Article 21 General plans for land use shall be examined and approved level by level.
General plans for land use of provinces, autonomous regions and municipalities shall be approved by the State Council.
General plans for land of cities where the people's governments of province and autonomous regions and municipalities are seated and cities with a population of over one million and cities designated by the State Council shall be examined by the People's governments of related provinces and autonomous regions and municipalities and submit them to the State Council for approval.
General plans for land use other than those provided for in the second and third paragraphs of this article shall be submitted for approval step by step to the people's governments of provinces, autonomous regions and municipalities. General plans for land uses of townships (towns) may be approved by the people's governments of cities or autonomous prefectures authorized by the provincial level people's governments.
Once approved, the general plans for the land use shall be implemented strictly.
Article 22 The amount of land used for urban construction shall conform to the standards prescribed by the State so as to make full use of the existing land for construction purposes, not to occupy or occupy as less agricultural land as possible.
Urban general planning and the planning of villages and market towns should be in line with the general plans for land use. The amount of land for construction use in the urban general planning and the planning of villages and market towns shall not exceed the amount of land used for construction purposes in cities, villages and market towns fixed in the general plans for the utilization of land.
The land for construction purposes in cities, villages and market towns within the planned areas of cities, villages and market towns shall conform to the city planning and the planning of villages and market towns.
Article 23 The plans for the comprehensive control, development and utilization of rivers and lakes should be in accordance with the general plans for land use. Land uses within the areas of management and protection of rivers, lakes and reservoirs and flood storage and detention areas should be in line with plans for the comprehensive control, development and utilization of rivers and lakes and to the requirements of river channels, flood flows of rivers and lakes, flood storage and water transmission.
Article 24 People's governments at all levels shall strengthen the administration of plans for land use and exercise control of the aggregate land for construction purposes.
The annual plan for the land use shall be compiled in line with the national economic and social development program, the State industrial policies, general plans for land and the actual situation about the land for construction uses and the land utilization. The examination and approval procedures for the compilation of annual land use plans shall be the same as that for the general plans for land use. Once approved, they shall be implemented strictly.
Article 25 The people's governments of provinces, autonomous regions and municipalities shall report the implementations of their annual plans for the use of land to the people's congresses at the same level as part of the implementation of their economic and social development plans.
Article 26 Revision of the general plans for land use shall be approved by the original organ of approval. Without approval, the usages of land defined in the general plans for the utilization of land shall not be changed.
Whereas the purpose of land use defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by the State Council, it shall be changed according to the document of approval issued by the State Council.
If the purpose of land defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by provinces, autonomous regions and municipalities, it shall be changed according to the document of approval issued by the provincial level people's governments if it falls into their terms of reference.
Article 27 The State fosters land survey system.
The land administrative departments of the people's governments at and above the county level shall carry out land surveys together with related departments at the same level. Land owners or users should provide good cooperation and necessary data and materials required.
Article 28 Land administrative departments of the people's government at and above the county level shall, together with related departments at the same level, grade the land according to the results of the surveys, their planned uses and the unified standards formulated by the State.
Article 29 The State establishes the land statistical system.
Land administrative departments of the people's governments at and above the county level shall, together with the statistical departments at the same level shall, formulate plans for statistical surveys and compile statistics about land according to law and regularly issue statistical data about the land. Land owners and users shall provide related materials and it is strictly forbidden to provide false and concealed materials or refuse to provide or delay the delivery of materials.
The statistical materials about the land areas issued by land administrative departments and statistical departments serve as the basis for people's governments at all levels in compiling the general plans for the utilization of land.
Article 30 The State shall establish the national land management information system to conduct dynamic monitoring of the utilization of land.
CHAPTER FOUR PROTECTION OF CULTIVATED LAND
Article 31 The State protects the cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.
The State fosters the system of compensations to cultivated land to be occupied. In the cases of occupying cultivated land for non-agricultural construction, the units occupying the cultivated land should be responsible for reclaiming the same amount of land in the same quality as that occupied according to the principle of "reclaiming the same amount of land occupied. Whereas units which occupy the cultivated land are not available with conditions of reclaimation of land or the land reclaimed is not up to requirements, the units concerned should pay land reclamation fees prescribed by provinces, autonomous regions and municipalities for reclaiming land for cultivation the land reclaimed.
The people's governments of all provinces, autonomous regions and municipalities shall formulate plans for reclamation of cultivated land, see to it that units which occupy cultivated land shall reclaim land as planned or organize the land reclamation according to plan and examine and accept the land reclaimed.
Article 32 The local people's governments at and above the county level may demand units which occupy cultivated land to use the topsoil of the land occupied for use in the newly reclaimed land, poor land or other cultivated land for soil amelioration.
Article 33 People's governments of all provinces, autonomous regions and municipalities shall strictly implement the general plans for the utilization of land and annual plan for the use of land, adopt measures to ensure not to reduce the total amount of cultivated land within their jurisdictions. Whereas reductions occur, the State Council shall order it to organize land reclamation within the prescribed time limit to make up for the reduced land in the same quantity and quality and the land administrative department of the State Council shall, together with agricultural administrative department, examine and accept it.
Whereas individual provinces and municipalities find it difficult to reclaim enough land to make up for the land occupied due to scarce reserve resources, the total amount of land due to be reclaimed in their own regions may be reduced with the approval of the State Council but the rest of land for reclamation shall be made up for elsewhere.
Article 34 The State fosters the system of protecting the basic farmland. The following cultivated land shall be demarcated as basic farmland protection areas and subject to stringent control according to the general plans for the utilization of land:
1. Cultivated land in the grain, cotton and oil-bearing crops production bases approved by the land administrative department of the State Council or the local people's governments at and above the county level;
2. Cultivated land with good water conservancy and water and soil conservation facilities and medium-and low-yielding land where the execution of amelioration plan is in progress or medium-and low-yielding land that is transformable.
3. Vegetable production bases;
4. Experimental plots for research and teaching;
5. Other cultivated land that should be designated as basic farmland protection areas as provided for by the State Council.
Areas of basic farmland demarcated by various provinces, autonomous regions and municipalities should make up over 80% of the cultivated land within their administrative areas.
Basic farmland protection areas shall be demarcated with township (town) as the unit and the protection of which shall be carried out by the land administrative departments of the county level people's governments together with agricultural administrative departments of the same level.
Article 35 People's governments at all levels shall adopt measures to maintain and protect irrigation and drainage facilities, ameliorate the soil to raise fertility and prevent desertification, salinization, water loss and soil erosion and pollution.
Article 36 Land shall be used sparingly for non-agricultural construction purposes. Whereas wasteland can be used, no cultivated land should be occupied; whereas poor land can be used, no good land should be occupied.
It is forbidden to build kilns, graves or houses on cultivated land or to dig sand, collect stones, do mining and carry soil away from cultivated land.
It is forbidden to occupy basic farmland to develop horticulture or dig ponds to breed fish.
Article 37 No unit or individual is allowed to let the land to lie idle or go wasted. Whereas a cultivated land which has been occupied for non- agricultural construction upon approval and can sure start construction within one year is found cultivable and yieldable, it should be cultivated by the unit or individual that originally cultivates the land or cultivated by units occupying the land. Whereas construction work fails to start for over one year, land idling fees shall be paid according to the provisions by various provinces, autonomous region and municipalities. Whereas construction work fails to start for two successive years, the people's governments at and above the county level shall revoke the use right of the land with the approval of the original organ of approval. Whereas the land used to be owned by peasant collectives, it should be turned over to original rural collective economic organizations for recultivation.
Idle land that is lying within the urban plan areas and whose use right has been leased for real estate development shall be handled according to the "Urban Property Administration Law of the People's Republic of China".
Whereas a unit or individual that has contracted for land operation has given up cultivation and allowed the land to go wasted for two successive years, the original constracting-out party shall terminate the contract and recover the land contracted out for cultivation.
Article 38 The State encourages development of unused land by units or individuals according to the general plans for the utilization of land and under the precondition of protecting and improving the ecological environment, preventing water loss, soil erosion and desertification. Land suitable for agricultural use should have the priority of developing into land for agricultural use.
The State protects the legitimate rights and interests of developers.
Article 39 Reclaiming unused land shall go through scientific argumentation and evaluation and can proceed according to law after approval within the reclaimable areas demarcated in the general plans for the utilization of land.
It is forbidden to destroy forests and grassland in the process of land reclamation. It is forbidden to carry out landfill of lakes and occupy beachland of rivers.
Whereas reclaimation of a land or rounding up of a land for reclaimation would give harm to ecological environment the land concerned should be restored as forerts, pasture fields or lakes step by step and in a planned manner according to the general plans for the utilization of land.
Article 40 For developing waste hills, land or beachland whose use rights have not been ascertained for crop cultivation, forestry, animal husbandry or fisheries, the use rights may be given to developers or individuals for long-term use with the approval of the people's government at and above the county level according to law.