中华人民共和国土地管理法实施条例 REGULATIONS FOR THE IMPLEMENTATION OF THE LAND ADMINISTRATION LAW OF THE PEOPLES RE

work before issuing approval.

　　Chapter IV Land for State Construction

　　Article 17 Land used by the state for economic and cultural development， national defense construction and public welfare undertakings shall be used economically and rationally. When submitting a construction project design assignment for approval， the opinion of the local land administration department must be attached.

　　Article 18 Examination and approval procedures for the use of land in state construction：

　　（1） A construction unit proposing to use land for construction purposes shall apply to the land administration department of the local people's government at county level or above in the locality of the land it wants to expropriate by presenting an approved design assignment or other relevant documents such as preliminary designs or annual capital construction plans.

　　（2） The land administration department of the local people's government at county level or above shall examine the application to use land for construction purposes and determine the boundaries of the area of land to be used， as well as arrange for the construction unit， the unit which originally held the rights to the land and other relevant units to discuss matters of compensation and resettlement in relation to the expropriated land and report these details to the people's government at county level or above for approval.

　　（3） After the application to use land for construction purposes is approved by the relevant people's government at county level or above pursuant to the statutory approval jurisdiction， the people's government at county level or above in the locality of the expropriated land shall issue a document of approval to use the land for construction purposes and the land administration department shall transfer the land use rights in full or in stages， depending on the construction schedule.

　　（4） After completion of construction， when the department in charge of the construction project arranges for the relevant authorities to examine construction prior to acceptance of the project， the land administ

ration department of the people's government at county level or above shall inspect and verify the actual use of the land （after completion of a construction project in an urban planning district， the administrative authority in charge of urban planning shall， in conjunction with the land administration department， inspect and verify the actual use of the land） and， subject to confirmation， land registration procedures shall be carried out pursuant to the relevant provisions of Chapter II of these Regulations and a land use certificate for state-owned land shall be issued.

　　If applying to use land within an urban planning district for construction purposes， the construction unit or individual shall handle matters pursuant to the procedures stipulated above after obtaining a planning permit to use land for construction purposes.

　　Article 19 When land is to be used for construction projects such as railways， highways or oil or water supply pipelines， an application for approval， depending on the construction project's overall plans， shall be submitted in one lump， but procedures for expropriating and transferring land may be done in stages. In the case of a construction project which is to proceed in stages， applications for approval and procedures for expropriating and transferring land may be done in stages in accordance with the work schedule determined in the design assignment.

　　Article 20 If emergency or disaster relief measures necessitate the urgent use of land， the land may be used first， but， after the incident， supplementary procedures for the temporary use of land or procedures for the expropriation and transfer of land must be carried out pursuant to regulations.

　　Article 21 “Other land with an area of more than 2，000 mu” as mentioned in paragraph 1 of Article 25 of the Land Administration Law shall include construction projects which simultaneously require the expropriation of less than 1，000 mu of cultivated land， together with other land in excess of 1，000 mu， amounting to a total land area of more than 2，000 mu.

　　“Other land with an area of less than ten mu” as mentioned in paragraph 2 of Article 25 of the Land Administration Law shall include construction projects which simultaneously require the expropriation of less than 3 mu of cultivated land， together with other land of less than 10 mu， amounting to a total land area of more than 3 mu and less than 10 mu.

　　Article 22 If a land user's right to use state-owned land is withdrawn in accordance with the provisions of Article 19 of the Land Administration Law， the local people's government at county level or above may decide to issue the land to an agricultural collective economic entity to cultivate. During the cultivation period， the agricultural collective economic entity shall be prohibited from building any permanent structures or planting perennial crops on the land and shall be required to return the land on schedule pursuant to state construction requirements. If there are young crops on the land at the time of its return， the relevant construction unit shall pay compensation.

　　Article 23 If construction requirements make it necessary for a construction unit to temporarily expropriate additional land outside its approved land use limits， an application for temporary use of land shall be submitted to the land administration department of the local people's government at county level and the details reported to the people's government at the same level for approval. If temporary use of additional land is required within an urban planning district， a set area application shall be submitted first to the administrative authority in charge of urban planning and， subject to examination and approval， an application for temporary use of land shall be submitted to the land administration department.

　　If collectively owned land is required for temporary use， compensation shall be paid in accorda

nce with the provisions of paragraph 1 of Article 33 of the Land Administration Law.

　　Chapter V Land for Township（Town） and Village Construction

　　Article 24 There shall be strict control over the use of agricultural land for township（town） and village construction. The overfilling of control quotas for the use of land in township（town） and village construction issued by local people's governments at county level or above shall be prohibited.

　　Article 25 When land is required for rural residential buildings， a land use application shall be submitted first to the village agricultural collective economic entity or villagers' committee and， subject to it being discussed and approved by the villagers' representative meeting or general meeting， the application shall be submitted to the people's government for approval. The use of cultivated land shall be subject to approval by the county level people's government， following its examination and approval by the township level people's government and land administration department of the county level people's government. The use of existing residential building sites， empty space within villages and other land shall be subject to approval by the township level people's government.

　　Article 26 If use of collectively owned land is required for constructing residential buildings for city or town residents with non-agricultural resident registration， a land use application shall， after its approval by the applicant's working unit or residents' committee， be submitted to the village agricultural collective economic entity， villagers' committee or township（town） peasant collective economic entity in the locality of the land. If the land required for use belongs to a village peasant collective， subject to the land use application being discussed and approved by the villagers' representative meeting or general meeting and its examination and approval by the township（town） people's government， it shall be submitted to the county level people's government for approval. If the land required for use belongs to at ownership（town） peasant collective， subject to the land use application being discussed and approved by the township（town） peasant collective economic entity and its examination and approval by the township（town） people's government， it shall be submitted to the county level people's government for approval.

　　Article 27 When workers， ex-servicemen or retired cadres returning to their original villages or overseas Chinese， Hong Kong， Macao or Taiwan compatriots returning to settle in their family villages require the use of collectively owned land to construct residential building， matters shall be handled pursuant to the provisions of Article 38 of the Land Administration Law and Article 25 of these Regulations.

　　Article 28 If land is required to construct a rural market in accordance with township（town） or village construction plans， matters shall be handled pursuant to the provisions of Article 40 of the Land Administration Law.

　　Article 29 Non-agricultural production and operation activities by Lease holding farm households and rural individual business shall use their original residential sites. If there is a genuine need for the additional use of collectively owned land， approval documents from the relevant authorities shall be submitted， together with a land use application， to the village peasant collective economic entity， villagers' committee or township（town） peasant collective economic entity in the locality of the land and， subject to the application being discussed and approved by the villagers' representative meeting or the township（town） peasant collective ec

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