Regulation on the Implementation of the Land Administration Law of the Peoples Republic of China (Revised Draft)(Consultation Paper) Publicized for Public Opinions
On Mar. 30, 2020, the Regulation on the Implementation of the Land Administration Law of the Peoples Republic of China (Revised Draft)(Consultation Paper) was publicized for public opinions, in which the chapter of Territorial and spatial planning was added for the first time. The Revised Draft (Consultation Paper) contains 8 chapters and 71 articles, including the General Guideline, the Territorial and spatial planning, the Farmland Protection, the Construction Land Use, the Registration of Ownership and Use Right of Land, the Supervision and Inspection, the Legal Responsibility, and the Supplementary Provisions. Among them, the chapter of Territorial and Spatial Planning includes 6 articles, i.e., the Planning Validity, the Formulation Requirements, the Planning Examination and Approval, the Land Survey, the Hierarchy Classification, and the Informationization.
The Revised Draft (Consultation Paper) includes amendments from the following several aspects. First of all, following the decision by the CPC Central Committee, a territorial and spatial planning system is established. It unites the original main functional zone planning, land use planning, and urban-rural planning into the territorial and spatial planning, which is a major strategic decision made by the Central Government. The Revised Draft makes clear the validity and content of the territorial and spatial planning and requires that the territorial and spatial planning should coordinate functional spaces like the ecological space, the agricultural space, the urban area, etc., and the ecological protection red line, the permanent fundamental farmland, and the urban development boundary should be clearly defined. Secondly, the most vigorous farmland protection institution should be further improved. The Revised Draft includes the farmland protection methods that are practically effective into the regulation, establishes compensation system for farmland protection, and clarifies the responsible main body for farmland protection. Thirdly, efforts should be put into implementing the reform of “Delegate Power, Streamline Administration and Optimize Government Services” into practice, and optimizing the examination and approval institution for construction land use. Following the principle of “equity between power and responsibility,” the local government should be delegated with more land use authority. Fourthly, the achievements of three major institutional reforms on rural land are consolidated. The land expropriation procedure centered at protecting farmers’ benefits is stated in details, which clarifies the requirements and procedure for on-market trade of collective-owned commercial construction land and protects the farmers’ rights and benefits concerning their homestead. Fifthly, following the principle of being problem oriented, mature experiences proven by practice are written into the regulation. What’s more, the regulation relating to land storage is added and the regulation related to temporary land use is improved.