The law stipulates different service life for land use right according to different purposes, that is, 70 years for residential land, 50 years for industrial land, education, science and technology, culture, health and sports land, 40 years for commercial land, tourism land and entertainment land, and 50 years for comprehensive or other land.
The law stipulates that the owner of residential land can use the land permanently and enjoy the right to use the land permanently; For non residential land (that is, land with a 50 year and 40 year transfer period), only "in accordance with the law" is stipulated. Therefore, China is not a country with permanent land use rights.
[Legal Basis]
According to Article 149 of the Property Law, if the term of the right to use residential construction land expires, it will be automatically renewed. The renewal of the right to use non residential construction land after the expiration of the term shall be handled in accordance with the law.
(The Property Law will expire on December 31, 2020)
According to Article 359 of the Civil Code, if the term of the right to use residential construction land expires, it will be automatically renewed. The payment or deduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations. The renewal of the right to use non residential construction land after the expiration of the term shall be handled in accordance with the law.
(The effective date of the Civil Code is January 1, 2021)
