2015考研英语复习：中华人民共和国土地管理法实施条例
国务院令第73号
(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)
时效性：失效 颁布日期：19910104 实施日期：19910201 失效日期：19990101 颁布单位：国务院
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. These plans shall be implemented after submitted
to and approved by the people's governments at the same level and reported for
the record to the land administration departments of people's governments at the
next higher level.
Land administration departments of local people's governments at county
level and above shall organize relevant authorities to carry out land surveys.
Landowners and land users shall co-operate with such surveys and Provide
necessary information.
Article 10 Land administration departments of local people's governments at
county level and above shall， in conjunction with relevant authorities， evaluate
the grading of land pursuant to land survey results.
Article 11 The state shall establish a land statistics system. Land
administration departments of local people's governments at county level and
above shall， in conjunction with statistics authorities， undertake land
statistics work pursuant to the law. Statistics personnel shall exercise their
authority to gather land-related statistics in accordance with the law.
Landowners and land users shall provide statistical information and shall be
prohibited from making false reports， concealing the truth， refusing to provide
or delaying the provision of information or falsifying or distorting
information.
Article 12 The State Land Administration， in conjunction with relevant
authorities， shall draft national overall land utilization plans which， after
comprehensive balancing by the State Planning Commission， shall be implemented
subject to approval by the State Council.
Land administration departments of local people's governments at county
level and above shall， in conjunction with relevant authorities， draft overall
land utilization plans for their respective levels which， after comprehensive
balancing by planning authorities at the same level， shall be submitted to the
people's governments at the same level for examination and approval. Such plans
shall be implemented subject to further approval by people's governments at the
next higher level.
People's governments at township level shall draft their overall land
utilization plans which shall be implemented subject to approval by the county
level people's governments.
Any amendments to approved overall land utilization plans must be submitted
to the original approving organ for approval.
Article 13 For developing state-owned barren hills， wasteland， river banks
or beaches， an application must be submitted to the local land administration
department. Approval shall be granted by the local people's government at county
level or above pursuant to the approval jurisdiction stipulated by the province，
autonomous region or municipality directly under the central government. Should
the law or regulations stipulate otherwise， matters shall be handled pursuant to
the provisions of the law or regulations. If developing between 10，000 and
20，000 mu of land at onetime， approval must be obtained from the State Land
Administration. If developing more than 20，000 mu of land at onetime， approval
must be obtained from the State Council.
Article 14 A unit or individual proposing to change cultivated land into
non-cultivated land must obtain approval from the local people's government at
county level or above.
Article 15 Land which a unit or individual has contracted to operate and
private plots or hills legally confirmed as being for private use by an
individual must be used pursuant to the stipulated usage. The unauthorized
construction of buildings， kilns or tombs， mining， quarrying or the excavation
of sand or earth shall be prohibited.
A unit or individual proposing to engage in business activities such as
mining， quarrying or the excavation of sand or earth on the land as referred to
in the preceding paragraph must submit an application to the land administration
department of the local people's government at county level or above and obtain
approval from the people's government at county level or above. Should the law
or regulations stipulate otherwise， matters shall be handled pursuant to the
provisions of the law or regulations.
Article 16 A unit or individual using land capable of reclamation following
mining or the excavation of sand or earth shall be responsible for its
reclamation pursuant to the provisions of the Land Reclamation Regulations
promulgated by the State Council. Land administration departments of people's
governments at county level or above shall， in conjunction with relevant
authorities， inspect the reclamation work before issuing approval.
Chapter IV Land for State Construction
Article 17 Land used by the state for economic and cultural development，
national defense construction and public welfare undertakings shall be used
economically and rationally. When submitting a construction project design
assignment for approval， the opinion of the local land administration department
must be attached.
Article 18 Examination and approval procedures for the use of land in state
construction：
(1) A construction unit proposing to use land for construction purposes
shall apply to the land administration department of the local people's
government at county level or above in the locality of the land it wants to
expropriate by presenting an approved design assignment or other relevant
documents such as preliminary designs or annual capital construction plans.
(2) The land administration department of the local people's government at
county level or above shall examine the application to use land for construction
purposes and determine the boundaries of the area of land to be used， as well as
arrange for the construction unit， the unit which originally held the rights to
the land and other relevant units to discuss matters of compensation and
resettlement in relation to the expropriated land and report these details to
the people's government at county level or above for approval.
(3) After the application to use land for construction purposes is approved
by the relevant people's government at county level or above pursuant to the
statutory approval jurisdiction， the people's government at county level or
above in the locality of the expropriated land shall issue a document of
approval to use the land for construction purposes and the land administration
department shall transfer the land use rights in full or in stages， depending on
the construction schedule.
(4) After completion of construction， when the department in charge of the
construction project arranges for the relevant authorities to examine
construction prior to acceptance of the project， the land administration
department of the people's government at county level or above shall inspect and
verify the actual use of the land (after completion of a construction project in
an urban planning district， the administrative authority in charge of urban
planning shall， in conjunction with the land administration department， inspect
and verify the actual use of the land) and， subject to confirmation， land
registration procedures shall be carried out pursuant to the relevant provisions
of Chapter II of these Regulations and a land use certificate for state-owned
land shall be issued.
If applying to use land within an urban planning district for construction
purposes， the construction unit or individual shall handle matters pursuant to
the procedures stipulated above after obtaining a planning permit to use land
for construction purposes.
Article 19 When land is to be used for construction projects such as
railways， highways or oil or water supply pipelines， an application for
approval， depending on the construction project's overall plans， shall be
submitted in one lump， but procedures for expropriating and transferring land
may be done in stages. In the case of a construction project which is to proceed
in stages， applications for approval and procedures for expropriating and
transferring land may be done in stages in accordance with the work schedule
determined in the design assignment.
Article 20 If emergency or disaster relief measures necessitate the urgent
use of land， the land may be used first， but， after the incident， supplementary
procedures for the temporary use of land or procedures for the expropriation and
transfer of land must be carried out pursuant to regulations.
Article 21 “Other land with an area of more than 2，000 mu” as mentioned in
paragraph 1 of Article 25 of the Land Administration Law shall include
construction projects which simultaneously require the expropriation of less
than 1，000 mu of cultivated land， together with other land in excess of 1，000
mu， amounting to a total land area of more than 2，000 mu.
“Other land with an area of less than ten mu” as mentioned in paragraph 2
of Article 25 of the Land Administration Law shall include construction projects
which simultaneously require the expropriation of less than 3 mu of cultivated
land， together with other land of less than 10 mu， amounting to a total land
area of more than 3 mu and less than 10 mu.
Article 22 If a land user's right to use state-owned land is withdrawn in
accordance with the provisions of Article 19 of the Land Administration Law， the
local people's government at county level or above may decide to issue the land
to an agricultural collective economic entity to cultivate. During the
cultivation period， the agricultural collective economic entity shall be
prohibited from building any permanent structures or planting perennial crops on
the land and shall be required to return the land on schedule pursuant to state
construction requirements. If there are young crops on the land at the time of
its return， the relevant construction unit shall pay compensation.
Article 23 If construction requirements make it necessary for a
construction unit to temporarily expropriate additional land outside its
approved land use limits， an application for temporary use of land shall be
submitted to the land administration department of the local people's government
at county level and the details reported to the people's government at the same
level for approval. If temporary use of additional land is required within an
urban planning district， a set area application shall be submitted first to the
administrative authority in charge of urban planning and， subject to examination
and approval， an application for temporary use of land shall be submitted to the
land administration department.
If collectively owned land is required for temporary use， compensation
shall be paid in accordance with the provisions of paragraph 1 of Article 33 of
the Land Administration Law.
Chapter V Land for Township(Town) and Village Construction
Article 24 There shall be strict control over the use of agricultural land
for township(town) and village construction. The overfilling of control quotas
for the use of land in township(town) and village construction issued by local
people's governments at county level or above shall be prohibited.
Article 25 When land is required for rural residential buildings， a land
use application shall be submitted first to the village agricultural collective
economic entity or villagers' committee and， subject to it being discussed and
approved by the villagers' representative meeting or general meeting， the
application shall be submitted to the people's government for approval. The use
of cultivated land shall be subject to approval by the county level people's
government， following its examination and approval by the township level
people's government and land administration department of the county level
people's government. The use of existing residential building sites， empty space
within villages and other land shall be subject to approval by the township
level people's government.
Article 26 If use of collectively owned land is required for constructing
residential buildings for city or town residents with non-agricultural resident
registration， a land use application shall， after its approval by the
applicant's working unit or residents' committee， be submitted to the village
agricultural collective economic entity， villagers' committee or township(town)
peasant collective economic entity in the locality of the land. If the land
required for use belongs to a village peasant collective， subject to the land
use application being discussed and approved by the villagers' representative
meeting or general meeting and its examination and approval by the
township(town) people's government， it shall be submitted to the county level
people's government for approval. If the land required for use belongs to at
ownership(town) peasant collective， subject to the land use application being
discussed and approved by the township(town) peasant collective economic entity
and its examination and approval by the township(town) people's government， it
shall be submitted to the county level people's government for approval.
Article 27 When workers， ex-servicemen or retired cadres returning to their
original villages or overseas Chinese， Hong Kong， Macao or Taiwan compatriots
returning to settle in their family villages require the use of collectively
owned land to construct residential building， matters shall be handled pursuant
to the provisions of Article 38 of the Land Administration Law and Article 25 of
these Regulations.
Article 28 If land is required to construct a rural market in accordance
with township(town) or village construction plans， matters shall be handled
pursuant to the provisions of Article 40 of the Land Administration Law.
Article 29 Non-agricultural production and operation activities by Lease
holding farm households and rural individual business shall use their original
residential sites. If there is a genuine need for the additional use of
collectively owned land， approval documents from the relevant authorities shall
be submitted， together with a land use application， to the village peasant
collective economic entity， villagers' committee or township(town) peasant
collective economic entity in the locality of the land and， subject to the
application being discussed and approved by the villagers' representative
meeting or the township(town) peasant collective economic entity， and its
examination and approval by the township(town) people's government， it shall be
submitted to the local people's government at county level or above for
approval， pursuant to the approval jurisdiction stipulated by the relevant
province， autonomous region or municipality directly under the central
government.
Chapter VI Legal Liability
Article 30 Pursuant to the provisions of Articles 43 and 44 of the Land
Administration Law， in addition to ordering a violator to return illegally
occupied land and stipulating a limited period within which structures and other
installations newly erected on the land are to be demolished or confiscated， a
fine shall(may) also be imposed. The standards for such a fine shall be up to 15
yuan for each square meter of illegally occupied land.
Article 31 Pursuant to the provisions of Article 47 of the Land
Administration Law， in addition to confiscating illegal proceeds from a violator
and stipulating a limited period within which structures and other installations
newly erected on land purchased， sold or assigned by illegal means are to be
demolished or confiscated， a fine may also be imposed. The standards for such a
fine shall be up to 50% of the illegal proceeds involved.
Article 32 Pursuant to the provisions of Article 49 of the Land
Administration Law， in addition to ordering a violator to return funds illegally
seized， a fine may also be imposed. The standards for such a fine shall be up to
30% of the funds illegally seized.
Article 33 Pursuant to the provisions of Article 50 of the Land
Administration Law， in addition to ordering a violator to return the land， a
fine shall also be imposed. The standards for such a fine shall be up to 5 yuan
for each square meter of illegally used land.
Article 34 Pursuant to the provisions of Article 51 of the Land
Administration Law， if serious damage is caused to the cultivation conditions of
soil， in addition to ordering a violator to rectify the situation within a
limited period， a fine may also be imposed. The standards for such a fine shall
be determined in accordance with the provisions of legislation on the protection
of cultivated land. If soil desertification or salinization is caused as the
result of land development， in addition to ordering a violator to rectify the
situation within a limited period， a fine may also be imposed. The standards for
such a fine shall be determined in accordance with standards stipulated by the
people's government of the relevant province， autonomous region or municipality
directly under the central government. If soil erosion is caused as the result
of land development， in addition to ordering a violator to rectify the situation
within a limited period， a fine may also be imposed. The standards for such a
fine shall be determined in accordance with the provisions of legislation on
water and soil conservation.
Article 35 Fines must be paid within the stipulated period. In the event of
failure to pay on schedule， a late payment fine of 0.3% of the fine shall be
collected for each day in arrears.
Penalty fines and late payment fines shall be handed over to the state
treasury in accordance with relevant state regulations.
Article 36 If land is occupied illegally without approval or by gaining
approval fraudulently through such means as leaving arable land lie fallow， in
order to construct residential buildings or to undertake other construction
projects， a limited period shall be stipulated within which buildings and other
facilities newly erected on the illegally occupied land must be demolished or
confiscated and the return of the illegally occupied land shall be ordered.
If a unit or individual ordered to demolish newly erected buildings and
other facilities within limited period pursuant to the law， continues
construction， the penalty issuing authority shall have the right to seal up and
confiscate equipment and building materials which continue to be used.
Article 37 In the event of false reporting， concealing the truth in a
report， refusing to submit a report or repeatedly delaying submission of a
report， as well as falsifying or distorting statistical information in relation
to land， penalty shall be imposed in accordance with the provisions of Article
25 of the Statistics Law of the People's Republic of China and Article 31 of the
Rules for Implementation of the Statistics Law of the People's Republic of
China.
Article 38 If a land ownership or land use right infringing party fails to
initiate legal proceedings or to fulfill the penalty decision within the
stipulated period after a penalty decision made by the land administration
department of the local people's government at county level or above pursuant to
the provisions of Article 53 of the Land Administration Law， the infringed party
may apply to the people's court for enforcement.
Chapter VII Supplementary Provisions
Article 39 The State Land Administration shall be responsible for
interpreting these Regulations.
Article 40 These Regulations shall enter into force on February 1， 1991
发表于 2017-8-6 14:13:31