China - Obtain a Land Use Permit

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Procedure

The land administration department under the State Council is in charge of unified administration of and supervision over the land throughout the country. The establishment and duties of the land administration departments of local people's governments at or above the country level is decided by people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant regulations of the State Council.

Land owned by peasant collectives shall be registered and recorded by people's governments at the county level, which shall, upon verification, issue certificates to confirm the ownership of such land. Land owned by peasant collectives to be lawfully used for non-agricultural construction shall be registered and recorded by people's governments at the county level, which shall, upon verification, issue certificates to confirm the right to the use of the land for such construction. State-owned land to be lawfully used by units or individuals shall be registered and recorded by people's governments at or above the county level, which shall, upon verification, issue certificates to confirm their right to the use of such land. The specific organs for registration and issue of certificates for State-owned land to be used by central State organs shall be determined by the State Council. Ownership or the right to the use of forest land or grassland and the right to the use of water surfaces or tidal flats for aquaculture shall be confirmed respectively in accordance with the relevant provisions of the Forestry Law, the Grassland Law and the Fisheries Law of the People's Republic of China.

Way to obtain the state-owned construction land use right there transfer, lease or transfer and so on. Refers to the state to sell state-owned land use right transfer within a certain number of years to land users, land use right transfer fee paid to the State by the land user behavior. The way the tender to sell, auction, listing agreement to sell and so on. Refers to the state-owned land lease state-owned land will be leased to the user to use the signing of a certain period of land use rights lease contract by the user with the city or county government land and resources management departments, and pay rent behavior. State-owned land allocation refers to the law approved by the people's governments above the county level, delivered in the land after land users pay land compensation and resettlement costs, or will be delivered free of charge to the land use right to use the land user behavior. Without the approval of land use rights shall not be transferred, leased, mortgaged.

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Required Documents

• Land registration application
• Applicant identity documents
• Sources prove land ownership
• Cadastral survey, map cases , the total tax payment or tax voucher boundary coordinates
• Laws and regulations
• Ground attachments proof of ownership
• Other evidence.

Office Locations & Contacts

Ministry of Land and Resources
Address: No. 64 Funei Street
100812 Beijng, China
Tel: 86-10-66558407/08/20
Fax: 86-10-66127247
http://www.mlr.gov.cn

Eligibility

A land user obtains only the land use right, not the land or any resources in or below the land.

A land grant contract shall be entered into between the land user and the land administration department of the peoples government at municipal or county level.

Fees

Explain the fees structure which is required for obtaining the certificate/document.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

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Sample Documents

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Processing Time

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Related Videos

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Instructions

The State applies a system of control over the purposes of use of land. The State formulates overall plans for land utilization in which defines the purposes of use of land and classify land into land for agriculture, land for construction and unused land.

It rigidly restricts conversion of land for agriculture to land for construction, keep the total area of the land for construction under control and give special protection to cultivated land. Land for agriculture as referred to in the preceding paragraph means land that is directly used for agricultural production, including cultivated land, forest land, grassland, land for irrigation and water conservancy and water surfaces for aquaculture; land for construction means land for construction buildings and other structures, including land for housing in urban and rural areas, for public utilities, for industries and mining, for communications and water conservancy, for tourism and for military installations; unused land means land other than land for agriculture and construction.

All units and individuals shall use land in strict compliance with the purposes of use defined in the overall plans for land utilization.

Required Information

• Surname
• Name
• Identification numbers
• Phone
• Zip code
• Mailing address
• Organizations Code
• Legal representative
• Applicant signature or seal

Need for the Document

To value land highly, use land rationally and protect cultivated land effectively is China's basic policy. People's governments at all levels takes measures, draw up overall plans, tighten control, protect and develop land resources, and prevent unlawful occupation and use of land.

No units or individuals may encroach on or transfer land, through buying, selling or other illegal means. The right to the use of land may be transferred in accordance with law.

Information which might help

If units or individuals illegally transfer land through buying, selling or other means, their unlawful gains shall be confiscated by the land administration departments of the people's governments at or above the county level. If units or individuals, in violation of the overall plan for land utilization, convert land for agriculture to land for construction, they shall demolish, within a time limit, the structures and other installations built on the illegally transferred land and put the land back to its original state; if the conversion happens to conform to the overall plan for land utilization, the structures and other installations built on the land shall be confiscated; and the units or individuals may also be fined; the persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with law. If the violations constitute crimes, criminal responsibility shall be investigated in accordance with law.

Where units or individuals that have no authority to approve requisition or use of land unlawfully approve the use of land, or they do so by overstepping their authority of approval, or they approve the use of land at variance with the purposes defined in the overall plan for land utilization, or they approve the requisition or use of land in violation of the procedure prescribed by law, the documents of such approval shall be void and the persons directly in charge of and other persons directly responsible for illegally approving such requisition and use of land shall be given administrative sanctions in accordance with law. If the violations constitute crimes, criminal responsibility shall be investigated in accordance with law. If the violations constitute crimes, criminal responsibility shall be investigated in accordance with law. The land illegally approved for use shall be taken back. If the parties concerned refuse to return the land, they shall be regarded as illegal land users. Units or individuals that cause losses to the parties by illegally approving requisition or use of land shall bear the liability to pay compensation in accordance with law.

Other uses of the Document/Certificate

• To strictly protect the capital farm land and keep land for agriculture under control lest it should be occupied and used for non-agricultural construction.
• To increase the land utilization ratio.
• To make overall planning for the use of land for different purposes and in different areas.
• To protect and improve ecological environment and guarantee the sustainable use of land.
• To maintain balance between the amounts of cultivated land used for other purposes and the amount of land developed and reclaimed.

External Links

The Ministry of Land and Resources, P. R. China

Land Administration Law of the People's Republic of China

How to apply for land use permits

Others

Under any of the following circumstances, the land administration department of the people's government concerned may, with the approval of the people's government that has originally approved the use of land or that possesses the approval authority, take back the right to the use of the State-owned land:

• The land is needed for the benefits of the public;
• The use of the land needs to be readjusted for renovating the old urban area according to urban planning;
• At the expiration of the