On June 30th, the 14th meeting of the Central Committee for Comprehensively Deepening Reform deliberated and adopted the Pilot Program for Deepening the Reform of Rural Homestead System (hereinafter referred to as the Program).
The meeting pointed out that to deepen the reform of rural homestead system, we should actively explore specific paths and methods to implement collective ownership of homestead, safeguard farmers' qualification rights and farmers' housing property rights, moderately liberalize the right to use homestead and farmers' houses, resolutely hold the three bottom lines of unchanged public ownership of land, unbroken red line of cultivated land and no damage to farmers' interests, and realize, safeguard and develop farmers' rights and interests.
At present, the "Program" has not yet been announced, and it is still unknown in which areas the reform of the homestead system will be broken. However, from the practice of various places, the reform pilot at this stage mainly explores the paid use system of homestead, explores the voluntary paid withdrawal mechanism of homestead, improves the protection and acquisition methods of homestead rights and interests, and improves the homestead management system.
The reporters of 265438+20th Century Business Herald found that around the two cores of "paid use" and "paid withdrawal", reform attempts in various places are constantly being carried out, and some measures have even greatly broken through the restrictions of existing laws, which can be described as "ahead of schedule".
Expand the scope of the pilot
According to the response of the Ministry of Agriculture and Rural Affairs to recommendation 2004/2005. The Second Session of the 13th National People's Congress 292 1 The pilot reform of residential land around the country mainly explores the separation of ownership, qualification and use right of residential land (that is, collective ownership of residential land is implemented, farmers' qualification rights and housing property rights are guaranteed, and the right to use residential land and farmers' housing is moderately liberalized).
Among them, with the use of idle homestead as the starting point, the pilot scope of homestead reform has been expanding.
In 20 15, the former Ministry of Land and Resources carried out the pilot reform of "three plots of land" in 33 regions of the country, but at that time, only one reform was explored in each pilot county, and only 15 counties piloted the homestead reform. After September 2065438+2006, the Ministry of Land and Resources began to try linkage reform in the pilot areas, trying to get through the "three plots" reform, and the homestead reform pilot began in 33 areas at the same time.
2065438+September 2009, Minister of Agriculture and Rural Affairs Han Changfu said that the next step would be to select a number of counties and cities as pilot projects to deepen the reform of homestead according to the principle of prudent advancement. The focus of the reform is to explore the implementation of collective ownership of homestead, protect the qualification rights of homestead farmers, and moderately liberalize the right to use homestead.
On June 5438+ 10 of the same year, the Ministry of Agriculture and Rural Affairs issued the Notice on Actively and Steadily Carrying out the Revitalization and Utilization of Rural Idle Homestead and Idle Houses, requiring all localities to select a number of areas that local party committees and governments attach importance to, rural collective economic organizations are sound, rural homestead management is standardized, rural industries are well developed, and farmers' enthusiasm is high, and carry out pilot demonstrations on the revitalization and utilization of rural idle homesteads and idle houses in an orderly manner.
In May, 2020, Shaanxi and Anhui successively announced that they would start to carry out pilot demonstrations on the revitalization and utilization of rural idle homesteads and idle houses in 12 and 18 counties (cities, districts). Previously, there were only Jinzhai County, Anhui Province and Xi Gaoling District, Shaanxi Province, which were one of the 33 pilot areas of "three plots" reform.
Revitalize management in various ways
Why are all localities scrambling to expand the pilot scope of homestead reform? This is related to the reform ideas behind it.
There are two main ideas about how to revitalize idle homestead. One is to use idle houses and homesteads to develop industries with rural characteristics, such as leisure agriculture, rural tourism, catering and accommodation, and cultural experience.
The other is to carry out the renovation of rural idle homesteads through consolidation, reclamation, greening, etc., and use policies such as linking the increase and decrease of urban and rural construction land and the entry of collective construction land into the market according to laws and regulations.
The former has obvious demand in areas with high urbanization and areas with prominent "anti-urbanization". In some developed areas, such as Beijing, because the policy of revitalizing idle homesteads was formulated earlier and the market demand was greater, the leasing industry of idle homesteads and rural houses appeared.
In recent years, a number of information platforms and enterprises have appeared in Beijing, Shanghai and other places to provide idle farmhouses for rent. Not only provide rental information services, but also deeply participate in the renovation and maintenance of rural houses. There are even platforms that sign long-term lease contracts with farmers or collective organizations before providing leases to the market.
A person in charge of an idle farm house rental platform in Beijing once told reporters that many measures have been taken to deal with the problems of house ownership and homestead use right.
One is to lease part or all of the homestead to farmers, and the house is demolished or rebuilt at the company's expense, and the ownership of the house is given to farmers free of charge after the expiration of the cooperation period.
Second, the modification is funded by farmers themselves, of which the former is more popular with cooperative farmers.
For the latter model, because it involves the transformation of homestead and urban construction land, the secondary land market and the poor distribution of land income, it is considered to be able to significantly increase local fiscal revenue, so it has attracted more attention from all walks of life.
20 19 the Central Committee of the Communist Party of China and the State Council put forward in the Opinions on Establishing and Perfecting the System, Mechanism and Policy System of Urban-Rural Integration Development that village collectives are allowed to convert idle homestead and abandoned collective public welfare construction land that have been used for compensation into collective management construction land on the premise of farmers' voluntary.
In April this year, the Central Committee of the Communist Party of China and the State Council issued the Opinions on Building a More Perfect System and Mechanism for Market-oriented Allocation of Elements, clearly proposing to implement an annual regulation system for the total amount of construction land, enhancing the flexibility of land management and promoting the rationalization of land planning indicators. The provincial government should be more responsible for the use of urban and rural construction land indicators; Explore the establishment of a nationwide cross-regional trading mechanism for construction land and supplementary cultivated land indicators.
In the eyes of some market participants, the launch of two consecutive heavy documents has broken through the institutional and institutional obstacles of forming construction land indicators through the reclamation of idle homesteads and then entering the market through the national trading mechanism, thus increasing the supply of urban construction land, enhancing the land value in land-rich areas and increasing local land income.
A typical example of this thinking is the reform of the land ticket system in Chongqing since 2008. Land ticket refers to the index produced after rural collective construction land including rural homestead reclamation. After the "land ticket" transaction is carried out by Chongqing Rural Land Exchange, most of the income goes to farmers' families, and the land tickets purchased by enterprises can be included in the new construction land plan to increase the same amount of urban construction land.
Since then, Zhuji, Zhejiang and other places have also tried to reform the land ticket system from 20 17. Farmers who withdraw from the land can even directly mortgage the purchase price of commercial housing.
Shanghai took the lead in launching the "equity" attempt of homestead in China. In the pilot project of homestead transfer in nanqiao town, Fengxian District, Shanghai, residents who quit the homestead and choose to live in a relatively concentrated place can choose to receive compensation funds directly or participate in investment projects with funds to ensure the rate of return is not less than 5%. The local government at the town level has set up a company specializing in the equity of homestead, which will cover the project income.
Some rural land researchers predicted to the reporter of 2 1 Century Business Herald that the "Plan" may make some policy arrangements for the conversion of homestead into collective management construction land.
Controversial "paid" use
Compared with the paid withdrawal linked to the right to use the homestead, the paid use of the homestead, which is more related to the qualification right, has been debated by all walks of life and has become the key area of pilot projects in various places, although the market attention is low.
Earlier, Xu Huaqin, secretary of Liyang Municipal Party Committee, said in an exclusive interview with 2 1 Century Business Herald that compensation should be the core of path exploration.
Xu Huaqin suggested that farmers who withdraw from the homestead qualification right can voluntarily choose various replacement methods, such as monetary compensation, replacement of commercial housing, pension and social security, and explore various forms to realize the homestead qualification right. Moreover, it is necessary to explore the transformation of the use of homestead from permanent free to classified paid, and clarify the realization path of paid use and paid exit of homestead.
The reporter of 265438+20th Century Business Herald noticed that at present, the exploration of paid use of homesteads in most areas mainly focuses on the over-standard occupation of rural homesteads formed in history and the collection of paid use fees for more than one household.
For example, Hainan Province issued a document on June 5438+ 10 this year, saying that "if the use area of the homestead exceeds 175 square meters, there is an excess area; The homestead legally occupied by non-members of the collective economic organization through inheritance, donation of houses or other means may be used for compensation.
In addition, Anda City, Heilongjiang Province, one of the 33 pilot areas of the "three plots" reform, has also made it clear that after soliciting villagers' opinions, villagers' committees will be set up to collect the paid use fees of homesteads annually according to the corresponding proportion of the comprehensive land price in the expropriated areas.
However, the reporter of 2 1 Century Business Herald learned that some places have made very advanced attempts on this issue.
20 19 Longfeng Village, Xinglong Town, Meitan County, Guizhou Province held a villagers' congress according to the Interim Measures for the Administration of Paid Use of Rural Homestead in Meitan County, and adopted the Convention on the Administration of Homestead in Longfeng Village (for Trial Implementation).
According to the convention, the migrant agricultural population who have been engaged in agricultural workers' production for more than three years in Longfeng Village can obtain the qualification right of paid use of homestead by paying the paid use fee.
According to a material provided by the local official in charge of rural reform to the reporter of 2 1 Century Business Herald, in July of 20 19, a couple of migrant farmers in Longfeng Village who have been engaged in agricultural production for more than 10 years obtained the 50-year right to use the 200-square-meter homestead in Longfeng Village at the price of 220 yuan/square meter, becoming the first farmer in Guizhou Province to obtain the stock of rural homestead in a non-registered place.
Does this violate the principle of "one household, one house"? The official told the reporter of 2 1 Century Business Herald that "one household, one house and one village". In addition, it is difficult to solve the problem locally because the homestead treatment of the original location of migrant workers involves cross-county.
In this regard, a legal person who has long been concerned about collective land told the reporter of 2 1 Century Business Herald that the current law stipulates that "one household, one house" is limited to one village, because only the villagers in this village are eligible to distribute homestead for free. In some pilot areas, the right to use rural residential land is allowed to circulate within the county, which is a major breakthrough to the existing laws. Meitan's practice is that villagers in other villages and counties get the right to homestead qualification for compensation, which is "very advanced".