, they shall be decided by the people's government. Disputes between units shall be decided by people's governments at or above the county level. Disputes between individuals or between individuals and units shall be decided by people's governments at the township level or at or above the county level. If a party refuses to accept the decision of the relevant people's government, it may file a suit in a People's Court within 30 days from the date of receiving notification of the decision. Before a dispute over ownership of land or the right to the use of land is solved, no party may alter the conditions in which the land is being used.

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Land Administration Law of the People's Republic of China

Date Nov 07 2011 15:21:43
Nov.07,2011(SHMET)--

Article 1 This Law is enacted in accordance with the Constitution for the purpose of strengthening land administration, maintaining the socialist public ownership of land, protection and developing land resources, making proper use of land, effectively protecting cultivated land and promoting sustainable development of the society and the economy.

Article 2 The People's Republic of China practices socialist public ownership of land, namely, ownership by the whole people and collective ownership by the working people. Ownership by the whole people means that the State Council exercises the right of ownership of State-owned land on behalf of the State. No units or individuals may encroach on or transfer land, through buying, selling or other illegal means. The right to the use of land may be transferred in accordance with law. The State may, in the public interest, lawfully requisition land owned by collectives. The State applies, in accordance with law, a system of compensated use of State-owned land, with the exception of land the right to the use of which is allocated by the State within the provisions of laws.

Article 3 To value land highly, use land rationally and protect cultivated land effectively is China's basic policy. People's governments at all levels shall take measures, draw up overall plans, tighten control, protect and develop land resources, and prevent unlawful occupation and use of land.

Article 4 The State applies a system of control over the purposes of use of land. The State formulates overall plans for land utilization in which to define the purposes of use of land and classify land into land for agriculture, land for construction and unused land. It shall rigidly restrict conversion of land for agriculture to land for construction, keep the total area of the land for construction under control and give special protection to cultivated land. Land for agriculture as referred to in the preceding paragraph means land that is directly used for agricultural production, including cultivated land, forest land, grassland, land for irrigation and water conservancy and water surfaces for aquaculture; land for construction means land for construction buildings and other structures, including land for housing in urban and rural areas, for public utilities, for industries and mining, for communications and water conservancy, for tourism and for military installations; unused land means land other than land for agriculture and construction. All units and individuals shall use land in strict compliance with the purposes of use defined in the overall plans for land utilization.

Article 5 The land administration department under the State Council shall be in charge of unified administration of and supervision over the land throughout the country. The establishment and duties of the land administration departments of local people's governments at or above the country level shall be decided by people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant regulations of the State Council.

Article 6 All units and individuals shall have the obligation to observe the laws and regulations governing land administration and shall have the right to report against or accuse any violations of such laws or regulations.

Article 7 The people's governments shall reward the units or individuals that achieved outstanding successes in protecting and developing land resources, using land rationally and carrying out relevant scientific research.

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Marine Ecological Conservation

Date Nov 04 2011 14:21:57
Nov.04,2011(SHMET)--Article20 The State Council and local People's Governments at various levels shall take effective measures to protect such typical and representative marine ecosystems as mangroves, coral reefs, coastal wetlands, islands, bays, estuaries, important fishery waters, sea areas where rare and endangered marine organisms live naturally and densely, and sea areas where marine organisms with important economic value live, and marine relics and natural landscapes with major scientific and cultural significance. If marine ecosystems of important economic and social values have been damaged, efforts shall be made to renovate and restore them

Article21 Relevant departments directly under the State Council and coastal People's Governments at the Provincial level shall, according to the requirements of marine ecosystem protection, select and establish marine nature reserves. The establishment of a national marine nature reserve shall be subject to the State Council for approval

Article22 A marine nature reserve shall be established under any of the following conditions; 1. Typical marine physiographic areas, representative natural ecosystem areas, as well as areas of natural ecosystems of which natural ecosystem have been damaged to some extent, but may be recovered through protection efforts; 2. Areas with higher marine biodiversity, or areas where rare and endangered marine species are naturally and densely distributed; 3. Sea areas, seashores, islands, coastal wetlands, estuaries, and bays, etc. With special protection values; 4. Areas where marine natural remains of great scientific and cultural values are located; 5. Other areas where special protection is necessary

Article23 Areas with special geographic conditions, ecosystems, living or non-living resources, and areas where special protection is necessary for marine exploration and exploitation may be determined as marine special reserves to be specially managed through effective protection measures and scientific development methods

Article24 Exploration and exploitation of marine resources shall be rationally arranged in accordance with marine functional zoning, and shall not bring about damages to marine ecological environment

Article25 The introduction of marine species shall be subject to scientific assessment to avoid to cause damages to marine ecosystems

Article26 Strict ecological protection measures shall be taken, and no damages to island topography, seashore and beach, vegetation and ecological environment of the surrounding sea areas of the islands shall be allowed, when the exploitation of resources of islands and surrounding sea areas are conducted

Article27 Coastal local People's Governments at various levels shall, combined with the characteristics of local natural environments, construct coastal protection installations, coastal shelter belts, gardens and greenlands in the coastal cities and towns, and undertake comprehensive treatment over the area with erosion and sea water intrusion. Destruction of seashore protection installations, coastal shelter belts and gardens and greenlands in the coastal cities and towns are forbidden

Article28 The State shall encourage and promote to develop ecological fisheries, popularize various ecological fisheries production methods and improve marine ecological conditions. Environmental impact assessment shall be requested for new construction, reconstruction and extension of mariculture fields. The density of aquiculture shall be determined in a scientific way for marine aquiculture, and feed used rationally, and manure used rationally, and medicines taken accurately, so as to prevent the marine environment from pollution

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