Article 1
This Law is formulated in order to strengthen the administration of the urban real estate, maintain the order of real estate market, protect the legitimate rights and interests of real estate obligees and promote the sound development of real estate business.
Article 2
Obtaining the land-use right for development of real estate, engaging in development of real estate and transaction of real estate, and exercising administration of real estate in the State-owned land within a planned urban district in the People's Republic of China (hereinafter referred to as the State-owned land) shall comply with this Law.
"Houses" as used in this Law means buildings and structures such as houses on the land.
"Development of real estate" as used in this Law means acts of building infrastructure and houses on the State-owned land, the land-use right for which has been obtained in accordance with this Law.
"Transaction of real estate" as used in this Law includes transfer of real estate, mortgage of real estate and lease of houses.
Article 3
The State shall practise a compensatory and terminable system for the use of State-owned land in accordance with the law, however, allocation of the land-use right by the State under this Law shall be excepted.
Article 4
The State shall, based on the social and economic development, support the development of construction of residential houses so as to gradually improve the housing conditions of residents.
Article 5
Obligees of real estate shall abide by the laws, administrative rules and regulations and pay taxes according to law. The legitimate rights and interests of the obligees of real estate shall be protected by law and shall not be infringed by any units or individuals.
Article 6
For public interests, houses of units or individuals on the State-owned land may be expropriated by the State, compensations for their resettlement shall be paid according to law, and their lawful rights and interests shall be protected; and where the housings of individuals are expropriated, their living conditions shall be guaranteed. The specific measures in this regard shall be formulated by the State Council.
Article 7
The department of construction administration and the department of land administration under the State Council shall, in accordance with the division of functions and powers prescribed by the State Council, attend to their own duties, act in close coordination and manage the work concerning real estate of the whole country.
Institutional structures, and functions and powers of the departments of housing administration and land administration under the people's governments at or above the county level shall be determined by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.
Article 8
Granting of the land-use right refers to acts that the State grants land users the right to use the State-owned land (hereinafter referred to as the land-use right) for a certain number of years and the users shall pay the State a granting fee for the land-use right.
Article 9
The land-use right for the collective-owned land within a planned urban district may be granted with payment only after it is requisitioned in accordance with the law and turned into State-owned land.
Article 10
Granting of the land-use right must conform to the overall planning for land utilization, urban planning and the annual plan for land to be used for construction.
Article 11
Where the local people's governments at or above the county level grant land-use right for development of real estate, they must, based on the quota set by the people's governments at or above the provincial level, draw up plans for the total area for annual granting of the land-use right, which shall, according to the regulations of the State Council, be reported to the State Council or the provincial people's government for approval.