Decision of the Standing Committee of the National Peoples Congress on Amending the Land Administrat

（Adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28， 2004）

颁布日期：20040828 　实施日期：20040828 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.28

　　The Decision of the Standing Committee of the National People's Congress on Amending the Land Administration Law of the People's Republic of China， adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 28， 2004， is hereby promulgated and shall go into effect as of the date of its promulgation.

　　Hu Jintao

　　President of the People's Republic of China

　　August 28， 2004

　　At its 11th Meeting， the Standing Committee of the Tenth National people's Congress decided to amend the Land Administration Law of People's Republic of China as follows：

　　1. The fourth paragraph of Article 2 is revised to read， “The State may， in the interest of the public， lawfully expropriate or requisition land and give compensation accordingly.”

　　2. For “requisition” in the second paragraph of Article 43， and in Article 45， 46， 47， 49， 51， 78， and 79， read “expropriate”。

　　This Decision shall go into effect as of the date of its promulgation.

　　The Land Administrative Law of the People's Republic of China shall be promulgated anew after the revisions are made according to this Decision.

　　Land Administration Law of the People's Republic of China

　　（Adopted at the 16th Meeting of the Standing Committee of the Sixth National People's Congress on June 25， 1986， amended for the first time to at the 5th Meeting of the Standing Committee of the Seventh National People's Congress on December 29， 1988 in accordance with the Decision on Amending the Land Administration Law of the People's Republic of China， revised at the 4th Meeting of the Standing Committee of the Ninth National People's Congress on August 29， 1998， and amended for the second time in accordance with the Decision on Amending the Land Administration Law of the People's Republic of China， adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28， 2004）

　　Contents

　　Chapter Ⅰ General Provisions

　　Chapter Ⅱ Ownership of Land and Right to the Use of Land

　　Chapter Ⅲ Overall Plans for Land Utilization

　　Chapter Ⅳ Protection of Cultivated Land

　　Chapter Ⅴ Land to Be Used for Construction

　　Chapter Ⅵ Supervision and Inspection

　　Chapter Ⅶ Legal Responsibility

　　Chapter Ⅷ Supplementary Provisions

　　Chapter Ⅰ

　　General Provisions

　　Article1 This Law is enacted in accordance with the Constitution for the purpose of strengthening land administration， maintaining the socialist public ownership of land， protecting and developing land resources， making rational 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 right of ownership in State-owned land is exercised by State Council on behalf of the State.

　　No units or individuals encroach on land or illegally transfer it through buying， selling or other means. However， the right to the use of land may be transferred in accordance with law.

　　The State may， in the interest of the public， lawfully expropriate or requisition land and give compensation accordingly.

　　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 purpose of use of land.

　　The State formulates overall plans for land utilization on which to define the purposes of use of land and classify land into land for agriculture， land fro 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 agriculture； land for construction means land for constructing buildings and other structures， including land for housing in urban and rural areas， for public utilities， for factories and mines， for communications and water conservancy， for tourism and for military installations； and 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 Te 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 county 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 accuse any violations of such laws or regulations.

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

　　Chapter Ⅱ

　　Ownership of Land and Right to the Use of Land

　　Article 8 Land in the urban areas of cities is owned by the State.

　　Land in rural suburban areas is owned by peasant collectives， except for those portions of land which belong to the State as provided for by law； house sites and private plots of cropland and hilly land are owned by peasant collectives.

　　Article 9 State-owned and land owned by peasant collectives may be lawfully determine to 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 it.

　　Article 10 Land owned by peasant collectives that belongs lawfully to peasant collective of a villages shall be operated ad 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' groups； land already owned by a peasant collective of a township （town）shall be operated and managed by the rural collective economic organization of the township （town）。

　　Article 11 Land owned by peasant collective shall be registered with and recorded by people's governments at the county level， which shall， up

on verification， issue certificate to confirm the ownership of such land.

　　Land owned by peasant collective to be lawfully used for non-agricultural construction shall be registered with and recorded by people's governments at the county level， which shall， upon verification， issue certificates to confirm the right to use of the land for such construction.

　　State-owned land to be lawfully used by units or individuals shall be registered with 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 an 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 or 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 the 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 land 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 collective shall be operated under a contract by members of economic organizations of the peasant collectives for crop cultivation， forestry， animal husbandry or fishery. The duration of such contract is 30 years. Th

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