Laws of the People's Republic of China

CHAPTER I GENERAL PROVISIONS CHAPTER II LAND OWNERSHIP AND LAND-USE-RIGHT CHAPTER III USE AND PROTECTION OF LAND CHAPTER IV PAID-USE OF LAND CHAPTER V LAND USED FOR CONSTRUCTION CHAPTER VI LEGAL LIABILITY CHAPTER VII SUPPLEMENTARY PROVISIONS

   Article 1 The present Procedures are formulated in accordance with the Land Administration Law of the People's Republic of China and the relevant laws, rules and regulations, and in the light of the actual situations in Shanghai.

   Article 2 Land within the administrative areas of Shanghai Municipality is legally owned either by the State or by the collective of laboring masses.

No unit or individual is permitted to encroach upon, transact or transfer land in any other illegal ways.

To meet the needs of social public interests, the State may, according to the laws, requisition collectively-owned land, allocate or grant state-owned land-use-right, and may also withdraw the land-use-right according to the laws.

   Article 3 The people's governments at all levels in Shanghai Municipality shall carry out the policy of setting a high value on and making rational use of land; and shall, according to the city planning and land-use planning, rigorously control, protect and develop the land resources; and shall strictly minimize the occupation of vegetable plots and restrain any actions of arbitrarily occupying the arable land and abusing land.

   Article 4 Any unit or individual that has made outstanding achievements in protecting and developing the land resources, making rational use of land, and conducting relevant scientific researches shall be awarded by the Municipal or District/County People's Government.

   Article 5 The Land Administrative Authorities of Shanghai Municipal People's Government (hereinafter referred to as the "Municipal Land Administrative Authorities") is responsible for the centralized administration of the land of the whole city and may set up agencies in charge of land administration within the designated area.

The Land Administrative Authorities of the District or County People's Government (hereinafter referred to as the "District or County Land Administrative Authorities") is responsible for the land administration within its administrative areas, and is under the leadership of the Municipal Land Administrative Authorities, and may set up agencies when necessary.

The Township (Town) People's Government is responsible for the land administration within its administrative areas; the daily routine is handled by the Land Administration Office. The township (town) land management is under the leadership of the District/County Land Administrative Authorities.

CHAPTER II LAND OWNERSHIP AND LAND-USE-RIGHT

   Article 6 In Shanghai, the land listed below is owned by the State:

1. Land within the urban areas, officially established towns, industrial and mining areas except the collectively-owned land that has not yet been requisitioned by the State;

2. Land of state-owned agricultural farms, tree farms, pastures, fishing grounds and the state-owned mountainous regions;

3. Shoals by the sea or rivers;

4. Land legally requisitioned, purchased, confiscated or nationalized; and

5. Other land that the State has not yet defined as collectively owned.

   Article 7 In Shanghai, the land listed below is owned by the collectives:

1. Land used by rural collective economic entities, land used by peasants for residence, for personal needs and for planting bamboo, except the land already requisitioned by the State; and

2. Other land legally owned by the collectives.

   Article 8 The owner of the collectively-owned land and the user of the state or collectively-owned land shall apply to the Municipal or District/County Land Administrative Authorities for the land registration.

   Article 9 The Municipal or District/County Land Administrative Authorities shall examine and verify the ownership, the acreage and the use of the land to be registered; report to the people's government at the same level; and after the report being approved. keep the register on file; affirm the ownership of the collectively-owned land and the use-right of the state-owned or collectively-owned land; and issue the land certificate.

   Article 10 If the ownership of the collectively-owned land, the use- right of the state-owned or the collectively-owned land or the use of land is going to be changed, an application for the above-mentioned changes must be submitted to the Municipal or District/County Land Administrative Authorities; and such changes must be registered upon the approval of the people's government at the same level.

   Article 11 If an error is made in the land registration or in the registration for land change, such an error must be corrected by the Land Administrative Authorities according to law.

If the land registration or the registration for the land change is not made within the prescribed period, the land ownership or the land-use- right shall not be protected by the laws.

   Article 12 The Municipal or District/County Land Administration Authorities shall survey the land, define its boundary and lay boundary markers after a unit or an individual has obtained the legitimate use- right to the land.

Any unit or individual shall be restrained from unauthorized move of or damage to the land boundary markers.

   Article 13 Dispute over land ownership or land-use-right between the units shall be handled by the Municipal or District/County People's Government in the locality where the land lies.

Dispute over the land-use-right between the individuals or between the individual and the unit shall be handled by the Township (Town) People's government or the District/County People's Government in the locality where the land lies.

The party concerned who does not accept the decision thus given may bring a suit in a people's court within thirty days from the date of receiving the decision notification.

Before a dispute over the land ownership or the land-use-right is solved, neither party shall change the existing conditions of the land or damage the attachments on the land.

If a dispute over the land ownership or the land-use-right arises, and re-affirmation of the ownership or the use-right is thus required, the Municipal or District/County People's Government has the authority to affirm the ownership and use-right, ratify and issue the land certificate.

CHAPTER III USE AND PROTECTION OF LAND

   Article 14 The Municipal or District/County Land Administrative Authorities shall, according to law, set up a system of land investigation and statistics; and shall keep a file on land registration.

The Municipal or District/County Land Administrative Authorities, together with the statistical department, shall, according to law, conduct the land statistics. The owner and user of the land shall provide the statistical data. They must not make false, deceitful or delayed reports. They must not refuse to report. No fabrication or distortion is allowed.

   Article 15 The Municipal or District/County Land Administrative Authorities shall follow the principle of protecting the arable land and rationally arranging the land for non-agricultural construction; and, together with the relevant departments, draw up an overall plan for the use of the land. The plan, after being examined and approved by the people's government at the same level, shall be reported to the next higher people's government for ratification before the implementation.

The Township (Town) People's Government shall draw up an overall plan for the use of the land within its administrative area. The plan shall be reported to the District or County People's Government for ratification before the implementation.

The amendments to the approved overall plan for the use of the land must be re-approved by the original authorities.

   Article 16 The overall plan for the use of the land in Shanghai must be compatible with the overall city planning.

In downtown areas, suburban areas, planned areas for officially- established towns and controlled areas for city construction development, the use of the land must conform to the overall city plan.

   Article 17 The Municipal or District/County Land Administrative Authorities shall, together with the departments concerned formulate procedures for protecting arable land.

The farm-land reservation areas and vegetable reservation areas, landscapes and forests must be put under strict controls. Arbitrary change of their original use is prohibited.

Land in the natural reservations, scenic spots, water resource reservations, military facility protection sites, cultural relics protection units and dikes, which is approved by the State Council or the Municipal People's Government, must be put under priority protection according to law.

   Article 18 The people's government at all levels in Shanghai shall develop, use and protect the land resources systematically in accordance with the overall plan for land utilization and the overall city plan.

The development and management of shoals shall be in line with the State and the Municipal laws and regulations concerning the administration of shoals.

The Municipal or District/County Land Authorities and the Township (Town) People's Government shall arrange for reclaiming land from those vacated land for residence, shed and hut sites, land for temporary use, disused ditches and creeks, waste land and so on.

   Article 19 Without approval, it is forbidden to dump waste materials like rubbish and residue onto the arable land. The act of destroying land resources, such as building tombs on the arable land, mining, excavating sand or digging fishponds, is prohibited.

   Article 20 If one of the following listed cases occurs in the use of the state-owned or collectively-owned land, the Land Administrative Authorities shall report the case to the Municipal or District/County People's government, and after receiving the approval, the Land Administrative Authorities shall revoke the land-use certificate:

1. The land-use unit is disbanded or is relocated;

2. The land has not been used for two consecutive years without the approval of the original authorities;

3. The land is not used for the approved purpose; and

4. Roads, railways, airports and mines have been verified and approved as disused.

   Article 21 A system of paid-use of land shall be exercised over the state-owned and the collectively-owned land used for non-agricultural construction land in Shanghai. The paid-use of land includes the following forms:

1. Granting of the land-use-right of the state-owned land;

2. Charging the user of the state-owned and collectively-owned land used for non-agricultural construction the land-use fee stipulated by the State or the Municipality; and

3. Other forms stipulated by the relevant laws and regulations.

   Article 22 The granting of the land-use-right refers to the act that the Municipal or County People's Government or the Pudong New Area Administration legally grants the right to use the state-owned land within a fixed number of years to the land user, and the land user shall pay the granting fee for the land-use-right to the State.

The collectively-owned land must be first requisitioned to be turned into the state-owned land before it may be granted.

   Article 23 When the land-use-right is granted, a granting contract shall be signed. The contract shall have the terms that conform to the provisions of the Municipal Land Administrative Authorities.

The contract of granting the land-use-right shall be singed between the Municipal, the County or Pudong New Area Land Administrative Authorities and the land user.

The approval competence of granting the land-use-right of the Municipality, the County or Pudong New Area shall be governed by the provisions in the present Procedures concerning the approval competence of land for construction.

The construction on the granted land plots shall accord with the overall city plan or the township (town) construction program.

If any stipulation in this Article is violated, the contract of granting the land-use-right becomes invalid.

   Article 24 The Municipal Land Administrative Authorities shall, together with the departments concerned, formulate a plan for granting the land- use-right in Shanghai and bring it in line with the annual project of land for construction.

The granting of the land-use-right shall be in strict conformity with the project issued by the municipal competent department.

   Article 25 Corporations, enterprises, other organizations and individuals inside or outside the territory of the People's Republic of China, unless otherwise stipulated by the laws and regulations, may get the land-use-right in Shanghai according to the present Procedures in the form of granting. They may develop, make use of and operate the land plots thus granted. The land-use-right, within the fixed number of granted years, may be legally transferred, leased, mortgaged or used for any business activities permitted by the laws. The legal rights and interests shall be protected by the laws.

   Article 26 Land used for commerce, tourism, entertainment, finance, service industry and commercial residence shall be obtained in the form of granting of the land-use-right.

The granting of the land-use-right may be effected through negotiation, public bidding and auction. The granting of the land-use-right for commercial projects shall be effected through public bidding and auction. The specific limits shall be set by the Municipal People's Government.

   Article 27 The maximum time limit for the granting of the land-use-right shall follow the provisions listed below:

1. Land used for residence, seventy years;

2. Land used for industry, fifty years;

3. Land used for education, science and technology, culture, public health and sports, fifty years;

4. Land used for commerce, tourism and entertainment, forty years; or

5. Land used for comprehensive projects and other purposes, fifty years.

   Article 28 The government department in charge of the real estate registration shall be responsible for the registration of grant, transfer, lease, mortgage and termination of the land-use-right. The registration document is open for consultation.

   Article 29 Within the limited years of the use of the land, if the user wants to change the terms stipulated in the land-use-right granting contract, the user shall submit an application to the land authorities. Upon approval, the contract for grant shall be resigned according to the stipulations; the land-use-right granting fee shall be adjusted and the change be registered.

   Article 30 The Municipality shall establish an evaluation system for the land assets in Shanghai. The evaluation of the land assets shall be made by the qualified agency.

   Article 31 If the transfer price of the land-use-right is obviously lower than the market price, the Municipal People's Government shall have the preemption.

   Article 32 When the land-use-right granting contract expires, the State shall gratuitously take back the land-use-right as well as the ownership of the buildings on the granted land plot and other attachments. If a renewal is needed, the land user shall submit an application six months before the expiration. Upon the approval from the Municipal People's Government, and according to the regulations, a new contract shall be signed, the granting fee be paid and registration be made.

   Article 33 The State shall not take back the land-use-right that user has legally got before the due date. Under the special circumstances, as required by the social public interests, the State may take back the user's land-use-right before the due date through the legal procedures. In this case, the State shall give the user proper compensation according to the years that the land has been used and the actual conditions of the development and the use of the land.

   Article 34 If the grantor fails to provide the land-use-right according the contract or if the grantee fails to pay the total granting fee for the land-use-right before the designated date stipulated in the contract, the other party may propose to rescind the contract and may claim for default compensation.

   Article 35 If a land user wants to transfer, lease or mortgage the land- use-right that has not been obtained in the form of granting, he/she shall first get the approval from the Land Administrative Authorities, sign a granting contract for the land-use-right, and pay retroactively the granting fee for the land-use-right, or alternatively pay the granting fee with the proceeds derived from the transfer, lease or mortgage.

   Article 36 When the land-use-right is granted, the grantor shall properly resettle and compensate the units and individuals to be relocated.

   Article 37 The Municipal Land Administrative Authorities shall, according to law, exercise macro control over, supervise and inspect the plans, uses and prices in the granting of land-use-right; and the receipt and expenditures of the granting fees in line with the project in Shanghai.

The Municipal or County/County Land Administrative Authorities shall, according to law, supervise and inspect the transfer, lease and mortgage of the land-use-right.

CHAPTER V LAND USED FOR CONSTRUCTION

   Article 38 The economic, cultural and national defense constructions conducted by the State and the social public utilities initiated by the State shall rationally use the land according to the city planning. With the approval of the Municipal or County/County People's Government, the State may, according to law, requisition the collectively-owned land for these projects.

The township and village construction projects shall carry out the approved township and village construction plan. With the approval from the Municipal or County/County People's Government, the Township (Town) may legally requisition or use the collectively-owned land.

Every unit or individual shall be in obedience to the legal requisition of the collectively-owned land and the allocation of the state-owned land.

   Article 39 If the state construction projects need to use the land, and if these projects have been placed into the Municipal fixed assets investment plan or have been approved by the competent department, the responsible unit for the constructions shall, with the feasible study report approved through the state construction procedures or other approval documents, submit to the Municipal or District/County Land Administrative Authorities a land-use application that shall be approved by the Municipal or County/County People's Government.

If the central government departments, Shanghai based other provincial and municipal units and Shanghai-based armed forces have construction projects in Shanghai, and if these projects need to use the land, they must first have the projects placed into the Municipal planning, then submit an application for land-use.

   Article 40 If a joint enterprise run by the rural collective economic entities and other economic entities needs to use the land, the joint enterprise must submit to the Municipal or County/County Land Administrative Authorities a land-use application, and the application shall be approved by the Municipal or County/County People's Government. If the joint enterprise uses the collectively-owned land inside the planned urbanized areas, the joint enterprise shall have the land requisitioned. If the joint enterprise uses the collectively-owned land outside the planned urbanized areas, the joint enterprise may either have the land requisitioned, or the rural collective economic entity may, according to the agreement with the other party, use the land-use- right as the condition for organizing the joint enterprise, or may have the land-use-right evaluated and then convert it into shares of the joint enterprise.

When the collectively-owned land-use-right is converted into shares, it shall be evaluated by the land evaluation department, and shall be reported to the people's government above the county level for approval. The shares converted from the collectively-owned land shall not be transferred.

If the collectively-owned land is used for real estate development, the land shall be requisitioned first.

   Article 41 A quantitative control shall be exercised over the land used for construction in Shanghai. The plan for the land used for construction shall enter the national economic and social development plan.

The Municipal People's Government shall strictly carry out the annual plan for the land used for construction. When the Municipal People's Government reports on the implementation of the national economic and social development plan to the Municipal People's Congress and its Standing Committee, the implementation of the plan for the land used for construction shall be one of the items.

Land used for the construction in districts or counties shall be strictly controlled according to the allotment issued by the municipal competent department. In case of real need that the allotment has to be exceeded, it shall be reported to the Municipal People's Government for approval before being put into use.

   Article 42 If the requisition of land is over 1000 mu of the arable land or over 2000 mu of the other land, including the land requisition of less than 1000 mu of the arable land together with more than 1000 mu of the other land totaling more than 2000 mu for one construction project, the Municipal People's Government shall report to the State Council for approval.

   Article 43 Land used for the following construction projects shall be approved by the Municipal People's Government:

1. Land used for the construction projects within the planned confines set by the Municipal People's Government, such as important areas, important road sections, vegetable reservations, water resource reservations, cultural relics protection units, scenic areas and landscapes.

2. Land allotted for the construction projects invested by the central government departments, other provinces and cities, armed forces and units directly under the Municipality, and the land allocated to the above-mentioned units as required for construction;

3. Land in other district or county that is needed by the construction projects of a district or county;

4. Land used for the construction projects that the Municipal People's Government considers shall be approved by the Municipal People's Government; or

5. Land beyond the approval competence of the District or County People's Government.

   Article 44 Land used for the construction projects in Pudong New Area, except those stated in Item 1 and item 4, Article 43 of the present Procedures, shall be approved by the Pudong New Area Administration.

   Article 45 The approval competence of land used for the construction projects in districts or counties, except those stated under Article 43 of this present Procedures, is stipulated as follows:

1. The approval competence of the County People's Government is:

1) Requisition or use of less than 50 mu of the arable land;

2) Allocation of less than 50 mu of the state-owned land;

3) Requisition or use of less than 100 mu of the other land; and

4) For one construction project, requisition or use of the arable land, or allocation of the state-owned land of less than 50 mu, simultaneously with requisition or use of less than 100 mu of the other land, totaling less than 100 mu.

2. The approval competence of the District People's Governments of Baoshan, Minhang and Jiading is:

1) Requisition or use of less than 30 mu of the arable land;

2) Allocation of less than 30 mu of the state-owned land;

3) Requisition or use of less than 60 mu of the other land;

4) For one construction project, requisition or use of the arable land or allocation of the state-owned land of less than 30 mu, simultaneously with requisition or use of less than 60 mu of the other land, totaling less than 60 mu; and

5) The approval competence of the Baoshan District People's Government over Changxing Township and Hengsha Township may comply with Item 1 of this Article.

3. The approval competence of the People's Government of the districts other than Baoshan, Minhang and Jiading Districts is:

1) Requisition or use of less than 15 mu of the arable land;

2) Allocation of less than 15 mu of the state-owned land;

3) Requisition or use of less than 30 mu of the other land; and

4) For one construction projects, requisition or use of the arable land or allocation of the state-owned land of less than 15 mu, simultaneously with requisition or use of less than 30 mu of the other land, totaling less than 30 mu.

   Article 46 The Municipal or District/County Land Administrative Authorities shall issue a license to the approved land used for construction. The land-use unit shall use the land according to the limitations, quantities and purposes that have been approved. Within 30 days from the date of completion of the construction project, the land- use unit shall report the case to the Municipal or District/County Land Administrative Authorities who shall issue the land-use certificate after verification and examination that the provisions governing land- use are complied with.

   Article 47 If the collectively-owned land is requisitioned or used, the land-use unit shall bear the compensations for the land, young crops, structures and attachments on and under the land, resettlement subsidies, taxes for occupying the arable land, development and construction fund for the new vegetable fields, the fund for the land reclamation and other fees set by the State and Shanghai Municipality.

For the requisition of the collectively-owned land, the responsibility contract system for the land requisition fees may be adopted.

   Article 48 If the peasant's dwelling house needs to be relocated because of the requisition or use of the collectively owned land, the land for relocation shall be examined and approved according to the stipulated land-use standard while the land for construction project is examined and approved

The unit who uses the land for construction shall properly resettle and compensate the former land user who needs to be relocated and compensated because of the allocation of the state-owned land and the requisition or use of the collectively-owned land.

   Article 49 The Municipal or District/County People's Government shall, according to the principle of "those who use the land are responsible for the resettlement", organize the relevant competent departments together with the unit whose land is requisitioned and the unit who uses the land to resettle, through various channels, the laborers and pensioners who need resettling as required because of the requisition or use of the collectively-owned land. Except for those resettled or employed by the land-use unit, the land-use unit shall pay relocation subsidies according to the stipulated standard.

The peasant household registers of the laborers and pensioners who shall be resettled because of the requisition are all transferred to non- peasant household registers.

The peasant household registers in the collective economic entity that is disbanded because of the requisition may be transferred to non- peasant household registers.

   Article 50 Of all the money collected from various compensation fees and relocation subsidies because of the requisition or use of the collectively-owned land, the compensation fees for the private buildings and attachments and young crops on the requisitioned land shall be paid directly to the particular individual, the rest shall be spent by the unit whose land is requisitioned on production development and subsistence allowance for the remaining peasantry. No unit or individual shall appropriate the money to themselves.

   Article 51 If a unit needs land for temporary use, the unit shall submit an application to the Municipal Land Administrative Authorities of the District or County where the land lies. The unit can only use the land upon approval, and shall appropriately compensate the former land user.

The Maximum time limit for the temporary use of land is two years. The land-use unit can not set up permanent or semi-permanent buildings or structures on the land for temporary use, the land-use unit shall restore the land to its original condition.

   Article 52 If the township residents want to change the acreage of the land in re-building their private houses, they shall submit an application to the District or County Land Administrative Authorities and go through the formalities for the approval of land-use to be in line with the plan.

   Article 53 The District or County land Administrative Authorities shall assign the land-use quota for the rural resident's private housing construction to the Township (Town) People's Government according to the annual plan ratified by the Municipal Land Administrative Authorities.

For private housing construction, the rural residents shall, as much as possible, use the original house-building land and other non-arable land on the principle of overall consideration and all-round arrangement of the construction planning of the township and the village. The use of the arable land shall be strictly controlled, and shall be approved by the District or County People's Government while the use of non-arable land shall be approved by the Township People's Government.

The land-use standard for the rural resident's private housing construction shall follow the administrative procedures of Shanghai Municipality on the rural private housing construction.

   Article 54 If the rural contract household, or individual industrialist and businessman, or private enterprise needs to use the collectively- owned land or the odd pieces of idle state-owned land outside the confines of house-building land for non-agricultural production, it shall first get the approval from the Township (Town) People's Government, then, according to the approval competence provided in the present Procedures, submit the case to the Municipal or District/County People's Government for approval.

The land user shall pay relevant taxes and fees as required on the land approved for use.

   Article 55 With the approval of the Municipal People's Government, collectively-owned land may be pre-requisitioned as required by construction.

If collectively-owned land is pre-requisitioned, the Land Administrative Authorities shall pre-pay the collective economic entity not less than 30 percent of the total land compensation fees for the arable land.

A centralized planning, requisition, development, management, granting, or allocation shall be exercised over the pre-requisitioned land.

The use and cultivation of the pre-requisitioned land shall be continued as it is. No arbitrary change of the purposes is allowed. Lying waste is forbidden.

   Article 56 Any unit or individual who illegally occupies land without approval, or with the approval obtained by means of deception or by exceeding the approved acreage shall be ordered to return the illegally occupied land. Buildings and other installations on the illegally occupied land shall be dismantled within a set period or be confiscated, and a fine shall be inflicted. The responsible person of the unit who illegally occupied the land shall be given administrative discipline by the unit where the person works or by its higher authorities.

If the land is not used according to the approved confines but in shifted location, the part exceeding the confines shall be treated as the illegally occupied land.

   Article 57 Rural residents and township residents with non-peasant household register who illegally occupy land to build dwelling houses without the approval or with the approval obtained by means of deception, or arbitrarily build the dwelling house in shifted location shall be ordered to return the illegally occupied land. The house built on the illegally occupied land shall be dismantled within a set period or be confiscated.

The state employees and township and village officials who illegally occupied the land shall be given administrative punishment by the unit where they work or by its higher authorities in addition to the measures stipulated in the previous Item of this Article.

   Article 58 Illegal earnings from the illegal transfer of the land must be confiscated. Structures and other installations built on the land transferred illegally shall be dismantled within a set period or be confiscated. The party concerned shall pay a fine equal to less than 50 percent of the illegal earnings. Those directly responsible shall be given administrative punishment by the unit where they work or by its higher authorities. Those whose acts constitute a crime shall be prosecuted for their criminal liabilities.

   Article 59 If the requisition or use of the land is approved beyond power, against law or without authorization, the approval document is invalid and the land thus got shall be treated as the land illegally occupied. The person in charge and the relevant responsible persons of the approving unit shall be given administrative punishment by the unit where they work or by higher authorities, and those whose acts constitute a crime shall be prosecuted for their criminal liabilities.

   Article 60 The unit illegally appropriates compensation fees and relocation subsidies paid to the unit whose land has been requisitioned shall be ordered to return, and a fine equal to less than 30 percent of the amount of the money illegally appropriated may be imposed. The person in charge shall be given administrative discipline by the unit where the person works or by its higher authorities. Any individual who illegally appropriated the money shall be punished for embezzlement.

   Article 61 When the land shall be recovered according to the law or if the land for temporary use is not returned at the expiration, the Land Authorities shall revoke the land-use-right with the approval of the Municipal or District/County People's Government. The person who refuses to hand over the land shall be ordered to return the land within a set period and a fine shall be imposed as well.

   Article 62 If the waste materials such as rubbish and residue are dumped onto the arable land without authorization, and if the land resources are destroyed by such acts as building tombs on the arable land, drawing earth, quarrying, mining, excavating sand and digging fishponds without authorization, the violators shall be ordered to restore the land to its original condition within a set period and to pay a fine.

   Article 63 If the land-use unit or individual arbitrarily changes the use of land, the Land Administrative Authorities shall order it to rectify within a set period. If it refuses to correct after the deadline, the Land Administrative Authorities shall withdraw the land-use-right and dismantle or confiscate the structures and other installations built on the land with the approval of the Municipal or District/County People's Government.

   Article 64 If the land-user fails to develop and use the land according to the time limit and conditions stipulated in the land-use-right granting contract, or presumptuously transfer, lease or mortgage the land-use-right in violation of the contract terms and conditions, the Municipal or District/County Land Administrative Authorities shall order it to rectify within a set period, and may give it disciplinary warning, confiscate its illegal earnings, impose a fine on it or even withdraw the land-use-right without compensation.

   Article 65 Those who arbitrarily move or damage land boundary markers shall be ordered to make restoration and to bear the resurveying fee and boundary marker fee, and may be imposed a fine equal to an amount that doubles the resurveying fee.

   Article 66 If the unit or the individual who has received the legal punishment of having the newly-built structures or other installations dismantled within a set period continues the construction, the Authorities who have made the decision of the punishment have the right to seize the building equipment and materials.

If the party concerned does not accept the administrative compulsory measures on the seizure of the building equipment and materials, it may apply for reconsideration or directly bring a suit in a people's court according to the laws.

   Article 67 Any act that violates Item 2, Article 14 in the present Procedures shall be punished according to the Statistics Laws of the People's Republic of China and the Regulations of Shanghai Municipality on the Administration of Statistics.

   Article 68 The administrative punishment stipulated in the present Procedures shall be determined by the District/County Land Administrative Authorities. The administrative punishment for illegal use of the land for the construction of private residence by rural residents may be determined by the Township (Town) People's Government. The Municipal Land Administrative Authorities has the right to directly handle the case involving the land administration in Shanghai and to make decision on punishment.

   Article 69 The fine shall be paid within the prescribed time limit. If the payment is not made after the deadline, an overdue fine equal to 3 percent of the fine shall be paid in addition for each day in arrears.

Fines shall be turned over to the national treasury in time.

   Article 70 If the party concerned does not accept the administrative punishment decision as stipulated in the present Procedures, it may apply for reconsideration to the People's Government at the same level or the competent authorities in charge at a higher level within 15 days from the date of receipt of the notification on punishment decision; if the party is not satisfied with the decision made after the reconsideration, it may bring a suit in the people's court in the locality where the land lies within 15 days from the date of receipt of the decision notification made after the reconsideration. They party may also directly bring a suit in the people's court in the locality where the land lies within 15 days from the date of receipt of the notification on the punishment decision. If the party does not bring a suit in the people's court within the time limit nor does it perform the decision on punishment, the authorities who have made the decision on punishment, may apply to the people's court for compulsory enforcement.

   Article 71 If any person infringes upon the land ownership or land-use- right, the Municipal or District/County Land Administrative Authorities shall order the person to stop the infringement and to compensate for the loss. If the party concerned does not accept the decision, it may bring a suit in the people's court within 30 days from the date of receipt of the decision. The person whose right is infringed upon may also directly bring a suit in the people's court.

   Article 72 In the process of requisition, allocation, and using land, and of changing the land ownership or land-use-right, those who are derelict of duty, offer or take bribes, practise extortion and embezzlement, steal the State and collective property, stir up trouble or obstruct the State or township and village collective construction shall be prosecuted for their criminal liabilities if a crime is committed.

CHAPTER VII SUPPLEMENTARY PROVISIONS

   Article 73 The definition of the following terms used in the present Procedures is:

IMPORTANT AREAS refer to the city center, sub-centers, specialized zones, the main district centers, protection areas of the city style and features, economic and technological development parks, airports, railways and subway stations, water transport stations, the entrances and exits of the Huangpu River tunnels and bridge approaches of the cable bridges, which are prescribed by the city planning.

IMPORTANT ROAD SECTIONS refer to main trunk roads leading to the city, main roads in town centers and commercial streets at the municipal level.

LANDSCAPES refer to public greenery, greenery for special use and planned greenery in this city.

The specific confines of important road sections and landscapes shall be designated by the Municipal People's Government.

   Article 74 The Municipal Land Administrative Authorities shall be responsible for the interpretation of the application of the present Procedures.

   Article 75 The Municipal People's Government shall draw up relevant regulations in accordance with the present Procedures.

   Article 76 These Procedures shall become effective on May 1, 1994. If any relevant provisions that have previously been issued by Shanghai Municipality conflict with the present Procedures, the present Procedures shall apply.