Laws of the People's Republic of China

Circular of the Ministry of Land and Resources and the National Development and Reform Commission on Promulgating and Implementing the Catalogue of Restricted Uses of Land (2006 Version) and Catalogue of Prohibited Uses of Land (2006 Version)

Guo Tu Zi Fa [2006] No. 296

Land resources departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan and Xinjiang Production and Construction Corps, National Development and Reform Commission, the State Economy & Trade Commission:

For the purpose of carrying out the Decision of the State Council on Furthering the Reform and Rigidly Intensifying the Land Administration (Guo Fa [2004] No. 28) and

Decision of the State Council on Promulgating the "Interim Provisions on Promoting Industrial Structure Adjustment" for Implementation (Guo Fa [2005] No. 40) and further strengthening macro control, promoting the economical and intensive utilization of land and adjustment of industrial structure, the Ministry of Land and Resources and the National Development and Reform Commission, in accordance with the Guiding Catalogue for the Adjustment of Industrial Structure (2005 version) (Decree No. 40 of the National Development and Reform Commission) as well as relevant industrial policies and land supply policies of the State formulated the Catalogue of Restricted Uses of Land (2006 Version) and Catalogue of Prohibited Uses of Land (2006 Version) (hereafter referred to as "Restricted Catalogue" and "Prohibited Catalogue") and hereby print and distribute them to you all. You are required to carry them out carefully and deliberately.

1.

The provisions in the present Circular shall apply to new construction, extended construction and reconstruction projects.

2.

As for construction projects listed in categories 1-10 of the Restricted Catalogue or construction projects using the technology and equipment listed in categories 1-10 of Restricted Catalogue, neither any level of land and resources administrative departments nor investment administrative departments shall handle relevant formalities; As for construction projects listed in categories 11-14 of Restricted Catalogue, conditions provided in the Catalogue shall be satisfied before all levels of land and resources administrative departments and investment administrative departments may be entitled to handle relevant formalities.

3.

As for construction projects listed in Prohibited Catalogue or construction projects using the technology and equipment listed in Prohibited Catalogue, neither any level of land and resources administrative departments nor investment administrative departments shall ever handle related formalities.

4.

In accordance with the Guiding Catalogue for the Adjustment of Industrial Structure approved by the State Council, in case of any construction project adopting backward technology and equipment that are eliminated by official order or that producing products that are eliminated by official order, neither any level of land and resources administrative departments nor investment administrative departments shall ever handle relevant formalities.

5.

Where the provisions of the present Circular are violated to handle relevant formalities, responsibilities of related departments and individuals shall be investigated in accordance with the law.

6.

Local authorities may, on the condition of complying with the Restricted Catalogue and Prohibited Catalogue, formulate their local Restricted Catalogue and Prohibited Catalogue in conformity with the reality thereof.

7.

The Ministry of Land and Resources and National Development and Reform Commission shall, in accordance with the need of the macro control and on the basis of the Guiding Catalogue for the Adjustment of Industrial Structure as well as relevant industrial policies and land supply policies of the State, revise the Restricted Catalogue and Prohibited Catalogue in due time. Problems encountered in the course of the implementation of the Restricted Catalogue and Prohibited Catalogue shall be deliberated and handled by the Ministry of Land and Resources and National Development and Reform Commission.

8.

The present Circular shall come into force as of the day of promulgation. The Circular of the Ministry of Land and Resources and State Economy & Trade Commission on promulgating and implementing Catalogue of Restricted Supply of Land and Catalogue of Prohibited Supply of Land (the first group)(Guo Tu Zi Fa [1999] No. 357) promulgated by Ministry of Land and Resources and the former State Economy & Trade Commission shall be abolished simultaneously.

Ministry of Land and Resources of the People's Republic of China

National Development and Reform Commission of the People's Republic of China

December 12, 2006