基本农田保护条例 Regulations on the Protection of Basic Farmland (1998)

国务院令第257号
(Promulgated by Decree No. 257 of the State Council of the People's Republic of China on December 27, 1998)
颁布日期：19981227 　实施日期：19990101 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated in accordance with the Agricultural Law of the People's Republic of China and the Land Administration Law of the People's Republic of China with a view to practising special protection of basic farmland and promoting sustainable development of agricultural production and social economy.

　　Article 2 The state practises the system of protection of basic farmland.

　　The basic farmland referred to in these Regulations means the designated cultivated land which shall not be occupied and utilized in pursuance of the demand for agricultural produce of the population and socioeconomic development at a given period and the overall planning for land utilization.

　　The basic farmland protection zones referred to in these Regulations mean the specific protection zones determined in accordance with the overall planning for land utilization and in pursuance of the legal procedures for the purpose of practising special protection of basic farmland.

　　Article 3 The policy of overall planning, rational utilization, combination of utilization and nurturing and strict protection shall be adhered to in the protection of basic farmland.

　　Article 4 Local people's governments at all levels above the county level should include the work of protection of basic farmland in the national economic and social development plan as one of the contents of the goals of the government leadership responsibility system during the term of office and the implementation of which shall be supervised by the people's government at the next higher level.

　　Article 5 All units and individuals have the obligation to protect the basic farmland and have the right to report or file a charge against acts of infringement on and occupation of and destruction of basic farmland and other acts in violation of these Regulations.

　　Article 6 The competent department of land administration and the competent department of agriculture administration under the State Council shall be responsible for the work of administering the protection of basic farmland nationwide in accordance with the division of functions and responsibilities prescribed by the State Council and in pursuance of these Regulations.

　　Competent departments of land administration and competent departments of agriculture administration of local people's governments at all levels above the county level shall be responsible for the work of administering the protection of basic farmland within their respective administrative areas in accordance with the division of functions and responsibilities prescribed by the people's government at the corresponding level and in pursuance of these Regulations.

　　The village(township) people's governments shall be responsible for the work of administering the protection of basic farmland within their respective administrative areas.

　　Article 7 The state shall reward the units and individuals having made remarkable achievements in the work of basic farmland protection.

　　Chapter II Delimitation

　　Article 8 People's governments at all levels should, in the process of compiling the overall planning for land utilization, list basic farmland protection as one of the contents of the planning, expressly defining the arrangement for the layout, quantum targets and quality requirements of basic farmland protection.

　　County-level and village(township) overall planning for land utilization should determine the basic farmland protection zones.

　　Article 9 The basic farmland delimited by the provinces, autonomous regions and municipalities directly under the Central Government should account for more than 80% of

the total area of cultivated land within their respective administrative areas. Specific quantum targets shall be broken down and transmitted level by level in accordance with the overall national planning for land utilization.

　　Article 10 The following cultivated land should be delimited as basic farmland protection zones and put under strict administration:

　　(1)cultivated land in foodgrains, cotton and oils production bases determined upon approval of the competent departments concerned under the State Council or local people's governments above the county level;

　　(2)cultivated land with good water conservancy and water and soil conservation works and median- or low-yield farmland under transformation plan as well as those that can be transformed;

　　(3)vegetables production bases;

　　(4)plots for agricultural scientific research and teaching experiments.

　　Cultivated land along such lines of communications as railways and highways and on the periphery of land for construction in municipalities and villages and townships should be delimited as basic farmland protection zones on a priority basis in accordance with the overall planning for land utilization; cultivated land that needs to be returned to forestry, grazing and lakes should not be delimited as basic farmland protection zones.

　　Article 11 Zoning and demarcation of basic farmland protection zones shall be carried out with the village(township) as the unit, organization for the implementation of which shall be conducted by the competent department of land administration of the people's government at the county level in conjunction with the competent department of agriculture administration at the same level.

　　People's governments at the county level shall set up protection markers for the delimited basic farmland protection zones and make an announcement thereof, the competent departments of land administration of people's governments at the county level shall build files with copies sent to the competent departments of agriculture administration at the same level. No unit or individual shall destroy or alter without authorization protection markers of a basic farmland protection zone.

　　Upon zoning and demarcation of basic farmland, people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall organize the competent departments of land administration and the competent departments of agriculture administration in conducting acceptance checks for confirmation, or people's governments of municipalities with subordinate districts and autonomous prefectures shall, with the authorization of people's governments of the provinces and autonomous regions, organize the competent departments of land administration and the competent departments of agriculture administration in conducting acceptance checks for confirmation.

　　Article 12 No change shall be effected in contractual management rights of the land contractors in the delimitation of basic farmland protection zones.

　　Article 13 Technical rules for the delimitation of basic farmland protection zones shall be formulated by the competent department of land administration under the State Council in conjunction with the competent department of agriculture administration under the State Council.

　　Chapter III Protection

　　Article 14 Local people's governments at all levels should take measures to ensure that there is no reduction in the quantum of basic farmland within their respective administrative areas as determined by the overall planning for land utilization.

　　Article 15 No unit or individual shall change or occupy the basic farmland protection zone upon delimitation according to law. In the event of inability to move away from basic farmland protection zones in site selection for such major construction projects as state energy, communications, wat

er conservancy and military installations that require occupation of basic farmland involving diversion to other use of agricultural land or land requisition, it must be subject to the approval of the State Council.

　　Article 16 Where occupation of basic farmland has been approved by the State Council, people's government of the locality should revise the overall planning for land utilization in accordance with the approval document of the State Council, and make up equivalent basic farmland in quantum and quality. The occupation unit should, in accordance with the principle of reclamation according to occupation, be responsible for the reclamation of cultivated land equivalent to the quantum and quality of the basic farmland occupied; where there are no conditions for reclamation or the reclaimed cultivated land fails to conform to requirements, payment of cultivated land reclamation fee should be effected in accordance with the provisions of the provinces, autonomous regions and municipalities directly under the Central Government.

　　Basic farmland occupation units should, in accordance with the requirements of people's governments above the county level, apply the soil of the cultivated layer of the basic farmland occupied to soil improvement of the newly reclaimed cultivated land, inferior land or other cultivated land.

　　Article 17 Kiln building, house construction, tomb building, sand digging, quarrying, mining, earth gathering, piling up of solid wastes or other activities that destroy basic farmland by any unit or individual within basic farmland protection zones shall be prohibited.

　　Occupation of basic farmland by any unit or individual for the development of forestry industry, fruit industry and digging of ponds for fish farming shall be prohibited.

　　Article 18 Ren

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