Learn Chinese - Land Administration Law of the People's Republic of China

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Land Administration Law of the People's Republic of China

Updated: 2006-05-08 11:18

Land for agriculture shall be requisitioned after conversion of use of
the land is examined and approved in accordance with the provisions of
Article 44 of this Law. Where conversion of use of such land is subject
to approval by the State Council, requisition of the land shall be
examined and approved at the same time, and there is no need to go
through the formalities of examination and approval for the requisition
separately. Where conversion of use of land is subject to approval by
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government within the limits of their approval
authority over the requisition of land, requisition of the land shall be
examined and approved at the same time, and there is no need to go
through the formalities of examination and approval for the requisition
separately; if the land to be requisitioned is beyond the limits of their
approval authority, it shall be examined and approved separately in
accordance with the provisions of the first paragraph of this Article.

Article 46 Where land is to be requisitioned by the State, the
requisition shall, after approval is obtained through legal procedure, be
announced by people's governments at or above the county level, which
shall help execute the requisition.

Units and individuals that own or have the right to the use of the land
under requisition shall, within the time limit fixed in the announcement,
register for compensation with the land administration department of the
local people's government by presenting their certificates of land
ownership or land-use right.

Article 47 Land requisitioned shall be compensated for on the basis of
its original purpose of use.

Compensation for requisitioned cultivated land shall include compensation
for land, resettlement subsidies and attachments and young crops on the
requisitioned land. Compensation for requisition of cultivated land shall
be six to ten times the average annual output value of the requisitioned
land for three years preceding such requisition. Resettlement subsidies
for requisition of cultivated land shall be calculated according to the
agricultural population needing to be resettled. The agricultural
population needing to be resettled shall be calculated by dividing the
amount of requisitioned cultivated land by the average amount of the
original cultivated land per person of the unit the land of which is
requisitioned. The standard resettlement subsidies to be divided among
members of the agricultural population needing resettlement shall be four
to six times the average annual output value of the requisitioned
cultivated land for three years preceding such requisition. However, the
highest resettlement subsidies for each hectare of the requisitioned
cultivated land shall not exceed fifteen times its average annual output
value for the three years preceding such requisition.

Standards of land compensation and resettlement subsidies for requisition
of other types of land shall be prescribed by provinces, autonomous
regions and municipalities directly under the Central Government with
reference to the standards of compensation and resettlement subsidies for
requisition of cultivated land.

Standards for compensation for attachments and young crops on the
requisitioned land shall be prescribed by provinces, autonomous regions
and municipalities directly under the Central Government.

For requisition of vegetable plots in city suburbs, the land users shall
pay towards a development and construction fund for new vegetable plots
in accordance with the relevant regulations of the State.

If land compensation and resettlement subsidies paid in accordance with
the provisions of the second paragraph of this Article are still
insufficient to help the peasants needing resettlement to maintain their
original living standards, the resettlement subsidies may be increased
upon approval by people's governments of provinces, autonomous regions
and municipalities directly under the Central Government. However, the
total land compensation and resettlement subsidies shall not exceed 30
times the average annual output value of the requisitioned land for the
three years preceding such requisition.

The State Council may, in light of the level of social and economic
development and under special circumstances, raise the standards of land
compensation and resettlement subsidies for requisition of cultivated
land.

Article 48 Once a plan for compensation and resettlement subsidies for
requisitioned land is decided on, the local people's government concerned
shall make it known to the general public and solicit comments and
suggestions from the collective economic organizations, the land of which
is requisitioned, and the peasants.

Article 49 The rural collective economic organization, the land of which
is requisitioned, shall accept supervision by making known to its members
the income and expenses of the compensation received for land requisition.

The compensation and other charges paid to the unit for its land
requisitioned is forbidden to be embezzled or misappropriated.

Article 50 Local people's governments at all levels shall support the
rural collective economic organizations, the land of which is
requisitioned, and the peasants in their efforts to engage in development
or business operation or to start enterprises.

Article 51 The standard of compensation for requisition of land to build
large or medium-sized water conservancy or hydroelectric projects and the
measures for resettling relocated people shall be prescribed separately
by the State Council.

Article 52 During the feasibility study of a construction project, land
administration department may, in accordance with the overall plan for
land utilization, the annual plan for land utilization and the standard
amount of land for the use of construction, examine the matters related
to land for construction and offer its comments and suggestions.

Article 53 Where a construction unit needs to use State-owned land for
construction of its approved projects, it shall apply to the land
administration department of the people's government at or above the
county level that has the approval authority by presenting the relevant
documents as required by laws and regulations. The said department shall
examine the application before submitting it to the people's government
at the corresponding level for approval.

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