Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China (hereinafter referred to as the Land Administration Law) and combined with the actual situation of our province.
Article 2 All land within the administrative area of our province shall be managed in accordance with the Land Management Law and these Measures.
Article 3 People's governments at all levels must maintain public ownership of land, implement the policy of cherishing and rationally utilizing land, make overall plans, strengthen management, protect, develop and rationally utilize land resources, and stop indiscriminate occupation of cultivated land and abuse of land.
The construction land of cities, towns and villages should be combined with the transformation of old cities, towns and villages, and the original construction land and academy should be fully utilized.
Article 4 Local people's governments and administrative offices at or above the county level shall set up land management agencies to uniformly manage the land within their respective administrative areas. The institutional setup of municipal districts shall be determined by the municipality according to the actual situation.
Township land management is the responsibility of the township (town) people's government, and the land administrator designated by the county-level people's government specifically undertakes it.
Enterprises and institutions such as agriculture, forestry, animal husbandry and fishery with a land area of more than 5,000 mu shall determine a special person to handle the land management of their own units, and their business shall be guided by the local land management department.
Chapter II Confirmation and Change of Land Ownership
Fifth collectively owned land shall be registered and issued by the people's government at the county level to confirm the ownership. State-owned land used by units under ownership by the whole people, units under collective ownership and individuals according to law shall be registered and issued by local people's governments at or above the county level to confirm the right to use it.
Article 6 Anyone who changes the ownership and use right of land according to law must go through the registration formalities for the change of land ownership and issue a new certificate.
Because of the sale and transfer of houses and other attachments on the ground, the change of land ownership and use right should be handled at the same time.
Article 7 Land belonging to peasant collectives under any of the following circumstances shall be recovered by the land ownership unit and arranged separately; Belonging to the state, the land management department shall report to the people's government at or above the county level for approval, recover the land use right of the land-using unit, and cancel the use certificate:
(a) the land originally contracted by the personnel who turned from agricultural registered permanent residence into a town other than agricultural registered permanent residence;
(two) the homestead vacated after the relocation;
(three) without the consent of the original approval authority, it has not been used for two consecutive years;
(four) not according to the approved use;
(five) the land unit has been revoked or moved;
(six) railways, highways, airports, mines, water conservancy, hydropower projects and other approved scrapped.
Chapter III Utilization and Protection of Land
Eighth construction land shall be strictly controlled according to the annual land use plan issued by the state, and no breakthrough shall be made.
Ninth land management departments of local people's governments at or above the county level shall establish land statistics and cadastral management system. All units of collective land and users of state-owned land shall submit land statistics and explanations to the land administration department of the local people's government in accordance with regulations.
Article 10 Local people's governments at all levels shall work out overall plans for land use and submit them to the people's governments at higher levels for approval.
Eleventh agricultural restructuring should strictly control the occupation of cultivated land, and it is not allowed to plant fruit trees, plant trees and dig fish ponds on contracted cultivated land without authorization.
If it is necessary to occupy cultivated land for planting fruit trees, planting trees and digging fish ponds due to the adjustment of agricultural structure, the villagers' committee shall prepare an adjustment plan, which shall be audited by the township (town) people's government and reported to the people's government at a higher level for approval.
Twelfth development of state-owned barren hills, wasteland, beaches, etc. First, for agriculture, forestry, animal husbandry and fishery production, the area of less than 300 acres, reported to the people's government at the county level for approval; More than three hundred acres, less than five hundred acres, submitted to the administrative office, the provincial people's government for approval; More than five hundred acres, the provincial people's government for approval.
Thirteenth urban and rural non-agricultural construction land, where there are wasteland, barren hills, poor land can be used, shall not occupy cultivated land and fertile land; Famous, special and excellent agricultural product bases shall not be requisitioned unless they are in special need.
Strongly advocate cremation. For the burial of the dead of Hui and other ethnic minorities with burial habits, cemeteries should be established in designated barren hills and wasteland or buried on the spot, and graves such as fertile fields and dams should not be occupied.
Fourteenth construction land after the approval of the allocation, not used for a full year, by the city and county (city) people's government land management department according to the annual output value of the collection of barren fees; If the contracted collective cultivated land is barren for one year, the villagers' committee or the township (town) people's government shall charge a barren fee according to two to three times the annual output value.
Measures for the collection and use of barren fees shall be formulated by the people's governments of cities and counties (cities).
Fifteenth new brick kiln factory, should make full use of barren hills and wasteland, strictly control the occupation of cultivated land. If it is really necessary to occupy cultivated land, measures should be taken to effectively resume farming or engage in other production.
Sixteenth due to the exploitation of underground mineral deposits, resulting in ground subsidence, land units should be based on the degree of subsidence and crop yield reduction, pay the loss of units or individuals land leveling fees and production reduction subsidies. If the ground attachments cause damage, reasonable compensation shall be given according to the degree of damage. The farmland that cannot be cultivated after the collapse shall be requisitioned by the mining party, and if the village needs to be relocated, the mining party shall go through the demolition procedures before the collapse.
The compensation standards for various expenses shall be stipulated by the people's governments of cities and counties (cities).
After expropriation, the subsided land, borrow pit, abandoned ash storage yard, tailings pond and waste residue yard shall be comprehensively managed by the people's governments at or above the county level, and arranged by the land-expropriated units and neighboring townships (towns) and villages for rational utilization. Land acquisition units need some construction land, which can be given priority.
Chapter IV Land for National Construction
Article 17 State-owned land may be used or collectively-owned land may be requisitioned according to the needs of national construction. The contracted business units and individuals of the expropriated land shall obey the needs of the state and shall not obstruct them.
Procedures for requisitioning land for national construction:
(1) land application. Land units hold the design task book or capital construction plan approved by the planning department, and apply to the land management department of the people's government of the city or county (city) where the land is expropriated. Other special land that does not belong to the nature of infrastructure should apply for land acquisition with the relevant approval documents of the competent authorities at or above the county level.
Requisition of land within a planned urban area must be examined and approved by the local competent department of urban planning administration in advance.
Land requisition involving rivers, beaches, forests, lakes, large and medium-sized water conservancy projects, highways, railways and other important facilities shall obtain the consent of the relevant competent departments.
(two) to determine the land acquisition area and compensation and resettlement plan. After the approval of land acquisition, the land unit shall submit the construction land plan and environmental impact report (table) to the land management department for examination and approval, and determine the compensation and resettlement plan. The land administration department of the local people's government shall preside over the land acquisition unit to sign a formal agreement with the land acquisition unit to pay the land acquisition fee.
(three) to handle the formalities of agricultural tax relief for cultivated land occupation (exemption) and taxable land.
(4) Allocating land. After the application for land acquisition is approved, the land management department of the people's government of the city or county (city) shall allocate land in one lump sum or by stages according to the construction progress, issue land use certificates, and urge the land-expropriated units to hand over the land on time.
The cost of land acquisition for construction projects shall be uniformly managed by the land administration department of the local city and county (city) people's government.
Eighteenth new construction, widening and rebuilding of highway and railway land, the examination and approval procedures, compensation and subsidy standards, according to the "land management law" and these measures.
Nineteenth land requisition approval authority:
(a) the expropriation of more than one thousand acres of arable land and other land of more than two thousand acres, reviewed by the provincial people's government, reported to the State Council for approval.
(2) Requisition of cultivated land of more than 10 mu but less than 1,000 mu; Other land of more than 20 mu and less than 2000 mu shall be audited by the administrative office and the municipal people's government under the provincial jurisdiction and submitted to the provincial people's government for approval.
(3) Requisition of cultivated land of more than three mu and less than ten mu; Other land 10 mu but less than 20 mu shall be audited by the people's government at the county level, reported to the administrative office and the people's government of the city under the provincial jurisdiction for approval, and reported to the provincial land management department for the record.
(four) the expropriation of arable land of less than three acres, other land of less than ten acres, by the land management department of the people's government at the county level audit, reported to the county (city) people's government for approval, and reported to the land management department at the next higher level for the record.
(five) the expropriation of land in the subsidence area, less than 200 acres, approved by the local administrative office and the provincial people's government, and submitted to the provincial land management department for the record; More than two hundred acres, the provincial people's government for approval.
If a construction project needs to requisition land, it shall be submitted for approval at one time in accordance with the overall design, and shall not be broken into parts. Projects built by stages shall be requisitioned by stages and shall not be used after requisition.
The municipal people's government under the provincial jurisdiction does not exercise the power of examination and approval of land requisition (allocation) within the urban planning area.
Twentieth land compensation standards:
(a) the expropriation of cultivated land and vegetable fields shall be compensated by five to six times the average annual output value of the three years before the expropriation.
(2) Requisition of fish ponds, lotus ponds, reed ponds, water chestnut ponds, shrubs, grasslands, woodlands, medicinal herbs, etc. According to five times the average annual output value of the previous three years.
(3) Requisition of orchards, tea gardens, mulberry gardens, etc. Six times the average annual output value of the previous three years; The garden that has not been harvested shall be compensated by five times the average annual output value of the local paddy field or dry land in the first three years, plus the cost of seedling raising.
(4) Requisition and reclamation of land less than three years old shall be compensated according to two to three times the average annual output value of that year; Farming for more than three years, compensation according to cultivated land.
After consultation, seedlings planted by surprise and buildings built by surprise after land acquisition will not be compensated.
Whether the coal mining areas that have been included in the mining plan can carry out non-agricultural construction and afforestation on the ground shall be specifically stipulated by the municipal and county (city) people's governments.
Twenty-first resettlement subsidy standards:
If cultivated land, vegetable fields, gardens, medicinal herbs and woodlands are requisitioned, the resettlement subsidy standard for each agricultural population in need of resettlement shall be three times the average annual output value of the cultivated land, vegetable fields, gardens, medicinal herbs and woodlands in the first three years.
Requisition of fish ponds and grasslands is 2.5 times of the average annual output value of fish ponds and grasslands in the first three years per mu.
The expropriation of the lotus pond, the reed pond and the shrub grass mountain is twice the average annual output value of the lotus pond, the reed pond and the shrub grass mountain in the first three years per mu.
Article 22 If the land compensation fees and resettlement subsidies paid in accordance with these Measures cannot maintain the original living standard of the agricultural population in need of resettlement, the resettlement subsidies may be appropriately increased with the approval of the provincial people's government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 20 times the average annual output value of the expropriated land in the first three years per mu.
Twenty-third young crops compensation standard:
(a) the compensation standard for young crops in the expropriated cultivated land is based on the output value of crops in the current season; Perennial crops according to their annual output value; No seedlings, no compensation.
(2) fry that have been stocked for more than two years shall not be compensated; Less than two years, according to two to three times the fee for stocking fry compensation.
(three) timber forest, the average DBH of the trunk is more than 20 cm, and the compensation standard is 10% to 20% of the actual volume value at the time of expropriation; The average DBH of the trunk is 5 cm to 20 cm, and the compensation shall be 60% to 80% of the actual volume value at the time of requisition; The compensation standard for young trees and bamboo forests with an average DBH below 5 cm shall be stipulated by the municipal, county and municipal people's governments.
(four) the trees planted by citizens on state-owned land and the scattered small trees in front of and behind the house can be transplanted, and the transplantation fee shall be borne by the land unit; If it cannot be transplanted, the compensation standard shall be stipulated by the people's government of the city or county (city).
Twenty-fourth strictly control the requisition of vegetable bases. Because of special circumstances, it is really necessary to requisition, in addition to the examination and approval authority, a new vegetable base must be implemented, and the new vegetable base development fund must be paid according to the regulations.
Twenty-fifth to recover the state-owned land cultivated by farmers, without paying land compensation fees. If there are young crops, pay the compensation fee for young crops. If the farming time is more than ten years and the recovery directly affects the lives of farmers, the difficult subsidy will be paid according to the resettlement subsidy standard.
Twenty-sixth national construction requisition (allocation) of land for the demolition of houses and their attachments, the construction unit shall pay the demolition compensation to the units or individuals to be demolished, and the compensation standard shall be stipulated by the municipal and county (city) people's governments.
Twenty-seventh land acquisition units shall not, in addition to the "land management law", the relevant provisions of the State Council and the provisions of these measures, put forward additional compensation and subsidies in any name and excuse.
Article 28 All compensation fees and resettlement subsidies for land requisition shall be paid by the township (town) people's government for organizing the land-expropriated units to develop production and resettling the living allowances for the unemployed and unemployed, except for personal appendages and young crops compensation fees on the land requisitioned. No unit or individual may occupy or misappropriate.
Farmers in land-expropriated units do have a skill and are willing to find their own jobs. Upon my application, with the approval of the people's governments of townships and towns, I can give some subsidies in proportion from land compensation fees and resettlement subsidies.
Land management, finance, auditing and other departments of local people's governments at all levels shall supervise the use of land acquisition compensation, resettlement subsidies and development funds for new vegetable bases.
Twenty-ninth surplus labor caused by land requisition for national construction, according to the relevant provisions of the state. When land-using units are approved by the state for recruitment, they can give priority to recruiting some eligible landless farmers for employment. At the same time, the corresponding resettlement subsidies will be transferred to the units that absorb labor. The index of recruiting landless farmers shall be issued by the city and county (city) according to the annual reply of the Provincial Labor Bureau, and the specific recruitment methods and conditions shall be stipulated separately by the Provincial Labor Bureau.
Thirtieth according to the planning requirements need to bury telephone poles, towers, cables, pipelines and other facilities to occupy land, only to compensate for the loss of young crops, individual occupies a larger area as appropriate.
Thirty-first expropriation of taxable land, according to the provisions of the state, agricultural tax relief.
Thirty-second due to flood control, military operations and other emergencies, you can use temporary land first, and report to the local city and county (city) people's government; If it needs to be used for a long time, the requisition procedures should be handled according to the regulations.
Thirty-third state-owned agricultural, forestry, animal husbandry, fishing grounds and other units need land for non-agricultural construction, and go through the examination and approval procedures in accordance with the provisions of these measures.
The fifth chapter township (town) village construction land
Thirty-fourth township (town) village construction must be carried out according to the plan. If there is no plan or the plan is not approved, the cultivated land shall not be occupied for construction.
Thirty-fifth meet one of the following conditions, you can apply to the village (group) for homestead:
(a) unified planning and construction of residential villages (residential) need to be rearranged;
(two) the area of the old house base is lower than the prescribed standard, and some children have reached the age of marriage, which really needs to be separated;
(3) Retired national staff, military cadres and workers who have been approved to settle in their hometowns have no housing and need new housing.
Thirty-sixth homestead area standard:
(a) suburbs, rural market towns and polder areas, each household shall not exceed 160 square meters;
(two) Huaibei plain area, each household shall not exceed 220 square meters;
(three) in mountainous and hilly areas, the use of barren hills and wasteland to build houses, each household shall not exceed 300 square meters; The cultivated land occupied by each household shall not exceed160m2;
Villagers should make full use of the original homestead, non-cultivated land inside and outside the village. Each household can only have one residence. Rental or sale of houses will no longer be granted to homesteads.
Thirty-seventh township (town) village enterprises to apply for construction land, must be attached to the construction project documents approved by the local people's governments at or above the county level, in accordance with the provisions of Article nineteenth of these measures for approval. Construction in a planned urban area must be accompanied by the audit opinions of the local urban planning management department.
Thirty-eighth township (town) village public facilities, public welfare undertakings need to use collective land, by the people's government at the township level audit, submitted to the county (city) people's government for approval. The use of more than three acres of arable land, the administrative office, the provincial people's government for approval.
If the township (town) village construction approves the use of collectively owned cultivated land according to law, it shall pay the farmland occupation tax according to law, which belongs to the agricultural tax.
Thirty-ninth township (town) villages and villagers' groups set up enterprises, public facilities and public welfare undertakings to use land collectively owned by farmers, and should properly arrange farmers' production and life. And make compensation according to the following standards:
(a) the use of cultivated land and vegetable fields by enterprises shall be compensated by four to five times the average annual output value of the previous three years; The use of other land, according to its average annual output value of three to four times the compensation.
(two) the use of cultivated land and vegetable fields by public facilities and public welfare undertakings shall be compensated by two to three times the average annual output value of the previous three years; If other land is used, it shall be compensated by twice the average annual output value of the previous three years.
(3) Where a village or villagers' group uses the land collectively owned by the unit to set up enterprises, build public facilities and public welfare undertakings, the contractor shall appropriately compensate the young crops fee and land investment.
Fortieth rural specialized households, individual industrial and commercial households and economic associations need to use land for non-agricultural production, they should apply to the land management department with the documents approved by the county (city) commercial department, and conduct examination and approval according to the examination and approval authority. The compensation standard shall be stipulated by the people's government of the city or county (city).
Users are not allowed to transfer without permission. If the use is stopped, the farming conditions shall be restored and the land units shall be returned within a time limit.
Forty-first farmers need land to build houses when they enter a market town to work or do business, and the township (town) people's government shall apply for land in accordance with the planning and site selection, and report to the local people's government at or above the county (city) for approval. The compensation standard can be appropriately reduced with reference to the national construction land. The term of land use and specific compensation standards shall be stipulated by the people's government at the county level.
Chapter VI Reward and Punishment
Forty-second units and individuals that meet one of the following conditions shall be commended and rewarded by local people's governments at or above the county level:
(a) have made remarkable achievements in land management according to law;
(2) Making significant contributions to rational planning, land conservation, protection of cultivated land and development of land resources;
(three) engaged in land scientific research and technology promotion has made remarkable achievements.
Forty-third in the process of land requisition and use, if either party fails to implement the land requisition and use agreement and the ruling of the land management department according to law, which causes economic losses to the other party, it shall compensate for the losses; If the circumstances are serious, the relevant responsible persons shall be given administrative sanctions by their units or higher authorities.
Forty-fourth unauthorized shovel destroyed near-mature crops, in addition to compensation for losses, impose a fine of less than twice the value of the shoveled crops. If the losses are serious, the relevant responsible persons shall be given administrative sanctions by their units or higher authorities.
Article 45 The fines stipulated in Articles 43, 44, 47, 49, 50 and 51 of the Land Management Law shall be implemented according to the following standards:
(a) illegal occupation of land without approval or by deception, shall be ordered to return the illegally occupied land, dismantle or confiscate the newly built buildings and other facilities on the illegally occupied land within a time limit, and impose a fine of not less than 3,000 yuan per mu of 500 yuan.
(two) the sale, lease or other forms of illegal transfer of land, in addition to the confiscation of their illegal income, and may impose a fine of 20% to 50% of their illegal income;
(3) Those who illegally occupy, misappropriate or privately divide the funds compensated or subsidized by the land-expropriated units may be ordered to make restitution and may be fined 20% to 50% of the illegally occupied funds;
(four) if the temporary land is not returned at the expiration of the period, and the land use right is recovered according to law, it shall be ordered to return and impose a fine of 200 to 500 yuan per mu;
(five) the development of land, resulting in land desertification, salinization, soil erosion, in addition to being ordered to control within a time limit, you can also impose a fine of 100 yuan to 300 yuan per mu.
The above punishment shall be decided by the land administration department of the local people's government at or above the county level. If the parties and the person in charge of the unit are dissatisfied with the punishment decision, they may appeal to the land management department at the next higher level; The land management department at a higher level shall make a timely ruling, and if it refuses to accept the ruling, it may bring a lawsuit to the local people's court within 30 days from the date of receiving the notice of ruling. If neither prosecution nor performance is made within the time limit, the organ that made the decision on punishment shall apply to the local people's court for compulsory execution.
The fine shall be collected by the land management department and handed over to the financial department in accordance with the regulations.
Forty-sixth land acquisition, land users have given compensation and subsidies in accordance with the provisions of these measures, the land acquisition units (households) shall promptly hand over the land and dismantle the ground buildings and other facilities, and refuse to hand over and dismantle them on time, compulsory execution.
Article 47 Land managers who engage in malpractices for personal gain, corruption and bribery in the process of requisition, allocation of land, change of land ownership and use right, and settlement of disputes over land ownership shall be given administrative sanctions by their units or the competent department at a higher level. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 48 These Measures shall be implemented as of 1 March, 9881day. The 1982 "Implementation Measures for Land Requisition for National Construction in Anhui Province" and "Implementation Measures for the Management of Rural Construction Land in Anhui Province" approved by the 15th meeting of the Standing Committee of the Fifth Provincial People's Congress on September 27th shall be abolished at the same time. The relevant land management measures and regulations promulgated by the provincial people's government in the past, which are inconsistent with these measures, shall be implemented in accordance with these measures. The specific issues in the application of these Measures shall be interpreted by the Provincial Bureau of Land Management.
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