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

ations and water conservancy to which the state renders key support; and

　　(4)other land uses prescribed by laws and administrative regulations.

　　Article 55 A construction unit with the obtainment of land use right of state-owned land in the form of paid-for use such as transfer may use the land only upon the payment of fee for paid-for land use and other fees such as land use right transfer fund in accordance with the standards and measures prescribed by the State Council.

　　As of the date of coming into effect of this Law, of the paid-for land

use fee of newly-added land for construction, 30% shall be handed over to the central finance and 70% shall be retained by the local people's government concerned, and both shall be used specifically for the development of cultivated land.

　　Article 56 A construction unit that uses state-owned land should use the land in accordance with the agreement in the contract for paid-for use for the transfer of land use right or the provisions of the approval document on the appropriation of land use right; where change in the use for construction of the said plot of land is necessitated, it should be subjected to the consent of the competent department of the people's government concerned and submitted to the people's government that originally approved the land use for approval. Among them, for change in the use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval.

　　Article 57 Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants, it shall be subject to the approval of the competent department of land administration of people's government at or above the county level. Among which, for temporary use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land.

　　User of temporary use of the land should use the land according to the use agreed on in the contract for the temporary use of the land and shall not construct permanent constructions thereon.

　　The duration of temporary use of land shall generally not exceed two years.

　　Article 58 The right to use of state-owned land may, subject to the approval of the people's government that originally approved the use of land or the people's government with authority of approval upon submission by the competent department of land administration of the people's government concerned, be withdrawn for any of the following circumstances:

　　(1)land use required for public interest;

　　(2)adjustment in land use necessitated by reconstruction of old urban districts in implementing urban planning;

　　(3)failure of the land user to apply for extension or failure of obtaining approval for the application for extension on expiry of the duration of use agreed on in the contract for paid-for use in land transfer;

　　(4)stoppage of the use of state-owned land previously appropriated as a result of disbandment or moving of the unit; and

　　(5)highways, railways, airports and mines phased out upon verification and approval.

　　For withdrawal of the right to use of state-owned land pursuant to the First Section and Second Section of the preceding paragraph, appropriate compensation should be given to the land use right holder.

　　Article 59 Rural(township) construction such as rural and township enterprises, rural(township) public facilities, non-profit undertakings, and villagers' residences should, in accordance with village and township planning, have a rational layout, integrated development and matching construction; land for construction should conform to the rural(township)overall planning for land utilization and annual land use plan and formalities of examination and approval should be completed pursuant to the provisions of Articles 44, 60, 61, and 62 of this Law.

　　Article 60 For the establishment of an enterprise using the land for construction determined by the overall planning for rural(township)

land utilization by a rural collective economic organization or joint establishment of an enterprise with other units and individuals in the form of equity participation of land use right and joint operations, an application should be filed at the competent department of land administration of local people's government at or above the county level with the approval document which shall be subject to the approval of local people's government at or above the county level pursuant to the limits of authority of approval prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; among them, for cases involving occupation and use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law.

　　Land for construction for the establishment of enterprises pursuant to the provisions of the preceding paragraph must be strictly controlled. The provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the different trades and management scale of rural and township enterprises, provide respectively for the standards for land use.

　　Article 61 For land use required for the construction of rural(township)public facilities and non-profit undertakings, an application shall be filed at the competent department of land administration of people's government at or above the county level upon examination and verification by village(township) people's government and subject to the approval of local people's government at or above the county level pursuant to the limits of authority of approval prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; among them, for cases involving use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law.

　　Article 62 One household of villagers in a rural area can only possess one house site the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

　　Construction of villagers' residences in the rural areas should conform to the overall planning for rural(township) land utilization, and the best possible use of original house sites and idle land in the villages should be made.

　　Land use for villagers' residences in the rural areas shall be subject to the approval of people's government at the county level upon examination and verification by village(township) people's government; among them, for cases involveing occupation and use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law.

　　Reapplication for a house site by a villager in a rural area who has sold or rented out his/her house shall not be approved.

　　Article 63 The right to use of land collectively owned by peasants shall not be transferred, retransferred or rented out for non-agricultural construction; however, enterprises that obtained land for construction in accordance with law and conforming to the overall planning for land utilization where occurences of transfer of land use right have been brought about by such circumstances as bankruptcy and merger are excluded.

　　Article 64 Constructions and structures completed prior to the formulation of the overall planning for land utilization that fail to conform to the uses determined by the overall planning for land utilization shall not be reconstructed and expanded.

　　Article 65 A rural collective economic organization may, subject to the approval of the people's government that previously approved the land use, withdraw the land use right for any of the following circumstances:

　　(1)land use required for the construction of rural(township) public facilities

and non-profit undertakings;

　　(2)use of land not in accordance with the use approved; and

　　(3)stoppage of the use of the land due to reasons such as disbandment and moving.

　　For withdrawal of land collectively owned by peasants pursuant to the provisions of the First Section of the preceding paragraph, appropriate compensation shall be given to the land use right holder.

　　Chapter VI Supervision and Inspection

　　Article 66 Competent departments of land administration of people's governments at and above the county level shall conduct supervision and inspection over acts in violation of the laws and regulations on land administration.

　　Functionaries of supervision and inspection of land administration should be conversant with land administration laws and regulation, faithful in the discharge of duties and impartial in law enforcement.

　　Article 67 Competent departments of land administration of people's governments at and above the county level have, in fulfilling their duties and responsibilities of supervision and inspection, the power to take the following measures:

　　(1)to demand the unit or individual under inspection to provide documents and materials concerning land right

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