Implementing Regulations on the Land Administration Law were promulgated on 27 Dec. 1998, and amended in 2011, 2014, and 2021 respectively. The latest revision entered into force on 1 Sept. 2021. There are 67 articles in total. The Regulations aim to strengthen land administration, protect and develop land resources, and make rational use of land.
The key points are as follows:
The State implements special protection of cultivated land, strictly observes the red line of cultivated land protection, strictly controls the conversion of cultivated land into woodland, grassland, garden land and other agricultural lands, and establishes a compensation system for protecting cultivated land. The competent administrative authority of natural resources under the State Council (Ministry of Natural Resources) shall, in conjunction with other relevant authorities, formulate specific measures and implementing procedures for compensation for protecting cultivated land.
The people’s governments of all provinces, autonomous regions and municipalities directly under the Central Government shall take overall responsibility for the cultivated land protection within their respective administrative areas. The persons chiefly in charge shall be the first responsible persons for the cultivated land protection within their respective administrative areas. The people’s governments of all provinces, autonomous regions and municipalities directly under the Central Government shall divide and delegate the tasks for the quantity of cultivated land and the protection of permanent basic farmland determined by the State Council to the lower levels, and assign them specific plots of land. The State Council shall assess the performance of the responsibilities and targets for the cultivated land protection by the people’s governments of all provinces, autonomous regions and municipalities directly under the Central Government.
Homesteads obtained in accordance with law and rural villagers’ housing and ancillary facilities on homesteads shall be protected by law. It is prohibited to forcibly transfer homesteads against the will of rural villagers, to illegally take back the homesteads obtained by rural villagers in accordance with law, to take the waiver of homesteads as the precondition for rural villagers to settle in cities and towns, and to force rural villagers to relocate from and waive their homesteads.