Regulations on the Implementation of the Land Administration Law of the People's Republic of China (Revised in 2014)
Regulations on the Implementation of the Land Administration Law of the People's Republic of China (Revised in 2014)
Regulations on the Implementation of the Land Administration Law of the People's Republic of China (Revised in 2014)
Order of the State Council of the People's Republic of China [2014] No. 653
July 29, 2014
(Promulgated according to the Order of the State Council No. 256 on December 27, 1998; revised according to the Decision of the State Council on Repealing and Revising Certain Administrative Regulations on January 8, 2011; and revised further in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on July 29, 2014.)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Land Administration Law of the People's Republic of China(hereinafter referred to as the Land Administration Law for abbreviation).
Chapter II Land Ownership and Use Right
Article 2 The following land belongs to ownership by the entire people, that is, state ownership:
1.land in urban districts of municipalities;
2.land in rural areas and suburban districts of municipalities that have been confiscated, requisitioned or purchased according to law and turned into state ownership;
3.land requisitioned by the state according to law;
4.forest land, grassland, barren land, shoals and other land not under collective ownership according to law;
5.land previously under collective ownership by the members of a rural collective economic organization whose entire membership have become urban and township residents; and
6.land previously under collective ownership by the migrated peasants but no longer in use after the peasants' collective migration and shifting due to state-organized migration or natural disasters.
Article 3 The state practises the system of land registration and certificate issuance according to law. Land ownership and land use right registered according to law are protected by law upon which no unit or individual shall infringe.
Contents of land registration and format of land ownership certificate shall be uniformly prescribed by the competent department of land administration under the State Council.
Land registration information may be open to inquiry.
Confirmation of forest land and grassland ownership or use right and confirmation of use right for breeding and cultivation of water surface and shoals shall be processed pursuant to the relevant provisions of the Forestry Law, Prairie Law and Fishery Law respectively.
Article 4 For land under peasants' collective ownership, the land owners shall file an application for land registration with the competent department of land administration of people's government at the county level of the locality wherein the land is located, people's government at the county level shall enter a registration in the register, verify and issue a certificate of collective land ownership in confirmation of the ownership.
For land under peasants' collective ownership to be used for nonagricultural construction according to law, the land owners shall file an application for land registration with the competent department of land registration of people's government at the county level of the locality wherein the land is located, people's government at the county level shall enter a registration in the register, verify and issue a certificate of collective land use right in confirmation of the land use right for construction.
Municipal people's governments with subordinate districts may carry out uniform registration of land under peasants' collective ownership within districts under municipal jurisdiction.
Article 5 For state-owned land to be used by units or individuals according to law, the land users shall file an application for land registration with the competent department of land administration of people's government above the county level of the locality wherein the land is located, the people's government above the county level shall enter a registration in the register, verify and issue a certificate of state owned land use right in confirmation of the use right.
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