中华人民共和国土地管理法实施条例（1）
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国务院令第73号 Chapter I General Provisions Article 1 These Regulations are formulated according to the provisions of Article 56 of the Land Administration Law of the People's Republic of China （hereinafter referred to as the Land Administration Law）。 Article 2 The State Land Administration shall be responsible for the uniform administration of land throughout China. Chapter II Land Ownership Rights and Land Use Rights Article 3 The whole people， that is the state， shall hold title to the following types of land： （1） land in urban areas； （2） land in rural and suburban areas which has been legally expropriated， occupied， requisitioned， requisitioned by purchase or returned to the state （except land legally designated or confirmed as collectively owned land）； and （3） forest areas， grassland， mountain ridges， wasteland， beaches， river banks and other land not confirmed by the state as being collectively owned. Article 4 A party with title to collectively owned land or a party using state-owned land must submit a land registration application to the land administration department of its local people's government at county level or above. Registration of collectively owned land shall be carried out by the local people's governments at county level. After verification， a certificate of title to collectively owned land shall be issued confirming right of ownership. Registration of state-owned land used by a unit or individual shall be carried out by the local people's governments at county level or above. After verification， a land use certificate for state-owned land shall be issued confirming right of usage. The format of land certificates shall be uniformly formulated by the State Land Administration. Confirmation of ownership of or the right to use forest or grassland areas or the right to use waters and their banks or beaches for aquatic breeding purposes shall be handled in accordance with the relevant provisions of the Forest Law， Grasslands Law and Fisheries Law respectively. Article 5 Local people's governments at county level or above shall register state-owned land which has yet to be developed or used and shall be responsible for its protection and management. Article 6 If an amendment is legally made to land ownership or land use rights or if land use rights are assigned as the result of the legal purchase and sale or assignment of buildings， attachments， etc.， on the land， an application to register an amendment of the land ownership or land use rights must be submitted to the land administration department of the local people's government at county level or above and the local people's government at county level or above shall replace the land certificate. When buildings or attachments on land are legally purchased， sold or assigned， procedures to register transfer of ownership shall be carried out pursuant to relevant state regulations. Article 7 If a land user's rights are withdrawn in accordance with the provisions of Article 19 of the Land Administration Law， the land administration department shall report the matter to the people's government at county level or above for approval to cancel the land user's land use certificate for state-owned land. The land administration department shall also carry out procedures for canceling land registration. Article 8 Disputes between units owned by the whole people， between units with collective ownership or between units owned by the whole people and those with collective ownership， over the ownership of or the right to use land shall be settled by the people's government at county level or above in the locality of the land. Disputes between individuals or between individuals and units owned by the whole people or units with collective ownership， over the right to use land shall be settled by the people's government at township or county level in the locality of the land. If a dispute over land ownership or land use rights necessitates the reconfirmation of land ownership or land use rights， the local people's government at county level or above shall confirm the ownership or usage rights and issue a land certificate. Chapter III Utilization and Protection of Land Article 9 The state shall establish a land survey system， the content of which shall include surveying the possession of land rights， land use circumstances and land conditions. The State Land Administration， in conjunction with other relevant authorities， shall formulate a national land survey plan for implementation subject to approval of the State Council. Land administration departments of local people's governments at county level and above shall， in conjunction with other relevant authorities， formulate their local land survey plans. These plans shall be implemented after submitted to and approved by the people's governments at the same level and reported for the record to the land administration departments of people's governments at the next higher level. Land administration departments of local people's governments at county level and above shall organize relevant authorities to carry out land surveys. Landowners and land users shall co-operate with such surveys and Provide necessary information. Article 10 Land administration departments of local people's governments at county level and above shall， in conjunction with relevant authorities， evaluate the grading of land pursuant to land survey results. Article 11 The state shall establish a land statistics system. Land administration departments of local people's governments at county level and above shall， in conjunction with statistics authorities， undertake land statistics work pursuant to the law. Statistics personnel shall exercise their authority to gather land-related statistics in accordance with the law. Landowners and land users shall provide statistical information and shall be prohibited from making false reports， concealing the truth， refusing to provide or delaying the provision of information or falsifying or distorting information. Article 12 The State Land Administration， in conjunction with relevant authorities， shall draft national overall land utilization plans which， after comprehensive balancing by the State Planning Commission， shall be implemented subject to approval by the State Council. Land administration departments of local people's governments at county level and above shall， in conjunction with relevant authorities， draft overall land utilization plans for their respective levels which， after comprehensive balancing by planning authorities at the same level， shall be submitted to the people's governments at the same level for examination and approval. Such plans shall be implemented subject to further approval by people's governments at the next higher level. People's governments at township level shall draft their overall land utilization plans which shall be implemented subject to approval by the county level people's governments. Any amendments to approved overall land utilization plans must be submitted to the original approving organ for approval. Article 13 For developing state-owned barren hills， wasteland， river banks or beaches， an application must be submitted to the local land administration department. Approval shall be granted by the local people's government at county level or above pursuant to the approval jurisdiction stipulated by the province， autonomous region or municipality directly under the central government. Should the law or regulations stipulate otherwise， matters shall be handled pursuant to the provisions of the law or regulations. If developing between 10，000 and 20，000 mu of land at onetime， approval must be obtained from the State Land Administration. If developing more than 20，000 mu of land at onetime， approval must be obtained from the State Council. Article 14 A unit or individual proposing to change cultivated land into non-cultivated land must obtain approval from the local people's government at county level or above. Article 15 Land which a unit or individual has contracted to operate and private plots or hills legally confirmed as being for private use by an individual must be used pursuant to the stipulated usage. The unauthorized construction of buildings， kilns or tombs， mining， quarrying or the excavation of sand or earth shall be prohibited. A unit or individual proposing to engage in business activities such as mining， quarrying or the excavation of sand or earth on the land as referred to in the preceding paragraph must submit an application to the land administration department of the local people's government at county level or above and obtain approval from the people's government at county level or above. Should the law or regulations stipulate otherwise， matters shall be handled pursuant to the provisions of the law or regulations. Article 16 A unit or individual using land capable of reclamation following mining or the excavation of sand or earth shall be responsible for its reclamation pursuant to the provisions of the Land Reclamation Regulations promulgated by the State Council. Land administration departments of people's governments at county level or above shall， in conjunction with relevant authorities， inspect the reclamation work before issuing approval. Chapter IV Land for State Construction Article 17 Land used by the state for economic and cultural development， national defense construction and public welfare undertakings shall be used economically and rationally. When submitting a construction project design assignment for approval， the opinion of the local land administration department must be attached. Article 18 Examination and approval procedures for the use of land in state construction： （1） A construction unit proposing to use land for construction purposes shall apply to the land administration department of the local people's government at county level or above in the locality of the land it wants to expropriate by presenting an approved design assignment or other relevant documents such as preliminary designs or annual capital construction plans. （2） The land administration department of the local people's government at county level or above shall examine the application to use land for construction purposes and determine the boundaries of the area of land to be used， as well as arrange for the construction unit， the unit which originally held the rights to the land and other relevant units to discuss matters of compensation and resettlement in relation to the expropriated land and report these details to the people's government at county level or above for approval. （3） After the application to use land for construction purposes is approved by the relevant people's government at county level or above pursuant to the statutory approval jurisdiction， the people's government at county level or above in the locality of the expropriated land shall issue a document of approval to use the land for construction purposes and the land administration department shall transfer the land use rights in full or in stages， depending on the construction schedule. （4） After completion of construction， when the department in charge of the construction project arranges for the relevant authorities to examine construction prior to acceptance of the project， the land administration department of the people's government at county level or above shall inspect and verify the actual use of the land （after completion of a construction project in an urban planning district， the administrative authority in charge of urban planning shall， in conjunction with the land administration department， inspect and verify the actual use of the land） and， subject to confirmation， land registration procedures shall be carried out pursuant to the relevant provisions of Chapter II of these Regulations and a land use certificate for state-owned land shall be issued. If applying to use land within an urban planning district for construction purposes， the construction unit or individual shall handle matters pursuant to the procedures stipulated above after obtaining a planning permit to use land for construction purposes |
