In order to standardize land management methods and strengthen state-owned land management, the Central People's Government has issued the "Land Management Law of the People's Republic of China". Below I will introduce to you relevant information on state-owned land management regulations. Hope this helps. The regulations on state-owned land management are as follows

Chapter 1 General Provisions

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

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.

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 for building 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 administrative 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 regulations of the State Council.

Article 6: All units and individuals have the obligation to abide by land management laws and regulations, and have 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: Land collectively owned by farmers in a village shall be operated and managed by the village collective economic organization or villagers committee in accordance with the law; it shall be collectively owned by farmers who already belong to two or more rural collective economic organizations in the village. 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.

Confirm the ownership or use rights of forest land and grassland, and confirm the aquaculture use rights of water surfaces and tidal flats 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 by any unit or individual.

Article 14: Land collectively owned by farmers is contracted and managed by members of the collective economic organization, engaged in 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, any 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 outside the collective economic organization for 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. 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, it 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 submitted to the township (town) people's government for approval.

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 parties concerned are dissatisfied with the handling decision of the relevant people's government, they may file a lawsuit with 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 the 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.

In 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.

Land for energy, transportation, water conservancy and other infrastructure construction approved by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, if it is necessary to change the overall land use plan, it falls 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 establishes 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, 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 establishes 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 shall 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 statistical data jointly released by the land administration department and the statistics department is 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 "as much as you occupy, as much as you cultivate", the unit occupying the cultivated land shall be responsible for reclaiming cultivated land equivalent to the quantity and quality of the occupied cultivated land; if there is no condition for reclamation or the 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;

(2) Cultivated land with good water conservancy and soil and water conservation facilities, ongoing transformation plans 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 bad 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 retrieve 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: It is prohibited for any unit or individual to leave 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 urban planning area, idle land that has acquired land use rights through transfer for real estate development 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 contracting 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: The reclamation of unused land must undergo scientific demonstration and evaluation, and be carried out within the reclamable area delineated in the overall land use plan and approved 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 The development of 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 with the approval of 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.

Click on the next page to share more ?State-owned land management regulations?