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What are the regulations of the People's Republic of China on the recovery of land use right

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What are the regulations of the People's Republic of China on the recovery of land use right


        

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  • 2024-06-15 02:01:44

    The provisions of the People's Republic of China on the recovery of the right to the use of land include: if a unit or individual that has contracted to manage cultivated land abandons the land for two consecutive years, the original contract awarding unit shall terminate the contract and recover the contracted cultivated land; If this piece of land was originally owned by peasant collectives, it should be handed over to the original rural collective economic organization to resume farming.

    Legal basis:

    Article 38 of the Land Administration Law
    It is forbidden for any unit or individual to leave the cultivated land idle or deserted. If the cultivated land occupied for non-agricultural construction that has gone through the examination and approval procedures is not used but can be cultivated and harvested within one year, the collective or individual that originally cultivated the cultivated land should resume cultivation, or the land use unit can organize cultivation; If the construction has not started for more than one year, the idle fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government; If the land has not been used for two consecutive years, the people's government at or above the county level shall recover the land use right of the land using unit without compensation with the approval of the original approval authority; If this piece of land was originally owned by peasant collectives, it should be handed over to the original rural collective economic organization to resume farming. Idle land within the urban planning area that has obtained the land use right by way of transfer for real estate development shall be handled in accordance with the relevant provisions of the Urban Real Estate Administration Law of the People's Republic of China.

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    2024-06-15 02:01:44

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