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A Professional's Guide to PRC Land Legislation - Table Of Contents

The PRC Land System

I - Legislative Hierarchy of the PRC Land System

1. Constitution
2. Laws
3. Administrative Regulations
4. Local Laws and Regulations, Regulations for Special Autonomous Regions, and Special Ordinances
5. Ministerial and Commission Rules
6. Local Governmental Rules

II - PRC System of Land Ownership and Land-Use Rights

1. Legal Basis
2. State Land Ownership Rights
3. Collective Land Ownership Rights
4. Land-Use Rights
5. State-Owned Land-Use Rights
6. Collective Land-Use Rights
7. Case Study 1

III - The Land Registration System

1. Basic Regulations
2. Principles of Land Registration
3. Contents of Land Registration
4. Registration Procedures
5. Registration of Collectively-Owned Land
6. Regulations Governing Mortgage Registration
7. Mortgage Registration Procedures for Rural Collectively-Owned Land-Use Rights

IV - Planning and Protection of Land

1. Overall Land-Use Plans and the Control of Land Usage
2. Formulation of Overall Land-Use Plans
3. Complementary Systems to the Overall Land-Use Plan
4. Annual Land Use Plans
5. Protection of Arable Land
6. Land Development, Rehabilitation and Restoration to Agricultural Use
7. Case Study 2

V - The Construction Land System

1. General Introduction
2. Examination and Approval of Construction Land
3. Examination and Approval of Land Expropriation and the Conversion of Farmland
4. Compensation and Resettlement Due to Land Expropriation
5. Recovery of Construction Land-Use Rights
6. Strengthening the Administration of Land Expropriation

Land-Use Rights

VI - Matters Relating to Land and Real Property Used by Foreign Investment Enterprises

1. General Introduction
2. Characteristics of Land Use by FIEs
3. Methods by Which FIEs May Obtain Land-Use Rights
4. Fundamental Principles for FIEs Acquiring Allocated Land-Use Rights
5. Site Use Fees
6. Termination of Land-Use Rights
7. Administration Of Land Occupied by Real Property Obtained Independently by Foreign Investors Other than FIEs
8. Case Study

VII - System for Granting Land-Use Rights

1. Definition
2. Legal Characteristics
3. Granting Methods
4. Examination and Approval Procedures for Granted Land-Use Rights
5. Land-Grant Contracts
6. Land Grant Premiums
7. Changes in Purpose of Land Use
8. Loss and Termination of Land-Use Rights
9. Premature Recovery of Land-Use Rights by the State and Related Compensation

VIII - Dealing in Granted Land-Use Rights

1. Overview
2. Basic Regulations
3. Assignment of Granted Land-Use Rights
4. Lease of Granted Land-Use Rights
5. Mortgage of Granted Land-Use Rights
6. Dispute Resolution Involving Property Development
7. Disposal of Idle Land

IX - Dealing in Allocated Land-Use Rights

1. Principles
2. Methods and Features of Dealing in Allocated Land-Use Rights
3. Pre-Conditions for the Assignment, Lease, and Mortgage of Allocated Land-Use Rights
4. Procedures for the Assignment, Lease or Mortgage of Allocated Land-Use Rights
5. Rights and Obligations
6. Registration of Revocation of or Changes to Land-Use Rights
7. Disposal of Allocated Land-Use Rights During SOE Reforms
8. Recovery of Allocated Land-Use Rights and Related Compensation
9. Case Study 4

Land Tax and Unlawful Land Use

X - The Land Tax System

1. Overview
2. Urban Land-Use Tax
3. Land VAT
4. Deed Tax
5. Arable Land-Use Tax

XI - Supervision, Investigation and Legal Liability

1. The Application of the Old and the New Law on Land Administration
2. Supervision and Investigation
3. Illegal Acts and Legal Liabilities

Appendices

Appendix I.

Grant Contract for State-Owned Land-Use Rights (Grant Contract for a Parcel of Land)

Attachment: Terms of Land Use

Appendix II.

Sample Grant Contract for State-Owned Land-Use Rights (Supplementary Grant Contract for Allocated Land-Use Rights)

Appendix III.

State-Owned Land-Use Rights Certificate (Sample)

Appendix IV.

Examples of the Limits to Examination and Approval Authority in the Directly-Administered Municipalities and Main Provinces

Appendix V.

Legislation

1. Law of the People's Republic of China on Land Administration
2. Law of the People's Republic of China on the Administration of Urban Real Estate
3. Law of the People's Republic of China on Sino-Foreign Joint Equity Enterprises (Excerpt), and Regulations for the Implementation of the Law of the People's Republic of China on Sino-Foreign Joint Equity Enterprises (Excerpt)
4. Implementing Regulations for the Law of the People's Republic of China on Land Administration
5. Provisional Regulations of the People's Republic of China Regarding the Grant and Assignment of State-Owned Land Use Rights in Urban Areas
6. Provisional Measures for the Administration of Foreign Investment for the Development and Operations of Tract Land
7. Notice of the State Council Concerning the Limits to Approval Authority for the Grant of State-Owned Land-Use Rights
8. Provisional Regulations of the People's Republic of China for Land Value-added Tax
9. Rules for Land Registration
10. Provisional Measures for the Administration of Allocated Land-Use Rights
11. Administrative Rules for the Assignment of Urban Real Estate
12. Procedures for the Administration of the Leasing of Premises in Urban Areas
13. Provisional Regulations for the Administration of Allocated Land-Use Rights During State-Owned Enterprise Reform
14. Rules for the Protection of Basic Farmland
15. Notice Concerning Further Implementation of the Granting of State-owned Land-Use Rights by Auction or Tender (Excerpt)
16. Opinion on Certain Issues Regarding the Implementation of the Law of the People's Republic of China on Land Administration and the Regulations for the Implementation of the Law of the People's Republic of China on Land Administration
17. Notice on Strengthening the Administration of Land Expropriation (Excerpt)
18. Announcement Regarding the Adoption of New Versions of Land-Use Certificates (Excerpt)
19. Measures for the Administration of the Preliminary Examination of Land Used in Construction Projects
20. Administrative Measures for the Mortgage of Urban Real Estate
21. Measures for the Public Announcement of Land Expropriation

Appendix VI.

Adjustment to Beijing's Real Estate Policy during 1999/2000