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REGULATIONS ON THE IMPLEMENTATION OF THE LAND ADMINISTRATION LAW

    Article 1  These Regulations are formulated in accordance with the
Land Administration Law of the People's Republic of China(hereinafter
referred to as the Land Administration Law for abbreviation).
Chapter II  Land Ownership and Use Right

    Article 2  The following land belongs to ownership by the entire
people, that is, state ownership:

    (1)land in urban districts of municipalities;

    (2)land in rural areas and suburban districts of municipalities that
have been confisticated, requisitioned or purchased according to law
and turned into state ownership;

    (3)land requisitioned by the state according to law;

    (4)forest land, grassland, barren land, shoals and other land not
under collective ownership according to law;

    (5)land previously under collective ownership by the members of a
rural collective economic organization whose entire membership have
become urban and township residents; and

    (6)land previously under collective ownership by the migrated peasants
but no longer in use after the peasants' collective migration and shifting
due to state-organized migration or natural disasters.

    Article 3  The state practises the system of land registration and
certificate issuance according to law. Land ownership and land use right
registered according to law are protected by law upon which no unit or
individual shall infringe.

    Contents of land registration and format of land ownership certificate
shall be uniformly prescribed by the competent department of land
administration under the State Council.

    Land registration information may be open to inquiry.

    Confirmation of forest land and grassland ownership or use right and
confirmation of use right for breeding and cultivation of water surface and
shoals shall be processed pursuant to the relevant provisions of the
Forestry Law, Prairie Law and Fishery Law respectively.

    Article 4  For land under peasants' collective ownership, the land
owners shall file an application for land registration with the competent
department of land administration of people's government at the county
level of the locality wherein the land is located, people's government
at the county level shall enter a registration in the register, verify
and issue a certificate of collective land ownership in confirmation of the ownership.

    For land under peasants' collective ownership to be used for non-
agricultural construction according to law, the land owners shall file an
application for land registration with the competent department of land
registration of people's government at the county level of the locality
wherein the land is located, people's government at the county level shall
enter a registration in the register, verify and issue a certificate of collective land use right in confirmation of the land use right for
construction.

    Municipal people's governments with subordinate districts may carry out
uniform registration of land under peasants' collective ownership within
districts under municipal jurisdiction.

    Article 5  For state-owned land to be used by units or individuals
according to law, the land users shall file an application for land
registration with the competent department of land administration of people's government above the county level of the locality wherein the
land is located, the people's government above the county level shall enter
a registration in the register, verify and issue a certificate of state-
owned land use right in confirmation of the use right. Among which, the
competent department of land administration under the State Council shall
be responsible for the registration and certificate issuance of use of state-owned land by organs of the Central Committee of the Chinese Communist
Party and the state. Specific measures for registration and certificate
issuance shall be worked out by the competent department of land
administration under the State Council in conjunction with the General
Affairs Administration for Organs under the State Council and other
departments concerned.

  For state-owned land the use right of which is not determined, people's
governments above the county level shall enter a registration in the
register and be responsible for the protection and administration.

    Article 6  Whoever changes in land ownership and use right according to
law as a result of transfer according to law of such appendices as ground
constructions and structures leading to the transfer of land use right,
must file an application for change in land registration with the competent
department of land administration of people's government above the county
level of the locality wherein the land is located, the original land
registration organ shall effect the change in registration of land
ownership and use right. The change in land ownership and use right
takes effect as of the date of change in registration.

    Whoever effects a change in land use according to law must, on the
strength of the approval document, file an application for change in
land registration with the competent department of land administration of people's government above the county level of the locality wherein the land
is located, and the original land registration organ shall make the change in
registration according to law.

    Article 7  The original land registration organ shall nullify the land
registration for withdrawal of the land use right of a land use unit
pursuant to the relevant provisions of the Land Administration Law.

    The original land registration organ shall nullify the land registration
when a land user fails to apply for extension or fails to win approavl of the application for extension on expiry of the duration of use agreed upon
in the contract for the paid-for use of land use right.
Chapter III  Overall Planning for Land Utilization

    Article 8  The national overall planning for land utilization shall be
compiled by the competent department of land administration under the State
Council in conjunction with the departments concerned under the State Council
and submitted to the State Council for approval.

    Overall planning for land utilization of the provinces, autonomous
regions and municipalities directly under the Central Government shall be
compiled by the competent departments of land administration and other
departments concerned at the same level under the organization of people's
governments of the provinces, autonomous regions and municipalities directly
under the Central Government and submitted to the State Council for approval.

    Overall planning for land utilization of municipalities that are seats of
people's governments of the provinces and autonomous regions, municipalities
with a population of over one million and municipalities designated by the
State Council shall be compiled by the competent departments of land
administration and other departments concerned at the same level under
the organization of people's governments of the respective municipalities
and submitted to the State Council for approval upon examination and consent
of people's governments of the provinces and autonomous regions.

    Overall planning for land utilization beside those provided for in the
First Paragraph, Second Paragraph and Third Paraagraph of this Article
shall be compiled by the competent departments of land administration and
other departments concerned at the same level under the organization of the people's governments concerned and submitted level by level to people's
governments of the provinces, autonomous regions and municipalities directly
under the Central Government for approval; among which, village(township)
overall planning for land utilization shall be compiled by village(township)
people's governments and submitted level by level to people's governments of the provinces, autonomous regions and municipalities directly under the
Central Government or people's governments of municipalities with subordinate
districts and autonomous prefectures authorized by people's governments of the provinces, autonomous regions and municipalities directly under the
Central Government for approval.

    Article 9  The planning duration of overall planning for land
utilization shall generally be 15 years.

    Article 10  Overall planning for land utilization should, pursuant to
the provisions of the Land Administration Law, classify land into
agricultural land, land for construction and unutilized land.

    County-level and village(township) overall planning for land utilization
should, in accordance with requirements, delimit basic farmland protection
zone, land reclamation zone, land for construction zone and reclamation
prohibition zone, etc; among which, village(township) overall planning for
land utilization should also, in the light of land use conditions, determine
the use of each plot of land.

    Specific measures for land classification and delimitation of land
utilization zones shall be worked out by the competent department of land
administration under the State Council in conjunction with the departments
concerned under the State Council.

    Article 11  Village(township) people's governments should make an
announcement within the respective administrative areas upon approval
of the village(township) overall planning for land utilization according
to law.

    The announcement should contain the following contents:

    (1)planning targets;

    (2)planning duration;

    (3)planning scope;

    (4)plot uses; and

    (5)approval organ and approval date.

    Article 12  Revision of overall planning for land utilization pursuant
to the provisions of the Second Paragraph and Third Paragraph of Article 26
of the Land Administration Law shall be made by the original compiling
organ in accordance with the approval document of the State Council or
people's governments of the provinces, autonomous regions and municipalities
directly under the Central Government. The revised overall planning for land
utilization should be submitted to the original approval organ for approval.

    When the revised overall planning for land utilization at the next higher
level involves revision of overall planning for land utilization at the
next lower level, people's government at the next higher level shall notify
people's government at the next lower level to make corresponding revision
and submit it to the original approval organ for the record.

    Article 13  People's governments at all levels should strengthen the
management of annual plans for land utilization and exercise aggregate
control over land for construction. Annual plans for land utilization must,
upon approval and transmission to the lower levels, be strictly adhered to.

    An annual plan for land utilization should contain the following
contents:

    (1)planned targets for the diversion of agricultural land to other uses;

    (2)planned targets for retained quantum of cultivated land; and

    (3)planned targets for land development and arraangement.

    Article 14  Competent departments of land administration of people's
governments above the county level should, in conjunction with the departments
concerned at the same level, conduct land survey.

    Land survey should contain the following contents:

    (1)land ownership;

    (2)state of land utilization; and

    (3)conditions of land.

    Survey results of the current state of local land utilization should be
made public in society upon examination and verification of people's
governments at the corresponding level and approval of people's government
at the next higher level; survey results of the current state of national
land utilization should, upon approval of the State Council, be made public
in society. Land survey procedures shall be formulated by the competent
department of land administration under the State Council in conjunction
with the departments concerned under the State Council.

    Article 15  The competent department of land administration under the
State Council shall, in conjunction with the departments concerned under
the State Council, fix the standards for land grade evaluation.

    The competent departments of land administration of people's governments
above the county level should, in conjunction with the departments concerned
at the same level, evaluate land grades in accordance with the standards for
land grade evaluation. Results of local land grade evaluation should be made
public in society upon examination and verification of people's government
at the corresponding level and approval of the competent department of land
administration at the next higher level.

    Adjustment in land grades shall be made once every six years in
accordance with the state of national economic and social development.
Chapter IV  Cultivated Land Protection

    Article 16  Municipal, county people's governments, rural collective
economic organizations and construction units shall, pursuant to the
provisions of Article 31 of the Land Administraton Law, be responsible
respectively for the reclamation of cultivated land for occupation of cultivated land within the scope of land use for urban, village and township
construction determined in the overall planning for land utilization in
implementing urban planning and village, township planning, as well as
occupation of cultivated land for such construction projects as energy,
communications, water conservancy, mines and military installations outside
the scope of land use for urban construction determined in the overall
planning for land utilization; where there are no conditions for reclamation
or the reclaimed cultivated land fails to conform to the requirements,
payment of cultivated land reclamation fee should be effected pursuant to
the provisions of the provinces, autonomous regions and municipalities
directly under the Central Government.

    Article 17  Units or individuals are prohibited from engaging in
land development activities in reclamation prohibition zones determined
by the overall planning for land utilization.

    Whoever engages in development of state-owned barren hills, barren land
or barren shoals the land use right of which has been established for
cultivation, forestry, animal husbandry and fishery production in land
reclamation zones determined by the overall planning for land utilization
should file an application with the competent department of land
administration of people's government above the county level of the
locality wherein the land is located and submit the same to people's
government with the authority of approval for approval.

    Whoever engages in single-time development of state-owned barren hills,
barren land or barren shoals under 600 hectares the land use right of which
has not been established shall be subject to the approval of local people's
government above the county level pursuant to the limits of authority
prescribed by the provinces, autonomous regions and municipalities
directly under the Central Government; the case of development of over
600 hectares shall be submitted to the State Council for approval.

    Development of state-owned barren hills, barren land or barren shoals
the land use right of which has not been established for cultivation,
forestry, animal husbandry or fishery production may, upon approval of people's government above the county level, be assigned to development units
or individuals for long-term use, and the longest duration of use shall not
exceed 50 years.

    Article 18  County and village(township) people's government should,
pursuant to the overall planning for land utilization, organize rural
collective economic organizations in formulating land arrangement schemes
and organize their implementation.

    Local people's governments at all levels should, pursuant to the
overall planning for land utilization, take measures to press ahead with
land arrangement. 60% of the area of the newly-added cultivated land
through land arrangment may be used as compensation targets to compensate
for the cultivated land occupied for construction.

    Expenses required for land arrangement shall, in accordance with the
principle of whoever is the beneficiary shall bear the expenses, be jointly
borne by the rural collective economic organizations and land users.
Chapter V  Land for Construction

    Article 19  Occupation of land for construction involving turning
agricultural land into land for construction should conform to the
agricultural land conversion targets set in the overall planning for
land utilization and annual plan for land utilization; occupation of land for urban, village and township construction involving conversion
of agricultural land should also conform to urban planning and village,
township planning. Where it fails to conform to the provisions, no
approval shall be granted for the conversion of agricultural land into
land for construction.

    Article 20  Occupation of land for the implementation of urban planning
within the scope of land for urban construction determined in the overall
planning for land utilization shall be handled pursuaznt to the following
provisions:

    (1)municipal, county people's governments shall, pursuant to the annual
plans for land utilization, draft agricultural land conversion plans,
cultivated land supplement plans, land requisition plans, and submit
them in batches and level by level to people's governments with the
authority of approval.

    (2)the competent departments of land administration of people's
governments with the authority of approval shall examine the agricultural
land conversion plans, cultivated land supplement plans, land requisition
plans, put forth examination remarks and submit the same to people's
governments with the authority of approval for approval; among which,
the cultivated land supplement plans shall be approved simultaneously
with the approval of agricultural land conversion plans by people's
governments that approve the agricultural land conversion plans.

    (3)municipal, county people's governments shall, upon approval of the
agricultural land conversion plans, cultivated land supplement plans
and land requisition plans, organize their implementation and provide
land separately according to specific construction projects.

    For occupation of land for the implementation of village and township
planning within the scope of land for village and township construction
determined in the overall planning for land utilization, municipal, county
people's governments shall draft agricultural land conversion plans and
cultivated land supplement plans and process them pursuant to the
procedures prescribed in the preceding paragraph.

    Article 21  For need of land use for a specific construction project,
the construction unit should, in accordance with the gross design of the
construction project, file a one-time application, and go through the
formalities of examination and approval of land for construction; where
a project the construction of which is to be carried out in phases,
applications for land for construction may be filed in phases on the
basis of the schemes determined in the feasibility study and the relevant
formalities of examination and approval completed in phases.

    Article 22  Need of occupation of state-owned land for construction
for a specific construction project within the scope of land for urban
construction determined in the overall planning for land utilization
shall be handled pursuant to the following provisions:

    (1)at the time of the construction project feasibility study,
the competent department of land administration shall examine the
matters relating to land use for the construction project and come
up with a report on the preliminary examination of land use for the
construction project; at the time of submission of the feasibility
study for approval, the report on the preliminary examination of land
use for the construction project produced by the competent department
of land administration must be enclosed therewith.

    (2)the construction unit shall, on the strength of the relevant
approval document of the construction project, file an application
for land for construction with the competent department of land
administration of municipal or county people's government, the competent
department of land administration of the municipal or county government
shall examine the same, draft a land provision plan and submit it to the
municipal or county people's government for approval; where approval by
people's government at the next higher level is required, it should be
submitted to the people's government at the next higher level for approval.

    (3)municipal or county people's government shall, upon approval of the
land provision plan, issue a certificate of approval for land for
construction for the construction unit. In the case of paid-for use of state-owned land, the competent department of land administration of municipal or county people's government shall conclude a contract on
the paid-for use of state-owned land with the land user; in the case of appropriation for use of state-owned land, the competent department of land administration shall veriify and issue a certificate of decision on
the appropriation of state-owned land.

    (4)the land user should file an application for land registration
according to law.

    For provision of use right of state-owned land for construction in
the form of tender or auction, the competent departments of municipal or
county people's governments shall, in conjunction with the departments
concerned, draw up a plan and submit it to the municipal or county people's
government, the competent department of land administration of municipal or
county people's government shall organize its implementation upon approval,
and conclude a contract on the paid-for use of the land with the land user.
The land user shosuld file an application for land registration accordindg to
law.

    Article 23  For need to use land for a specific construction project,
an application must be filed according to law for the use of state-owned
land for construction within the scope of urban land for construction
determined in the overall planning for land utilization. Where an actual need
arises for the use of land outside the scope of land for urban construction
determined by the overall planning for land utilization for such construction
projects as energy, communications, water conservancy, mines and military
installations involving agricultural land, it shall be handled pursuant to
the following provisions:

    (1)at the time of the construction project feasibility study
authentication, the competent department of land administration shall
examine the matters relating to land use for the construction project
and come up with a report on the preliminary examination of land use for
the construction project; at the time of submission of the feasibility
study for approval, the report on the preliminary examination of land use
for the construction project produced by the competent department of land
administration must be enclosed therewith.

    (2)The construction unit shall, on the strength of the relevant approval
decument of the construction project, file an application for land for
construction with the competent department of municipal or county people's
government, the competent department of municipal or county people's
government shall examine the application, draw up an agricultural land
conversion plan, land requisition plan and land provision plan(where state-
owned agricultural land is involved, no land requisition plan shall be
drafted), which shall, upon examination, verification and consent of the
municipal or county people's government, be submitted level by level to the
people's government with the authority of approval for approval; among which,
the cultivated land supplement plan shall be simultaneously approved by the
people's government that approves the agricultural land conversion plan at the
time of approval of the agricultural land conversion plan; the land provision
plan shall be simultaneously approved by the people's government that approves
land requisition at the time of approval of the land requisition plan(where
state-owned agricultural land is involved, the land provision plan shall be
simultaneously approved by the prople's government that approves the
agricultural land conversion at the time of approval of the agricultural
land conversion plan).

    (3)Municipal, county people's governments shall, upon approval of the
agricultural land conversion plan, cultivated land supplement plan, land
requisition plan and land provision plan, organise their implementation
and issue the certificate of approval of land for construction to the
construction unit. Where there is paid-for use of state-owned land,
the competent department of land administration of municipal or county
people's government shall conclude a contract on the paid-for use of state-
owned land with the land user; where state-owned land is appropriated for
use, the competent department of land administration of municipal or county
people's government shall verify and issue a certificate of decision on
the appropriation of state-owned land to the land user.

    (4)The land user should file an application for land registration
according to law.

    Where an actual need arises for land use for a construction project
outside the scope of land for urban construction determined in the overall
planning for land utilization involving unutilized land under peasants'
collective ownership, only land requisition plan and land provision plan
shall be submitted for approval.

    Article 24  Where a need arises for the occupation of state-owned
unutilized land determined in the overall planning for land utilization
for a specific construction project, it shall be handled pursuant to the
provisions of the provinces, autonomous regions and municipalities directly
under the Central Government; however, land use for key state construction
projects, military installations and construction projects transcending the
administrative areas of the provinces, autonomous regions and municipalities
directly under the Central Government should be submitted to the State
Council for approval.

    Article 25  Municipal, county people's government of the locality
whose land has been requisitioned shall , upon approval of the land
requisition plan according to law, organize its implementation, and make
an announcement in the village(township), hamlet whose land has been
requisitioned on the approval organ of the land requisition, number of the approval document, use, scope and area of the requisitioned land
as well as the rates for compensation of land requisition, measures for
the resettlement of agricultural personnel and duration for processing
land requisition compensation.

    Persons of ownership and persons of use right of the requisitioned
land should, within the duration prescribed in the announcement, go to
the competent department of people's government designated in the
announcement to go through the registration for land requisition
compensation on the strength of land ownership certificates.

    The competent departments of municipal, county people's governments
shall, on the basis of the approved land requisition plan and in conjunction
with the departments concerned, draw up land requisition compensation and
resettlement plan, make an announcement thereof in the village(township),
hamlet wherein the requisitioned land is located to solicit the views of the rural collective economic organizations and peasants on the
requisitioned land. The competent departments of land administration of municipal, county people's governments shall, upon approval of the land
requisition compensation and resettlement plan submitted to the municipal,
county people's governments, organize its implementation. Where a dispute
arises over the compensation rates, coordination shall be carried out by
local people's government above the county level; where coordination has
failed, arbitration shall be resorted to by the people's government that
approved the land requisition. Land requisition compensation and
resettlement dispute shall not affect the implementation of the land
requisition plan.

    Payment of various expenses for land requisition should be effected
in full within 3 months starting from the date of approval of the land
requisition and resettlement plan.

    Article 26  Land compensation fee goes to the rural collective economic
organization; compensation fee for ground appendices and young crops shall be
for the owner(s) of ground appendices and young crops.

    Funds earmarked for land requisition resettlement subsidy must be used
for the designated purpose and shall not be diverted to any other purpose.
For persons required to be resettled by the rural collective economic
organization, payment of the resettlement subsidy shall be made to the
rural collective economic organization to be administered and used by
the rural collective economic organization; where resettlement is to be
arranged by other units, the resettlement subsidy shall be paid to the
resettlement units; where no unified resettlement is required, the
resettlement subsidy shall be given to the individuals to be resettled
or used for the payment of insurance premium for the resettled persons
on gaining the consent of the resettled persons.

    Municipal, county and village(township) people's governments should
strengthen supervision over the use of resettlement subsidy.

    Article 27  For emergency use of land required for dealing with an
emergency or disaster relief, the land may be used first. Among which,
where the land is for temporary use, the original state should be restored
when the disaster is over and the land shall be returned to its original
user for use, and formalities of examination and approval for land use
are no longer required; when it falls into land for permanent construction,
the construction unit should, within 6 months after the disaster is over,
file an application for making up the formalities of examination and
approval of land for construction.

    Article 28  Where a need arises for the temporary occupation of culltivated land for the construction and geological survey of a construction
project, the land user should, within one year starting from the date of expiry of temporary land use, restore the conditions for cultivation.

    Article 29  Forms of paid-for use of state-owned land include:

    (1)transfer of state-owned land use right;

    (2)leasing of state-owned land; and

    (3)contribution at a fixed value or equity participation for state-owned
land use right.  

    Article 30  Thhe paid-for land use fee for newly-added land for
construction prescribed in Article 55 of the Land Administration Law
means the average land net income the state should accrue from the newly-
added land for construction.
Chapter VI  Supervision and Inspection

    Article 31  Inspectors of land administration supervision should
receive training and may engage in the work of land administration
supervision and inspection only upon passing evalauation.

    Article 32  In fulfilling the duties and responsibilites of supervision
and inspection, the competent departments of land administration may, in
addition to taking the measures provided for in Article 67 of the Land
Administration Law, adopt the following measures:

    (1)inquire the party(parties) concerned, suspect(s) and witness(es) of a
law-breaking case;

    (2)enter the site of land illegally occupied by the unit or individual
under inspection to take photos or make video recording;

    (3)order the party(parties) concerned to stop illegal acts relating to
land under way;

    (4)stop processing formalities of examaianation and approval and
registration of land with respect to the unit or individual suspected
of violation of law on land; and

    (5)order the law-breaking suspect(s) not to sell, transfer properties
relevant to the case during investigation.

    Article 33  Where administrative sanctions are to be imposed pursuant to
the provisions of Article 72 of the Land Administration Law, they shall be
imposed by the competent department of land administration of people's
government at the next higher level that has taken the decision on
administrative penalty or made the decision on imposing direct
administrative penalty. The competent department of land administration
at the next higher level may directly make a decision on administrative
penalties of meteing out a warning, recording a demerit or recording a
major demerit; with respect to decisions on administrative penalties of
demotion, removal from office and dismissal, the competent department of land administration at the next higher level should, pursuant to the state
provisions concerning limits of authority of personnel management and
procedures of handling, put forth a proposal for administrative sanctions
to the organ concerned, and it shall be handled by the organ concerned
according to law.
Chapater VII  Legal Liability

    Article 34  Whoever carries out reclamation within the reclamation
prohibition zone determined by the overall planning for land utilization
in violation of the provisions of Article 17 of these Regulations, the
competent department of land administration of people's government above
the county level shall order him/her to make a rectification within a
given time period; whoever fails to make a rectification on expiry of the given time period, a penalty shall be imposed pursuant to the provisions
of Article 76 of the Land Administration Law.

    Article 35  Whoever builds permanent construction(s) or structure(s) on
land for temporary use, the competent department of land administration of
people's government above the county level shall order him/her to dismantle
it(them) within a given time period; whoever fails to dismantle on expiry of
the given time period, the organ that made the penalty decision shall file
an application for mandatory enforcement with a people's court according
to law.

    Article 36  The reconstructed or expanded constructions or structures
that fail to conform to the uses determined in the overall planning for land
utilization prior to the formulation of the overall planning for land
utilization shall be ordered by the competent department of land
administration of people's government above the county level to be dismantled
within a given time period; whoever fails to dismantle on expiry of the given
time period, the organ that made the penalty decision shall file an
application with a people's court for mandatory enforcement according to law.

    Article 37  Whoever obstructs functionaries of the competent department
of land administration in the discharge of duties according to law shall be
imposed penalty of public security administration or investigated of the
legal liability according to law.

    Article 38  Where a fine is to be imposed pursuant to the provisions of Article 73 of the Land Administration Law, the amount of fine shall be
less than 50% of the illegal income.

    Article 39  Where a fine is to be imposed pursuant to the provisions of Artilce 81 of the Land Administration Law, the amount of fine shall be
more than 5% less than 20% of the illegal income.

    Article 40  Where a fine is to be imposed pursuant to the provisions of Article 74 of the Land Administration Law, the amount of fine shall be
less than 200% of the cultivated land reclamation fee.

    Article 41  Where a fine is to be imposed pursuant to the provisions of Article 75 of the Land Administration Law, the amount of fine shall be
less than 200% of the land reclamation fee.

    Article 42  Where a fine is to be imposed pursuant to the provisions of Article 76 of the Land Administration Law, the amount of fine shall be
less than RMB 30 yuan per square meter of the illegally occupied land.

    Article 43  Where a fine is to be imposed pursuant to the provisions of Article 80 of the Land Administration Law, the amount of fine shall be
more than RMB 10 Yuan less than RMB 30 Yuan per square meter of the
illegally occupied land.

    Article 44  Whoever fails to restore the cultivation conditions on
expiry of the given time period in violation of the provisions of Article
28 of these Regulations shall be ordered by the competent department of land administration of people's government above the county level to make
a rectification within the given time period, and may be imposed a fine
less than 200% of the cultivated land reclamation fee.

    Article 45  Whoever obstructs requisition of land for construction by
the state in violation of the provisions of laws and regulations on land
administration shall be ordered by the competent department of land
administration of people's government above the county level to hand
over the land; whoever refuses to hand over the land, an application
shall be filed with a people's court for mandatory enforcement.
Chapter VIII  Supplementary Provision

    Article 46  These Regulations shall enter into force as of January 1,
1999. The Regulations on the Implementation of the Land Administration Law
of the People's Republic of China promulgated by the State Council on
January 4, 1991 is simultaneously superseded.