The General Office of the Ministry of Natural Resources ("MNR") has recently issued the List of Administrative Penalty Items (the "List").
The List sets forth the names of 121 administrative penalty items, types of penalty, levels of authorities imposing the penalties, and the legal basis. Among the 121 items are 23 items regarding land, 53 items related to minerals, 40 items concerning surveying and mapping, and five items on urban and rural planning. For instance, administrative penalties will be imposed "when land is traded or illegally transferred in any other forms" and "when land is occupied without approval or with approval obtained by deceptive means". With regard to the administrative penalty imposed against the refusal to perform the duties in land reclamation, for example, the List clearly states that this type of administrative penalty may be imposed in the form of "ordering for rectification within the prescribed time limit, ordering for the payment of land reclamation fees, and giving a fine", by "authorities of natural resources at national, provincial, prefecture or county level", in accordance with Article 75 of the Land Administration Law of the People's Republic of China and Article 41 of the Implementing Regulations of the Land Administration Law of the People's Republic of China.