How to ask for information disclosure in land acquisition disputes of county-level governments?

Notice of the General Office of the Ministry of Land and Resources on Further Improving the Information Disclosure of Land Requisition in Cities and Counties

Competent departments of land and resources of all provinces, autonomous regions and municipalities directly under the Central Government, Land and Resources Bureau of Xinjiang Production and Construction Corps:

The CPC Central Committee and the State Council attached great importance to the disclosure of government information as an important part of promoting administration according to law and building a government ruled by law, and included the disclosure of land acquisition information in the scope of information disclosure in key areas. In order to implement the deployment requirements of the CPC Central Committee and the State Council and the Regulations on Information Disclosure in People's Republic of China (PRC), in June 20 13, our Ministry issued the Notice on Doing a Good Job in Land Acquisition Information Disclosure (Guo Tu Zi Fa [2065438+03] No.3), which clarified the responsibilities of the competent departments of land and resources at all levels and standardized the disclosure channels and handling requirements. In order to further implement the responsibility of land acquisition information disclosure in cities and counties, refine the work requirements, increase publicity efforts, and resolve land acquisition contradictions and disputes at the grassroots level as much as possible, the relevant issues are hereby notified as follows:

First, further improve the understanding of land acquisition information disclosure.

Land requisition is related to people's vital interests and social harmony and stability. The disclosure of land acquisition information is the basic requirement for strengthening land acquisition management, promoting land acquisition according to law, sunny land acquisition and harmonious land acquisition, and it is also an important channel to protect the right to know, participate and supervise the land-expropriated farmers, which is conducive to enhancing the credibility and execution of the government in land acquisition. Judging from the present situation of land acquisition information disclosure, there are still some problems that land acquisition information disclosure is not in place, which are mainly reflected in the incomplete content of land acquisition information disclosure at the grass-roots level, irregular disclosure behavior, imperfect disclosure procedures, inconvenient and untimely access to public information by the masses, and a big gap with farmers' expectations, which has affected the implementation of land acquisition work. Therefore, local land and resources departments at all levels should fully understand the importance and urgency of doing a good job in land acquisition information disclosure, further enhance their sense of responsibility and mission, and solidly promote land acquisition information disclosure in accordance with the deployment and requirements of the Ministry. In view of the key and weak links in the current land acquisition information disclosure, the provincial land and resources departments should guide cities and counties to earnestly perform their duties, strive to disclose land acquisition information legally, comprehensively and accurately from the grassroots management level, protect farmers' right to know, and resolutely safeguard farmers' legitimate rights and interests.

Two, conscientiously implement the main responsibility of land acquisition information disclosure in cities and counties.

According to the land management laws and regulations, the municipal and county governments organize the approval and implementation of land acquisition, and the information such as compensation and resettlement for land acquisition is generated by the municipal and county governments and their land and resources departments. According to the principles of "who makes it, who makes it public" and "nearby and convenient", the municipal and county governments are the main bodies of land acquisition implementation and land acquisition information disclosure, and play a key role in doing a good job in land acquisition information disclosure. Cities and counties should, in accordance with the Regulations of People's Republic of China (PRC) Municipality on the Openness of Government Information, make the disclosure of land acquisition information the focus of government information disclosure, improve the system, clarify responsibilities and strengthen implementation. In accordance with the requirements of relevant regulations, the procedures of "notification, confirmation and hearing" before the approval of land acquisition and "two announcements and one registration" after the approval are strictly fulfilled, and land acquisition information is disclosed in a timely manner through various effective ways to facilitate public inquiry. By strengthening the disclosure of land acquisition information, we will promote the prevention and resolution of land acquisition contradictions and disputes, and establish a government image with standardized administration, fairness and transparency, and efficient service.

Three, comprehensive and timely disclosure of land acquisition information

(a) to strengthen the active disclosure of land acquisition information. In accordance with the requirements of "openness is the principle, but non-disclosure is the exception" of government information, cities and counties should increase the initiative to disclose land acquisition information on the basis of strict implementation of land acquisition approval and implementation procedures, and actively disclose information closely related to the masses in land acquisition. According to the "Regulations on Information Disclosure in People's Republic of China (PRC)" and the relevant provisions of land acquisition management, the contents of voluntary disclosure of land acquisition information by cities and counties mainly include the following aspects:

1. Documents of the State Council or provincial people's government approving land use according to law. Among them, the urban land approved by the State Council should also disclose the implementation plan of agricultural land conversion and land expropriation approved by the provincial people's government;

2. The local people's government forwards the document of land use approval in the State Council (if the approved land area, compensation standard and resettlement method change compared with the declaration, the change shall be clearly stated in the forwarding document);

3. Notice of land requisition and relevant certification materials for fulfilling the formalities before land requisition approval;

4. "One Book and Four Drawings" drawn up by the municipal and county governments when applying for land use approval (declaration of construction land projects, agricultural land conversion plan, supplementary cultivated land plan, land acquisition plan and land supply plan; Urban construction land is "one book and three maps", that is, the declaration of construction land projects, agricultural land conversion plan, supplementary cultivated land plan and land acquisition plan);

5. Land requisition announcement, land requisition compensation and resettlement plan announcement and other related materials during the implementation of land requisition approval.

(two) do a good job of land acquisition information disclosure according to the application. In the process of land acquisition, some information that is inconvenient to be disclosed to the public voluntarily should be included in the scope of disclosure according to laws and regulations. Citizens, legal persons or other organizations may apply for information disclosure with valid identity documents according to the special needs of production, life and scientific research. The disclosure of land acquisition information according to the application mainly includes the following aspects:

1. Land acquisition survey results and hearing transcripts before land use approval;

2 land acquisition compensation registration materials after the approval of land use;

3. Pay the relevant vouchers of land acquisition compensation;

4 survey and demarcation map (projects involving military, national security and important national economic engineering facilities, except for surveying and mapping data that are kept confidential by the state);

5. Other relevant materials within the scope of application disclosure.

(3) Smooth channels. Cities and counties should set up a column of "land acquisition information" on the government portal website or the website of the competent department of land and resources, and at the same time use newspapers, radio, television, Weibo and other carriers to establish active channels for land acquisition information disclosure. If the land requisition information is voluntarily disclosed, it shall be voluntarily disclosed to the public within 10 working days after receiving the land requisition approval document from the higher authorities, and the "land requisition announcement after land requisition approval, land requisition compensation and resettlement plan announcement and other relevant materials" shall be voluntarily disclosed within 10 working days after approval or formation.

Cities and counties should make full use of existing government affairs halls, administrative service centers and other places, or set up special reception windows and places to handle the public reply of land acquisition information according to the application. Conditional places should use information technology to establish a platform for public inquiry of land acquisition information according to the application, and provide convenience for the masses to obtain land acquisition information.

Four. Related work requirements

(1) Strictly check information to ensure the accuracy of public information. Before the disclosure of land acquisition information, we should pay attention to verification and check to ensure that the disclosed information is consistent with the land use approval materials, approval and post-approval implementation, so that the information is true and accurate, and to prevent fraud and infringement of citizens' right to know; Land acquisition information involving confidential matters shall be handled in accordance with the relevant provisions of the confidentiality system to prevent the disclosure of state secrets.

(two) extensive publicity, to inform the land acquisition information disclosure channels. In the process of land acquisition, cities and counties should inform the landless farmers of the channels for obtaining land acquisition information; It is necessary to make full use of newspapers, radio, television and other media for publicity, so that the masses can understand the ways, methods and contents of land acquisition information disclosure and make it convenient for the masses to inquire; Widely publicize laws, regulations and policies related to land acquisition. By strengthening publicity, information disclosure and public opinion guidance, we will promote the openness and fairness of land acquisition, safeguard the legitimate rights and interests of landless farmers, and create a good land acquisition environment.

(3) Strengthen organizational leadership to ensure that the work is in place. City and county land and resources departments should strictly follow the requirements of land acquisition information disclosure, strengthen organizational leadership, establish rules and regulations, clarify responsibilities, and pay close attention to the implementation of the work. 201March 3, 51days ago, cities and counties completed the design of "land acquisition information" column in principle and put it into operation; In April 1 and 20 15, the land requisition approval information was included in the webpage in time as required; After the promulgation and implementation of "Regulations on Information Openness in People's Republic of China (PRC)" on May 1 2008, the land acquisition information approved on March 3 1 20/5 will be added to the website for publicity in about two years. 1 99965438+1October1,the new Land Administration Law of the People's Republic of China was promulgated and implemented until April 30, 2008, and the land acquisition information was approved. It is also necessary to disclose land acquisition information in a planned and required manner.

Provincial departments of land and resources should, on the basis of doing their own land acquisition information disclosure work, strengthen supervision and guidance on the work of cities and counties, sum up and popularize good practices in time, study and solve existing problems, and do a good job in the government land acquisition information disclosure. 201March 3, 51a few days ago, the provincial competent department of land and resources summarized the design of the land acquisition information disclosure column of the province (autonomous regions and municipalities), cities and counties, and reported the relevant work to the Ministry. Our department will timely organize supervision and inspection and briefing to promote the implementation of the work in place.

This notice shall come into force as of the date of promulgation and shall be valid for 5 years. If the document No.3 of the Ministry of Land and Resources [2013] is inconsistent with the provisions of this notice, the provisions of this notice shall prevail.