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中华人民共和国土地管理法(修正)(二)

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  Article 30 All kinds of compensation and resettlement subsidies paid for requisitioned land on account of state construction, except for the compensation for individually owned attachments or young crops on the requisitioned land which shall be paid to such individuals, shall be used by the units being requisitioned to develop production, to provide employment for the extra labour force due to requisition of the land and as living subsidies for people who cannot be employed; such funds shall not be used for other purposes and shall not be appropriated by any unit or individual.

  Article 31 Land administration departments of local people's governments at or above the county level shall coordinate the units being requisitioned, units using requisitioned land and other units concerned to help resettle the extra labour force due to requisition of land for state construction by developing agricultural and sideline production and setting up township (town) or village enterprises. If there are still people who cannot be resettled, the qualified persons among them may be given work in the units using the requisitioned land or other units under collective ownership or ownership by the whole people and the corresponding resettlement subsidy shall be transferred to the units which absorb such a labour force.

  If all the land of a unit is requisitioned, members originally registered in agricultural households may change their status to non-agricultural households upon approval of people's governments of provinces, autonomous regions, or municipalities directly under the Central Government. People's governments at or above the county level may consult with the relevant township (town) or village to decide upon the settlement of the original collective-owned property and the compensation and resettlement subsidies received, which shall be used for organizing production and as living subsidies for those who cannot be employed, but shall not be distributed privately.

  Article 32 The compensation standard for requisition of land and the means of resettling people relocated due to construction of large or medium-sized water conservancy or hydroelectric projects shall be stipulated separately by the State Council.

  Article 33 Storage sites for materials, transportation routes and other temporary installations of construction projects shall be situated within the limits of the requisitioned land as far as possible. When additional land for temporary use is truly necessary, the construction units may apply to the agencies authorizing the use of land for projects, specifying the amount of land and the time limit for such temporary use, and shall sign temporary land-use agreements with collective agricultural economic organizations upon such applications being approved. Construction units shall pay compensation each year during the time limit based on the average annual output value of such land for the preceding three years. No permanent structures shall be erected on such land for temporary use. Construction units shall restore the production conditions of such land and return it promptly after the period for temporary use expires.

  Requisition of land for the temporary uses of erecting lines aboveground, laying pipelines underground, building other underground projects, carrying out geological prospecting and so on shall be subject to the approval of local people's governments at the county level, and compensation shall be paid in accordance with the provisions of the preceding paragraph.

  Construction units shall ask for approval from local people's governments at the county level if land surveys are needed for choosing construction sites and shall pay proper compensation for any losses caused.

  Article 34 For the purpose of state construction, state-owned barren hills, wasteland and state-owned land presently used by other units shall be allocated after approval has been granted in accordance with due procedures and limits of approval authority over land requisition for state construction. The state-owned barren hills and wasteland shall be allocated without charge. Construction units which require state-owned land currently used by other units shall pay proper compensation to those units if losses are caused by the requisition and shall be responsible for moving such units if necessary.

  Article 35 Requisition of land for construction by urban units under collective ownership shall be dealt with in accordance with the provisions in this chapter.

  Article 36 When land owned by collectives is needed by an enterprise under ownership by the whole people or an enterprise under ownership by collectives in cities and a collective agricultural economic organization, for setting up a jointly operated enterprise under joint investment, application thereof must be submitted to the land administration department of a local people's government at or above the county level by presenting a project plan description or other documents of approval issued by the competent authority under the State Council or a local people's government at or above the county level in accordance with procedures specified for state capital construction. The people's government at or above the county level shall approve the application within the limits of authority for approval of land requisitions for state construction. The land approved for such use may be requisitioned in accordance with the provisions for land requisitions for state construction, or the right to the use of such land may be offered by a collective agricultural economic organization as a condition for agreement on joint operation.

  Chapter V Use of Land for Township (Town) and Village Construction

  Article 37 Plans for township (town) village construction shall be made in accordance with the principles of rational distribution and economical use of land and shall be put into practice upon approval of people's governments at the county level. Plans for township (town) or village construction within planned areas in cities shall be put into practice upon approval of municipal people's governments.

  Rural residence construction, township (town) and village enterprise construction, township (town) and village public works and public welfare construction and so on shall be conducted in accordance with construction plans of the township (town) and village concerned.

  Article 38 Rural residents shall use original house sites and idle lots in villages to build residences. If cultivated land needs to be used, the matter shall be subject to the examination and verification of people's governments at the township level and the approval of people's governments at the county level. Use of original house sites, idle lots and other land in villages shall be subject to approval of people's governments at the township level.

  The land that rural residents use to build residences shall not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

  Approval for other house sites shall not be granted to those who have sold or leased their houses.

  Article 39 A township (town) or village enterprise that needs land for construction must apply to the land administration department of a people's government at the county level by presenting a project plan description or other documents of approval issued by a local government at or above the county level; the application shall be subject to the approval of a local people's government at or above the county level within the limits of approval authority granted by the relevant province, autonomous region, or municipality directly under the Central Government.

  Land required for construction by township (town) and village enterprises must be strictly controlled. Provinces, autonomous regions, and municipalities directly under the Central Government may stipulate respective land use standards after taking into consideration the various trades and operational scope of township (town) and village enterprises.

  Township (town) enterprises which use land owned by village peasant collectives for construction shall make proper compensation to the units which provide land for such use and shall properly arrange the production and livelihood of peasants concerned in accordance with respective provisions of their province, autonomous region, or municipality directly under the Central Government.

  Article 40 Applications for the use of land required by townships (towns) and villages for public works and public welfare construction shall, after examination and verification by the people's governments at the township level, be submitted to the departments of land administration under the governments at the county level and shall be approved by the local people's governments at or above the county level in line with the limits of authority for approval as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

  Article 41 When non-agricultural households in cities or towns need to use land owned by collectives to build residences, they must obtain the approval of people's governments at the county level. The size of land for such use shall not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government, and compensation and resettlement subsidies shall be paid with reference to the standards provided for land requisition for state construction.

  Article 42 Local people's governments at various levels may set controlling indices for use of land in township (town)and village construction and submit such indices to people's governments at the next higher level for approval and implementation.

  Chapter VI Legal Liability

  Article 43 Units under ownership by the whole people and urban units under collective ownership that unlawfully encroach upon land without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a definite period of time, any structures or other installations newly erected thereon, or such structures or installations shall be confiscated and fines shall be imposed concurrently. Disciplinary sanctions shall be adopted against those who bear the main responsibility in their respective units for such unlawful encroachment, either by the units to which they belong or by offices at a higher level.

  If the amount of land occupied exceeds the approved amount, the excessive portion shall be handled as in the case of unlawful encroachment of land.

  Article 44 Township (town) and village enterprises which unlawfully encroach upon land without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a definite period of time, any structures or other installations newly erected thereon, or such structures or installations shall be confiscated and fines may be imposed concurrently.

  If the amount of land occupied exceeds the approved amount, the excessive portion shall be handled as in the case of unlawful encroachment of land.

  Article 45 Rural residents who unlawfully encroach upon land to build residences without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a definite period of time, the houses newly built on such land, or such newly built houses shall be confiscated.

  Article 46 Residents in non-agricultural households in cities or towns who unlawfully encroach upon land to build residences without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a definite period of time, the houses newly built on such land, or such newly built houses shall be confiscated.

  State functionaries who, by abusing authority, unlawfully encroach upon land to build residences without approval or with fraudulently obtained approval shall be ordered to return such land and demolish, within a definite period of time, the houses newly built on such land, or such houses shall be confiscated and disciplinary sanctions shall be imposed upon such functionaries either by the units to which they belong or by offices at a higher level.

  Article 47 Anyone who unlawfully transfers land through buying, selling or other means shall have his illegal proceeds confiscated and shall be ordered to demolish, within a definite period of time, any structures or other installations newly erected on such land, or such structures or installations shall be confiscated and the party concerned may be fined; disciplinary sanctions shall be adopted against the person who bears the main responsibility either by the unit to which he belongs or by an office at a higher level.

  Article 48 If units or individuals without authority to approve requisition or use of land unlawfully approve occupation of land, or if they unlawfully approve occupation of land by overstepping their authority of approval, the documents of such approval shall be void and disciplinary sanctions shall be adopted against those who bear the main responsibility in such units or other individuals who have unlawfully approved occupation of land, either by the units to which they belong or by offices at a higher level. Those who take bribes shall be investigated for criminal responsibility in accordance with relevant provisions of the Criminal Law. Land occupied through unlawful approval shall be handled as in the case of unlawful encroachment of land.

  Article 49 Units at higher levels or other units that unlawfully seize land compensation and resettlement subsidies paid to the units whose land has been requisitioned shall be ordered to return such funds and make compensation, and they may be fined concurrently. Disciplinary sanctions shall be adopted against those who bear the main responsibility either by the units to which they belong or by offices at a higher level. Unlawful seizures by individuals shall be handled as in the case of graft.

  Article 50 Whoever makes temporary use of land in accordance with Article 33 of this Law and fails to return the land after the term for such use expires and whoever refuses to surrender land after the right to the use of it has been withdrawn in accordance with Article 19 of this Law shall be ordered to return the land and shall be fined concurrently.

  Article 51 Whoever, in violation of the law, excavates earth or sand from or quarries or mines on crop land, there by seriously damaging the cultivation conditions, or, in developing land, causes soil desertification, soil salinization or soil erosion, shall be ordered to make rectification within a definite period of time and may be fined concurrently.

  Article 52 Administrative sanctions under this Law shall be decided by land administration departments of local people's governments at or above the county level; administrative sanctions under Article 45 of this Law may be decided by people's governments at the township level. If the party concerned refuses to accept an administrative sanction, it may file suit in a people's court within 15 days of receiving the notification on the decision regarding the sanction. If the party neither files suit nor complies with the decision within that period, the sanction-imposing office shall apply to the people's court for compulsory enforcement.

  Units or individuals that are under the punishment of demolishing, within a definite period of time, any new structures or other installations must stop construction immediately. For those who carry on construction, the sanction-imposing office shall have the authority to stop it. Whoever rejects or hinders the performance of duties by land administration personnel in accordance with the law shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security.

  Article 53 The land administration department of a local people's government at or above the county level shall order anyone who has infringed upon others' ownership of land and right to the use of land to stop the infringement and pay compensation for the losses caused. If a party refuses to accept the order, it may file suit in a people's court within 30days after receiving notification of the order. The party infringed on may also file suit directly in the people's court.

  Article 54 During the course of changing ownership of land or the right to its use or solving disputes concerning ownership of land or the right to its use, anyone who offers or takes bribes, extorts money, commits embezzlement or theft of state or collective property, or incites the masses to disorderly conduct obstruction of state construction, if his acts constitute a crime, shall be investigated for criminal responsibility in accordance with relevant provisions of the Criminal Law.

  Chapter VII Supplementary Provisions

  Article 55 Administrative procedures for the land used by Chinese foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises shall be stipulated separately by the State Council.

  Article 56 The land administration department under the State Council shall formulate rules for implementation of this Law, which shall be put into force after being submitted to and approved by the State Council.

  The standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate measures for implementation of this Law.

  Article 57 This Law shall go into effect on January 1, 1987. On the same day, the Regulations on the Administration of Land Used by Villages and Towns for House Building, promulgated on February 13, 1982, and the Regulations on the Requisition of Land for State Construction, promulgated on May 14, 1982, by the State Council, shall be invalidated.

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