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

ned land for construction in conformity with the overall plan for land utilization but have to transfer， accordance to law， their land-use right because of bankruptcy or merging or for other reasons.

　　Article 64 No buildings or structures built before the overall plan for land utilization is drawn up and at variance with the purposes defined in such a plan may be rebuilt or expanded.

　　Article 65 Under any of the following circumstances， a rural collective economic organization may， with the approval of the people's government that originally approved the use of land， take back the land-use right：

　　（1）The land is needed for constructing township （town）or village public utilities or public welfare undertakings；

　　（2）The land is used at variance with the approved purposes； or

　　（3）The use of land is terminated because， among other things， the unit concerned is dissolved or moved away.

　　The user granted with the land-use right shall be compensated appropriately when the land owned by the peasant collective is taken back according to the provisions of sub-paragraph （1） of the preceding paragraph is this Article.

　　Chapter Ⅵ

　　Supervision and Inspection

　　Article 66 Land administration department of the people's government at or above the county level shall supervise ad inspect violations of the laws and regulations governing land administration.

　　Supervisors and inspectors for land administration shall be familiar with the laws and regulations governing land administration and they shall be devoted to their duties and impartial in enforcing laws.

　　Article 67 In performing their duties of supervision and inspection， members of the land administration department of the people's governments at or above the county level shall have the right to take the following measures：

　　（1）to require the unit or individual under inspection to provide documents and materials related to land ownership or land -use right in order to examine them or have them duplicated；

　　（2）to require the unit or individual under inspection toe make explanations on questions concerning land ownership or land-use right；

　　（3）to enter the very plot of land illegally used by the unit or individual under inspection to conduct survey； and

　　（4）to order the unit or individual that illegally used land to stop violating the laws and regulations governing land administration.

　　Article 68 Where supervisors and inspectors for land administration， in order the perform their duties， need to enter the very plot of land to conduct survey， or to require the unit or individual concerned to provide document and materials or ma

ke explanations， they shall produce their papers for supervision and inspection of land administration.

　　Article 69 The units and individuals concerned shall assist in， cooperate with and provide convenience to the work of the land administration departments of the people's governments at or above the county level when the latte conduct supervision over and inspection of violations of the laws and regulations governing land administration； they may not refuse to accept or obstruct supervision for land administrative when the supervisors and inspectors perform their duties in accordance with law.

　　Article 70 Where， in the course of supervision and inspection， land administrative departments of the people's government at or above the county level find any violations by State functionaries and believe that administrative sanctions need be given to such functionaries， they shall deal with such violations in accordance with law； if they have no right to do so， they shall propose in writing to the administrative supervision departments of the people's government at the corresponding or a higher level that administrative sanctions be given to the functionaries， and the administrative supervision departments concerned shall deal with the violations in accordance with law.

　　Article 71 Where land administration departments of the people's governments at or above the county level， in the course of supervision and inspection， find that violations of the laws and regulations governing land administration constitute crimes they shall transfer the cases to the departments concerned， with shall conduct investigation for criminal responsibility in accordance with law； if the violations are not serious enough to constitute crimes， the said departments shall impose administrative penalties in accordance with law.

　　Article 72 Where a land administration department fails to impose administrative penalties on violators as is required by the provisions of this Law， the land administration department of the people's government at a higher level shall have the right to order the former to decide on imposition of administrative penalties or directly impose the penalties itself and give administrative sanctions to the persons in charge of the former.

　　Chapter Ⅶ

　　Legal Responsibility

　　Article 73 If units or individuals illegally transfer and through buying， selling or other means， their unlawful gains shall be confiscated by the land administrative departments of the people's governments at or above the county level， or if afterwards they， in violation of the overall plan for land utilization， convert land for agriculture to land for construction， they shall demolish， within a time limit， the structures and installations built on the illegally transferred land and put the land back to its original state， if the conversion happens to conform to the overall plan for land utilization， the structures and installations built on the land shall be confiscated， and the units or individuals in each may also be fined； the persons directly in charge and the other person directly responsible shall be given administrative sanctions in accordance with law. If the violations constitute crimes， criminal responsibility shall be investigated in accordance with law.

　　Article 74 Units or individuals that， in violation of the provisions of this Law， build kilns or graves on cultivated land or， without authorization， build houses， dig sand， quarry， mine or collect earth on or from the cultivated land， thus damaging the conditions for crop cultivation， or develop land， thus causing desertification or salinization， shall be ordered by the land administrative departments of the people's governments at or above the county level to set it right or bring desertification or salinization under control within a time limit， and they may also be fined. If the violations constitute crimes， criminal responsibility sha

ll be investigated in accordance with law.

　　Article 75 Units or individuals that， in violation of the provisions of this Law， refuse to fulfill their obligation of land recultivation shall be ordered by the land administration departments of the people's governments at or above the county level to do it within a time limit. If they fail to do so， they shall be ordered to pay charges for recultivation， which shall exclusively be used for the purpose， and they may be fined.

　　Article 76 Units or individuals that illegally occupy and use land without approval or with approval obtained by fraudulent means shall be ordered by the land administrative departments of the people's governments at or above the county level to return such and； the ones that， in violation of the overall plan for land utilization， convert land for agriculture to land for construction shall be ordered to demolish the structures and installations built on the illegally occupied land within a time limit and put the land back to its original state； with regard to the ones that convert land for agriculture to land for construction， which happens to conform to the overall plan for land utilization， he structures and installations built on such land shall be confiscated， and they may also be fined； and the persons directly in charge of the said units and other persons directly responsible for the violations shall be given administrative sanctions in accordance with law； if the violations constitute crimes， criminal responsibility shall be investigated in accordance with law.

　　Where the land used exceeds the area approved， the excessive portion shall be treated as land illegally used and punishment shall be meted out accordingly.

　　Article 77 Villagers who illegally occupy and use land to build residences thereon without approval or with approval obtained by fraudulent means shall be ordered by the land administration departments of the people's governments at or above the county level to return such land demolish， within a time limit， the houses built on the land.

　　Where the land used exceeds the limits fixed by provinces， autonomous regions and municipalities directly under the Central Government， it shall be treated as land illegally used and punishment shall be meted out accordingly.

　　Article 78 Where units or individuals that have no authority to approve expropriation or use of land unlawfully approve the use of land， or they do so by overstepping their authority of approval， or they approve the use of land at variance with the purposes defined in the overall plan for land utilization， or they approve the expropriation or use of land in violation of the procedure prescribed by law， the documents of such approval shall be void and the persons directly in charge of such units and the other persons directly responsible for illegally approving such expropriation and use of land shall be given administrative sanctions in accordance with law. If the violation constitute crimes， criminal responsibility shall be investigated in accordance with law. The land illega

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