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

pective collective economic organization approved in accordance with law for the establishment of rural and township enterprises and construction of residences by villagers, or use of land collectively owned by peasants approved in accordance with law for the construction of village(township)public facilities and non-profit undertakings is excluded.

　　Application for the use of state-owned land in accordance with law referred to in the preceding paragraph includes the state-owned land and the land that originally belonged to collective ownership by peasants and has been requisitioned by the state.

　　Article 44 For occupation and use of land for construction involving turning agricultural land into land for construction, formalities of examination and approval for turning agricultural land into other uses should be completed.

　　Occupation and use of land involving turning agricultural land into land for construction for construction projects of roads, pipelines, cables and big-size infrastructure approved by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and construction projects approved by the State Council shall be subject to the approval of the State Council.

　　Turning agricultural land into land for construction for the implementation of the said planning within the scale of land for construction for municipalities and villages and townships determined by the overall planning for land utilization shall be subject to the approval of the organ that originally approved the overall planning for land utilization in batches in accordance with the annual land use plan. Within the scope of agricultural land turning into other uses already approved, land for specific construction projects can be approved by municipal and county people's governments.

　　Occupation and use of land involving turning agricultural land into land for construction for construction projects other than those prescribed in the Second Paragraph and Third Paragraph of this Article shall be subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.

　　Article 45 Requisition of the following land shall be subject to the approval of the State Council:

　　(1)basic farmland;

　　(2)cultivated land other than the basic farmland exceeding 35 hect

ares; and

　　(3)other land exceeding 70 hectares.

　　Requisition of land other than those prescribed in the preceding paragraph shall be subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the State Council for the record.

　　For the requisition of agricultural land, formalities of examination and approval for turning agricultural land into other uses should be completed beforehand in accordance with the provisions of Article 44 of this Law. Among which, for agricultural land turned into other use approved by the State Council, formalities for examination and approval for land requisition shall be processed simultaneously, and no separate formalities of examination and approval shall be gone through; for agricultural land turned into other uses approved by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government within the limits of authority for the approval of land requisition, formalities for examination and approval of land requisition shall be processed simultaneously, and no separate formalities of examination and approval for land requisition shall be gone through, where it is beyond the limits of authority for the approval of land requisition, separate formalities of exmamination and approval of land requisition should be completed pursuant to the provisions of the First Paragraph of this Article.

　　Article 46 For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation.

　　Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent department of local people's government to enter into registration for compensation for land requisition.

　　Article 47 For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land.

　　Compensation fee for the cultivated land requisitioned include land compensation fee, subsidy for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be six to ten times of the average annual output value in the three years prior to requisition. Subsidy for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average per capita occupancy of cultivated land of the unit requisitioned. The rate of subsidy for resettlement per head of the agricultural population that requires resettlement shall be four to six times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidy for resettlement for cultivated land requisitioned per hectare shall not exceed fifteen times of the average annual output value in the three years prior to the requisition.

　　The rate of land compensation fee and subsidy for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidy for resettlement for the requisition of cultivated land as reference.

　　Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government.

　　For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuant to relevant sta

te provisions, pay to the new vegetable plot development and construction fund.

　　Additional subsidy for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and subsidy for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidy for resettlement shall not exceed thirty times of the average annual output value in the three years prior to requisition of the land.

　　The State Council may, in accordance with the level of socio-economic level, increase the rate of land compensation fee and subsidy for resettlement under extraordinary circumstances.

　　Article 48 Upon determination of the scheme for compensation and resettlement for land requisition, the local people's government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land.

　　Article 49 The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision.

　　Article 50 Local people's governments at all levels should provide support for rural collective economic organizations and peasants of the requisitioned land for development and management and establishment of enterprises.

　　Article 51 Rate of compensation for land requisitioned for construction of big- and medium-size water conservancy works and hydropower projects shall be fixed and measures for emigrant resettlement formulated separately by the State Council.

　　Article 52 The competent department of land administration may, during the feasibility study and authentication of a construction project, examine the matters related to the land for construction and put forth suggestions in accordance with the overall planning for land utilization, the annual land use plan and standards for land for construction.

　　Article 53 For an approved construction project that needs to use state-owned land for construction, the construction unit should bring the relevant documents prescribed by laws and regulations and file an application at the competent department of land administration of people's government at or above the county level that has the authority of approval which shall be submitted to the people's government at the corresponding level for approval upon examination by the competent department of land administration.

　　Article 54 Use of state-owned land for a construction project should be obtained in the form of paid-for use such as transfer; however, the following use of land for construction may be obtained in the form of appropriation subject to the approval of people's government at or above the county level in accordance with law:

　　(1)land use by state organs and land use for military purposes;

　　(2)land use for urban infrastructure and land use for non-profit undertakings;

　　(3)land use for such infrastructure as energy, communic

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