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Hainan Land Managment Measures (1)
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1988.02.13
HAINAN PROVINCE
HAINAN LAND MANAGEMENT MEASURES
  (Promulgated  by  Hainan  Preparatory Committee for Provincial
Establishment on February 13, 1988)
CONTENTS
CHAPTER I GENERAL PRINCIPLES
CHAPTER II ADMINISTRATION OF LAND OWNERSHIP RIGHTS
CHAPTER III USE AND PROTECTION OF LAND
CHAPTER IV OPERATIONAL MANAGEMENT OF LAND
CHAPTER V ADMINISTRATION OF LAND FOR CONSTRUCTION USE
CHAPTER VI LEGAL LIABILITY
CHAPTER VII SUPPLEMENTARY ARTICLES
CHAPTER I GENERAL PRINCIPLES
 @@  Article  1.  These  implementing  Measures are formulated in
accordance with  the  the  Law of the People's Republic of China on
Land Management in order  to  exploit,  use  and  protect  land
resources  scientifically  and  rationally  and  to  suit the
requirements of the opening up of Hainan to the outside world and the
development of an export-oriented economy.
 @@  Article  2. All land within the limits of Hainan, including
already  cultivated  land and land awaiting cultivation, forests,
waterways, beaches, mountain  wasteland, other wasteland and land for
construction  use,  shall  be uniformly  administered  by  the
people's  governments  of Hainan, the municipalities and counties.
Construction  shall be carried out under a system of overall planning
and comprehensive development.
 The  people's governments at county level and above may, in line with
public interest  and  construction  requirements, expropriate land
under collective ownership  in  accordance with the law. A unit
which  has  its  land expropriated  in this way shall obey such
action and shall not offer any resistance.
  @@  Article  3.  The  State  Land  Bureau  of Hainan, the
municipalities and counties shall be functionary departments of the
people's governments at the  same  level, in charge of the uniform
administration  of  urban  and  rural  land   within   their
administrative  jurisdiction  and  shall  be  the representative
organs for State land property rights.
 The  township  level  people's governments shall be responsible
for land management matters in township administrative regions.
 @@  Article  4. A system of compensatory usage of land shall be
implemented.  Land  use  rights may be transferred, assigned or
mortgaged. Foreign and Hong Kong,  Macao  and  Taiwanese  companies,
enterprises  or  individuals (hereinafter referred to as foreign
investors)  shall  be  permitted to participate in land development,
land operations and land contracting. Land use  fees  shall  be
charged  for State owned land already in use and the government shall
open up land markets in a planned manner.
CHAPTER II ADMINISTRATION OF LAND OWNERSHIP RIGHTS
 @@  Article  5. Systems of land ownership by the whole people and
collective land  ownership  shall  be  implemented. All Hainan land
shall belong to the State. except for those which the law stipulates
as being under collective ownership.
 @@  Article  6.  Units  and  individuals which use State land in
accordance with  the  law have the right only to use of the land and
do not have right of ownership. No unit of individual shall alter
land use titles or the purpose of usage of land without the approval
of the people's government at county level or above.
 @@ Article 7. To use State land in accordance with the law, a unit
owned by  the whole people, a collectively owned unit or an individual
shall apply to a People's Government State Land Bureau at municipal or
county level and register and obtain a land use certificate for State
owned land which shall clarify its usage rights.
 A  unit  with  title  to  land under collective ownership shall
apply to a People's Governments State Land Bureau at municipal or
county level and register and obtain a land ownership certificate
for collectively owned land which shall clarify its ownership rights.
 To  use collectively owned land for non-agricultural construction
purpose in accordance with the law, a unit owned by the whole people,
a collectively owned  unit or an individual shall apply to a People's
Government State Land Bureau  at  municipal or county level and
register and obtain a land use certificate for collectively owned
land which shall clarify its usage rights.
 To use land which crosses two or more administrative regions, a unit
shall apply  to  a higher level People's Government State Land bureau
and register and  obtain a land use certificate which shall clarify
its land owner ship rights or land usage rights.
 People's Government State Land Bureaus at county level or above
shall compile  a  registry of State owned land which has yet to be
transferred  for  use  and shall be responsible for its uniform
administration.
 @@  Articl

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