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

may be filed in phases on the basis of the schemes determined in the feasibility study and the relevant formalities of examination and approval completed in phases.

　　Article 22 Need of occupation of state-owned land for construction for a specific construction project withi

n the scope of land for urban construction determined in the overall planning for land utilization shall be handled pursuant to the following provisions:

　　(1)at the time of the construction project feasibility study, the competent department of land administration shall examine the matters relating to land use for the construction project and come up with a report on the preliminary examination of land use for the construction project; at the time of submission of the feasibility study for approval, the report on the preliminary examination of land use for the construction project produced by the competent department of land administration must be enclosed therewith.

　　(2)the construction unit shall, on the strength of the relevant approval document of the construction project, file an application for land for construction with the competent department of land administration of municipal or county people's government, the competent department of land administration of the municipal or county government shall examine the same, draft a land provision plan and submit it to the municipal or county people's government for approval; where approval by people's government at the next higher level is required, it should be submitted to the people's government at the next higher level for approval.

　　(3)municipal or county people's government shall, upon approval of the land provision plan, issue a certificate of approval for land for construction for the construction unit. In the case of paid-for use of state-owned land, the competent department of land administration of municipal or county people's government shall conclude a contract on the paid-for use of state-owned land with the land user; in the case of appropriation for use of state-owned land, the competent department of land administration shall verify and issue a certificate of decision on the appropriation of state-owned land.

　　(4)the land user should file an application for land registration according to law.

　　For provision of use right of state-owned land for construction in the form of tender or auction, the competent departments of municipal or county people's governments shall, in conjunction with the departments concerned, draw up a plan and submit it to the municipal or county people's government, the competent department of land administration of municipal or county people's government shall organize its implementation upon approval, and conclude a contract on the paid-for use of the land with the land user. The land user should file an application for land registration according to law.

　　Article 23 For need to use land for a specific construction project, an application must be filed according to law for the use of state-owned land for construction within the scope of urban land for construction determined in the overall planning for land utilization. Where an actual need arises for the use of land outside the scope of land for urban construction determined by the overall planning for land utilization for such construction projects as energy, communications, water conservancy, mines and military installations involving agricultural land, it shall be handled pursuant to the following provisions:

　　(1)at the time of the construction project feasibility study authentication, the competent department of land administration shall examine the matters relating to land use for the construction project and come up with a report on the preliminary examination of land use for the construction project; at the time of submission of the feasibility study for approval, the report on the preliminary examination of land use for the construction project produced by the competent department of land administration must be enclosed therewith.

　　(2)The construction unit shall, on the strength of the relevant approval decumbent of the construction project, file an application for land for construction with the competent d

epartment of municipal or county people's government, the competent department of municipal or county people's government shall examine the application, draw up an agricultural land conversion plan, land requisition plan and land provision plan(where state owned agricultural land is involved, no land requisition plan shall be drafted), which shall, upon examination, verification and consent of the municipal or county people's government, be submitted level by level to the people's government with the authority of approval for approval; among which, the cultivated land supplement plan shall be simultaneously approved by the people's government that approves the agricultural land conversion plan at the time of approval of the agricultural land conversion plan; the land provision plan shall be simultaneously approved by the people's government that approves land requisition at the time of approval of the land requisition plan(where state-owned agricultural land is involved, the land provision plan shall be simultaneously approved by the people's government that approves the agricultural land conversion at the time of approval of the agricultural land conversion plan).

　　(3)Municipal, county people's governments shall, upon approval of the agricultural land conversion plan, cultivated land supplement plan, land requisition plan and land provision plan, organise their implementation and issue the certificate of approval of land for construction to the construction unit. Where there is paid-for use of state-owned land, the competent department of land administration of municipal or county people's government shall conclude a contract on the paid-for use of state owned land with the land user; where state-owned land is appropriated for use, the competent department of land administration of municipal or county people's government shall verify and issue a certificate of decision on the appropriation of state-owned land to the land user.

　　(4)The land user should file an application for land registration according to law.

　　Where an actual need arises for land use for a construction project outside the scope of land for urban construction determined in the overall planning for land utilization involving unutilized land under peasants' collective ownership, only land requisition plan and land provision plan shall be submitted for approval.

　　Article 24 Where a need arises for the occupation of state-owned unutilized land determined in the overall planning for land utilization for a specific construction project, it shall be handled pursuant to the provisions of the provinces, autonomous regions and municipalities directly under the Central Government; however, land use for key state construction projects, military installations and construction projects transcending the administrative areas of the provinces, autonomous regions and municipalities directly under the Central Government should be submitted to the State Council for approval.

　　Article 25 Municipal, county people's government of the locality whose land has been requisitioned shall , upon approval of the land requisition plan according to law, organize its implementation, and make an announcement in the village(township), hamlet whose land has been requisitioned on the approval organ of the land requisition, number of the approval document, use, scope and area of the requisitioned land as well as the rates for compensation of land requisition, measures for the resettlement of agricultural personnel and duration for processing land requisition compensation.

　　Persons of ownership and persons of use right of the requisitioned land should, within the duration prescribed in the announcement, go to the competent department of people's government designated in the announcement to go through the registration for land requisition compensation on the strength of land ownership certificates.

　　The competent departments of municipal

, county people's governments shall, on the basis of the approved land requisition plan and in conjunction with the departments concerned, draw up land requisition compensation and resettlement plan, make an announcement thereof in the village(township),hamlet wherein the requisitioned land is located to solicit the views of the rural collective economic organizations and peasants on the requisitioned land. The competent departments of land administration of municipal, county people's governments shall, upon approval of the land requisition compensation and resettlement plan submitted to the municipal, county people's governments, organize its implementation. Where a dispute arises over the compensation rates, coordination shall be carried out by local people's government above the county level; where coordination has failed, arbitration shall be resorted to by the people's government that approved the land requisition. Land requisition compensation and resettlement dispute shall not affect the implementation of the land requisition plan.

　　Payment of various expenses for land requisition should be effected in full within 3 months starting from the date of approval of the land requisition and resettlement plan.

　　Article 26 Land compensation fee goes to the rural collective economic organization; compensation fee for ground appendices and young crops shall be for the owner(s) of ground appendices and young crops.

　　Funds earmarked for land requisition resettlement subsidy must be used for the designated purpose and shall not be diverted t

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