Regulations on the Protection of Basic Farmland (Revised in 2011)
Regulations on the Protection of Basic Farmland (Revised in 2011)
Regulations on the Protection of Basic Farmland (Revised in 2011)
Order of the State Council of the People's Republic of China No.588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No. 257 on December 27, 1998; and revised according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Agricultural Law of the People's Republic of China and the Land Administration Law of the People's Republic of China with a view to practicing special protection of basic farmland and promoting sustainable development of agricultural production and social economy.
Article 2 The state practices the system of protection of basic farmland.
The basic farmland referred to in these Regulations means the designated cultivated land which shall not be occupied and utilized in pursuance of the demand for agricultural produce of the population and socioeconomic development at a given period and the overall planning for land utilization.
The basic farmland protection zones referred to in these Regulations mean the specific protection zones determined in accordance with the overall planning for land utilization and in pursuance of the legal procedures for the purpose of practicing special protection of basic farmland.
Article 3 The policy of overall planning, rational utilization, combination of utilization and nurturing and strict protection shall be adhered to in the protection of basic farmland.
Article 4 Local people's governments at all levels above the county level should include the work of protection of basic farmland in the national economic and social development plan as one of the contents of the goals of the government leadership responsibility system during the term of office and the implementation of which shall be supervised by the people's government at the next higher level.
Article 5 All units and individuals have the obligation to protect the basic farmland and have the right to report or file a charge against acts of infringement on and occupation of and destruction of basic farmland and other acts in violation of these Regulations.
Article 6 The competent department of land administration and the competent department of agriculture administration under the State Council shall be responsible for the work of administering the protection of basic farmland nationwide in accordance with the division of functions and responsibilities prescribed by the State Council and in pursuance of these Regulations.
Competent departments of land administration and competent departments of agriculture administration of local people's governments at all levels above the county level shall be responsible for the work of administering the protection of basic farmland within their respective administrative areas in accordance with the division of functions and responsibilities prescribed by the people's government at the corresponding level and in pursuance of these Regulations.
The village(township) people's governments shall be responsible for the work of administering the protection of basic farmland within their respective administrative areas.
Article 7 The state shall reward the units and individuals having made remarkable achievements in the work of basic farmland protection.
Chapter II Delimitation
Article 8 People's governments at all levels should, in the process of compiling the overall planning for land utilization, list basic farmland protection as one of the contents of the planning, expressly defining the arrangement for the layout, quantum targets and quality requirements of basic farmland protection.
County-level and village(township) overall planning for land utilization should determine the basic farmland protection zones.
Article 9 The basic farmland delimited by the provinces, autonomous regions and municipalities directly under the Central Government should account for more than 80% of the total area of cultivated land within their respective administrative areas.
......
Order of the State Council of the People's Republic of China No.588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No. 257 on December 27, 1998; and revised according to the Decisions of the State Council on Repealing and Amending Certain Administrative Regulations on January 8, 2011)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Agricultural Law of the People's Republic of China and the Land Administration Law of the People's Republic of China with a view to practicing special protection of basic farmland and promoting sustainable development of agricultural production and social economy.
Article 2 The state practices the system of protection of basic farmland.
The basic farmland referred to in these Regulations means the designated cultivated land which shall not be occupied and utilized in pursuance of the demand for agricultural produce of the population and socioeconomic development at a given period and the overall planning for land utilization.
The basic farmland protection zones referred to in these Regulations mean the specific protection zones determined in accordance with the overall planning for land utilization and in pursuance of the legal procedures for the purpose of practicing special protection of basic farmland.
Article 3 The policy of overall planning, rational utilization, combination of utilization and nurturing and strict protection shall be adhered to in the protection of basic farmland.
Article 4 Local people's governments at all levels above the county level should include the work of protection of basic farmland in the national economic and social development plan as one of the contents of the goals of the government leadership responsibility system during the term of office and the implementation of which shall be supervised by the people's government at the next higher level.
Article 5 All units and individuals have the obligation to protect the basic farmland and have the right to report or file a charge against acts of infringement on and occupation of and destruction of basic farmland and other acts in violation of these Regulations.
Article 6 The competent department of land administration and the competent department of agriculture administration under the State Council shall be responsible for the work of administering the protection of basic farmland nationwide in accordance with the division of functions and responsibilities prescribed by the State Council and in pursuance of these Regulations.
Competent departments of land administration and competent departments of agriculture administration of local people's governments at all levels above the county level shall be responsible for the work of administering the protection of basic farmland within their respective administrative areas in accordance with the division of functions and responsibilities prescribed by the people's government at the corresponding level and in pursuance of these Regulations.
The village(township) people's governments shall be responsible for the work of administering the protection of basic farmland within their respective administrative areas.
Article 7 The state shall reward the units and individuals having made remarkable achievements in the work of basic farmland protection.
Chapter II Delimitation
Article 8 People's governments at all levels should, in the process of compiling the overall planning for land utilization, list basic farmland protection as one of the contents of the planning, expressly defining the arrangement for the layout, quantum targets and quality requirements of basic farmland protection.
County-level and village(township) overall planning for land utilization should determine the basic farmland protection zones.
Article 9 The basic farmland delimited by the provinces, autonomous regions and municipalities directly under the Central Government should account for more than 80% of the total area of cultivated land within their respective administrative areas.
......