中华人民共和国土地管理法（第二次修正） Land Administration Law of the Peoples Republic of China

(Adopted at the 16th Meeting of the Standing Committee of the Sixth National People's Congress on June 25, 1986, amended in pursuance of the<
颁布日期：19980829 　实施日期：19990101 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Land Ownership and Use Right

　　Chapter III Overall Planning for Land Utilization

　　Chapter IV Cultivated Land Protection

　　Chapter V Land for Construction

　　Chapter VI Supervision and Inspection

　　Chapter VII Legal Liability

　　Chapter VIII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is enacted in accordance with the Constitution with a view to strengthening land administration, safeguarding the socialist public ownership of land, protecting and developing land resources, rationally utilizing the land, earnestly protecting the cultivated land and promoting sustainable socio-economic development.

　　Article 2 The People's Republic of China practises the socialist public ownership of land, namely ownership by the whole people and collective ownership by the laboring masses.

　　Ownership by the whole people namely the ownership of state-owned land shall be exercised by the State Council on behalf of the state.

　　No unit or individual shall infringe on and occupy, buy and sell or illegally transfer land in other forms. Land use right may be transferred in accordance with law.

　　The state may, out of necessity of public interest, requisition land collectively owned in accordance with law.

　　The state practises the system of paid-for use for state-owned land in accordance with law. However, appropriation of state-owned land use right by the state within the scope prescribed by law is excluded.

　　Article 3 Most sparing and rational land utilization and earnest protection of cultivated land constitute China's basic state policy. People's governments at all levels should take measures in overall planning, strict administration, protection and development of land resources and curbing illegal acts of occupation of land.

　　Article 4 The state practises the system of land use control.

　　The state compiles overall planning for land utilization, provides for land uses and classifies land as farm land, land for construction and unutilized land. Strict restriction shall be imposed on turning farm land into land for construction, quantum of land for construction shall be controlled and special protection provided for cultivated land.

　　Farm land referred to in the preceding paragraph means land used directly for agricultural production including cultivated land, forest land, grassland, land for farmland water conservancy and water surface for cultivation and breeding; land for construction means land for building constructions and structures including land for urban and rural residences and public facilities, land for industries and mines, land for communications and water conservancy works, land for tourism and land for military installations; unutilized land means land other than farm land and land for construction.

　　Any unit or individual that uses land must use the land in strict accordance with the uses determined by the overall planning for land utilization.

　　Article 5 The competent department of land administration under the State Council shall be uniformly responsible for the work of land administration and supervision nationwide.

　　The establishment of competent departments of land administration of local people's governments at or above the county level and their responsibilities shall be determined by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government pursuant to the relevant provisions of the State Council.

　　Article 6 Any unit or individual has the obligation to abide by the law

s and regualtions on land administration and has the right to report on or file a charge against any act violating the laws and regulations on land administration.

　　Article 7 Units and individuals that have made remarkable achievements in the protection and development of land resources, rational utilization of land and conduct of related scientific research shall be rewarded by the people's government.

　　Chapter II Land Ownership and Use Right

　　Article 8 Land in urban areas of cities belongs to the state.

　　Land in rural areas and suburban areas of cities excluding those belonging to the state prescribed by law belongs to peasants' collective ownership; house sites, land alloted for personal needs and hilly land alloted for private use belongs to peasants' collective ownership.

　　Article 9 State-owned land and land collectively owned by peasants may be determined in accordance with law to be used by units or individuals. Units and individuals using the land have the obligation to protect, manage and rationally utilize the land.

　　Article 10 Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to village(township) peasants' collective ownership shall be managed and administered by the village(township) rural collective economic organization.

　　Article 11 People's governments at the county level shall enter into registration in a register, issue certificates in confirmation of the ownership for the land collectively owned by peasants.

　　People's governments at the county level shall enter into registration in a register, issue certificates in confirmation of the land use right for construction for land collectively owned by peasants to be used for non-agricultural construction in accordance with law.

　　People's governments at or above the county level shall enter into registration in a register and issue certificates in confirmation of the right to use for state-owned land used by units and individuals in accordance with law; among which the specific registration and certificate-issuing organ for state-owned land used by the Party and state organs shall be determined by the State Council.

　　Confirmation of ownership or the right to use of forest land and grassland, confirmation of the right to use for cultivation and breeding of water surface and beaches and shoals shall be handled pursuant to the relevant provisions of the <

　　Article 12 Whoever changes land ownership and use in accordance with law should go through formalities of change in registration of land.

　　Article 13 The land the ownership and the right to use of which have been registered in accordance with law is protected by law, upon which no unit and individual shall infringe.

　　Article 14 Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law.

　　Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual contractors, it mu

st have the consent of over two thirds of the members of the villagers' conference or over two thirds of the villagers' representatives, and be submitted to the competent department of agriculture administration of village(township) people's government and people's government at the county level for approval.

　　Article 15 State-owned land may be contracted for management by units or individuals for cultivation, forestry, animal husbandry and fishery production. Land collectively owned by peasants may be contracted and managed by units or individuals other than those in the collective economic organization for cultivation, forestry, animal husbandry and fishery production. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. The duration of land contracting and management shall be agreed on in the contract. The units and individuals that contract the land for management have the obligation to protect and rationally utilize the land pursuant to the use agreed on in the contract.

　　For land collectively owned by peasants contracted out for management by units or individuals other than those in the respective collective economic organization, it must have the consent of over two thirds of the members of the peasants' conference or over two thirds of the villagers' representatives and be submitted to the village(township) people's government for approval.

　　Article 16 Disputes over land ownership and the right to use shall be resolved by the parties interested through consultation; it shall be handled by the people's government in the event of failure of consolation.

　　Disputes between units shall be handled by people's governments at or above the county level; disputes between individuals and those be

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