Legal information

Article introduction: How does the Land Management Law review and approve various types of construction land in townships? This is stipulated in Articles 60 and 61 of the Land Management Law of the People's Republic of China.

1. Article 60 of the "Land Management Law of the People's Republic of China" stipulates that if a rural collective economic organization uses the construction land determined in the township (town) land use master plan to establish an enterprise or jointly establishes an enterprise with other units or individuals in the form of equity participation, joint venture, etc. with land use rights, it shall hold relevant Approval documents shall be submitted to the land administrative department of the local people's government at the county level, and shall be approved by the local people's government at the county level in accordance with the approval authority stipulated by the province, autonomous region, or municipality directly under the Central Government; among them, if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law. The construction land used for setting up enterprises in accordance with the provisions of the preceding paragraph must be strictly controlled. Provinces, autonomous regions, and municipalities directly under the Central Government may separately stipulate land use standards according to different industries and business scales of township enterprises. This article is about the regulations on the approval of various types of construction land in townships.

2. Rural collective economic organizations that use land owned by the collective to run enterprises must obtain approval from the people's government at or above the county level.

1. Rural collective economic organizations that use land owned by the collective to run enterprises must obtain approval from the people's government at or above the county level. The authority for approval is stipulated by the province, autonomous region, and municipality directly under the Central Government; if it involves the occupation of agricultural land, the approval for the conversion of agricultural land must be processed. Provinces, autonomous regions, and municipalities directly under the Central Government should formulate land use standards for township enterprises.

2. The establishment of enterprises by rural collective economic organizations must be approved by the people's government at or above the county level. This Law stipulates that when farmers' collective-owned land is used to establish enterprises, only rural collective economic organizations that use the collective-owned land or use the collectively-owned land to jointly establish enterprises with other units and individuals in the form of joint ventures can use the farmers' collectively-owned land. Ying Ting learned that this includes village farmers collectively using land collectively owned by village farmers, villagers groups using the land of the villagers group, or joint households or farmers in the village using the land of the village (or villager group), and within the construction area determined by the overall land use plan. The farmers' collective economic organization or villagers committee shall submit a land use application to the land administration department of the people's government at or above the county level, and submit it to the people's government for approval. The approval authority for township enterprises to use land collectively owned by farmers is stipulated by the provinces, autonomous regions, and municipalities directly under the Central Government, that is, it can only be approved by the local people's government. Each province, autonomous region, and municipality directly under the Central Government will stipulate this when formulating implementation measures for the Land Management Law.

3. If township enterprises use land collectively owned by farmers and occupy agricultural land, they must apply for approval for the conversion of agricultural land in accordance with the law. The specific examination and approval methods shall be handled in accordance with the provisions of this Law on the examination and approval of agricultural land conversion.

4. Provinces, autonomous regions, and municipalities directly under the Central Government may formulate standards for land use by township enterprises. From the current point of view, the outstanding problems in the use of land by township enterprises are that the enterprises are small, the layout is scattered, and the land area is large; the land utilization rate is not high; the waste of land and the occupation of cultivated land are serious. Therefore, this law requires that the land used by township and village enterprises must be strictly controlled, especially the occupation of cultivated land by township and village enterprises. Because there are many types of township enterprises, and the scale and regional differences are large, it is difficult to formulate unified land use standards across the country. It is stipulated that each province, autonomous region, and municipality directly under the Central Government shall formulate land use standards according to the different industries and scales of township enterprises in the region and implement them as local standards. When approving land, the land area must be determined strictly in accordance with land use standards to prevent waste of land. In the past, some provinces, autonomous regions, and municipalities directly under the Central Government have formulated some land use standards for township enterprises based on local conditions. In the future, they should be revised and improved based on the development of township enterprises and the requirements for strict control of land use by township enterprises.

Part Three: Original text of the law

Article 61 of the "Land Management Law of the People's Republic of China" stipulates that if the construction of public facilities and public welfare undertakings in townships (towns) and villages requires the use of land, the application shall be submitted to the land administrative department of the local people's government at the county level after review by the township (town) people's government. The application shall be approved by the local people's government at the county level in accordance with the approval authority stipulated by the province, autonomous region, and municipality directly under the Central Government. Among them, if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law. This article is about the regulations on the approval of land for the construction of public facilities and public welfare undertakings in townships (towns) and villages.

Part 4: Interpretation of legal provisions

1. If land is needed for the construction of public facilities and public welfare undertakings in townships (towns) and villages, applications must be submitted in accordance with the law and approval must be obtained according to the prescribed approval authority. Ying Ting believes that rural public facilities and public welfare undertakings mainly refer to rural administrative offices, culture and science, medical and health care, educational facilities, production services and public utilities, such as township (town) governments, village committee offices, public security, taxation, post and telecommunications offices, schools, kindergartens, nurseries, hospitals,Agricultural technology extension station, nursing homes and rural roads, water supply, drainage, electricity, telecommunications, public toilets and other land. According to the provisions of this Law, rural public facilities and public welfare undertakings shall comply with the overall land use plan and may use rural collective land upon approval.

2. The authority to approve the use of land collectively owned by farmers for rural public facilities and public welfare undertakings shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government, and shall be subject to the examination and approval of local people's governments. Each province, autonomous region, and municipality directly under the Central Government will make clear provisions when formulating implementation regulations of the Land Management Law.

3. Rural public facilities and public welfare undertakings that use land collectively owned by farmers, involving the occupation of agricultural land, must apply for approval for the conversion of agricultural land in accordance with the approval methods and approval authority for agricultural land conversion in this Law.

Yingting reminds you:

1. If you want to apply to use construction land to set up an enterprise, or to jointly establish an enterprise with other units or individuals in the form of land use rights as shares, joint ventures, etc., you should submit the application to the land administration department of the local people's government at the county level with relevant approval documents. If objections or disputes arise during the application process, you can try to negotiate with the other party. If you have not negotiated well with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and use professional legal knowledge to negotiate with the government to obtain a fair and satisfactory result.

2. When the above legal disputes arise, the specific legal basis for safeguarding rights and interests is as follows. Article 9 of the "Administrative Reconsideration Law" stipulates that citizens, legal persons or other organizations that believe that a specific administrative act infringes upon their legitimate rights and interests may file an application for administrative review within 60 days from the date of becoming aware of the specific administrative act; however, the application period prescribed by law does not exceed 60 days. If the statutory application deadline is delayed due to force majeure or other legitimate reasons, the application deadline will continue to be calculated from the date the obstacle is removed. Article 44 of the Administrative Litigation Law stipulates that for administrative cases that fall within the scope of the People's Court, citizens, legal persons or other organizations may first apply to the administrative agency for reconsideration. If they are dissatisfied with the reconsideration decision, they may then file a lawsuit with the People's Court; they may also file a lawsuit directly with the People's Court. Laws and regulations stipulate that one must first apply to the administrative agency for reconsideration. If one is dissatisfied with the reconsideration decision and then files a lawsuit in the People's Court, the provisions of laws and regulations shall apply.