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

tween an individual and a unit shall be handled by the village-level people's governments or people's governments at or above the county level.

　　The party interested that refuses to obey the decision on the handling by the people's government concerned may, within 30 days starting from the date of receipt of the notice on the decision on handling, file a suit at a people's court.

　　Neither party shall alter the status of land utilization prior to the resolution of the dispute over the land ownership and the right to use.

　　Chapter III Overall Planning for Land Utilization

　　Article 17 People's governments at all levels should, pursuant to the planning for national socio-economic development, requirements of territorial treatment and resources and environment protection, land supply ability as well as the demand for land for various construction, organize the compilation of overall planning for land utilization.

　　The duration of planning for overall planning for land utilization shall be determined by the State Council.

　　Article 18 The overall planning for land utilization at the lower level shall be compiled pursuant to the overall planning for land utilization at the next higher level.

　　The quantum of land for construction in the overall planning for land utilization compiled by local people's governments at all levels shall not exceed the control targets determined in the overall planning for land utilization at the next higher level, and the quantum of preserved cultivated land shall not be lower than the control targets determined by the overall planning for land utilization at the next higher level.

　　The overall planning for land utilization compiled by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government should ensure that there is no reduction in the quantum of cultivated land within their respective administrative areas.

　　Article 19 The overall planning for land utilization shall be compiled in accordance with the following principles:

　　(1)strict protection of basic farmland

, control of occupation of farmland for non-agricultural construction;

　　(2)improvement of land use rate;

　　(3)overall arrangement for land for various purposes and various areas;

　　(4)protection and improvement of the ecological environment, and guarantee of sustainable land use; and

　　(5)balance between occupation of cultivated land and development and reclamation of cultivated land.

　　Article 20 The overall planning for land utilization at the county level should delimit land use zones and define land uses.

　　Village(township) overall planning for land utilization should delimit land use zones, determine the use of every plot of land on the basis of the conditions for land use and an announcement to the effect shall be made.

　　Article 21 Overall planning for land utilization shall be examined and approved by different levels.

　　The overall planning for land utilization of the provinces, autonomous regions and municipalities directly under the Central Government shall be submitted to the State Council for approval.

　　The overall planning for land utilization of municipalities wherein the people's governments of the provinces and autonomous regions are located and municipalities of a population of over one million as the municipalities designated by the State Council shall, upon the examination and consent of the people's governments of the provinces and autonomous regions, be submitted to the State Council for approval.

　　The overall planning for land utilization other than those prescribed in the Second Paragraph and Third Paragraph of this Article shall be submitted level by level to the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for approval; among which the village(township) overall planning for land utilization may be approved by the people's governments of municipalities and autonomous prefectures with subordinate districts with authorization by the people's governments at the provincial level.

　　The overall planning for land utilization once approved must be strictly implemented.

　　Article 22 The scale of land used for urban construction should meet the standards set by the state, full use of the existing land for construction should be made, and no farmland or as less as possible farmland should be occupied.

　　Urban overall planning, village and township planning should be coupled with overall planning for land utilization, the scale of land used for construction in urban overall planning, village and township planning must not exceed the scale of land used for urban, village and township construction determined in the overall [landing for land utilization.

　　Within urban planning zones, village and township planning zones, land used for urban, village and township construction should accord with urban planning and village and township planning.

　　Article 23 Planning for integrated harnessing, development and exploitation of rivers and lakes should be coupled with overall planning for land utilization. Within the range of administration and protection of rivers, lakes and reservoirs as well as within flood storage areas and flood detention areas, land utilization should accord with the planning for integrated harnessing, development and exploitation of rivers and lakes, accord with the requirements for flood passage, flood storage and discharge of water in river courses and lakes.

　　Article 24 People's governments at all levels should strengthen administration of land utilization plan and practise quantum control of land used for construction.

　　Annual land use plan shall be compiled pursuant to the national socio-economic development plan, state industrial policies, overall planning for land utilization as well as the actual conditions of land used for construction and land utilization. The annual land use plan,

the procedures for the compilation, examination and approval of which are identical to those for the compilation, examination and approval of the overall planning for land utilization, once examined, approved and transmitted to the lower levels, must be strictly adhered to.

　　Article 25 People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should list the state of implementation of the annual land use plan as content of the state of implementation of the national socio-economic development plan and report to the people's congresses at the corresponding level.

　　Article 26 Revision of the approved overall planning for land utilization must be submitted to the original approval organ for approval; no alteration shall be made in land uses determined in the overall planning for land utilization without approval.

　　In case of necessity of alteration in overall planning for land utilization for land for construction of big-size energy, transport and water conservancy infrastructure approved by the State Council, revision of the overall planning for land utilization shall be made pursuant to the approval document of the State Council.

　　In case of necessity of alteration in overall planning for land utilization for land for construction of energy, transport and water conservancy infrastructure approved by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, where it falls within the authority of approval for the overall planning for land utilization of people's governments at the provincial level, revision of the overall planning for land utilization shall be made pursuant to the approval document of the people's government at the provincial level.

　　Article 27 The state establishes the land survey system.

　　The competent departments of land administration of people's governments at and above the county level shall, in conjunction with the departments concerned at the corresponding level, conduct land survey. Land owners or users should cooperate in the survey and provide relevant materials.

　　Article 28 The competent departments of land administration of people's governments at and above the county level shall, in conjunction with the departments concerned at the corresponding level and in pursuance of land survey results, planned land uses and uniform standards set by the state, evaluate the grades of land.

　　Article 29 The state establishes land statistics system.

　　The competent departments of land administration of people's governments at and above the county level and the statistics departments at the corresponding level jointly formulate statistical survey schemes, carry our land statistics in accordance with law and publish land statistical information at regular intervals. Land owners or users should provide relevant information and must not make false reports, concealments, refuse to report and delay in report.

　　The competent departments' of land administration and statistics departments' jointly published land area statistical information constitute the basis of people's governments at all levels for the compilation of overall planning for land utilization.

　　Article 30 The state establishes the national land administration information system for dynamic monitoring of the state of land utilization.

　　Chapter IV Cultivated Land Protection

　　Article 31 The state protects cultivated land and strictly controls turning cultivated land into non-cultivated land.

　　The state practises the system

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