Legal basis: Article 63 of the Land Administration Law of the People's Republic of China. If the overall land use planning and urban and rural planning have determined that the collectively-operated construction land is industrial, commercial and other operational land, and has been registered according to law, the land owner may give it to the unit or individual for use by means of transfer or lease, and shall sign a written contract stating the scope, area, construction period, use period, land use, planning conditions and other rights and obligations of both parties in four boundaries of a piece of land.
The transfer or lease of collectively-operated construction land mentioned in the preceding paragraph shall be subject to the consent of more than two thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two thirds of the villagers' representatives.
The right to use collectively-operated construction land obtained by means of transfer may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or unless the land owner signs a written contract with the land use right holder.
Lease, assignment, transfer, exchange, contribution, gift and mortgage of collectively operated construction land, the right to use collective construction land and its maximum life shall be implemented with reference to state-owned construction land with similar uses. The specific measures shall be formulated by the State Council.