Shanghai Municipality, Implementing the «PRC, Land Administration Law» Measures (2nd Revision)

Promulgated: November 17 2000
Effective: January 1 2001

Main contents: The Measures focus on rationalizing land use and protecting agricultural land. According to the Measures, land use planning is required down to the township level government(Article 9). The municipal government and district/county governments shall formulate annual land use plans (Article 10). The land for construction projects shall be confined to the city and town centres defined in the general plan for land use, but infrastructure projects such as energy, communication and water resources projects are not subject to this constraint (Article 24). The conversion of agricultural land into construction land within the scope of city centre construction land use plan requires the approval of the State Council (Article 25). If State-owned construction land is left idle for over one year, the municipal or district/county land administration may charge the land user for idle land fees, which may be doubled if the land was originally agricultural land (Article 37). To avoid repossession of the land by the government, the land user shall take remedial steps, which include making the land a temporary green area or planted land (Article 38). The Measures also contain the Measures for applying for construction land (Articles 29, 30 and 33).
Related legislation: PRC, Land Administration Law (Revised), Aug 29 1998, CLP 1998 No.9 p27; PRC, Land Administration Law Implementing Rules, Dec 27 1998, CLP 1999 No.1 p9; Protection of Basic Agricultural Land Regulations, Dec 27 1998, CLP 1999 No.2 p8; and Shanghai Municipality, Real Property Registration Regulations, Dec 11 1995, CLP 1996