Resource information
These Regulations aim at implementing the special protection of the basic farmland and promoting the development of agricultural production and the national economy. "Basic farmland" means cultivated land which is determined in accordance with the demand of the population of agricultural products, the needs of the national economy, as well as a forecast of the use of land for construction for specified period of time, and which shall not be occupied for other uses for a long term, or within the specified protective period. "Protected areas of basic farmland" means areas delimited in accordance with the legal procedures for implementing the special protection of basic farmland. The Regulations regard in particular:(A) Delimitation of protected areas of basic farmland. To this end, article 12 identifies four categories of cultivated land: 1) production bases for cereals, cotton, edible oils and for famous, superior, specialty and new agricultural products; 2) farmland providing high and stable yields and land providing low to medium yields with respect to water conservancy, water and soil conservation and land reclamation; 3) production bases providing vegetables to large and medium-sized cities; 4) land dedicated to agricultural scientific research. Cultivated land designated as protected areas of basic farmland are divided into (a) first grade basic farmland, which includes cultivated land with excellent production conditions and high yield capacities, and (b) second grade basic farmland, including cultivated land with good production conditions and relatively good yields. The competent authorities at county level shall designate and mark protected areas of basic farmland by appropriate protection signs and shall make related announcements.(B)Protection of basic farmland. Once a protected area of basic farmland is designated, no unit or individual may alter or occupy said land without authorization. Specific provisions regulate the occupation of cultivated land in protected areas of basic farmland for the construction of projects of national importance (e.g., establishment of development zones, housing, etc.). It is prohibited to change the cultivated land in protected areas of basic farmland into non-cultivated land. Units and individuals are prohibited from allowing cultivated land to remain idle or in any other way wasting the land in protected areas of basic farmland.(C) Supervision and administration. Local people's governments at or above county level shall sign a letter of responsibility for the protection of basic farmland. The letter of responsibility shall include: (1) the total size of the area and related tracts of basic farmland; (2) the grade of farmland; (3) protective measures; (4) rights and obligations of all parties; (5) rewards and punishment. People's governments at county level and above shall establish a system guiding supervision and inspection of the protection of basic farmland, and shall carry out periodical inspections.Final provisions concern the enforcement of the provisions of the present Regulations and establish offences and penalties.
Implemented by: Measures for investigating, monitoring and evaluating the quality of cultivated lands. (2016-06-21)
Implements: Land Administration Law of the People's Republic of China. (2004-08-28)
