The people's governments at or above the county level shall, in accordance with public interests and the needs of development and construction, requisition collectively owned land according to law. Land acquisition units shall obey and shall not obstruct. Article 3 The Land Bureau of Hainan Province, city and county is the functional department of the people's government at the same level for unified management of urban and rural land within their respective administrative areas, and is the representative organ of state-owned land property rights.
The land within the administrative area of a township (town) is managed by the township (town) people's government. Article 4 The system of paid land use shall be implemented. Land use rights can be transferred, transferred and mortgaged with compensation. Foreign companies, enterprises or individuals from Hong Kong, Macao and Taiwan are allowed to participate in land development, management and contracting. Land use fees are levied on used state-owned land, and the government develops the land market in a planned way. Chapter II Management of Land Ownership Article 5 Land is owned by the whole people and collectively. The land in Hainan belongs to the state, except that it belongs to the collective according to the law. Article 6 Units and individuals that use state-owned land according to law only have the right to use the land they use, but have no ownership. Without the approval of the people's government at or above the county level, no unit or individual may change the land use right and land use without authorization. Article 7 Units under ownership by the whole people, units under collective ownership and individuals who use state-owned land according to law shall apply to the Bureau of Land and Resources of the people's government at or above the county level for registration, obtain a state-owned land use certificate and clarify the right to use it.
Units that own collectively-owned land shall apply to the Land Bureau of the people's government of the city or county for registration, obtain a certificate of ownership of collectively-owned land, and clarify the ownership.
Units under ownership by the whole people, units under collective ownership and individuals who use collectively-owned land for non-agricultural construction according to law shall apply to the Land Bureau of the people's government of the city or county for registration, obtain a collective-owned land use certificate and clarify the right to use it.
Units that use land across two administrative regions shall apply to the Bureau of Land and Resources of the people's government at the next higher level for registration and obtain land use certificates; Make clear their land ownership or right to use.
The state-owned land that has not been allocated for use shall be registered by the Bureau of Land and Resources of the people's government at or above the county level and be responsible for unified management. Eighth due to the paid transfer or transfer of land use rights, the land ownership changes, and the transfer of attachments on the ground involves the transfer of land use rights. It is necessary to go through the registration procedures for the change of land ownership and replace or change the land certificate. Article 9 The Bureau of Land and Resources of the people's governments at or above the county level shall, jointly with relevant departments, strengthen cadastral management such as land survey and statistics. Land owners and users have the obligation to produce and provide documents and materials needed for land survey and statistics, and shall not refuse, make false reports or forge or tamper with them. Tenth land ownership or use rights disputes, should be resolved by the parties through consultation, after consultation, reported to the Land Bureau for the record. If the coordination fails, the ownership dispute between units shall be handled by the Land and Resources Bureau of the people's government at or above the county level; Disputes over land ownership between counties (cities) shall be handled by Hainan Provincial Bureau of Land and Resources; Disputes over ownership between individuals or between individuals and units shall be handled by the people's governments at the township level or the municipal and county land and resources bureaus.
If a party refuses to accept the decision of the Bureau of Land and Resources of the people's government at or above the county level or the people's government at the township level, it shall bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision. If no prosecution is initiated within the time limit, the decision will take legal effect.
Before the dispute over land ownership is resolved, neither party may change the status quo of the land or destroy the attachments on the ground. Chapter III Utilization and Protection of Land Article 11 The people's governments of Hainan Province, cities and counties are responsible for the overall planning of land use in their respective administrative areas, and make overall arrangements and comprehensive balance for the development, utilization, protection and remediation of land in the province. After being examined and approved by the people's congress at the same level, the overall land use planning shall be reported to the people's government at the next higher level for approval and implementation.
The overall land use planning of cities, villages and market towns should be combined with the overall land use planning of cities and villages. Twelfth Hainan Province, city and county land bureau should be based on the overall land use planning and development and construction progress, in conjunction with the relevant departments to prepare annual and medium-term land use plans and land development plans, the implementation of land use planning management. Thirteenth kinds of nature reserves, high-yield farmland protection areas, tropical crops protection areas and other famous and special products protection areas of land, shall not be used as construction land. If it is really necessary to requisition due to special needs, it must be reported to the Hainan People's Government for approval. Fourteenth scenic spots and cultural relics protection areas shall stipulate the scope of protection, formulate protection and development plans, strengthen land management, and ensure the rational development and utilization of tourism resources. Fifteenth construction must save land, can use wasteland, shall not occupy cultivated land; Those who can use inferior land shall not occupy good land.
The people's government encourages units, collectives and individuals to develop, rectify and utilize barren hills, wasteland, beaches and idle wasteland under the guidance of unified planning and planning.