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

>　　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 infrastructure projects as energy， communications or water conservancy projects that have been approved by people's governments of provinces， autonomous regions or municipalities directly un

der the Central Government and the plan is within the limits of the approval authority of a people's government at the provincial level， the change shall be made in accordance with the document of approval issue by such government.

　　Article 27 The State shall establish a land survey system.

　　Land administration departments of people's governments at or above the county level shall， in conjunction with the departments concerned at the same level， conduct land survey. Land owners and users shall cooperate in the work and provide relevant materials.

　　Article 28 Land administration departments of people's governments at or above the county level shall， in conjunction with the departments concerned at the same level， grade land on eh basis of the result of land survey， the planned purposes for the use of land and the uniform standards formulated by the State.

　　Article 29 The State shall establish a land statistics system.

　　Land administrative departments and statistics departments of people's governments at or above the county level shall work together to draw up plans for statistics and survey， lawfully prepare land statistics， and publish materials of such statistics at regular intervals. Land owners and users shall provide relevant materials； they may not fabricate or conceal such materials， refuse to provide them， or delay providing them.

　　Statistics of the areas of land published jointly by land administration departments and statistics departments shall provide the basis for people's governments at all levels in drawing up their overall plans for land utilization.

　　Article 30 The State shall establish a national land administration information network to monitor developments in land utilization.

　　Chapter Ⅳ

　　Protection of Cultivated Land

　　Article 31 The State protects cultivated land and strictly restricts conversion of cultivated land to non-cultivated land.

　　The State applies the system of compensation for use of cultivated land for other purposes. Te principle of “reclaiming the same area of land as is used” shall be applied to any unit that， with approval， uses cultivated land fro construction of non-agricultural projects， that is， the unit shall be responsible for reclaiming the same area and quality of the cultivated land it uses. If conditions fro such reclamation do not exist or if the reclaimed land fails to meet the requirements， the unit shall pay expenses for reclamation in accordance with the regulations set by people's governments of provinces， autonomous regions and municipalities directly under the Central Government， and the money shall exclusively be used for reclamation.

　　People's governments f provinces， autonomous regions and municipalities directly under the Central Government shall formulate plans for land reclamation， see that the unit that uses cultivated land reclaims land according to plan or arranges reclamation according to plan and conduct inspection before acceptance.

　　Article 32 Local people's governments at or above the county level may require the units that wish to use cultivated land to move the arable layer of cultivated land to the reclaimed land or to land of inferior quality， or to other cultivated land for improving soil.

　　Article 33 People's governments of provinces， autonomous regions and municipalities directly under the Central Government shall strictly implement the overall plans and annual plans for land utilization and take measures to ensure that the total area of cultivated land within their administrative regions remains unreduced. Where the total area of cultivated land is reduced， the State Council shall order the government concerned to reclaim land， within a time limit， of the same quality and area as is reduced， and the land administrative department together with the agriculture administration department under the State Council shall inspect the l

and reclaimed before acceptance. Where individual governments of provinces or municipalities directly under the Central Government， for lack of land reserves， cannot reclaim enough land to make up for the cultivated land they used for additional construction projects， they shall apply to the State Council for approval of their reclaiming less or no land within their own administrative regions and of their reclaiming land in other regions.

　　Article 34 The State applies a system of protection for capital farm-land. Cultivated land of the following categories shall be included in the protected capital farmland in accordance with overall plan for land utilization and be placed under strict control：

　　（1）cultivated land within bases of grain， cotton and oil crops production， which are designated as such with the approval of the departments concerned under the State Council or of the people's governments at or above the county level；

　　（2）cultivated land with good irrigation and water and soil conservation facilities as well as medium-and low-yield that are under improvement according to plan or that can be improved；

　　（3）vegetable production bases；

　　（4）pilot fields for scientific research or teaching of agricultures； and

　　（5）other cultivated land that should be included in the protected capital farmland according toe regulations of the State Council.

　　The capital farmland designated as such by provinces， autonomous regions and municipalities directly under the Central Government shall account for at least 80 percent of the total cultivated land in their administrative regions respectively.

　　The area of protected capital farmland shall be demarcated with the township （town） as a unit and such demarcation shall be arranged by the land administration department together with the agriculture administration department of a people's government at the county level.

　　Article 35 People's governments at all levels shall take measures to protect irrigation and drainage facilities， improve soil， increase soil fertility and prevent desertification， salinization， and soil erosion and contamination.

　　Article 36 In non-agricultural construction， attention shall be paid to economizing on the use of land. Where wasteland can be used， no cultivated land may be used； where land of inferior quality can be used， no land of superior quality may be used.

　　It is forbidden to use cultivated land for building kilns and graves and to build houses， dig and quarry， mine or collect earth on or from cultivated land without authorization.

　　It s forbidden to use capital farmland for planting forest or fruit trees or to turn such land into ponds for raising fish.

　　Article 37 All units and individuals are forbidden to leave cultivated land unused or let it lie waste. Where a stretch of cultivated land， for which the formalities of examination and approval have been gone through for its use for non-agricultural construction projects but which can still be cultivated and yield crops， is not used for one year， its cultivation shall be resumed by the original collectives or individuals or may be arranged by the land user. If construction is not started for over one year， the land user shall， in accordance with the regulations of provinces， autonomous regions and municipalities directly under the Central Government， pay charges for leaving the land unused. If the land is not used for two years running the people's government at or above the county level shall， with the approval of the original approving organ， take back the user's right to the use of the land without compensation. If the said land is originally owned by peasant collectives， it shall be returned to the original collective economic organization of the village for resumption of cultivation.

　　Land in an area covered by city planning， the right to use which is assigned for development of r

eal estate and that is left unused， shall be dealt with in accordance with the relevant provisions in the Law of the People's Republic of China on the Administration of the Urban Estate.

　　Where a unit or individual that contracts to operate cultivated land but lets the land lie waste for two years running， the original unit that gave out the contract shall terminate the contract and take back eh land under contract.

　　Article 38 The State encourages units and individuals to develop unused land in accordance with the overall plans for land utilization， on condition that the ecological environment is protected and improved and soil erosion and desertification are prevented. Priority shall be given to the development of such land for agriculture purposes where conditions permit.

　　The State protects eh lawful rights and interests of such developers in accordance with law.

　　Article 39 Unused land shall be reclaimed on the basis of scientific confirmation and evaluation within the reclaimable area designated as such in an overall plan for land utilization and with lawful approval. It is forbidden to reclaim cultivated land by destroying forests or grasslands， to reclaim land from lakes and to encroach on tidal-flat areas of rivers.

　　Where land is reclaimed from forests， grasslands or lakes at the expense of the ecological environment， it shall gradually be retuned to the forests， grasslands and lakes according to plan.

　　Article 40 Units or individua

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