基本农田保护条例 REGULATIONS ON THE PROTECTION OF BASIC FARMLAND

国务院令第162号
（Adopted at the 22nd Executive Meeting of the State Council on July 4， 1994， promulgated by Decree No. 162 of the State Council on August 18， 1994， and effective as of October 1， 1994）
颁布日期：19940818 　实施日期：19941001 　颁布单位：国务院办公厅

　　Chapter I General Provisions

　　Article 1 In order to implement special protection of the basic farmland and promote the development of agricultural production and the national economy， these Regulations are hereby formulated in accordance with provisions of the “Agriculture Law of the People's Republic of China” and the “Land Administration Law of the People's Republic of China”。

　　Article 2 Basic farmland as referred to in these Regulations means cultivated land which is determined in accordance with the demand of the population for agricultural products， the needs of the national economy， as well as a forecast of the use of land for construction for a specified period of time， and which shall not be occupied for other uses for a long term， or within the specified protective period.

　　Protected areas of basic farmland as referred to in these Regulations mean areas delimited in accordance with the legal procedures for implementing the special protection of basic farmland.

　　Article 3 These Regulations shall apply to the delimitation， protection， supervision and administration of protected areas of basic farmland. In the absence of specific provisions in these Regulations， the “Land Administration Law of the People's Republic of China” and other relevant laws and regulations shall apply.

　　Article 4 With regard to the protection of basic farmland， the policy of overall planning， rational use， a combination of use and maintenance， and strict administration shall be carried out.

　　Article 5 The protection of basic farmland shall be included in the national economic and social development programs of local people's governments at county level and above， and， as an important component of the objectives for the leadership of the governments under the responsibility system within their respective terms of office， shall be implemented under the supervision of people's governments at a higher level.

　　Article 6 All units and individuals have the duty to protect basic farmland， and retain the right to disclose and report acts of illegal occupation， impairment of said basic farmland， or other acts in violation of these Regulations.

　　Article 7 The land administration department and the agricultural administration department of the State Council shall， according to these Regulations and the division of responsibilities specified by the State Council， be responsible for the protection and administration of basic farmland throughout the country.

　　Land administration departments and agricultural administration departments of local people's governments at county level and above shall， according to these Regulations and the division of responsibilities specified by the people's government at the corresponding level， be responsible for the protection and administration of basic farmland within their own administrative regions.

　　People's governments at township level shall be responsible for the protection and administration of basic farmland within their own administrative regions.

　　Article 8 The state shall reward units and individuals for remarkable achievements they have made in the work of basic farmland protection.

　　Chapter II Delimitation

　　Article 9 The land administration department and agricultural administration department of the State Council shall， in conjunction with other departments concerned， draft a national program for protected areas of basic farmland， and submit it to the State Council for approval.

　　Land administration departments and agricultural administration departments of the people's governments at county level and above shall， in

conjunction with other departments concerned， and according to the program for protected areas of basic farmland adopted by the people's government at a higher level， draft a program for protected areas of basic farmland for their own administrative regions and， upon the examination and approval by the people's government at the corresponding level， submit it to the people's government at a higher level for approval.

　　People's governments at township level shall， according to the program for protected areas of basic farmland adopted by the people's government at county level， draft a program for protected areas of basic farmland for their own administrative regions， and shall submit it to the people's government at county level for approval.

　　All adjustments required for the approved program for protected areas of basic farmland must be approved by the original examining and approving organ.

　　Article 10 The program for protected areas of basic farmland shall be based on the overall program for the use of land and the division of areas for investigation of the agricultural resources， and in harmony with programs of urban planning and of the construction of towns and villages.

　　Article 11 When drafting programs for protected areas of basic farmland， people's governments at various levels shall determine the targeted volume and the planned arrangement of farmland to be protected， and shall disseminate the programs in parts as related to next level.

　　Article 12 The following categories of cultivated land shall， in principle， be delimited into protected areas of basic farmland：

　　（1） The production bases for cereals， cotton， edible oils and for famous， superior， specialty and new agricultural products， as determined by competent departments concerned of the State Council or people's governments at or above county level；

　　（2） Farmland providing high and stable yields， cultivated land with perfected facilities for water conservancy and for water and soil conservation， and lands providing low to medium yields as a result of reclamation or transformation， or land being subject to implementation of a transformation plan；

　　（3） Production bases providing vegetables to large and medium-sized cities； and

　　（4） Land dedicated to agricultural scientific research， teaching experimentation.

　　Article 13 Cultivated land designated as protected areas of basic farmland are divided into the following two grades：

　　（1） Cultivated land with excellent production conditions and high yield capacities which shall not be occupied for other uses for a long term is designated as first grade basic farmland； and

　　（2） Cultivated land with good production conditions and relatively good yields which shall not be occupied for other uses within the specified period of the program is designated as second grade basic farmland.

　　Article 14 The work of designating protected areas of basic farmland shall be conducted on the basis of township （or town）， and shall be organized and carried out by the land administration departments of people's governments at county level together with agricultural administration departments at the same level.

　　People's governments at county level shall properly mark protected areas of farmland with appropriate protection signs and make related announcements. Land administration departments of people's governments at county level shall establish archives and submit a copy of it to agricultural administration departments at the same level. No organization or individual may damage or wantonly alter signs marking protected areas of basic farmland.

　　Following the designation of protected areas of basic farmland， people's government immediately above the county level shall organize checks and acceptance.

　　Article 15 With regard to designated protected areas of basic farmland， the original contractor's mana

gement rights shall not be freely altered.

　　Article 16 Technical rules and regulations for the designation of protected areas of basic farmland shall be formulated by the land administration department of the State Council together with the agricultural administration department of the State Council.

　　Chapter III Protection

　　Article 17 Once a protected area of basic farmland is designated， no unit or individual may alter or occupy said land without authorization. When selecting sites for important national construction projects related to energy， communications and water conservancy etc.， and there is no way to avoid in fact a need to occupy cultivated land in protected areas of basic farmland， an application must be made in accordance with examination procedures and the limits of authority for examination and approval stipulated in the “Land Administration Law of the People's Republic of China” to the land administration department of people's government at or above county level， and following an appraisal and approval of agricultural administration department at the corresponding level， be submitted to the people's government at or above county level for approval.

　　Construction projects referred to in the preceding paragraph which are to occupy first-grade basic farmland not exceeding 500 mu must be submitted to the governments of provinces， autonomous regions， or municipalities directly under the Central Government for approval， while those being to occupy over 500 mu of first-grade basic farmland must be submitted to the State Council for approval.

　　Article 18 The establishment of development zones shall not occupy cultivated land in protected areas of basic farmland. However， in cases involving special circumstances necessitating such occupancy， relevant units， when applying for the e

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/