We must effectively protect the land for grain production. All kinds of non-agricultural construction should try not to occupy or occupy less cultivated land.
It is strictly forbidden for any unit or individual to occupy, buy, sell, lease, mortgage or illegally transfer land in other forms. Article 3 The land administration departments of local people's governments at or above the county level shall be in charge of unified land administration within their respective administrative areas in accordance with the National Land Administration Law and these Measures, and shall be responsible for organizing and supervising the implementation of the National Land Administration Law and these Measures.
The township (town) people's government is responsible for the land management within its administrative area. The establishment of township (town) land management personnel shall be stipulated by the provincial people's government. Article 4 All units and individuals in our province have the right to report and control violations of land management laws and regulations. Chapter II Ownership, Use and Protection of Land Article 5 Urban land belongs to the whole people, that is, the state.
Land in rural areas and suburban areas belongs to the collective, except that it is owned by the state according to the law; Homestead, private plots and private hills are all collectively owned.
State-owned land can be used by units owned by the whole people or collectively owned units according to law, and state-owned land and collectively owned land can be used by individuals according to law. Article 6 Where the ownership of land is changed according to law, an application must be submitted to the land management department at the county level where the land is located, and the people's government at or above the county level shall approve it to confirm its ownership or right to use. Except for the internal change of contracted land use right of agricultural collective economic organizations.
Any unit or individual in urban and rural areas must go through the formalities for the change of land use rights after buying, selling or transferring houses and other buildings. Article 7 All kinds of non-agricultural construction land shall be controlled by planned indicators, and the provincial land management department shall prepare planned control indicators according to state regulations and submit them to the provincial people's government for approval. The annual plan indicators shall not be exceeded, and the use shall be postponed. Eighth urban and rural construction departments under the guidance of the overall urban planning, according to the zoning planning and construction plan approved by the people's government at the same level, apply to the land management department for unified land acquisition and construction, and the land management department will allocate funds by stages according to the progress of the project. Urban and rural construction departments (comprehensive development units) carry out supporting construction of houses and various municipal, public and living service facilities in accordance with the approved development plan. Community construction land shall not be changed. Without comprehensive development of residential land, no development fee shall be charged.
The land management department shall supervise the development and construction of urban residential areas. After the residential area is completed, the land use right shall be handed over to the land management department in accordance with relevant regulations. Ninth urban construction should be combined with the transformation of old towns, and make full use of the original land of old towns. If the land in the old city can be used or can be used after transformation, the newly occupied cultivated land shall not be expanded outward. Article 10 With the approval of the people's governments at or above the county level, state-owned barren hills, wasteland and beaches that are developed for agricultural, forestry, animal husbandry and fishery production may be designated for use by development units or individuals. Article 11 Units and individuals contracted to operate land shall rationally utilize and protect the land according to the purposes agreed in the contract. Without approval, it is not allowed to build houses on private plots, private hills and contracted land, and it is not allowed to destroy cultivated land, borrow soil, make bricks and tiles, dig sand and gravel or mine.
It is forbidden to build graves on cultivated land. Twelfth construction land within six months after the official allocation did not break ground, as wasteland. All units and individuals that cause land waste shall pay the land waste fee. Chapter III Examination and Approval of Construction Land Article 13 National examination and approval procedures for construction land:
(a) the construction unit to the construction plan or other documents approved by the competent department of the State Council or the people's government at or above the county level, in accordance with the national capital construction procedures, to the land management department of the people's government at or above the county level for site selection. Where the construction land is within the urban planning area, the consent of the competent department of urban planning administration shall be obtained.
(2) The construction unit holds the approved design task book, general plan, annual infrastructure plan issued by the planning department, compensation and resettlement agreement, environmental quality evaluation book and other documents, and formally declares the construction land to the land management department at the county level where the construction land is located.
(3) The construction unit holds the approval document for construction land, and pays all compensation fees and resettlement subsidies in accordance with the regulations. After the personnel resettlement plan is implemented, the land management department will allocate the land at one time or by stages. Fourteenth national construction land examination and approval authority:
(1) Three mu of cultivated land (including three mu) and ten mu of other land (including ten mu) approved by the people's government at the county level.
(2) The cultivated land approved by the people's governments of provinces, autonomous prefectures and regional administrative offices (entrusted by the provincial people's government, the same below) is more than three mu to ten mu, and other land is more than ten mu to thirty mu. Among them, the cultivated land approved by Chongqing Municipal People's Government and Chengdu Municipal People's Government is more than three mu to twenty mu, and other land is more than ten mu to sixty mu.
(three) more than the examination and approval authority stipulated in the second paragraph, less than one thousand acres of arable land, other land less than two thousand acres, approved by the provincial people's government.
Within the above-mentioned examination and approval authority, if the sum of cultivated land and other land exceeds the examination and approval limit of other land, it must be reported to the people's government at a higher level for approval.
The land needed for construction projects shall be submitted for approval at one time according to the overall design, and shall not be used separately. Projects built by stages shall be requisitioned by stages and shall not be used after requisition.
The land for the construction of railways, highways and oil (gas) pipelines can be approved by the county.