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Measures for the Investigation and Handling of Land Tenure Disputes
(Promulgated by Order No. 17 of the Ministry of Land and Resources of the People's Republic of China on January 3, 2003 and amended in accordance with the Decision of the Ministry of Land and Resources on Amending Some Regulations of November 30, 2010)
Article 1 These Measures are formulated on the basis of the "Land Administration Law of the People's Republic of China" in order to do a good job in the investigation and handling of land ownership disputes in accordance with law, fairly and in a timely manner, to protect the lawful rights and interests of the parties, and to safeguard the socialist public ownership of land.
Article 2: "Land ownership disputes" as used in these Measures refers to disputes over the ownership of land ownership or use rights.
Article 3: The investigation and handling of land tenure disputes shall be based on laws, regulations and land management rules. Proceed from reality, respect history, and face reality.
Article 4 The competent administrative departments for land and resources at the county level or above shall be responsible for the investigation and mediation of land tenure dispute cases (hereinafter referred to as dispute cases); where it is necessary to make a handling decision in accordance with law, draft handling opinions and report them to the people's government at the same level for a handling decision.
The competent administrative departments for land and resources at the county level or above may designate specialized agencies or personnel to be responsible for handling matters related to dispute cases.
Article 5: Dispute cases that arise between individuals, between individuals and units, and between units and units shall be investigated and handled by the competent administrative department for land and resources at the county level where the disputed land is located.
Dispute cases that arise between individuals or between individuals and units provided for in the preceding paragraph may be accepted and handled by the people's government at the township level on the basis of the parties' applications.
Article 6: The competent administrative departments for land and resources of districted cities and autonomous prefectures shall investigate and handle the following dispute cases:
(1) Cross-county-level administrative regions;
(2) Assigned by the people's government at the same level or the competent administrative department for land and resources at a higher level, or transferred by relevant departments.
Article 7: The competent administrative departments for land and resources of provinces, autonomous regions, and municipalities directly under the Central Government investigate and handle the following dispute cases:
(1) across the administrative regions of districted cities or autonomous prefectures;
(2) Where one of the parties to the dispute is a central state organ or a unit directly under it, and the land area involved is relatively large;
(3) Where one of the parties to the dispute is the military and involves a relatively large area of land;
(4) Those who have a relatively large influence within that administrative region;
(5) Assigned by the people's government at the same level, the Ministry of Land and Resources, or transferred by relevant departments.
Article 8: The Ministry of Land and Resources investigates and handles the following dispute cases:
(1) Assigned by the State Council;
(2) Has a major impact nationwide.
Article 9: Where a dispute over land ownership arises between the parties and cannot be resolved through consultation, they may submit an application for handling to the people's government at the county level or above or the people's government at the township level in accordance with law, and may also submit an application for investigation and handling to the relevant competent administrative department for land and resources in accordance with the provisions of Articles 5, 6, 7 and 8 of these Measures.
Article 10 Where an application is made to investigate and handle a dispute over land ownership, the following conditions shall be met:
(1) The applicant has a direct interest in the disputed land;
(2) Have a clear object of the request, specific handling of the request, and factual basis.
Article 11: Parties applying for investigation and handling of land tenure disputes shall submit a written application and relevant evidentiary materials, and submit a copy in accordance with the number of applicants.
The application shall state the following matters:
(1) The names or titles, addresses, postal codes, names and positions of the legal representatives of the applicant and the respondent;
(2) The matters, facts and reasons for the request;
(3) The witness's name, work unit, address, and postal code.
Article 12 A party may entrust an agent to apply for the investigation and handling of land tenure disputes on his behalf. Where an agent is retained to apply, a power of attorney shall be submitted. The power of attorney shall clearly state the matters and authority entrusted.
Article 13 The competent administrative department for land and resources shall examine the application submitted by the applicant for the investigation and handling of land ownership disputes in accordance with the provisions of Article 10 of these Measures, and submit an opinion on whether to accept it within 7 working days from the date of receipt of the application.
Where it is found that it should be accepted, a copy of the application shall be sent to the respondent within 5 working days from the date of the decision on acceptance. The respondent shall submit a statement of defence and relevant evidentiary materials within 30 days of receiving a copy of the application. Failure to submit a statement of defence within the time limit shall not affect the handling of the case.
Where it is found that it should not be accepted, a recommendation for inadmissibility shall be drafted in a timely manner, and reported to the people's government at the same level to make a decision on inadmissibility.
Where parties are dissatisfied with the decision of inadmissibility, they may apply for an administrative reconsideration or raise an administrative lawsuit in accordance with law.
Dispute cases assigned by the people's government at the same level or the competent administrative department for land and resources at a higher level or transferred by relevant departments shall be examined and handled in accordance with the relevant provisions of this article.
Article 14: The following cases are not accepted as dispute cases:
(1) Land infringement cases;
(2) Administrative region boundary dispute cases;
(3) Cases of land violations;
(4) Cases of disputes over the right to rural land contractual management;
(5) Other cases that are not regarded as disputes over land tenure.
Article 15: After the competent administrative department for land and resources decides to accept it, it shall promptly appoint an undertaker to investigate the facts in dispute between the parties.
Article 16: Where the undertaker has an interest in the disputed case, an application for recusal shall be made; where the parties find that the undertaker has an interest in the disputed case, they have the right to request the undertaker's recusal. Whether or not the undertaker recuses shall be decided by the competent administrative department for land and resources accepting the case.
Article 17: In the course of investigating and handling land tenure disputes, undertakers may investigate and collect evidence from relevant units or individuals. The unit or individual under investigation shall assist and truthfully provide relevant supporting materials.
Article 18: In the course of investigating and handling a dispute over land tenure, if the competent administrative department for land and resources deems it necessary to conduct an on-site investigation of the disputed land, it shall notify the parties and relevant personnel to the scene. When necessary, relevant departments may be invited to send personnel to assist in the investigation.
Article 19 The parties to a land tenure dispute bear the burden of proof for the facts and reasons submitted by each of them, and shall promptly provide relevant evidentiary materials to the competent administrative department for land and resources responsible for investigation and handling.
Article 20: When investigating and handling a disputed case, the competent administrative department for land and resources shall review the following evidentiary materials provided by both parties:
(1) Certificates issued by the people's government to determine land ownership;
(2) Documents approved by the people's government or competent department for the expropriation, allocation, or transfer of land, or otherwise approving the use of land;
(3) A written agreement reached by the parties to the dispute in accordance with law;
(4) Documents or drawings handled by people's governments or judicial organs in disputes;
(5) Other relevant supporting documents.
Article 21: The competent administrative departments for land and resources shall verify that the evidentiary materials provided by the parties are true before they can be used as a basis for determining the facts.
Article 22 Neither party may change the status quo of land use until the dispute over land ownership and use rights is resolved.
Article 23: The competent administrative departments for land and resources shall, on the basis of clarifying the facts and clarifying the ownership relationship, first mediate in dispute cases accepted, and urge the parties to reach an agreement through consultation. Mediation shall adhere to the principles of voluntariness and lawfulness.
Article 24: Where mediation reaches an agreement, a mediation document shall be drafted. The mediation statement shall state the following contents:
(1) The parties' names or titles, the legal representative's name, and position;
(2) The main facts of the dispute;
(3) The content of the agreement and other relevant matters.
Article 25: After the mediation document is signed or sealed by both parties, it shall be signed by the undertaker and affixed with the seal of the competent administrative department for land and resources.
An effective conciliation statement has the force of law and is the basis for land registration.
Article 26: The competent administrative department for land and resources shall, within 15 days of the effective date of the mediation document, deliver the mediation document to the parties in accordance with the relevant provisions of the Civil Procedure Law, and at the same time copy it to the competent administrative department for land and resources at the level above.
Article 27: Where no agreement is reached on mediation, the competent administrative department for land and resources shall promptly submit an investigation and handling opinion, and report it to the people's government at the same level for a decision on handling.
Article 28: The competent administrative departments for land and resources shall submit investigation and handling opinions within 6 months of accepting land tenure disputes. Where due to the complexity of the situation, it is not possible to submit an investigation and handling opinion within the prescribed time, it may be appropriately extended upon the approval of the principal responsible person of the competent administrative department for land and resources.
Article 29: Investigation and handling opinions shall include the following content:
(1) The parties' names or titles, addresses, and the names and positions of the legally-designated representatives;
(2) The facts, reasons and requirements of the dispute;
(3) The facts ascertained and the applicable laws, regulations, and other such bases;
(4) Draft conclusions on handling.
Article 30: After the competent administrative department for land and resources submits an opinion on investigation and handling, it shall be submitted to the people's government at the same level within 5 working days, and the people's government shall issue a decision on handling.
The opinions of the competent administrative departments for land and resources on investigation and handling shall be copied and reported to the competent administrative department for land and resources at the level above at the same time as they are reported to the people's governments at the same level.
Article 31: Where parties are dissatisfied with a disposition decision made by the people's government, they may apply for an administrative reconsideration or raise an administrative lawsuit in accordance with law.
Within the prescribed time, the parties do not apply for administrative reconsideration or initiate administrative litigation, and the handling decision becomes legally effective.
Effective disposition decisions are the basis for land registration.
Article 32: Where, in the course of investigation and handling disputes over land tenure, the staff of the competent administrative department for land and resources neglect their duties, abuse their powers, or engage in malpractices for personal gain, thus constituting a crime, criminal responsibility shall be pursued in accordance with law;
Article 33: Township-level people's governments handling disputes over land tenure shall be implemented with reference to these Measures.
Article 34: The format of documents for the investigation and handling of disputed cases is to be uniformly formulated by the Ministry of Land and Resources.
Article 35: The costs of investigating and handling dispute cases are to be carried out in accordance with relevant National provisions.
Article 36: These Measures take effect on March 1, 2003. The Interim Measures for the Handling of Land Tenure Disputes promulgated by the former State Land Administration on December 18, 1995 shall be abolished at the same time.
Lawyer Shan Yun in Beijing