Decision of the Standing Committee of the National People's Congress on Revising the Land Administration Law of the People's Republic of China and the Law of the People's Republic of China on the Administration of Urban Real Estate
Decision of the Standing Committee of the National People's Congress on Revising the Land Administration Law of the People's Republic of China and the Law of the People's Republic of China on the Administration of Urban Real Estate
Decision of the Standing Committee of the National People's Congress on Revising the Land Administration Law of the People's Republic of China and the Law of the People's Republic of China on the Administration of Urban Real Estate
Order of the President of the People's Republic of China No.32
August 26, 2019
The Decision of the Standing Committee of the National People's Congress on Revising the Land Administration Law of the People's Republic of China and the Law of the People's Republic of China on the Administration of Urban Real Estate, which was adopted at the 12th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 26, 2019, is hereby issued for implementation as of January 1, 2020.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Land Administration Law of the People's Republic of China and the Law of the People's Republic of China on the Administration of Urban Real Estate
(Adopted at the 12th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 26, 2019)
It was decided at the 12th Session of the Standing Committee of the 13th National People's Congress as below:
I. The Land Administration Law of the People's Republic of China has been revised
1. One article shall be added as Article 6, reading: "Institutions authorized by the State Council supervise land utilization and administration conditions of people's governments of provinces, autonomous regions and municipalities directly under the Central Government as well as those of cities determined by the State Council."
2. Articles 11, 12 and 13 shall be combined as Article 12, reading: "The registration of the ownership of and the right to use the land shall be conducted as per laws and administrative regulations on real estate registration.
The ownership of and the right to use the land lawfully registered shall be protected by law, and shall not be invaded by any entity or individual."
3. Articles 14 and 15 shall be combined as Article 13, reading: "The farmland, forest land and grass land collectively owned by peasants and owned by the State and collectively used by peasants as well as other land lawfully used for agriculture, which are contracted by means of family contracting inside rural collective economic organizations, as well as waste mountains, valleys, hillocks, beaches and so on unsuitable for family contracting may be contracted by such means as bidding, auction, open negotiation and so on for the production in crop farming, forestry, animal husbandry and fishery. The contracting period of farmland subject to family contracting is 30 years, that of grassland is 30 years to 50 years, and that of forest land is 30 years to 70 years; upon expiration of the contracting period of farmland, the said period shall be extended for 30 years, and that of grassland and forest land shall, upon expiration of the contracting period, be extended accordingly according to the law.
State-owned land to be lawfully used for agriculture may be contracted and managed by entities or individuals for engaging in the production of crop farming, forestry, animal husbandry or fishery.
The outsourcer and the contractor shall, according to the law, sign a contract that defines each other's rights and obligations. Any entity or individual that contracts and manages land is obliged to protect and make rational use of the land pursuant to the purpose as stipulated in the contract."
4. Article 19 shall be amended as Article 17, reading: "An overall land utilization plan shall be prepared according to the following principles:
1. meeting the requirements for national land space development and protection, and strictly controlling land purposes;
2. stringently protecting the permanent basic farmland and controlling the use of agricultural land for nonagricultural purposes;
3. increasing the economical and intensive utilization rate of land;
4. making overall arrangements for the use of urban and rural production, life and ecology, meeting the reasonable land demands of rural industries and infrastructures, and promoting urban and rural integrative development;
5. protecting and improving the ecological environment, and guaranteeing the sustainable utilization of land; and
6. balancing cultivated land that is occupied and cultivated land that is reclaimed and developed in terms of quantity and quality."
5. One article shall be added as Article 18, reading: "The State will establish a national land space plan system. Concerning the preparation of a national land space plan, the priority given to ecology and green and sustainable development shall be persisted in, the functional space for ecology, agriculture, urbanization, etc. shall be generally arranged in a scientific and orderly way, the structure and layout of national land space shall be optimized, and the quality and efficiency of national land space development and protection shall be enhanced.
The national land space plan approved according to the law is the fundamental basis of different kinds of development, protection and construction activities. Where the national land space plan has been prepared, the overall plan and the urban and rural plan for land utilization shall not be prepared any more."
6. Article 24 shall be amended as Article 23, with Paragraph 2 amended to read: "An annual land utilization plan shall be formulated in compliance with the national program for social and economic development, national industrial policies, overall land utilization plans, and the situation with regard to construction-related land use and overall land utilization.
......
Order of the President of the People's Republic of China No.32
August 26, 2019
The Decision of the Standing Committee of the National People's Congress on Revising the Land Administration Law of the People's Republic of China and the Law of the People's Republic of China on the Administration of Urban Real Estate, which was adopted at the 12th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 26, 2019, is hereby issued for implementation as of January 1, 2020.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Land Administration Law of the People's Republic of China and the Law of the People's Republic of China on the Administration of Urban Real Estate
(Adopted at the 12th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 26, 2019)
It was decided at the 12th Session of the Standing Committee of the 13th National People's Congress as below:
I. The Land Administration Law of the People's Republic of China has been revised
1. One article shall be added as Article 6, reading: "Institutions authorized by the State Council supervise land utilization and administration conditions of people's governments of provinces, autonomous regions and municipalities directly under the Central Government as well as those of cities determined by the State Council."
2. Articles 11, 12 and 13 shall be combined as Article 12, reading: "The registration of the ownership of and the right to use the land shall be conducted as per laws and administrative regulations on real estate registration.
The ownership of and the right to use the land lawfully registered shall be protected by law, and shall not be invaded by any entity or individual."
3. Articles 14 and 15 shall be combined as Article 13, reading: "The farmland, forest land and grass land collectively owned by peasants and owned by the State and collectively used by peasants as well as other land lawfully used for agriculture, which are contracted by means of family contracting inside rural collective economic organizations, as well as waste mountains, valleys, hillocks, beaches and so on unsuitable for family contracting may be contracted by such means as bidding, auction, open negotiation and so on for the production in crop farming, forestry, animal husbandry and fishery. The contracting period of farmland subject to family contracting is 30 years, that of grassland is 30 years to 50 years, and that of forest land is 30 years to 70 years; upon expiration of the contracting period of farmland, the said period shall be extended for 30 years, and that of grassland and forest land shall, upon expiration of the contracting period, be extended accordingly according to the law.
State-owned land to be lawfully used for agriculture may be contracted and managed by entities or individuals for engaging in the production of crop farming, forestry, animal husbandry or fishery.
The outsourcer and the contractor shall, according to the law, sign a contract that defines each other's rights and obligations. Any entity or individual that contracts and manages land is obliged to protect and make rational use of the land pursuant to the purpose as stipulated in the contract."
4. Article 19 shall be amended as Article 17, reading: "An overall land utilization plan shall be prepared according to the following principles:
1. meeting the requirements for national land space development and protection, and strictly controlling land purposes;
2. stringently protecting the permanent basic farmland and controlling the use of agricultural land for nonagricultural purposes;
3. increasing the economical and intensive utilization rate of land;
4. making overall arrangements for the use of urban and rural production, life and ecology, meeting the reasonable land demands of rural industries and infrastructures, and promoting urban and rural integrative development;
5. protecting and improving the ecological environment, and guaranteeing the sustainable utilization of land; and
6. balancing cultivated land that is occupied and cultivated land that is reclaimed and developed in terms of quantity and quality."
5. One article shall be added as Article 18, reading: "The State will establish a national land space plan system. Concerning the preparation of a national land space plan, the priority given to ecology and green and sustainable development shall be persisted in, the functional space for ecology, agriculture, urbanization, etc. shall be generally arranged in a scientific and orderly way, the structure and layout of national land space shall be optimized, and the quality and efficiency of national land space development and protection shall be enhanced.
The national land space plan approved according to the law is the fundamental basis of different kinds of development, protection and construction activities. Where the national land space plan has been prepared, the overall plan and the urban and rural plan for land utilization shall not be prepared any more."
6. Article 24 shall be amended as Article 23, with Paragraph 2 amended to read: "An annual land utilization plan shall be formulated in compliance with the national program for social and economic development, national industrial policies, overall land utilization plans, and the situation with regard to construction-related land use and overall land utilization.
......