New rural land policy in 2022

The new provisions of the Rural Land Policy in 2022 are as follows:

1. Establish a unified urban and rural construction land market;

2, in line with the planning and use control under the premise of allowing rural collective construction land transfer, lease, shares, and state-owned land with the same market, the same rights, the same price;

3. Narrow the scope of land acquisition, standardize the procedures of land acquisition, and improve the reasonable, standardized and diversified security mechanism for landless farmers;

4. Expand the scope of paid use of state-owned land and reduce the allocation of non-public land;

5. Establish a land value-added income distribution mechanism that takes into account the state, the collective and the individual, and reasonably increase personal income. Improve the secondary market of land lease, transfer and mortgage.

Provisions on the orderly transfer of rural land management rights are as follows:

1. Encourage innovative forms of land transfer. Encourage contracted farmers to transfer contracted land through subcontracting, leasing, exchange, transfer and shareholding according to law. Encourage qualified places to formulate supporting policies to guide farmers to transfer contracted land for a long time and promote their transfer of employment. Encourage farmers to solve the problem of fragmentation of contracted land through exchange and merger on a voluntary basis. Under the same conditions, members of this collective economic organization enjoy the priority of land transfer. Transfer of contracted land by means of circulation shall, in principle, be carried out among members of the collective economic organization, and shall be subject to the consent of the employer. In other forms of circulation, it shall be reported to the employer for the record according to law. Pay close attention to study and explore the mutual rights relationship and concrete realization forms of collective ownership, farmers' contracting rights and land management rights in land transfer. In accordance with the unified deployment of the whole country, we will steadily promote the pilot project of mortgage guarantee for land management rights, study and formulate unified and standardized implementation measures, and explore the establishment of a mortgage asset disposal mechanism;

2. Strictly regulate the land transfer behavior. The right to contracted management of land belongs to peasant families. Whether the land is transferred, how to determine the price and how to choose the form should be decided by the contracted farmers themselves, and the transfer income belongs to the contracted farmers. The circulation period shall be determined by both parties through consultation within the scope prescribed by law. Without farmers' written entrustment, rural grass-roots organizations have no right to decide farmers' contracted land in any way, let alone concentrate the contracted land of the whole village and the whole group of farmers on foreign investment in the name that the minority is subordinate to the majority. Prevent a few grassroots cadres from giving and receiving in private and seeking personal gain. It is strictly forbidden to promote land transfer by setting tasks, setting goals, or incorporating the transfer area and transfer ratio into performance appraisal;

3. Strengthen land circulation management and services. Relevant departments should study and formulate the operation norms of the circulation market and accelerate the development of various forms of land management rights circulation market. Relying on rural management institutions to improve the land transfer service platform, improve the county and township three-level service and management network, establish a land transfer monitoring system, and provide information release, policy consultation and other services for both sides of the transfer. The land transfer service subject can carry out information communication, entrusted transfer and other services, but it is forbidden to subcontract at different levels to make profits from it. If the land is transferred to non-village collective members or entrusted by farmers to organize the transfer in a unified way, and collective funds are used to improve the soil and improve the soil fertility, infrastructure use fees and land transfer management service fees can be collected from the inflow parties outside the collective economic organizations for farmland capital construction or other public welfare expenditures. Guide contracted farmers to sign a written transfer contract with the inflow party, and use the unified model contract text of the whole province. Protect the land management rights and interests of the inflow party according to law. After the expiration of the transfer contract, the inflow party may give priority to renewing the contract under the same conditions. Strengthen the construction of mediation and arbitration system for rural land contract management disputes, improve the dispute mediation mechanism, and properly solve the disputes over land contract management circulation.

Legal basis: Article 35 of the Land Administration Law of the People's Republic of China.

After the permanent basic farmland is demarcated according to law, no unit or individual may occupy or change its use without authorization. It is really difficult to avoid permanent basic farmland in the site selection of national key construction projects such as energy, transportation, water conservancy and military facilities, and the conversion of agricultural land or land expropriation must be approved by the State Council.

It is forbidden to evade the approval of agricultural land conversion or permanent basic farmland land expropriation by arbitrarily adjusting the overall land use planning at the county level and the overall land use planning at the township (town).