How To Obtain a Land Use Permit In China

How To Obtain a Land Use Permit In China

  • The land administration department , which is under the supervision of the State Council is in charge of unified administration and oversight over the nation’s land. The establishment and the duties of the departments for land administration of local governments that are above the national level are decided by the provincial people’s governments municipalities, autonomous regions, and provinces directly under the supervision of the Central Government in accordance with the applicable regulations of the State Council.
  • The land owned by peasant collectives is recorded and registered by the people’s government on a county-level that, following verification they issue certificates that confirm the title to the land. Peasant collectives’ land to be legally utilized for non-agricultural purposes must be recorded and registered by the local governments in the level of county who, after confirmation, issue certificates to confirm the right to usage of land for construction. Land owned by the State that is legally utilized by individuals or units are recorded and registered by the people’s government that are above or beyond the county-level, that, upon confirmation, issue certificates to confirm their right to use of the land. The specific bodies responsible that are responsible for registering and issuing certificates for State-owned land that are to be utilized in central State organs will be decided through the State Council. The ownership of or right to the use of grassland or forest land and the right to use of flats in the tidal zone for aquaculture should be confirmed according to the applicable requirements from the Forestry Law, the Grassland Law and the Fisheries Law of the People’s Republic of China.
  • The method to get the state-owned construction land right to transfer lease, transfer or etc. It is the responsibility of the state to sell the state-owned land use rights within a specified amount of time to land users, the land use right transfer fees paid to the State through land users’ actions. The method used to tender to sell is conducted, auction, listing agreement to sell, and other similar agreements. refers to the state-owned land leases state-owned land that is to be licensed to the owner to make use of the signing of a specific time period of the land use rights lease agreement by the user through the city or county government land and resource management departments, as well as paying rent in a certain manner. Land allocations that are owned by the state refer to the law that has been approved by government of the people at the county level. It is delivered to the land after the users have paid compensation for land and resettlement fees or are provided free of charge to the land use rights to make use of the land’s user behaviour. Without the approval of the land rights to use, they cannot be transferred, leasedor mortgaged.

Documents Required Obtain a Land Use Permit

  • Application for registration of land
  • Identity documents for applicants
  • The sources prove ownership of land
  • Cadastral survey, map cases, the tax total or the tax voucher boundary coordinates
  • Regulations and laws
  • Ground attachments as proof of ownership
  • Other evidence.

Office Locations and Contacts

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

What Are All The Eligibility

  • The land user only has the right to use land and not the land, nor any resources beneath or on the area.
  • A contract for land grants must be signed between the landowner and the department of land administration of the local government at the municipal or county or county.

Instructions

  • The State has an oversight system to control the use of land. The State develops general plans for the use of land which they define the goals of land use and categorizes the land into agricultural land, construction land and undeveloped land.
  • It strictly restricts the altering land for agricultural use to construction land, keeping the entire area of construction site under control and offer particular protection to land that is cultivated. Land used for agriculture in the sense referred to in the previous paragraph is land that is specifically used for the production of agricultural products that includes cultivated land grassland, forest as well as land for irrigation and water conservation and aquaculture water surfaces and construction. Land for construction is the land used for construction as well as other structures, such as areas for housing in rural and urban areas as well as public utilities for mining and industries for water conservation and communications for tourism, and for military installations. Land that is not used refers to land not being used that is used for construction or agriculture.
  • Individuals and units must utilize land in strict accordance with the purpose of use as laid out in the overall plan for the use of land.

The Information You Need

  • Surname
  • Name
  • Identification numbers
  • Phone
  • Zip code
  • Address for mail
  • Organizations Code
  • Legal representative
  • Signature or seal of the applicant

The Document is required Obtain a Land Use Permit

  • To be adamant about land and to use it in a rational manner, as well as safeguard the land that is cultivated effectively is the main goal of China’s policy. The government of the people at all levels take measures, create general plans, increase control to protect and develop land resources, and stop illegal use and occupation of land.
  • The law prohibits any individual or unit to take over land or transfer it by buying, selling or using other illicit methods. The right to property can be transferred according to the law.

Information that could be helpful

  • If individuals or units unlawfully transfer land by selling, buying or other methods, their illegal gains are confiscated by the departments of land administration of the governments of the people at or over at the level of the local government. If any individuals or units against the general plan of land use, transform land used for agriculture into land to be used for construction, they must destroy, within a certain time frame, any structures and other constructions constructed on the land illegally transferred and return the land to its original condition; If the conversion does not be in line with the general plan for the use of land that is, all structures and structures that are constructed on the land must be taken away; the individuals or groups could be penalized; people directly in charge and any other individuals directly responsible will be imposed administrative penalties in line with the law. If the actions are considered to be criminal offenses, the responsibility for those violations will be investigated according to the law.
  • Individuals or groups who have no authority to approve the use or requisition of land illegally, approve that land is used or in violation of their authority to approval, or approve any use for land that is at not in accordance with the objectives set out in the overall strategy for land use, or agree with the requisition or the use of land contrary to the procedures prescribed by law and the documents indicating such approval will be invalid and the individuals directly responsible for the land and those directly accountable for approving illegally the requisition or use of land will be subject to administrative penalties in accordance with the law. If the actions constitute crimes, the criminal liability will be investigated according to the law. If the violations are crimes the criminal responsibility is determined in accordance with the laws. The land not authorized for use will be returned. If the parties involved do not restitute the property, they will be considered unlawful land owners. Anyone who causes loss to the parties through not allowing the requisition to be approved or by making using land will be held to the responsibility of paying compensation as per the laws.

Other uses for the document/certificate

  • To ensure the security of agricultural land that is used for capital and to keep the agricultural land under control in case it is utilized to construct non-agricultural structures.
  • To increase the land-use ratio.
  • For the purpose of planning the land use for various purposes and for different locations.
  • Protect and improve the our environment, and to ensure the sustainable utilization of land.
  • In order to maintain a balance between amounts of land that is cultivated for other purposes , and how much land is being developed and that is reclaimed.

External Links

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

Land Administration Law of the People’s Republic of China

How do I make an application for the land use permit

Other

In any of the above conditions, the land management department of the government of the people in question may, subject to the consent of the people’s government that initially authorized to use land, or who has the authority to approve and the authority to do so, regain the right to use the land that is owned by the State

  • The land is required to serve the good of the community;
  • The land’s use must be re-evaluated in order to renovate the old urban zone in line with urban planning
  • Then, at the end of the

Source

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