Land and Resources Administrative System Measures for the People

(Issued by the Ministry of Land and Resources on January 14 2004 and effective as of March 1 2004.)

In order to thoroughly implement the important ideas of the "Three Represents", actually protect the fundamental interests of the people and voluntarily accept the supervision of the public, the land and resources administrative system shall adopt the following measures for the people based on the principles of lawfulness, publicity, fairness, integrity, convenience for the people and efficiency.

1. To disclose to the public the main contents of lawfully approved land use general plans and mineral resources plans.

2. To disclose to the public matters subject to administrative examination and approval as well as the procedures, essential requirements and results of examination and approval concerning land and mineral resources.

3. To disclose to the public the basis, procedures and time limit for, as well as results of, the handling of major landmark cases of illegal activities related to land and mineral resources.

4. To disclose to the public lawful fee-collection items, standards, basis and payment time limits with respect to land and mineral resources.

5. According to law, to publish proposals for land requisition, compensation and resettlement, and standard land prices and demarcated land prices; to publish the scope of government-planned mining areas; the scope of mining areas that are of significant value to the national economy; the scope of mining areas of mining enterprises after allocation; and to publish information such as the creation and renewal of, change to, and reservation of exploration rights or mining rights.

6. Except where confidentiality is involved, to disclose and to make convenient for review by the general public such information as:
statistical information on land registrations and on investigations of land changes;
land supply plans, land grant proposals and land grant results;
statistics on exploration rights and mining rights application registrations and on mineral resources reserves registrations; and
non-commercial geological surveys and prospecting results.

7. To disclose to the public rural residential land use plans. To incorporate in the contents of "Disclosure of Village Affairs" information on the current conditions of land earmarked for rural residential construction, planning drafts thereof and land use plans, so that the residents can be clear on and understand the construction planning and plans for land earmarked for rural residential construction.

8. A system of accepting and handling through service windows shall be implemented on matters subject to statutory administrative examination and approval. In particular, the matters as follows shall be received at service windows, handled without outside interference, received and handled in a separate manner, and completed within the prescribed time limits:
application for approval of urban construction land in batches;
application for approval of land use for construction projects on a single site;
report of land development and rectification projects;
issue of land registration certificates;
application for registration of mineral reserves; and
application for registration of exploration rights and mining rights.

9. Land and resources administrative departments at or above the county level shall, according to their respective duties, immediately classify and handle tips disclosed through communication or other reports from the people on violations of law with respect to land and resources. Preliminary investigation and decision on whether or not to initiate a case shall be done within the statutory time limits.

10. Legal hotlines for land and resources matters shall be set up at land and resources administrative departments at or above the county level to provide legal advice free of charge. The Ministry of Land and Resources shall set up the China Land and Mineral Resources Legal Hotline (Telephone: 16829999).

The above measures shall come into effect on March 1 2004.

Unofficial Translation, © Coudert Brothers LLP. Reproduction permitted with credit, including: "© Coudert Brothers LLP".