Regulations For The Implementation Of The Land Administration Law Of The People's Republic Of China (from government website)

Regulations For The Implementation Of The Land Administration Law Of The People's Republic Of China

Order of the State Council [1991] No.73

January 4, 1991

Promulgated by Decree No. 73 of the State Council of the People's Republic of China on January 4, 1991, effective on February 1, 1991

Premier, Li Peng

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.
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