Ministry of Natural Resources, (Draft Revision of the) Implementing Regulations for the PRC Land Administration Law (Draft for Comments)

自然资源部中华人民共和国土地管理法实施条例 (修订草案) (征求意见稿)

April 09, 2020 | BY

Susan Mok

Conditions made clear for commercialization of collective land

Clp Reference: 4100/20.03.30 Promulgated: 2020-03-30
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Issued: March 30, 2020

Main contents: [Use of existing stock of construction land on a priority basis] Land space plans shall plan in a holistic manner and reasonably arrange the layout and purpose of collectively owned commercial construction land, guide the use of existing stock of collectively owned commercial construction land on a priority basis and strictly control the scale of new collectively owned commercial construction land. Key rural industries and projects are encouraged to use collectively owned commercial construction land (Article 36).

[Grant and lease conditions] The owner of collectively owned commercial construction land that satisfies the following conditions may deliver the same into the possession of an entity or individual by means of a grant, lease, etc. to use the same for consideration for a certain number of years:

(1)        land determined by the land space plan as being for for-profit purposes such as industry and commerce;

(2)        land the title to which is clear and for which land ownership registration has been carried out in accordance with the law; and

(3)        land that satisfies the basic conditions required for development and construction, such as accompanying infrastructure.

The longest term for which the use rights to collectively owned commercial construction land may be granted shall be handled with reference to the longest term specified for state-owned construction land of the same type of purpose (Article 37).

clp reference: 4100/20.03.30 issued:2020-03-30

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