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

e party that gives out a contract and the party that undertakes it shall sign a contract in which to stipulate the rights and obligations of both parties. A peasant who undertakes to operate a piece of land under a contract shall have the obligation to protect the land and rationally use it in conformity with the purpose of use provided for in the contract. The right of a peasant to operate land under a contract shall be protected by law.

　　Within the duration of the contract for operation of land， any appropriate readjustment of the land between individual contractors shall be made with the agreement of at least two-thirds of the members of the villagers assembly or of the representatives of villagers and the matter shall be submitted to the township （town） people's government and the agriculture administration department of the people's government at the county level for approval.

　　Article 15 State-owned land may be operated under contract by units or individuals for crop cultivation， forestry， animal husbandry or fishery. Land owned by peasant collective may be operated under a contract for crop cultivation， forestry， animal husbandry or fishery by units or individuals that do not belong to the economic organizations of the said collectives. The party that gives out the contract and the party that undertakes it shall sign a contract in which t stipulate the rights and obligations of both parties. The duration of such contract shall be provided for by the contract. The units or individuals that contract to operate the land shall have the obligation to protect such land make rational use of it in conformity with the purposes of use provided for in the contract.

　　Land owned by peasant collectives shall be operated under a contract by units or individuals that do not belong to the economic organizations of the said collectives， with the agreement of at least two-thirds of the members of the villagers assembly or of the representatives of villagers， and the matter shall be submitted to the township （town） people's government for approval.

　　Article 16 Disputes over ownership of land or the right to the use of land shal

l be solved through consultation between the parties. If such consultation fails， the disputes shall be handled by the people's government.

　　Disputes between units shall be handled by people's governments at or above the county level. Disputes between individuals between individuals and units shall be handled by people's governments at eh township level or at or above the county level.

　　If a party refuses to accept the decision made by the relevant people's government， it may file a suit in a People's Court within 30 days from the date of receiving notification of the decision.

　　Before a dispute over ownership of land or the right to the use of land is solved， no party may alter the condition in which the land is being used.

　　Chapter Ⅲ

　　Over Plans for Land Utilization

　　Article 17 People's governments at all levels shall draw up overall plans for land utilization on the basis of the requirements of the plans for national economic and social development， the need for improvement of national land and for protection of the natural resources and the environment， the capacity of land supply， and the demand for land by various construction projects.

　　The duration of an overall plan for land utilization shall be prescribed by the State Council.

　　Article 18 The overall plan for land utilization at a lower level shall be drawn up on the basis of such a plan drawn up at the next higher level.

　　The total area of land for construction in the overall plan for land utilization drawn up by local people's governments at different levels shall not exceed the control norm set in such a plan by the people's government at the next higher level and the area of cultivated land reserved shall not be smaller than the control norm set in the overall plan for land utilization of the people's government at the next level.

　　In drawing up their overall plans for land utilization， the people's governments of provinces， autonomous regions and municipalities directly under the Central Government shall see that the total area of the cultivated land within their own administrative regions is not reduced.

　　Article 19 Overall plans for land utilization shall be drawn up in accordance with the following principles：

　　（1）strictly protecting the capital farmland and keeping land for agriculture under control lest it should be occupied and used for non-agricultural construction；

　　（2）increasing the land utilization ratio；

　　（3）making overall plans for the use of land different purpose and in different areas；

　　（4）protecting and improving ecological environment and guaranteeing the sustainable use of land； and

　　（5）maintaining balance between the area of cultivated land used for other purposes and the area of land developed and reclaimed.

　　Article 20 In the overall plans for land utilization at the county level， land shall be zoned and the purposes of its use defined.

　　In the overall plans for land utilization at the township （town）level， land shall be zoned and the purposes of use of each plot defined in light of the condition of the land to be used， both of which shall be made known to the general public.

　　Article 21 The overall plans for land utilization shall be examined for approval at different levels.

　　The overall plans for land utilization drawn up by provinces autonomous regions and municipalities directly under the Central Government shall be submitted to the State Council for approval.

　　The overall plans for land utilization drawn up by cities， where people's governments of provinces or autonomous regions are located or where the population is over one million， and cities earmarked by the State Council shall be examined for consent by people's governments of the provinces or autonomous regions， before they are submitted to the State Council for approval.

　　The overall

plans for land utilization other than the ones mentioned in the second and third paragraph of this Article shall be submitted for approval level by level up to the people's governments of provinces， autonomous region or municipalities directly under the Central Government. Among these， the ones drawn up by townships （towns） may be submitted for approval to the people's governments of cities， that are divided into districts， or the autonomous prefectures， as are authorized by people's governments at the provincial level.

　　Once an overall plan for land utilization is approved， it shall be strictly carried out.

　　Article 22 The area of land to be used for urban construction shall conform to the norm set by State regulations. Attention shall be paid to making full use of the existing land earmarked or construction and using little or no land earmarked for agriculture.

　　The overall plans of cities and the plans of villages and towns shall be dovetailed with the overall plan for land utilization， and the area of land to be used for construction fixed in the former shall not exceed the area fixed in the latter for the cities， villages and towns.

　　In areas covered by the plans of cities， villages and towns， the area of land to be used for construction shall conform the area as is fixed in such plans.

　　Article 23 Plans for all-round harnessing of rivers and lakes and for their development and utilization shall be dovetailed with the overall plan for land utilization. Within areas of the rivers， lakes and reservoirs under control and protection and areas for flood storage or detention， land shall be used in conformity with the plan for all-round harnessing of rivers and lakes and for their development and utilization and with the requirements of flood diversion and storage and water transmission from the rivers and lakes.

　　Article 24 People's governments at all levels shall exercise close supervision over the plans for land utilization and keep control over the total area of land to be used for construction.

　　The annual plans for land utilization shall be drawn up in accordance with the plan for national economic and social development， the industrial policies of the State， the overall plan for land utilization and the actual condition of land to be used for construction and land to the utilized. The procedure for examination and approval of annual plans for land utilization is the same as that for overall plans for land utilization. Once the annual plans for land utilization are approved an made known to lower levels， they shall be strictly carried out.

　　Article 25 People's governments of provinces， autonomous regions and municipalities directly under the Central Government shall include the implementation of the annual plans for land utilization in their report on the implementation of the plan for national economic and social development to be delivered to the people's congresses at the corresponding level.

　　Article 26 Any revision of an approved overall plan for land utilization shall be subject to approval by eh organ that originally approved the plan； without such approval， no change may be made in the purposes of land use as defined in the overall plan for land utilization.

　　Where a change needs to be made in an overall plan for land utilization to meet the demand for land for the construction of such large infrastructure projects as energy， communications or water conservancy projects that have been approved by the State Council， it shall be made in accordance with the document of approval issued by the State Council.

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