Laws of the People's Republic of China

All provinces, autonomous regions, municipalities, Xinjiang Production and Construction Corps, Departments(Bureaus)of Land Resources, Departments(Bureaus) of Agriculture, National Development and Reform Commission, Departments(Bureaus) of Finances, Departments(Bureaus) of Construction, Departments(Bureaus) of Water Resources, Departments(Bureaus) of Forestry:

Whereas the basic farmland serves as the fundamental basis of grain production, the protection of basic farmland is of top priority to the protection of arable land and of profound significance to guarantee the safety of national grain production, to maintain social stability and promote the all-around, coordinated and sustainable development. Therefore, the Central Committee of the Communist Party of China and the State Council have been attaching great importance to the protection of farmland, requiring particularly that great efforts should be made to prevent the total amount of basic farmland from decreasing, its usage from being altered and its quality from degrading. In order to implement Opinions on Policies of the Central Committee of the Communist Party of China and the State Council concerning Further Doing Well the Work in Rural Area and Promoting Agricultural Comprehensive Production ( Zhong Fa [2005] No.1) and Decision of the State Council on Deepening Reform and Strengthening the Regulation of Land Control (Guo Fa [2004] No. 28) and put into practice the protection of basic farmland, the opinions are hereby given as follows: I. To strictly formulate and implemented the program to prevent the current amount of farmland from decreasing

In the process of formulating and implementing the overall program of land utilization as well as that in respect of land utilization, the protection of farmland, in particular basic farmland shall be taken as an important principle. Any unit or individual shall not unlawfully alter or expropriate the basic farmland protection zone delimited in accordance with the total program of land utilization. It shall be forbidden to alter the location of basic farmland and to adjust the basic farmland around the towns and along the communication line to other areas by means of modifying the overall county or town-level program of land use without authorization. The various types of land for non-agricultural construction shall be strictly limited to the construction area as designated in the overall program for land utilization and the whole urban program; the site and line of single project shall not be selected in the basic farmland as much as possible. The layout of land for agricultural use shall accord with the overall program for land use. The basic amount and the layout of land for agricultural use shall not be adjusted in the name of agricultural restructuring. The alteration or adjustment in relation to the overall layout program of basic farmland shall be submitted to the State Council or the provincial people's government for examination and approval.

Grain for Green program shall be carried out in accordance with the Ordinance of Returning Cultivated Land to Original Forest. Such farmland in the basic farmland protection zone as enjoys sound farming condition and will not cause serious water and soil erosion shall not be brought into the scope of returning farmland to forest. The target of basic farmland protection determined in the overall program of land use shall be put into practice. Where some regions fail to implement the program completely due to a large amount of slope farmland that needs to be returned to forest, the program shall be strictly implemented in the early period of the overall program for land use and adjustment and makeup program shall be studied and raised. The additional land shall be designated in accordance with the target set in the overall program after the makeup program has been approved by the State Council.

The revision of the overall program for farmland use shall give priority to strict farmland protection, especially basic farmland, so as to ensure that the total amount of farmland does not decrease. The scale of land for construction shall not be enlarged arbitrarily and the target for protection of basic farmland shall not be reduced by taking advantage of the total program of land utilization. Where the rate of slope of basic farmland is more than 25 degree and the farmland suffers from serious desertification and water and soil loss so that it needs to be returned to forest, it may be adjusted as a whole in the whole program of land use. where the rate of slope of the farmland is less than 25 degree or the farmland below the farming-cultivation degree set by provincial people's government, the process of returning to forest for such farmland shall be strictly controlled; in case such farmland does need to be returned to forest in accordance with the grain for green program and sand prevention and control program approved by the national government, it shall be carried out by means of adjusting layout. As regards the flat slope and the sound-cultivated basic farmland that needs to be returned to farmland, the basic farmland occupied for the construction of green channel beyond the prescribed scope as well as those illegally occupied for the construction of non-agricultural project, they shall be not reduced by the revision of overall program of land utilization. II. To strengthen the examination of land for non-agricultural use and prohibit the occupation of basic farmland unlawfully

The relevant provisions relating to the Land Administration Law and Regulations on the Ordinance on the Protection of Basic Farmland shall be strictly implemented. Other non-agricultural construction projects shall, except for the key construction items such as national energy, communication, water conservancy and military installations, not occupy basic farmland; where the non-agricultural construction items needs occupying basic farmland accord with law, the transfer of farmland and land collection shall be submitted to the State Council for approval subject to legal procedures.

The examination concerning the occupation and use of basic farmland shall be strengthened. The basic farmland occupied by construction projects beyond the prescription of law and various non-agricultural project by adjusting the overall program for land utilization in violation of law and the relevant provisions shall not be submitted for approval. Such interim projects as may bring about perpetual damage to the plow layer of basic farmland shall not be approved. The approval hearing and announcement system for the occupation of basic farmland shall be implemented strictly, and the social supervision upon basic farmland shall be strengthened. Where the basic farmland is occupied with the approval under law or by means of adjustment program through legal procedures, the compensation for land expropriation shall be implemented in accordance with the legal maximum standard; where the farmland is compensated by means of paying land farming fee, the paying standard shall be implemented in accordance with the local maximum standard.

The additional farmland designation shall be standardized. Where a non-agricultural project really needs to occupy basic farmland in accordance with law, the additional farmland shall be designated before it is submitted to the upper authority for approval. The provincial land and resources authorities and agricultural authorities shall examine the additionally designated farmland to ensure its detailed implementation, the balance between the quantity and quality of farmland and to prevent from compensating inferior farmland for superior one. The plow layer shall, before the farmland is expropriated, be peeled off to be used in newly-plowed farmland or for the soil improvement of other farmland, and the requirement of water and soil preservation shall be implemented. III. The supervision and administration upon basic farmland shall be strengthened and the usage of basic farmland shall not be altered without authorization.

The Urgent Notice of the State Council on Prohibiting Such Acts as the Occupation of Basic Farmland to Plant Trees (Guo Fa Ming Dian [2004] No.1, hereinafter referred to Urgent Notice) shall be implemented to protect the basic farmland in accordance with ˇ°Five Forbiddenˇ± (First, it is forbidden to occupy basic farmland to plant trees, develop forest and fruit industry and cross plantation of grain and forest as well as to build the net of farmland and forest. Second, it is forbidden to dig pond to raise fish, building the constructions which may cause serious damage to plow layer beyond the standard in basic farmland in the name of agricultural restructuring. Third, it is forbidden to expropriate basic farmland unlawfully to undertake the construction of green channel and urban green belt. Fourth, it is forbidden to violate the overall program of land use in name of returning farmland to forest to bring basic farmland into the farming returning scope. Fifth, the non-agricultural projects are forbidden, except key national projects as prescribed by law, to occupy basic farmland.) to ensure the basic usage of farmland from changing. The construction of green belt shall not exceed the scope as prescribed by the Urgent Notice. The agricultural restructuring of basic farmland shall be undertaken within the scope of farming. Any unit or individual shall not sign contracts concerning forestation in the farmland; not dig pond to raise fish and undertake animal and poultry raising as well as other production and operating activities which may destroy the plow layer. Where the agricultural restructuring has been carried out on basic farmland, it shall still be protected in accordance with the requirement for basic farmland; where the plow layer and farmland infrastructure has been damaged, it shall be recovered within the limited period to ensure that the quantity and quality of farmland do not reduce because of agricultural restructuring.

Law enforcement shall be strengthened concerning such acts as gaining the approval by cheating, occupying and destroying basic farmland in violation of law. As for such acts as disobeying orders and defying prohibitions, they shall be firmly prohibited and ordered to be rectified. Where the circumstances are serious, the doer shall be severely punished and held to assume liabilities on the merit of the seriousness of the case in accordance with the relevant provisions of Land Administration Law and Regulations on the Protection of Basic Farmland; and it a crime is constituted, he shall be subject to criminal liabilities IV. To strengthen the construction of basic farmland and to improve its quality

The basic farmland rectification shall be vigorously carried out. The land rectification items invested by all levels of government shall favor to protect basic farmland, especially the protection zone of basic farmland in the national grain production area (county) and commodity gain base, to implement the land rectification of basic farmland. The farmland newly rectified and added in the basic farmland shall be designated as basic farmland. In ecologically vulnerable areas, the rectification upon flat and slope farmland shall, in the process of returning slope farmland and seriously desertificated farmland to forest, be strengthened, and the construction and rectification upon slope-converted terraces, warp land dam and somewhat desertificated farmland shall also be strengthened to ensure adequate basic fields for growing grain rations.

Greater efforts shall be made to improve the quality of basic farmland. Various effective measures shall be taken to improve the output of farmland, to extend green manure and returning-straw-to-fertilizer technology, to give more support to the usage of organic fertilizer so as to nurture the farmland; popularize the employment of such technologies as application formula fertilization, protective farming, farmland fertilization, restoration of retreated farmland, improvement of fertilization of basic farmland. We shall increase the input in the water conservancy construction in the basic farmland protection zone, renovate and match the drainage facility of irrigation works, increase the effective irrigation area of basic farmland.

The concentrated input system for the construction of basic farmland shall be established. The public finance shall strengthen its support upon the construction of basic farmland protection zone in the main grain production area (county) and main agricultural production base. The funds used for the construction of water conservancy works, agricultural comprehensive development, land development and rectification, farmland quality construction, the construction of farmland and forest shall favor the protection zone of basic farmland; supportive measures shall be established to encourage the farmers to contribute their fund and labor voluntarily, to establish high-standard basic farmland and to improve the production capability hereof. V. To carry out dynamic monitoring and circulate circular about the changing situation of basic farmland

The fundamental protection for basic farmland shall be perfected. The basic farmland achieves of four levels of authorities such as provincial(borough/city), city(prefecture), county(city/section) and town shall have complete charts, pictures and data, which are available for examination and shall serve as the evidence for supervising, examining, auditing, designating and altering basic farmland. The information management system for basic farmland shall be established by combing land alteration investigation to precisely master and analyze the utilization and variation of basic farmland. The grade of farmland fertility, soil fertility and environmental dynamic monitoring, as well as farmland fertility investigation and quality evaluation shall be organized to be carried out. Accordingly, the quality achieve of basic farmland shall be established by combining with farmland fertility survey and quality evaluation.

The dynamic supervision upon basic farmland shall be strengthened. The supervision network of basic farmland at five levels of authorities such as provincial(borough/city), city(prefecture) county(city/section) , town and administrative village shall be established to carry out dynamic inspection; dynamic supervision and information management system of basic farmland shall be carried out by employing satellite remote sensing, to undertake regular supervision upon basic farmland protection zone, in particular the concentrated basic farmland, that enjoying good quality and high yield ,that around cities and towns, that along the communication line so as to discover, rectify, investigate and prosecute such acts as occupation of the basic farmland illegally. The farmland dynamic supervision system shall be perfected to master the variance of farmland quality, and to issue quality supervision information. All levels of government shall, in accordance with the result of dynamic supervision, summarize the protection of farmland and submit it to the higher authority. VI. To explore new mechanism and implement the responsibility of basic farmland protection

The responsibility system of basic farmland protection shall be established in accordance with Ordinance on the Protection of Basic Farmland. The farmland and basic farmland protection shall serve as the content of objective evaluation for the government leader during its term. The responsibility document shall be signed to clarify the farmland preservation amount, protection area of basic farmland, and quality reasonability determined by all levels of governments upon the overall program of land utilization. The objective evaluation will be carried out regularly and the rewards and punishment measures will be fulfilled. The authorities of Land and Resources and Agriculture as well as the relevant authorities shall, in accordance with their respective responsibility, strictly fulfill the tasks related to the protection of basic farmland and try to mobilize the enthusiasm of the whole society. The responsibility document concerning basic farmland protection shall be signed by the administrative village as a unit with the township government, which shall be carried out by the contracted farmer household by means of marking in the land certificate and the certificate for land contracted management rights to ensure the area, location and quality of basic farmland, and to clarify the responsibility, rights and obligation of contracted farmer household.

The economic incentive system for the protection of farmland shall be explored and established. The agricultural subsidies of the national government and local governments shall favor the regions where the task to protect farmland is heavy; the land development and rectification items invested by the national government and other items supporting agriculture shall favor the regions where striking achievements have been made. The fundamental task concerning the protection of farmland, dynamic supervision, construction of information system and maintenance fee shall, in accordance with the relevant provisions, be arranged as a whole by the same level financial sectors in the annual departmental budget. The advanced units and individuals for basic farmland protection shall be praised and rewarded. Ministry of Land and Resources Ministry of Agriculture National Development and Reform Commission Ministry of Finance Ministry of Construction Ministry of Water Resources State Forestry Bureau September 28, 2005