Resource information
These Regulations issued in implementation of the Land Administration Law, provide for (A) registration of landownership and land-use rights; (B) the systematic surveying of lands, land-use planning, and other mechanisms to control land use; (C) procedures for the expropriation of land needed for public construction purposes; (D) restrictions on the use of agricultural land for housing purposes; and (E) criteria for the determination of the kind and amount of fines payable for offences committed under the principal Law.The Regulations give the clarification of land is susceptible to State or people's ownership. Ownership of collectively owned land, and user rights in state-owned land are to be registered with the government at county level or above. Upon registration, "collective land deeds" are issued confirming ownership of collective land, or "user certificates" are issued confirming user right in state-owned lands. Any change in ownership or user rights as a result, inter alia, of transfer are to be duly recorded, and the relevant titles amended accordingly. All disputes involving land-ownership and use rights are handled by the Government at the appropriate level.The Regulations direct the central and the local governments to prepare, respectively, national and local land survey plans, leading to the establishment of a systematic land survey of the country. A land grading system is to form part of the survey. The Government is also directed to build up a land statistical system. Detailed procedural rules govern the taking of land for public construction, railway, highway, oil or water piping, and emergency and disaster relief operations. The use of agricultural farmland for housing projects is strictly regulated both if the project proponent is a villager and if he/she is a town resident.Final provisions are the offences and penalties.
Implements: Land Administration Law of the People's Republic of China. (2004-08-28)
Repeals: Regulations for the implementation of the Land Administration Law of the People's Republic of China. (1991-01-04)
