中华人民共和国土地管理法实施条例 Regulations on the Implementation of the Land Administration Law of the Peoples Rep

　(2)planning duration;

　　(3)planning scope;

　　(4)plot uses; and

　　(5)approval organ and approval date.

　　Article 12 Revision of overall planning for land utilization pursuant to the provisions of the Second Paragraph and Third Paragraph of Article 26 of the Land Administration Law shall be made by the original compiling organ in accordance with the approval document of the State Council or people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. The revised overall planning for land utilization should be submitted to the original approval organ for approval.

　　When the revised overall planning for land utilization at the next higher level involves revision of overall planning for land utilization at the next lower level, people's government at the next higher level shall notify people's government at the next lower level to make corresponding revision and submit it to the original approval organ for the record.

　　Article 13 People's governments at all levels should strengthen the management of annual plans for land utilization and exercise aggregate control over land for construction. Annual plans for land utilization must, upon approval and transmission to the lower levels, be strictly adhered to.

　　An annual plan for land utilization should contain the following contents:

　　(1)planned targets for the diversion of agricultural land to other uses;

　　(2)planned targets for retained quantum of cultivated land; and

　　(3)planned targets for land development and arrangement.

　　Article 14 Competent departments of land administration of people's governments above the county level should, in conjunction with the departments concerned at the same level, conduct land survey.

　　Land survey should contain the following contents:

　　(1)land ownership;

　　(2)state of land utilization; and

　　(3)conditions of land.

　　Survey results of the current state of local land utilization should be made public in society upon examination and verification of pe

ople's governments at the corresponding level and approval of people's government at the next higher level; survey results of the current state of national land utilization should, upon approval of the State Council, be made public in society. Land survey procedures shall be formulated by the competent department of land administration under the State Council in conjunction with the departments concerned under the State Council.

　　Article 15 The competent department of land administration under the State Council shall, in conjunction with the departments concerned under the State Council, fix the standards for land grade evaluation.

　　The competent departments of land administration of people's governments above the county level should, in conjunction with the departments concerned at the same level, evaluate land grades in accordance with the standards for land grade evaluation. Results of local land grade evaluation should be made public in society upon examination and verification of people's government at the corresponding level and approval of the competent department of land administration at the next higher level.

　　Adjustment in land grades shall be made once every six years in accordance with the state of national economic and social development.

　　Chapter IV Cultivated Land Protection

　　Article 16 Municipal, county people's governments, rural collective economic organizations and construction units shall, pursuant to the provisions of Article 31 of the Land Administration Law, be responsible respectively for the reclamation of cultivated land for occupation of cultivated land within the scope of land use for urban, village and township construction determined in the overall planning for land utilization in implementing urban planning and village, township planning, as well as occupation of cultivated land for such construction projects as energy, communications, water conservancy, mines and military installations outside the scope of land use for urban construction determined in the overall planning for land utilization; where there are no conditions for reclamation or the reclaimed cultivated land fails to conform to the requirements, payment of cultivated land reclamation fee should be effected pursuant to the provisions of the provinces, autonomous regions and municipalities directly under the Central Government.

　　Article 17 Units or individuals are prohibited from engaging in land development activities in reclamation prohibition zones determined by the overall planning for land utilization.

　　Whoever engages in development of state-owned barren hills, barren land or barren shoals the land use right of which has been established for cultivation, forestry, animal husbandry and fishery production in land reclamation zones determined by the overall planning for land utilization should file an application with the competent department of land administration of people's government above the county level of the locality wherein the land is located and submit the same to people's government with the authority of approval for approval.

　　Whoever engages in single-time development of state-owned barren hills, barren land or barren shoals under 600 hectares the land use right of which has not been established shall be subject to the approval of local people's government above the county level pursuant to the limits of authority prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; the case of development of over 600 hectares shall be submitted to the State Council for approval.

　　Development of state-owned barren hills, barren land or barren shoals the land use right of which has not been established for cultivation, forestry, animal husbandry or fishery production may, upon approval of people's government above the county level, be assigned to development units or individuals for long-term use, and

the longest duration of use shall not exceed 50 years.

　　Article 18 County and village(township) people's government should, pursuant to the overall planning for land utilization, organize rural collective economic organizations in formulating land arrangement schemes and organize their implementation.

　　Local people's governments at all levels should, pursuant to the overall planning for land utilization, take measures to press ahead with land arrangement. 60% of the area of the newly-added cultivated land through land arrangement may be used as compensation targets to compensate for the cultivated land occupied for construction.

　　Expenses required for land arrangement shall, in accordance with the principle of whoever is the beneficiary shall bear the expenses, be jointly borne by the rural collective economic organizations and land users.

　　Chapter V Land for Construction

　　Article 19 Occupation of land for construction involving turning agricultural land into land for construction should conform to the agricultural land conversion targets set in the overall planning for land utilization and annual plan for land utilization; occupation of land for urban, village and township construction involving conversion of agricultural land should also conform to urban planning and village, township planning. Where it fails to conform to the provisions, no approval shall be granted for the conversion of agricultural land into land for construction.

　　Article 20 Occupation of land for the implementation of urban planning within the scope of land for urban construction determined in the overall planning for land utilization shall be handled pursuant to the following provisions:

　　(1)municipal, county people's governments shall, pursuant to the annual plans for land utilization, draft agricultural land conversion plans, cultivated land supplement plans, land requisition plans, and submit them in batches and level by level to people's governments with the authority of approval.

　　(2)the competent departments of land administration of people's governments with the authority of approval shall examine the agricultural land conversion plans, cultivated land supplement plans, land requisition plans, put forth examination remarks and submit the same to people's governments with the authority of approval for approval; among which, the cultivated land supplement plans shall be approved simultaneously with the approval of agricultural land conversion plans by people's governments that approve the agricultural land conversion plans.

　　(3)municipal, county people's governments shall, upon approval of the agricultural land conversion plans, cultivated land supplement plans and land requisition plans, organize their implementation and provide land separately according to specific construction projects.

　　For occupation of land for the implementation of village and township planning within the scope of land for village and township construction determined in the overall planning for land utilization, municipal, county people's governments shall draft agricultural land conversion plans and cultivated land supplement plans and process them pursuant to the procedures prescribed in the preceding paragraph.

　　Article 21 For need of land use for a specific construction project, the construction unit should, in accordance with the gross design of the construction project, file a one-time application, and go through the formalities of examination and approval of land for construction; where a project the construction of which is to be carried out in phases, applications for land for construction

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