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

ls that wish to develop State-owned barren hills， wastelands or waste tidal flats， the land-use right of which is not yet established， for crop cultivation， forestry， animal husbandry or fishery shall be subject to lawful approval by people's governments at or above the county level， which may decide that such land be used by the said units or individuals for a long time.

　　Article 41 The State encourages land revitalization. County and township （town） people's governments shall make arrangements for rural collective economic organizations to conduct， in accordance with overall plans for land utilization， all-round improvement of the fields， water conservancy， roads and forests and development of the villages in order to improve the quality of the cultivated land， increase the efficient area of cultivated land and better the conditions of agricultural production and the ecological environment.

　　Local people's governments at all levels shall take measures to transform the medium-and low-yield fields and improve idle and waste land.

　　Article 42 Land users that cause damage to land as a result of digging， subsiding or crumbing under heavy weight shall be responsible for recultivating the land in accordance with the relevant regulations of the State. Where conditions do not permit such recultivation or the land recultivated does not meet the requirements， the user shall pay charges for recultivation， which shall exclusively be used for the purpose. The land recultivated shall first be used for agriculture.

　　Chapter Ⅴ

　　Land to Be Used Construction

　　Article 43 All units and individuals that need land for construction purposes shall， in accordance with law， apply for the use of State-owned land， with the exception of the collective economic organizations and peasants of such organizations that have lawfully obtained approval of using the land owned by peasant collectives of these organizations to build township or town enterprises or to build houses for villagers and the units and individuals that have lawfully obtained approval of using the land owned by peasant collectives to build public utilities or public welfare undertakings of a township （town）or village.

　　“The State-owned land” mentioned in the preceding paragraph includes land owned by the State and land originally owned by peasant collective but expropriated by the State.

　　Article 44 Where land for agriculture is

to be used for construction purposes， the formalities of examination and approval shall be gone through for the conversion of use.

　　Where land for agriculture is to be converted to land for the construction of road， pipeline or large infrastructure projects， for which approval has been obtained from people's governments of provinces， autonomous regions and municipalities directly under the Central Government， or for construction of projects for which approval has been obtained from the State Council， the conversion shall be subject to approval by the State Council.

　　Where land for agriculture is to be converted to land for construction of projects on order to carry out the overall plan for land utilization within the limits of the area of land fixed in the plan for construction projects of cities， villages or towns， the conversion of use of land shall， in accordance with the annual plan for land utilization， be subject to approval in batches by the organ that originally approved by overall plan for land utilization. Land to be used for construction of specific projects within the limits of the area of land for agriculture， conversion of the use of which has been approval， may be subject to approval by people's governments of cities or counties.

　　Where land for agriculture is to be converted to land for construction projects other than what is provided for in the second and third paragraphs of this Article， the conversion shall be subject to approval by people's governments of provinces， autonomous regions and municipalities directly under the Central Government.

　　Article 45 Expropriation of the following land shall be subject to approval by the State Council：

　　（1）capital farmland；

　　（2）cultivated land， not included in capital farmland， that exceeds 35 hectares； and

　　（3）other land that exceeds 70 hectares.

　　Expropriation of land other than that provided for in the preceding paragraph shall be subject to approval by the people's governments of provinces， autonomous regions and municipalities directly under the Central Government and be submitted to the State Council for the record.

　　Land for agriculture shall be expropriated after conversion of use of the land is examined and approved in accordance with the provisions in Article 44 of this Law. Where conversion of use of such land is subject to approval by the State Council， requisition of the land shall be examined and approved by the State Council， requisition of the land shall be examined and approval at the same time， and there is no need to go through the formalities of examination and approval for the requisition separately. Where conversion of use of land is subject to approval by people's governments of provinces， autonomous regions and municipalities directly under the Central Government within the limits of their approval authority over the requisition of land， expropriation of the land shall be examined and approval at the same time， and there is no need to go through the formalities of examination and approval for the expropriation separately； if the land to be expropriated is beyond the limits of their approval authority， it shall be examined and approved separately in accordance with the provisions of the first paragraph in this Article.

　　Article 46 Where land is to be expropriated by the State， the expropriation shall， after approval is obtained through legal procedure， be announced by people's governments at or above the county level， which shall help execute the requisition.

　　Units and individuals that own or have the right to the use of the land under expropriation shall， within the time limit fixed in the announcement， register for compensation with the land administration department of the local peoples' government by presenting their certificates of land ownership or land-use right.

　　Article 47 Land expropriated shall be compensated for on the basis of

its original purpose of use.

　　Compensation for expropriated cultivated land shall include compensation for land， resettlement subsidies and compensation for attachments and young crops on the requisitioned land. Compensation for expropriated of cultivated land shall be six to ten times the average annual output value of the expropriated land， calculated on the basis of three years preceding such requisition. Resettlement subsidies for expropriated cultivated land shall be calculated according to the agricultural population needing to the resettled. The agricultural population needing to be resettled shall be calculated by dividing the area of expropriated cultivated land by the average area of the original cultivated land per person of the unit the land of which is expropriated. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four to six times the average annual output value of the expropriated cultivated land calculated on he basis of three years preceding such expropriation. However， the maximum resettlement subsidies for each hectare of the expropriated cultivated land shall not exceed fifteen times its average annual output calculated on the basis of three years preceding such expropriation.

　　Rates of land compensation and resettlement subsidies for expropriation of other types of land shall be prescribed by provinces， autonomous regions and municipalities directly under the Central Government with reference to the rates of compensation and resettlement subsidies for expropriation of cultivated land.

　　Rates of compensation for attachments an young crops on expropriated land shall be prescribed by provinces， autonomous regions and municipalities directly under the Central Government.

　　For expropriation of vegetable plots in city suburbs， the land users shall pay towards a development and construction fund for new vegetable plots in accordance with the relevant regulations of the State.

　　If land compensation and resettlement subsidies paid in accordance with the provisions of the second paragraph in this Article are still insufficient to enable the peasants needing resettlement maintain their original living standards， the resettlement subsidies may be increased upon approval by people's governments of provinces， autonomous regions and municipalities directly under the Central Government. However， the total land compensation an resettlement subsides shall not exceed 30 times the average annual output value of the expropriated land calculated on the basis of three years preceding such expropriation.

　　The State Council may， in light of the level of social and economic development and under special circumstances， raise the rates of land compensation and resettlement subsidies for expropriation of cultivated land.

　　Article 48 Once a plan for compensation and resettlement subsidies for requisitioned land is decided on， the local people's government concerned shall make it known to the general public and solicit comments and suggestions from the collective economic organizations， the land of which is requisitioned， and the peasants.

　　Article 49 The rural collective economic organization the land of which is expropriated， shall accept supervision by making known to its members the income and expenses

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