What is land ownership in China?

In China, land ownership means that the land owner has the right to possess, use, benefit from and dispose of land. Land ownership is divided into two categories: state-owned land (or state land) and collectively owned land (or collective land). There are specific provisions on land ownership in several key Chinese laws and regulations (Readers can find the specific provisions on land ownership in Article 10 of the Constitution of the People's Republic of China ("Constitution") ("PRC"), Article 47, 48, 58, 59, 60 of the Property Law of the PRC ("Property Law"), Article 8 of the Land Administration Law of the PRC ("Land Administration Law") and Article 2, 4 of the Implementing Regulation of the Land Administration Law of the PRC ("Implementing Regulation of Land Administration Law").

In China, urban land is owned by the state, and rural and suburban land, which is stipulated otherwise by law to be state land, is owned by the state too. Collective land is owned by the rural collective economic organization ("CEO"), which is roughly tantamount to the entire rural land and most of suburban land. Therefore, roughly, if you are on city land, you can assume that the land is state-owned. However, bear in mind that this assumption is not always the case. As China is emerging as a new market, the city is physically expanding at a rocket pace in the suburban areas, but the land in cities still remains in collective hands from a legal perspective. At the same time, some land in rural area, such as state-owned farms, is owned by the state.

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