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

o any other purpose. For persons required to be resettled by the rural collective economic organization, payment of the resettlement subsidy shall be made to the rural collective economic organization to be administered and used by the rural collective economic organization; where resettlement is to be arranged by other units, the resettlement subsidy shall be paid to the resettlement units; where no unified resettlement is required, the resettlement subsidy shall be given to the individuals to be resettled or used for the payment of insurance premium for the resettled persons on gaining the consent of the resettled persons.

　　Municipal, county and village(township) people's governments should strengthen supervision over the use of resettlement subsidy.

　　Article 27 For emergency use of land required for dealing with an emergency or disaster relief, the land may be used first. Among which, where the land is for temporary use, the original state should be restored when the disaster is over and the land shall be returned to its original user for use, and formalities of examination and approval for land use are no longer required; when it falls into land for permanent construction, the construction unit should, within 6 months after the disaster is over, file an application for making up the formalities of examination and approval of land for construction.

　　Article 28 Where a need arises for the temporary occupation of cultivated land for the construction and geological survey of a construction project, the land user should, within one year starting from the date of expiry of temporary land use, restore the conditions for cultivation.

　　Article 29 Forms of paid-for use of state-owned land include:

　　(1)transfer of state-owned land use right;

　　(2)leasing of state-owned land; and

　　(3)contribution at a fixed value or equity participation for state-owned land use right.

　　Article 30 The paid-for land use fee for newly-added land for construction prescribed in Article 55 of the Land Administration Law means the average land net income the state should accrue from the newly added land for construction.

　　Chapter VI Supervision and Inspection

　　Article 31 Inspectors of land administration supervision should receive training and may engage in the work of land administration supervision and inspectio

n only upon passing evaluation.

　　Article 32 In fulfilling the duties and responsibilities of supervision and inspection, the competent departments of land administration may, in addition to taking the measures provided for in Article 67 of the Land Administration Law, adopt the following measures:

　　(1)inquire the party(parties) concerned, suspect(s) and witness(es) of a law-breaking case;

　　(2)enter the site of land illegally occupied by the unit or individual under inspection to take photos or make video recording;

　　(3)order the party(parties) concerned to stop illegal acts relating to land under way;

　　(4)stop processing formalities of examination and approval and registration of land with respect to the unit or individual suspected of violation of law on land; and

　　(5)order the law-breaking suspect(s) not to sell, transfer properties relevant to the case during investigation.

　　Article 33 Where administrative sanctions are to be imposed pursuant to the provisions of Article 72 of the Land Administration Law, they shall be imposed by the competent department of land administration of people's government at the next higher level that has taken the decision on administrative penalty or made the decision on imposing direct administrative penalty. The competent department of land administration at the next higher level may directly make a decision on administrative penalties of meteing out a warning, recording a demerit or recording a major demerit; with respect to decisions on administrative penalties of demotion, removal from office and dismissal, the competent department of land administration at the next higher level should, pursuant to the state provisions concerning limits of authority of personnel management and procedures of handling, put forth a proposal for administrative sanctions to the organ concerned, and it shall be handled by the organ concerned according to law.

　　Chapter VII Legal Liability

　　Article 34 Whoever carries out reclamation within the reclamation prohibition zone determined by the overall planning for land utilization in violation of the provisions of Article 17 of these Regulations, the competent department of land administration of people's government above the county level shall order him/her to make a rectification within a given time period; whoever fails to make a rectification on expiry of the given time period, a penalty shall be imposed pursuant to the provisions of Article 76 of the Land Administration Law.

　　Article 35 Whoever builds permanent construction(s) or structure(s) on land for temporary use, the competent department of land administration of people's government above the county level shall order him/her to dismantle it(them) within a given time period; whoever fails to dismantle on expiry of the given time period, the organ that made the penalty decision shall file an application for mandatory enforcement with a people's court according to law.

　　Article 36 The reconstructed or expanded constructions or structures that fail to conform to the uses determined in the overall planning for land utilization prior to the formulation of the overall planning for land utilization shall be ordered by the competent department of land administration of people's government above the county level to be dismantled within a given time period; whoever fails to dismantle on expiry of the given time period, the organ that made the penalty decision shall file an application with a people's court for mandatory enforcement according to law.

　　Article 37 Whoever obstructs functionaries of the competent department of land administration in the discharge of duties according to law shall be imposed penalty of public security administration or investigated of the legal liability according to law.

　　Article 38 Where a fine is to be imposed pursuant to the provisions of Article 73 of the Land Administra

tion Law, the amount of fine shall be less than 50% of the illegal income.

　　Article 39 Where a fine is to be imposed pursuant to the provisions of Article 81 of the Land Administration Law, the amount of fine shall be more than 5% less than 20% of the illegal income.

　　Article 40 Where a fine is to be imposed pursuant to the provisions of Article 74 of the Land Administration Law, the amount of fine shall be less than 200% of the cultivated land reclamation fee.

　　Article 41 Where a fine is to be imposed pursuant to the provisions of Article 75 of the Land Administration Law, the amount of fine shall be less than 200% of the land reclamation fee.

　　Article 42 Where a fine is to be imposed pursuant to the provisions of Article 76 of the Land Administration Law, the amount of fine shall be less than RMB 30 yuan per square meter of the illegally occupied land.

　　Article 43 Where a fine is to be imposed pursuant to the provisions of Article 80 of the Land Administration Law, the amount of fine shall be more than RMB 10 Yuan less than RMB 30 Yuan per square meter of the illegally occupied land.

　　Article 44 Whoever fails to restore the cultivation conditions on expiry of the given time period in violation of the provisions of Article 28 of these Regulations shall be ordered by the competent department of land administration of people's government above the county level to make a rectification within the given time period, and may be imposed a fine less than 200% of the cultivated land reclamation fee.

　　Article 45 Whoever obstructs requisition of land for construction by the state in violation of the provisions of laws and regulations on land administration shall be ordered by the competent department of land administration of people's government above the county level to hand over the land; whoever refuses to hand over the land, an application shall be filed with a people's court for mandatory enforcement.

　　Chapter VIII Supplementary Provision

　　Article 46 These Regulations shall enter into force as of January 1, 1999. The Regulations on the Implementation of the Land Administration Law of the People's Republic of China promulgated by the State Council on January 4, 1991 is simultaneously superseded

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