Procedures of Shanghai Municipality on the Implementation of the Land Administration Law of the People's Republic of China

(Adopted at the 7th Session of the Standing Committee of the 10th Shanghai Municipal People’s Congress on February 4, 1994; amended for the first time in accordance with the Decision to Amend the Procedures of Shanghai Municipality on the Implementation of the Land Administration Law of the People’s Republic of China adopted at the 36th Session of the Standing Committee of the 10th Shanghai Municipal People’s Congress on May 27, 1997; revised at the 23rd  Session of the Standing Committee of the 11th Shanghai Municipal People’s Congress on November 17, 2000; amended for the second time in accordance with the Decision to Amend Part of This Municipality’s Local Rules adopted at the 21st Session of the 13th Shanghai Municipal People’s Congress on September 17, 2010; amended for the third time in accordance with the Decision to Amend Part of This Municipality’s Local Rules adopted a the 8th Session of the 15th Shanghai Municipal People’s Congress on December 20, 2018)

Chapter I  General Provisions

Article 1

These Procedures are formulated in accordance with the Land Administration Law of the People’s Republic of China (hereinafter referred to as the Land Administration Law) and the Regulations on the Implementation of the Land Administration Law of the People’s Republic of China (hereinafter referred to as the Regulations on the Implementation of the Land Administration Law) and in the light of the actual situations of this Municipality.

Article 2

This Municipality shall carry out the basic state policy of treasuring and making rational use of land, and effectively protecting arable land.

The people’s governments at all levels in this Municipality shall take measures to formulate overall plans, strictly control, protect and develop land resources, and stop all acts of illegally occupying land.

Article 3

The land administrative departments of the Municipal People’s Government (hereinafter referred to as the municipal land administrative departments) are in centralized charge of the administration and supervision of the land of the entire Municipality, and shall set up agencies in charge of land administration within designated areas.

The land administrative departments of district/county people’s governments (hereinafter referred to as the district/county land administrative departments”) are responsible for the administration and supervision of the land within their respective administrative areas, and are professionally under the leadership of the municipal land administrative departments. The district/county land administrative departments may set up agencies where necessary.

The planning, agricultural and water administrative departments of the municipal, district and county people’s governments shall coordinate in the implementation of these Procedures in accordance with their own duties.

Chapter II  Land Ownership and Land Use Right

Article 4

Application for the registration of land collectively owned by peasants shall be filed by the representative of its ownership with the district/county land administrative departments in accordance with law. Application for land collectively owned by peasants in the same village shall be filed by the villagers’ committee and, where the land is collectively owned by the villagers’ group, the application shall be filed by the villagers’ group.

The district/county land administrative departments shall issue an announcement of the ownership registration of land collectively owned by peasants. If no dispute arises over the ownership of the land during the period of announcement, the district/county people’s governments shall have it filed in official registry and issue the land certificate.

Article 5

If land collectively owned by peasants is used for non-agricultural purposes in accordance with law, registration shall be made of the right to use the collectively owned land in accordance with the “Regulations of Shanghai Municipality on the Registration of Real Estates”.

If any unit or individual person uses state-owned land in accordance with law, they shall have their right to use the state-owned land registered in accordance with the “Regulations of Shanghai Municipality on the Registration of Real Estates”.

Article 6

The municipal or district/county land administrative departments shall survey land collectively owned by peasants and land whose use right is acquired by units or individual persons in accordance with law, define its boundary, and lay boundary markers.

No unit or individual person shall move or damage land boundary markers without authorization.

Article 7

In case of legal seizure of land collectively owned by peasants, or legal revocation of land use right, the original land registration organ shall cancel the land registration.

Chapter III  Overall and Annual Land Use Plans

Article 8

The people’s governments at all levels of this Municipality shall organize the formulation of the overall land use plan in accordance with the provisions of the Land Administration Law and the Regulations on implementing the Land Administration Law.

The overall municipal land use plan shall be formulated by the municipal land administrative departments jointly with the municipal planning, economic, construction, planning, agricultural, water, transportation, financial, and other relevant departments. The district/county people’s governments shall organize relevant departments in formulating the overall district/county land use plans, while overall township/town land use plans shall be formulated by the township/town people’s governments.

Article 9

Upon examination and approval by the Municipal People’s Government, the overall municipal land use plan shall be submitted to the State Council for approval.

The overall district/county land use plans shall be submitted to the Municipal People’s Government for approval.

Upon its examination and approval by the district/county people’s government, the overall township/town plan of land use shall be submitted to the Municipal People’s Government for approval.

The overall land use plans shall be strictly implemented and shall not be adjusted without the approval of the original examining and approving department.

Article 10

The municipal and district/county land administrative departments shall, jointly with other relevant departments, formulate annual land use plans in accordance with the national economic and social development plans of this Municipality or the district/county, state industrial policies, the overall land use plan, the progress in the implementation of the city plan and the present situation of land development and utilization.

Annual land use plans shall include the following contents:

1. planned quota for the turn of land used for agricultural purpose into land used for other purposes;

2. planned quota for amount of arable land retained;

3. planned quota for land development and improvement; and

4. planned quota for land to be used for operational project construction.

On examination and approval by the district/county people’s governments, the annual land use plans formulated by the district/county land administrative departments shall be incorporated in the annual municipal land use plan, subject to comprehensive balancing by the municipal land administrative departments.

Article 11

The planned quota for land to be used for operational project construction in the annual municipal land use plan shall be submitted to the Municipal People’s Government for approval, while other planned quotas shall be submitted to the State Council for approval, upon examination and approval by the Municipal People’s Government.

Article 12

The municipal land administrative departments shall decide on and issue an analytical planned quota for districts and counties in the light of the annual municipal land use plan.

The municipal and district/county land administrative departments shall rationally allocate land to be used for various construction projects on the basis of the analytical planned quotas and control the total amount of land to be used for construction.

No increase of land for construction purposes shall be approved without quotas for the turn of agricultural use land into non-agricultural use land, or if the planned quota for turn of agricultural use land to other purposes has been exceeded. The use of land for operational project construction shall not be approved without planned quotas or if the planned quotas have been exceeded. In case of failure to fulfill the planned quotas for amount of arable land retained or land development and improvement, the planned quota for the turn of agricultural use land into land for other uses shall be decreased by the same amount in the following year.

Article 13

The Municipal People’s Government shall list the implementation of the annual land use plan as one aspect of the implementation of the national economic and social development plan, and report thereupon to the Municipal People’s Congress.

Article 14

The municipal land administrative departments shall conduct regular surveys on the present situation of land use and, jointly with the municipal planning and other relevant departments, grade land on the basis of the result of the land surveys, the regional use functions defined in the overall municipal plan and relevant State standards.

The municipal land administrative departments shall announce to the public the results of the land surveys and the grading process.

Chapter IV  Protection of Farmland

Article 15

In non-agricultural construction, land shall be used sparingly. No or little arable land shall be occupied.

Adjustment of the structure of agricultural production shall not damage the arable layer of the soil in arable land.

It is forbidden to leave arable land idle or in waste. The use of arable land for constructing kilns or tombs is forbidden, as is the unauthorized construction of housing, sand digging, quarrying, mining and earth excavation operations, as well as the dumping of garbage, residues and other wastes in arable land.

District/county land administrative departments shall, jointly with the agricultural departments, designate basic protected arable land areas for each township/town as one unit in accordance with the Land Administration Law and the Regulations on the Protection of Basic Arable land and subject them to strict control.

Article 16

When performing examination and approval formalities for the use of land for construction, individual persons, or units that are permitted to use arable land for non-agricultural construction shall submit arable land reclamation plans corresponding to the amount and quality of the arable land occupied, and be responsible for their implementation. They may also pay to the municipal or district/county land administrative departments arable land reclamation fees to be used for the exclusive purpose of organizing the reclamation of new arable land.

Article 17

The municipal land administrative departments shall, jointly with municipal agricultural, water, financial and other relevant departments, formulate land reclamation plans on the basis of the overall land use plan and the amount of arable land used for construction, and submit the land reclamation plans to the Municipal People’s Government for examination and approval.

People’s governments of districts and counties with reserve arable land resources, such as mudflats, shall organize land, agricultural, water, financial and other departments in formulating land reclamation schemes on the basis of land reclamation plans, and have them filed with municipal land administrative departments for the record.

Article 18

The implementation of land reclamation schemes shall be organized by district/county land administrative departments, jointly with agricultural and water administrative departments.

The implementation of land reclamation projects on mudflats shall be organized by the water administrative departments, and shall comply with the provisions of laws and regulations on mudflat administration and environmental protection.

Article 19

District/county land administrative departments shall, jointly with the agricultural, water and other relevant departments, formulate land improvement plans for idle and abandoned land, and for the comprehensive renovation of land, water, roads, forests and villages on the basis of the overall land use plan and other related plans, and submit the plan to the district/county people’s governments for approval and have them filed with the municipal land administrative departments for the record.

Township/town people’s governments shall formulate land-regulating schemes on the basis of the land improvement plans and the planned quotas for land development and improvement in the annual land use plans, and see to their implementation upon their approval by the district/county land administrative departments.

Article 20

Land reclamation and regulation shall contribute to the protection and improvement of the ecological environment, conform with the requirements for transmission of water and passage and storage of floods in rivers and lakes, and be implemented in accordance with relevant technical standards and procedures with respect to land, agriculture and water conservancy. Deforestation for land reclamation and reclamation of land from lakes shall be forbidden.

Article 21

Upon their completion, land reclamation projects shall be checked and accepted by the municipal land administrative departments jointly with the municipal agricultural departments in accordance with the quality standards of newly added arable land.

Upon their completion, land-regulating projects shall be checked and accepted by district/county land administrative departments in conjunction with agricultural, water and other relevant departments. If new arable land is added to lots that have been accepted, they shall be rechecked and confirmed by the municipal land administrative departments jointly with the municipal agricultural departments.

Article 22

The newly added arable land from the land reclamation and regulation projects shall be integrated in the planned quotas for annual retention amount of arable land and for land development and regulation.

Newly added arable land that exceeds the annual planned quotas for retained amount of arable land and for land development and regulation may be carried over as planned quotas for land development and regulation for the following year. They may also be used as compensatory quotas for the use of farmland for non-agricultural construction, subject to the approval of district/county land administrative departments. Those used as trans-regional district/county arable land compensatory quotas shall be examined and verified by the municipal land administrative departments.

Article 23

If land recultivation should be conducted in accordance with the provision of Article 42 of the Land Administrative Law, the work shall be done by the land user units and individual land users themselves, or entrusted to a relevant professional unit. Land user units or individual land users that are not equipped for land recultivation or whose recultivation does not meet the requirement shall pay land recultivation fees to the district/county land administrative departments so that the district/county land administration departments may organize the recultivation program.

Chapter V  Land Used for Construction

Article 24

The use of land for construction shall comply with the city plan and be confined to the existing land for construction use defined in the overall land use plan. Where there is a proven need to use agricultural use land, the following requirements shall be met:

1. It shall be confined within the limit of allocated section of construction use land in the central city, towns and villages defined in the overall land use plan, except for those infrastructure facilities in the fields of energy, communications and water conservancy and construction projects of military installations;

2. It shall have planned quotas for turn of land of agricultural use into other use in the annual land use plan.

Article 25

The turn of agricultural use land into construction use land shall be examined and approved in accordance with the following regulations:

1. If it is within the limits of allocated section of construction use land in the central city, the municipal and district/county land administrative departments shall formulate schemes for the turn of use of agricultural use land and supplementary arable land schemes in accordance with annual land use plans (where it involves the seizure of land collectively owned by peasants, they shall at the same time formulate land seizure schemes in conjunction with township/town people’s governments), to be submitted in batches and level by level to the State Council for examination and approval.

2. If it is within the limits of allocated section of construction use land in the city, towns and villages, the district/county land administrative departments shall formulate schemes for the turn of use of agricultural use land and supplementary arable land schemes in accordance with annual land use plans (where it involves the seizure of land collectively owned by peasants, they shall at the same time formulate land seizure schemes jointly with township/town people’s governments), to be submitted in batches and level by level to the Municipal People’s Government for examination and approval. If it is outside the authority of the Municipal People’s Government for approving land requisition, it shall be submitted to the State Council for examination and approval.

Article 26

In any one of the following cases, the use of existing construction use land or newly added construction use land approved by the State Council shall be examined by the municipal land administrative departments, which shall prepare land supply schemes to be submitted to the Municipal People’s Government for examination and approval:

1. construction use land in key areas or along major roads in this Municipality as defined by the city plan;

2. construction projects approved by the State Council, its relevant departments, enterprises listed separately in the state plan and the Municipal People’s Government;

3. trans-regional construction projects of districts/counties; or

4. other construction use land that needs to be approved by the Municipal People’s Government.

Except for those cases provided in the preceding clause, the use of existing construction use land or newly added construction use land approved by the State Council shall be examined by the district/county land administrative departments, which shall prepare land supply schemes to be submitted to the district/county people’s governments for examination and approval, and be filed with the municipal land administrative departments for the record.

Article 27

The occupation of unutilized land for construction shall be examined by the municipal land administrative departments, which shall prepare land supply schemes to be submitted to the Municipal People’s Government for examination and approval; but the use of land for such construction projects as key state construction projects and military installations shall be submitted to the State Council for examination and approval.

Article 28

If agricultural use land outside the limits of allocated section of construction use land in the central city, towns and villages is to be used for construction purposes, the municipal land administrative departments shall organize district/county land administrative departments in preparing turn of use of agricultural use land schemes, supplementary arable land schemes and land supply schemes (where it involves the seizure of land collectively owned by peasants, they shall at the same time prepare land seizure schemes jointly with the township/town people’s governments), to be submitted to the Municipal People’s Government for examination and approval. Among these the large-scale infrastructure construction projects approved by the State Council, its relevant departments, enterprises listed separately in the State plan and the Municipal People’s Government, construction projects of military installations and projects that exceed the scope of authority of the Municipal People’s Government for approving land seizure shall be submitted to the State Council for examination and approval.

Article 29

When conducting feasibility studies for construction projects, the construction unit shall submit to the municipal or district/county land administrative departments pre-applications for land use for construction.

Within 15 days from the date of accepting the pre-application for land use for construction, the municipal or district/county land administrative departments shall examine matters related to the use of land for construction projects in the light of the overall land use plan and the annual land use plans and submit a preliminary examination report.

When the feasibility study on the construction projects is submitted for approval, the preliminary examination report on the use of land for construction projects by the municipal or district/county land administrative departments shall be attached.

Article 30

Upon the approval of construction projects, the construction units shall apply to the municipal or district/county land administrative departments for land use for construction by presenting the following documents:

1. official replies to the feasibility studies on the construction projects and related documents;

2. license for plans of land for construction purposes; and

3. other materials that are to be provided in accordance with the provisions of law and administrative regulations.

The municipal or district/county land administrative departments shall prepare land provision schemes within 30 days after the date of accepting the application for land use for construction, and submit them to the departments in accordance with their limits of authority to approve land use for construction for approval.

Article 31

The seizure of land collectively owned by peasants in accordance with the provisions of the Land Administration Law and the Regulations on the Implementation of the Land Administration Law shall be announced by the district/county people’s governments to the public in the township/town where the land to be seized is located. The duration of the public announcement shall be no less than ten days.

The district/county land administrative departments and labor and social security departments shall, jointly with other relevant departments, formulate compensation and resettlement schemes for the land seizure on the basis of the land seizure scheme approved and relevant regulations of the State and this Municipality and announce them to the public in the township/town where the land to be seized is located for comments by the local villagers’ committee or villagers’ groups and villagers. The duration of the public announcement shall be no less than 30 days.

Upon the approval of the district/ county people’s governments, the district/county land administrative departments and labor and social security departments shall separately organize the implementation of the compensation and resettlement schemes for the land seizure in their respective fields.

Article 32

Payments shall be made for the seizure of land collectively owned by peasants in accordance with the following provisions:

1. Land compensation fees shall be paid to the villagers’ committee or villagers’ groups in the locality of the land to be seized;

2. Necessary compensations shall be paid to the owners of the houses, young crops and other fixtures on the land to be seized; and

3. Resettlement subsidies shall be paid to the villagers on the land to be seized.

The expenses of land seizure specified in the preceding clauses shall be paid according to the standards, time limit and mode laid down in the approved compensation and resettlement schemes for the seized land, and no unit or individual person shall retain, seize, or misappropriate such payments. The district/county people’s governments and land, labor and social security departments shall strengthen the supervision of the payment and the use of land seizure funds.

Except for what is provided in the first clause of this Article, the land user units and individual land users of that seized arable land shall put forward and implement arable land reclamation schemes or pay arable land reclamation fees in accordance with the provisions of Article 16 of these Procedures. In case of seizing vegetable plots, the land user units and individual land users shall pay to the municipal or district/county land administrative departments the development and construction fund of the new vegetable plot.

Article 33

With regard to construction projects for which the use of state-owned land is approved, the municipal or district/county people’s governments shall issue letters of approval for land use for construction. If the use of state-owned land is granted in the form of allocation, the municipal or district/county land administrative departments shall issue letters of decisions on the allocation of state-owned land to the land users. Where the compensated use of state-owned land is acquired in the form of transfer or lease, the municipal or district/county land administrative departments shall sign contracts on the compensated use of state-owned land with the land users.

All land user units and individual land users shall pay for the right to use state-owned land in the form of transfer or lease by paying land use right transfer fees, land rents and other fees for compensated use of land, except for those cases where the right to use state-owned land may be acquired in the form of allocation in accordance with the provision of Article 54 of the “Land Administration Law”.

The transfer and lease of the right to use state-owned land shall be conducted in accordance with the provisions of law and regulations.

The right to use state-owned land acquired in the form of allocation shall not be transferred, except for cases where the transfer results from the transfer of real estates in accordance with law or other situations.

Article 34

Rural collective economic organizations that use land collectively owned by peasants for setting up township/town and village enterprises, or join other units and individual persons in setting up joint township/town and village enterprises by using the right to use the land collectively owned by peasants as share contribution, or engaging in joint operations, shall confine themselves within the limits of industrial use land or limits of the central villages designated in the overall land use plan, and perform land use examination and approval formalities in accordance with relevant regulations of these Procedures on land use for construction.

Shares received in exchange for the right to use land collectively owned by peasants shall not be transferred, except in cases where the bankruptcy or merger of the township/town and village enterprises or other situations result in the transfer of shares in accordance with law.

Villagers who use land collectively owned by peasants to set up enterprises or use land collectively owned by peasants other than their own house sites for non-agricultural production or operations shall secure the written approval of the villagers’ committee or villagers’ groups and go through examination and approval formalities for land use in accordance with relevant provisions of these Procedures on land use for construction.

Article 35

The use of land collectively owned by peasants for the construction of township/town and village public facilities and public welfare undertakings shall be examined and verified by the township/town people’s governments, and go through examination and approval formalities for land use in accordance with relevant provisions of these Procedures on land use for construction.

Article 36

The construction of new houses by villagers shall be confined within the area of the central villages or residential areas designated in the overall land use plan. Each household of villagers may only own one house site whose area shall not exceed the standard laid down by the Municipal People’s Government.

Villagers applying for land to be used for housing shall obtain the written opinion of the villagers’ committee or villagers’ groups and go through examination and approval formalities for land use in accordance with relevant provisions of these Procedures on land use for construction, upon the approval and verification of the township/town people’s governments.

Villagers who construct new houses within the area of the central villages or residential areas shall have their original house sites taken back by the villagers’ committee or villagers’ groups in accordance with law. These villagers shall demolish all the houses, structures and other fixtures on their original house sites within a specified time limit and the district/county land administrative departments or township/town people’s governments shall be responsible for the resumption of cultivation and farming.

Article 37

If state-owned construction use land, whose use is compensated, is left idle for more than one year, the municipal or district/county land administrative departments may levy on the land user units and individual land users fees for idle land in accordance with the following provisions:

1. Where the land use right is acquired in the form of transfer, up to 20% of the land use right transfer fees shall be levied as fees for idle land;

2. Where the land use right is acquired in the form of lease, up to one year’s land rent shall be levied as fees for idle land;

3. Where the land use right is acquired in other forms, up to one year’s land compensated use fees shall be levied as fees for idle land.

4. If arable land that is used for construction is left idle for more than one year, idle land fees double the amount specified in the preceding clauses may be levied.

Article 38

If state-owned land for construction use on consideration or arable land used for construction is left idle for more than one year, the land user units and individual land users may deal with it in the following ways:

1. to build temporary greenery land and, where possible, resume farming;

2. to change the purpose of the land and start development after going through relevant formalities in accordance with law;

3. to trade it for other construction use land on consideration for development, subject to the approval of the municipal or district/county people’s governments;

4. to return the land use right and receive due compensations, upon the approval of the municipal or district/county people’s governments; and

5. Other ways prescribed by laws and regulations.

If the land is left idle for more than two years as a result of failure to deal with it in accordance with the provisions of the preceding clause, its land use right may in accordance with law be recalled without compensation, upon the approval of the municipal or district/county people’s governments;

Article 39

The municipal or district/county land administrative departments shall make prior announcements of the recall of land use right in accordance with law. The duration of the announcement shall not be less than 30 days.

The municipal and district/county land administrative departments shall entrust relevant professional units to conduct preliminary development programs on state-owned land whose use right has been recalled in accordance with law and reserve it for future use, and integrate it in the administration of planned quotas of land used for construction of operational projects.

If the land whose use right has been recalled in accordance with law used to be arable land collectively owned by peasants, it shall be returned to the original villagers’ committee or villagers’ groups for resumption of farming.

Article 40

The standards of the arable land reclamation fees, land recultivation fees, new vegetable plot development and construction funds, compensated land use fees, idle land fees, as well as land requisition compensations and resettlement fees, referred to in these Procedures shall be set by the municipal land, agricultural, labor, social security and other relevant departments and, after being examined and verified by the municipal price control and financial departments, be submitted to the Municipal People’s Government for approval.

The arable land reclamation fees, land recultivation fees, new vegetable plot development and construction funds, compensated land use fees and idle land fees collected by the municipal and district/county land administrative departments shall be turned in to the financial departments for separate use and administration. 30% of the compensated land use fees for newly added construction use land shall be turned in to the central finance.

Chapter VI  Legal Liability

Article 41

Those who, in violation of the provision of Article 6 Clause 2 of these Procedures, move without authorization, destroy or damage land boundary markers shall be ordered by the municipal or district/county land administrative departments to make corrections within a specified time limit, and shall cumulatively be subjected to a fine between not less than 100 and not more than1,000 yuan. In serious cases, a fine between not less than1,000 and not more than10,000 yuan shall be imposed.

Article 42

Those who, in violation of Article 15 Clauses 2 and 3 of these Procedures, commit one of the following acts shall be ordered by the municipal or district/county land administrative departments to make corrections within a specified time limit and may cumulatively be subjected to a fine of not more than two times of reclaiming fare of the arable land damaged or occupied;

1. damage the cultivation layer of the soil of arable land when adjusting the structure of agricultural production; or

2. leave arable land idle or in waste, use arable land for the construction of kilns or tombs, or build houses, dig sands, engage in quarrying or mining operation, or excavate earth on arable land without authorization, and dump garbage, residues and other wastes on arable land.

Article 43

Those who, in violation of the provision of Article 33 Clause 4 of these Procedures, illegally transfer state-owned land use right acquired in the form of allocation, shall have their illegal gains confiscated by the municipal or district/county land administrative departments and may cumulatively be subjected to a fine of not more than 50% of the illegal gains.

Article 44

Those who, in violation of the provision of Article 34 Clause 2 of these Procedures, illegally transfer the shares they receive in exchange for the right to use land collectively owned by peasants shall be ordered by the municipal or district/county land administrative departments to make corrections within a specified time limit, have their illegal gains confiscated and cumulatively be subjected to a fine between not less than 5% and not more than 20% of their illegal gains.

Article 45

Those who, in violation of the provision of Article 32 Clause2, divert, misappropriate or embezzle land requisition funds shall by law be ordered to return them and at the same time subjected to administrative penalties by their own units or competent departments above them. Those who commit crimes shall be prosecuted in accordance with the criminal law.

Article 46

Land user units or individual users that make compensated use of land in the form of transfer and lease, but fail to pay the full amount of compensated land use fees on schedule shall be ordered to make their payments within a specified time limit and subjected to overdue fine amounting to 0.3% of the payments delayed per day. Those who delay their payment of the full amount of the compensated land use fees for more than one year may have their land use right recalled in accordance with law.

Article 47

Officials of the municipal or district/county land administrative departments directly in charge and other responsible personnel who neglect their duties, abuse their powers or play favoritism and commit irregularities shall in accordance with law be subjected to administrative penalties by their own units or competent departments above them. Those whose wrongful acts constitute a crime shall be prosecuted in accordance with law.

Article 48

If the parties concerned refuse to accept specific administrative acts by the municipal or district/county land administrative departments, they may apply for administrative reconsideration or file administrative actions in accordance with the provisions of the Law of the People’s Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People’s Republic of China.

If the parties concerned fail to apply for reconsideration of specific administrative acts within the specified time limit, nor file actions, nor perform such acts, the municipal or district/county land administrative departments that make the specific administrative acts may apply to the people’s courts for enforcement.

Chapter VII  Supplementary Provisions

Article 49

The terms used in these Procedures shall have the following meanings:

1. The limits of the allocated section of construction use land in the central city refers to the area inside the Outer Ring Road of this Municipality defined in the overall land use plan;

2. The limits of the allocated section of construction use land in towns and villages refer to new city areas, central towns, market towns, central villages, areas of industrial use land, and other areas outside the Outer Ring Road of this Municipality defined in the overall land use plan.

Article 50

These Procedures shall be effective as of 1 January 2001.