Are there of any practical meaning to differentiate state land from collective land in China?

Answer 1

China has dual land tenure system. Land ownership is separate from land use rights. Land ownership is divided into two categories: state-owned land and collectively owned land. In other words, the land is either owned by the state or the collective economic organization ("CEO"). There are legal implications to differentiate the state land from collective land. Under Chinese law, unless a piece of collective land is requisitioned, i.e., it is converted from the collective land to state land upon approval by the government at provincial level or above, it is not permitted to be used for commercial projects such as office buildings, condominiums or industrial complex. Under Article 43 of the Land Administration Law of the People's Republic of China, any entities and individuals that need to use land for construction must apply for the use of state land; however, in the following cases the land user is not required to use state land: The use of collective land for the establishment of rural and township enterprises; and the construction of residential housing by villagers or the construction of village or township public facilities and public interest facilities subject to approval by government authorities.