Regulations of Tianjin Municipality on Land Administration

(Adopted at the 37th Session of the Standing Committee of the 11th Tianjin Municipal People’s Congress on 9 September 1992; Amended on the basis of the Decision on the amendment to the Regulations of Tianjin Municipality on Land Administration madeat the 34th Session of the Standing Committee of the 12th Tianjin Municipal People’s Congress on 30 July 1997; Revised at the 19th Session of the Standing Committee of the 13th Tianjin Municipal People’s Congress on 14 September 2000; Revised at the 34th Session of the Standing Committee of the 14th Tianjin Municipal People’s Congress on 18 December 2006 for the second time)

Chapter I General Provisions

Article 1 These Regulations are enacted in accordance with the Land Administration Law of the People’s Republic of China and relevant provisions of the State and in the light of the actual situation of this Municipality in order to strengthen land administration, maintain socialist public ownership of land, protect and develop land resources, rationally use land, protect farm land in real earnest, safeguard the legitimate rights and interests of the land owner and user, and promote sustainable, coordinated and healthy development of the economy and society.

Article 2 These Regulations shall be applicable to the protection, development, utilization, operation and management of land within the administrative area of this Municipality.

Article 3 People’s governments at all levels shall bring land administration in line with the national economic and social development plan of their own areas, and take overall responsibility for the stock of arable land and the protection area of basic farmland, the overall plan of land use and the implementation of the annual plan of land use within their respective administrative areas.

Article 4 The Municipal competent administrative department of land shall be responsible for land administration and supervision of the whole city in a uniform manner.

The district or competent administrative department of land shall, under the leadership of the Municipal competent administrative department of land, be responsible for land administration in the area under its jurisdiction. The agencies of the Municipal, district and county competent administrative departments of land shall, in accordance with their division of responsibilities, be responsible for the specific land administration in the designated area.

Article 5 This Municipality shall strengthen planning, regulation and control of land, institute and improve the land administration system, tighten protection of farmland, use land in a scientific and intensive manner, and earnestly guarantee the rights and interests of farmers so as to promote harmony between man and nature.

Article 6 This Municipality shall effect land use control, the farmland protection responsibility system, the systems of paid use of the state-owned land, land registration, project management of land development and conditioning, land consolidation and reserve and other systems.

Article 7 Competent administrative departments of land at all levels shall earnestly strengthen the building of the contingent for law enforcement and supervision of land, improve the quality of the law-enforcing supervisors, strengthen the administrative law-enforcing responsibility system of land, investigate and handle various types of law-breaking cases of land in accordance with the law, and timely and effectively correct and handle various kinds of violations regarding land.

Article 8 This Municipality encourages saving land by appropriate use and planning, and developing and utilizing the underground space. Utilization of underground space for various types of construction shall meet the urban plan.

Chapter II The Overall Plan and the Annual Plan of Land Use

Article 9 The drawing-up of the overall plan of land use shall adhere to the scientific outlook on development, and ensure coordination of protection, development, and utilization of land on the one hand and population, resources and environment on the other in accordance with the national economic and social development plan, the requirements of land consolidation and resources protection, land supply capacity and the demands of various types of construction on land.

Article 10 The Municipal overall plan of land use shall be drawn up by the Municipal People’s Government and submitted to the State Council for examination and approval.

The district or county overall plan of land use shall be drawn up by the district or county people’s government and, after examination and verification of the Municipal competent administrative department of land, submitted to the Municipal People’s Government for approval.

The township or town overall plan of land use shall be drawn up by the township or town people’s government and, after consent of the district or county people’s government and examination and verification of the Municipal competent administrative department of land, submitted to the Municipal People’s Government for approval.

The Municipal competent administrative department of land shall organize for the drawing-up of the regional overall plan of land use and submit it to the Municipal People’s Government for approval.

Article 11 The Municipal People’s Government shall apply for the adjustment of the Municipal overall plan of land use and, after consent of the State Council, organize for the drawing-up of the plan to be adjusted, which shall be examined and approved according to the original procedure of approval.

For the adjustment of the district, county, township, town and regional overall plan of land use, an application shall be lodged according to the original procedure of approval and, after consent of the Municipal People’s Government, the drawing-up of the plan to be adjusted shall be organized, which shall be examined and approved according to the original procedure of approval.

In the adjustment of the overall plan of land use, the various control targets of land use set in the overall plan of land use of the higher level must be surely kept unchanged.

Article 12 In the drawing-up and adjustment of the overall plan of land use, deliberations, public notifications, hearings and other forms shall be adopted to seek opinions from various sectors.

Article 13 The drawing-up and adjustment of the overall plan of land use shall be reported to the standing committee of the people’s congress of the same level before the plan is submitted to the people’s government of the higher level for examination and approval.

Article 14 After the overall plan of land use is approved, the people’s government that organizes for the drawing-up of the plan shall make it known to the public within 60 days and accept social surveillance with the exception of the part involving State secrets.

Article 15 The urban master plan, plans of villages and towns, and various land-related plans shall dovetail the orientation, layout and size of land use set in the overall plan of land use.

The competent administrative department of land shall have a part in the drawing-up of the urban master plan, plans of villages and towns, and plans of infrastructure facilities of energy, transportation and water conservancy.

Article 16 The Municipal competent administrative department of land shall, in collaboration with other relevant departments, draw up and break up the annual plan of land use of this Municipality in accordance with the annual plan target of land use assigned by the State, the national economic and social development plan of this Municipality, the State industrial policy, the overall plan of land use, the urban master plan and the actual situation of land for construction and land use.

The annual plan of land use shall make clear the newly added land for construction, the stock of farmland, and the plan target of land development and consolidation of this Municipality and, after approval of the Municipal People’s Government, be implemented by the Municipal competent administrative department of land.

Chapter III The Land Ownership Right and Land Usufruct

Article 17 The ownership right and usufruct of the collective land within the state-owned land and the city development control area of this Municipality shall be confirmed by the Municipal People’s Government according to the law.

The ownership right and usufruct of the collective land outside of the city development control area shall be confirmed by the district or county people’s government where the land is located according to the law.

Article 18 Where two or more than two land users share a piece of land, the shared land shall be divided according to the floorage and their land-use right shall be confirmed respectively.

Article 19 Where there is discrepancy between the area recorded in the land ownership or land-use documentation and the area actually surveyed, the land ownership right or land usufruct of the area actually surveyed shall be confirmed if there is no dispute regarding the neighbouring land.

Article 20 The boundary address shall be identified in confirmation of the land ownership right or land usufruct. The holder or user of the land adjacent to the boundary line of the land ownership shall attend the meeting for boundary identification with relevant documents in accordance with the time and place as required in the boundary identification notice transmitted by the competent administrative department of land. Where there is no disagreement over the boundary line of the land ownership, the parties concerned shall sign and seal the form of boundary address.

Where the parties concerned disagree over the boundary identification or fail to attend the meeting for boundary identification without good reasons, the competent administrative department of land shall divide the land ownership in accordance with relevant provisions of the State and the Municipality, the land ownership or land-use documentation and the present state of the land, and serve the confirmation letter of the demarcated land ownership line on the persons of the land ownership right, the land-use right and the neighbours.

Where there is disagreement over the confirmation letter of the demarcated land ownership line, the party concerned may lodge an application for re-verification of the demarcation line within 15 days as from the date of receiving the letter of confirmation. The applicant shall bear the expenses thus incurred for the re-verification of the demarcation.

Article 21 Disputes with regard to the land ownership right and land usufruct shall be settled through consultation by the parties concerned. Where consultation fails, the parties concerned may apply to the local competent administrative department of land or the township or town people’s government for mediation. Where agreement is reached through mediation, the competent administrative department of land or the township or town people’s government shall work out the mediation decision, on the strength of which the parties concerned may apply for land registration.

Where no agreement is reached after mediation, the dispute with regard to the collective-owned land shall be handled by the local township or town people’s government; the dispute that involves more than one township or town shall be handled by the district or county people’s government. The dispute involving the state-owned land or the dispute involving the state-owned land and the collective-owned land shall be handled by the district or county people’s government where the land is located; the dispute that involves more than one district or county shall be handled by the Municipal People’s Government.

Where the dispute of the land ownership right and land usufruct is handled by the Municipal, or district or county people’s government, the competent administrative department of land of the same level shall put forward handling opinions and submit them to the Municipal, or district or county people’s government for a handling decision. Where the handling decision made by the district or county people’s government involves the change of the decision of right confirmation made by the Municipal People’s Government, the handling decision shall be submitted to the Municipal People’s Government for approval.

The party concerned that refuses to accept the settlement decision may institute legal proceedings at the people’s court within 30 days as from the date of receiving the notice of the handling decision.

Neither of the parties is allowed to change of the status quo of land use before the dispute involving the land ownership right and land usufruct is settled.

Chapter IV Land Registration

Article 22 This Municipality practises the unified registration system of land ownership. The right to use the state-owned land and the right over another’s, the ownership right and the right to use the collective-owned land and the right over another’s shall be recorded according to the law.

Zongdi shall be taken as the basic unit in land registration.

Article 23 The Municipal competent administrative department of land shall install the unified land register in the whole city. The land register shall record the nature of the land ownership, the location of the land, the name or designation of the land obligee, the area and use of the land, the type and period of land usufruct, the right over another’s land and other items.

No one is allowed to arbitrarily alter the matters recorded in the land register without going through the statutory procedure.

The recordings in the ownership right certificate should accord with those in the land register. Where there is discrepancy between the ownership right certificate and the land register, the land register shall prevail.

The Municipal competent administrative department of land shall take care of the land register in a unified manner and keep it for ever so that the general public can consult it openly.

Article 24 The unit or individual using the state-owned land shall file an application for registration of the right to use the state-owned land.

The township or town collective economic organization, the village collective economic organization, the villagers’ committee shall file an application for registration of the ownership right of the collective-owned land.

The unit or individual using the collective-owned land shall file an application for registration of the right to use the collective-owned land.

The two parties concerned shall jointly file an application for registration of the right to use the transferred state-owned land or collective-owned land.

The unit undertaking a project shall file an application for registration of the right to use the land for the separate construction of buildings in the underground space in accordance with the plan of the urban underground space.

The obligee and the obligor of the right over another’s land shall jointly file an application for registration of the right over another’s land.

The buyer of land usufruct auctioned by the people’s court according to the law shall file an application for land registration on the strength of the judgment rendered by the people’s court, the notice to assist enforcement, and the confirmation letter of competitive buying.

Article 25 The following documents shall be presented in applying for registration of the land ownership right, land usufruct and the right over another’s land:

(1) An application form;

(2) The qualification documentation of the unit as a subject or the individual identification documentation;

(3) The documentation of the source of the land ownership;

(4) The cadastral data of survey; and

(5) Other documents need to be presented.

Article 26 The registration of the land ownership right shall be handled by the local district or county competent administrative department of land.

The competent administrative department of land shall complete examination and verification within 30 days as from the date of accepting the application for land registration. Where requirements for registration are met, the competent administrative department of land shall enter the matters of registration in the land register in accordance with the authority as prescribed in Article 17 of these Regulations and inform the obligee of obtaining the land ownership right certificate.

Where the requirements for land registration are met, the day of accepting the application for land registration is regarded as the registration day.

The establishment, alteration and termination of the land right shall take effect as from the registration day.

Article 27 The competent administrative department of land shall not handle land registration under any one of the following circumstances:

(1) The period of transference, lease and mortgage of the state-owned land usufruct has exceeded the fixed number of years of transference of land usufruct;

(2) The period of transference and mortgage of the state-owned land usufruct has exceeded the fixed number of years of land lease;

(3) Arbitrarily changing the purpose of land and its conditions;

(4) Failing to pay land tax, fees or proceeds from land;

(5) The dispute involving land ownership right has not been settled;

(6) Illegally seizing land;

(7) The land right is legally restricted; and

(8) Other circumstances in which registration is not allowed according to the law.

The competent administrative department of land shall inform in writing the applicant of the decision on not allowing registration within 30 days as from the date of accepting the application.

Article 28 In any one of the following cases, the land obligee shall apply for registration of the changes of land:

(1) Changes of the persons of the land ownership right, the land-use right and the right over another’s, or changes of the name and address;

(2) Changes of the land boundary line, its purpose of use and others;

(3) Changes of the type of land usufruct; and

(4) Other changes of the land ownership right, land usufruct and the right over another’s.

Where matters of changes mentioned in the preceding paragraph need the approval of the competent administrative department of land, registration of the changes of land can be directly handled after approval.

Article 29 In any one of the following cases, the competent administrative department of land shall directly handle the registration of cancellation of the land right and make it known to the public:

(1) The land is expropriated or recalled according to the law;

(2) The period of the state-owned land usufruct is due and the party concerned fails to apply for an extension or the application for an extension is not approved;

(3) Loss of the original state-owned land usufruct due to the law-based housing relocation or land purchase;

(4) Concealing truthful facts when conducting registration;

(5) Loss of the original land right as the people’s government re-confirms the land ownership right according to the law;

(6) Loss of the original land right due to judgments or decisions rendered by the people’s court in accordance with the law; and

(7) Other circumstances requiring cancellation of registration according to the law.

Article 30 The parties concerned that disagree over the content of the land register may apply to the competent administrative department of land for correction and provide relevant documentations. When errors are surely found after verification, the competent administrative department of land shall make corrections after making a public announcement; when no error is found after verification, no correction shall be made and the applicant shall be informed in writing thereof.

Article 31 Where the judicial organ or the administrative department has taken measures to restrict the registered land right from transference or from establishing the right over another’s according to the law, the competent administrative department of land shall put down in the land register the seized scope, content, and period as clearly stated in the award, the letter of decision or the notice to assist enforcement.

Where the scope, content, and period as stated in the award, the letter of decision or the notice to assist enforcement are not clear or disagree with those in the land register, the competent administrative department of land shall inform the relevant judicial organ or the administrative department thereof.

Article 32 After a construction project is completed, the unit undertaking the project shall apply to the competent administrative department of land for an acceptance check over the use of land of the construction project. The competent administrative department of land shall organize for the acceptance check within 20 workdays as from the date of receiving the application. Where the project fails to pass the acceptance check, the Municipal competent administrative department of land shall not handle land registration.

Article 33 In the administrative law enforcement over land, the competent administrative department of land may check on the land ownership right certificate and the persons of the land ownership right, the land-use right and the right over another’s shall provide facts accurately and give cooperation.

Article 34 Where houses are already built on the land, the owner shall apply for registration of the house ownership right at the same time with application for registration of the land ownership right, and the Municipal competent administrative department of land and house ownership right registration shall issue the certificate of the house and land ownership right and the documentation of registration.

The Municipal competent administrative department of land and house ownership right registration shall install the house and land ownership right register and make unified certificates of the house and land ownership right and documentations of registration.

Article 35 The Municipal competent administrative department of land may work out the technical code of land registration in accordance with the present Regulations.

Chapter V Protection of Farmland

Article 36 Those who occupy and use farmland for construction shall reclaim qualified land to replenish farmland on the principles of “reclamation first before occupation and use, and the reclaimed land being equivalent to the used and occupied land ”.

Article 37 The competent administrative department of land shall make investigations into land reserve resources and institute the bank of land development and consolidation projects to replenish farmland. Where occupation and use of farmland requires reclamation of new land for farming, a choice shall be made from the bank of land development and consolidation projects.

Article 38 The district or county or city people’s government whose total amount of farmland is decreased shall be ordered to organize for reclamation of land which is to be equivalent to the occupied and used land in terms of quantity and quality within a prescribed time limit.

The district or county whose amount of newly reclaimed land is not enough to replenish the amount of occupied and used farmland due to inadequate land reserve resources and increased land for construction may organize for reclamation in other districts or counties of this Municipality, subject to approval of the Municipal People’s Government. This Municipality whose amount of newly reclaimed land is not enough to replenish the amount of newly occupied and used farmland shall, according to relevant provisions of the State, apply for reclamation in other regions outside of this Municipality.

Article 39 Those who occupy and use farmland after approval for construction of non-agricultural purposes shall not occupy and use the farmland before reclaiming new land, and the unit that occupies and uses the farmland shall be responsible for reclamation of land which is to be equivalent to the occupied and used farmland in terms of quantity and quality.

Those that are incapable of reclamation or whose reclaimed land cannot meet the requirements shall pay land reclamation fees to the Municipal competent administrative department of land in conformity with relevant provisions. The land reclamation fees shall be exclusively used for reclamation of new land and directly appropriated by the Municipal related department in accordance with relevant provisions to the unit that carries out reclamation according to the reclamation plan approved by the Municipal People’s Government.

Article 40 The structural adjustment of agricultural production that involves the adjustment of land for agricultural purposes should satisfy the orientation, structure and layout of land use set in the overall plan of land use.

Those who use farmland for construction of permanent installations and supplementary installations for agricultural production shall go through the examination and approval procedure of transference of farmland to other purposes and ensure balance of the used farmland and the replenished land.

Article 41 The unit that occupies and uses farmland after approval for construction of non-agricultural purposes but fails to start construction for more than one year shall pay fees of idle land in one lump sum to the competent administrative department of land by the standard of 10 yuan one square metre; if the land is not used for two successive years, the land usufruct of the land user unit shall be recalled gratuitously, subject to the approval of the Municipal People’s Government.

Article 42 Reclamation, development, consolidation and reclamation for a second time shall be placed under project management, and the project determination, its planning and design, budget and acceptance check upon completion shall be properly handled in accordance with relevant provisions.

Article 43 Land reclamation fees, fees of paid land use for newly increased land for construction, and the capital used for reclamation stipulated by the Municipal People’s Government shall be exclusively used for reclamation and land development and consolidation, which shall be jointly executed by the finance department and the competent administrative department of land.

Article 44 Fetching earth from farmland is prohibited.

Those who fetch earth from non-farmland for business shall file an application to the district or county competent administrative department of land where the non-farmland is located for that purpose and shall meet the following requirements:

(1) With proof of consent of the person(s) of the land ownership right and the land-use right;

(2) The land suitable for fetching earth satisfies the requirements as set forth in the overall plan of land use, the urban plan, and the village or town plan;

(3) With an earth fetching scheme and protective measures; and

(4) With measures to control natural eco-environment.

For those who meet the aforementioned requirements, the competent administrative department of land shall determine the scope and depth of land for fetching earth in accordance with the overall plan of land use and issue the earth fetching permit within the statutory period of time.

Where it is otherwise stipulated in laws and regulations with regard to earth-fetching from non-farmland, such provisions shall prevail.

Article 45 Where land destruction is caused due to damage by digging, subsidence and pressing and occupation, the unit or individual that uses the land shall conduct a second reclamation according to relevant stipulations of the State; those that are incapable of a second reclamation or whose second reclaimed land cannot meet the requirements shall pay second reclamation fees to the competent administrative department of land by the standard of 20 yuan one square metre, which shall be exclusively used for second reclamations.