The management of agricultural land conversion is an important content of land use control system, and it is also an important measure to control agricultural land conversion to construction land and protect cultivated land. There are three main reasons to decide whether agricultural land can be converted into construction land: first, whether the conversion of agricultural land conforms to the land use determined by the overall land use planning; Second, whether the conversion of agricultural land conforms to the annual land use plan and planning.
Allocation of construction land control indicators; The third is whether the conversion of agricultural land conforms to the construction land supply policy formulated by the state. In addition, if agricultural land is converted into cultivated land, it depends on whether it is combined with the plan of reclaiming cultivated land.
How to determine the approval authority of agricultural land conversion to construction land
According to the principle of centralized and unified land management determined by the central government, the Land Management Law implements a two-level examination and approval system for the conversion of agricultural land into construction land, namely, the State Council and provincial people (including people of autonomous regions and municipalities directly under the Central Government).
1, the approval authority of the State Council.
(1) Construction projects approved by the State Council occupy agricultural land. Including the feasibility study report approved by the relevant departments of the State Council and the State Council according to the national capital construction procedures, and the projects that need to be located outside the urban construction area separately. At the same time, it includes energy, transportation, water conservancy, mining and other projects approved by relevant departments in the State Council and the State Council, as well as land for military projects approved by the Central Military Commission.
(2) Railways, highways, pipelines and large-scale energy, transportation, water conservancy and other infrastructure projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government need to be located outside the urban construction area.
(3) The unified expropriation of land in urban construction areas includes cities where the people of municipalities directly under the central government, provinces and autonomous regions are located, cities with a population of more than 6,543,800+in other cities, and other urban land designated by the State Council. It should be noted here that only the land used by the city itself needs to be reported to the State Council for approval, while the county seat of the county under the jurisdiction of the city is approved by the provincial people's government, and the rural collective construction land of the city is changed from land (city) to agricultural land. However, the development zones and satellite towns in some cities will be treated as urban areas and need to be reported to the State Council for approval.
(4) involving basic farmland. According to Article 15 of the Regulations on the Protection of Basic Farmland, the conversion of agricultural land needs to be reported to the State Council for approval.
2, the provincial people's government approval authority * * *
(1) Other urban areas except those approved by the State Council occupy agricultural land.
(two) the construction of towns and other towns where counties and county-level cities are located occupies agricultural land.
(3) It is necessary to occupy agricultural land for feasibility study or construction project approval below prefecture or city level.
The conversion of farmland to construction land in China has to go through several levels of examination and approval. China implements a two-level approval system for the conversion of agricultural land to construction land, namely, the State Council and provincial people's governments. However, considering the actual situation in China, people at the prefecture (city) level are authorized to examine and approve the occupation of agricultural land by township enterprises, rural public facilities, public welfare undertakings and farmers' homesteads.
What level should agricultural land be approved for conversion into construction land? According to the provisions of the Land Management Law, it is necessary to apply to the district (county-level city) land and housing management department for the examination and approval procedures for the conversion of agricultural land into construction land. The land and real estate management department shall draw up an examination and approval plan for the conversion of agricultural land, and submit it to the person with the approval right for approval in accordance with the provisions of the Land Management Law of the People's Republic of China.
Abstract: If a construction project needs to occupy agricultural land, it shall go through the examination and approval procedures for the conversion of agricultural land.
(1) the State Council approval: roads, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and construction projects approved by the State Council occupy land and involve the conversion of agricultural land into construction land.
(2) Approved by the person who originally approved the overall land use planning.
How to convert agricultural land into construction land Sun Yuanxi's Land Management Law divides land into three categories: agricultural land, construction land and unused land, and strictly restricts the conversion of agricultural land into construction land. Legally speaking, the reason for strictly restricting the conversion of agricultural land into construction land is to "protect and develop land resources, rationally use land and effectively protect cultivated land" and stick to the red line of 65.438+0.8 billion mu of cultivated land. However, the huge price difference between construction land and agricultural land has prompted some land stakeholders to convert agricultural land into construction land, and sometimes even take risks to commit crimes.
The land stakeholders we want to talk about here refer to the owners or managers of rural collective land, such as rural collective economic organizations, villagers' committees, villagers' groups, etc., excluding * * * and developers. The so-called agricultural land refers to agricultural land collectively owned by farmers, excluding agricultural land owned by the state. In particular, conversion to construction land means that after conversion to construction land, it is still owned by the collective, not by the state, and land ownership still belongs to farmers, not by the state, so land acquisition is not involved here.
According to the law, rural collective construction land can be used as homestead, land for township enterprises (or industrial and commercial land) and land for public welfare undertakings, but not for commercial real estate development and construction. Therefore, there are actually three situations in which agricultural land is converted into construction land: 1, and agricultural land is converted into homestead. 2. Turn agricultural land into land for township enterprises. 3. Turn agricultural land into public land.
According to the Land Management Law, to convert agricultural land into construction land, it is necessary to go through an examination and approval procedure called agricultural land conversion. Whether it is converted into homestead, land for township enterprises or public land, it is necessary to go through the examination and approval procedures for agricultural land conversion. If this approval procedure is not completed, using agricultural land for non-agricultural purposes is illegal occupation of land, and serious circumstances will constitute the crime of illegal occupation of agricultural land.
Let's take a look at how the approval procedures for converting agricultural land into construction land are handled.
First, how to turn farmland into homestead.
According to the regulations, the procedures for converting agricultural land into homestead are as follows:
1. Apply for building.
Rural villagers apply to their village committees for building houses once a year. After discussion and consent by the villagers' meeting or the meeting of all members of the rural collective economic organizations, the villagers' committee will publicize the living conditions of the villagers who apply for building houses and the application for building houses in the village for a period of not less than 7 days.
To build peasant apartments, rural villagers and villagers' committees (or village collective economic organizations) shall sign an agreement on building houses for rural villagers.
2. Review the building application.
The villagers' committee (or village collective economic organization) will submit the living status and publicity of the villagers who apply for building houses, and the rural villagers' building agreement to the town and street land and resources management office for review, and then report it to the town people or the street office for review.
3. Determine the annual scope of villagers' residential land.
Town * * * or street offices shall review the application for building proposed by the village according to the principle of "one household, one house", and send the list of building applicants to the district (county-level city) planning, land and housing management departments for the record. With the approval of the town * * * or the subdistrict office, the villagers' committee (or village collective economic organization) shall apply to the district (county-level city) planning department for villagers' residential land, and the district (county-level city) planning department shall issue planning opinions on the proposed land according to the village residential planning.
4. Pre-examination of land use.
New construction land, by the villagers' committee (or village collective economic organizations) to the planning department for approval of the red line and boundary coordinates to the district (county-level city) land and housing management department for pre-trial, by the district (county-level city) land and housing management department issued a pre-trial opinion.
5. Land use approval.
Villagers' residential land involves the conversion of agricultural land into construction land, and the villagers' committee (or village collective economic organization) shall, according to the examination and approval provisions, apply to the district (county-level city) land and housing management department for the examination and approval procedures for the conversion of agricultural land into construction land with the red line provided by the planning department, the technical report on land survey and demarcation issued by the land surveying and mapping agency and the review opinions of relevant functional departments such as geology, minerals and forestry. The land and housing management department shall draw up an approval plan for the conversion of agricultural land, and submit it to the * * * which has the right to approve in accordance with the provisions of the Land Management Law of the People's Republic of China.
The villagers' committee (or village collective economic organization) shall use the village collective construction land to build villagers' houses, and the municipal (county-level city) land and housing management department shall report to the local people's government for approval.
After the approval of land use is approved by the person who has the right to approve it, the villagers' committee (or village collective economic organization) shall go through the formalities of agricultural land conversion and pay the relevant taxes and fees according to law, and the municipal (county-level city) land and housing management department shall issue the opinions on land use approval to the villagers' committee (or village collective economic organization).
6. Apply for construction land planning permit or rural construction planning permit.
The villagers' committee (or village collective economic organization) shall submit an application for planning permission of construction land to the planning department with the approval opinions of land use.
Located in the planning area of a city or town, the planning department shall verify the location, area and permitted construction scope of the construction land according to the controlled detailed planning, and issue the planning permit for the construction land; Located in the village planning area, the rural construction planning permit shall be issued. Among them, the construction of peasant apartments, the planning department to the village committee (or village collective economic organizations) issued a rural construction planning permit or construction land planning permit; In the construction of non-apartment houses for farmers, the planning department shall divide the homestead according to the village residential planning, and issue rural construction planning permits or construction land planning permits to villagers who apply for building according to the list of building applicants for the record.
7. Apply for approval of construction land.
For the construction of peasant apartments, the villagers' committee (or village collective economic organization) shall apply to the land and housing management department for approval of construction land with the rural construction planning permit or construction land planning permit issued by the planning department.
For the construction of farmers' non-apartment houses, the villagers who apply for building houses hold the rural construction planning permit or construction land planning permit issued by the planning department and apply to the district (county-level city) land and housing management department for approval of construction land.
8. Registration of ownership.
For the construction of peasant apartment houses, the villagers' committee (or village collective economic organization) shall apply to the district (county-level city) land and housing management department for collective land use certificate or collective land real estate license with the rural construction planning permit or construction land planning permit, construction land approval letter and rural villagers' housing agreement.
For the construction of farmers' non-apartment houses, the villagers who apply for building houses shall apply to the district (county-level city) land and housing management department for collective land use certificate or collective land real estate certificate according to law with the rural construction planning permit or construction land planning permit and construction land approval letter.
Second, how to turn agricultural land into land for township enterprises.
Land for township enterprises includes two specific situations. One is the construction land used by rural collective economic organizations or villagers' committees to set up township enterprises. Second, rural collective economic organizations or villagers' committees and other units and individuals hold construction land used by enterprises in the form of land use rights and joint ventures.
According to the provisions of * * *, rural collective economic organizations or villagers' committees applying for conversion of agricultural land into land for township enterprises shall handle the following procedures:
1. Project establishment.
The project unit shall apply to the development and reform department for examination and approval (or approval and filing) procedures for construction projects.
2. Apply for planning conditions.
The project unit holds the project approval (or approval, filing) documents and applies to the planning department for planning and site selection. Belong to the project of land requisition and land retention, the project unit can directly apply to the planning department for planning and site selection according to the provisions with the approval of land retention indicators.
The planning department issued a planning red line to provide planning conditions.
Villagers' committees (or village collective economic organizations) set up non-public facilities and public welfare undertakings by using collectively owned construction land that has not been approved by planning, land management and other departments according to law. If the reserved land index is not completed after approval, the reserved land index should be reduced first.
3. Pre-examination of land use.
The use of new construction land, the project unit to the construction project site submissions, planning opinions and other documents to the land and housing management department to apply for construction project land pre-trial, the land and housing management department issued by the construction project land pre-trial opinions.
4. Land use approval.
The project unit holds the relevant approval documents of the construction project and the technical report of land survey and demarcation issued by the land surveying and mapping agency, and applies to the land management department for land use approval. Where the land for construction projects involves the conversion of agricultural land into construction land, the project unit shall provide the examination opinions of the geological, mineral and forestry departments and other materials for approval as required. After the materials are prepared, the land management department shall draw up a land use approval plan and opinions on land supply, and report it to the person with approval authority for approval in accordance with the provisions of the Land Management Law of the People's Republic of China. Construction projects involving the use of village collective construction land, by the city (county-level city) land and housing management departments to develop land supply opinions submitted to the local people for approval.
5. Environmental impact assessment.
For projects that implement the examination and approval system and the approval system, the project unit shall also declare the environmental impact report document to the environmental protection department when applying to the land management department for pre-examination; For the project with filing system, the project unit may declare the environmental impact report document to the environmental protection department before the construction project starts.
6. Apply for construction land planning permit or rural construction planning permit.
Project units to project approval (or approval, filing) documents and land use pre-trial opinions to the planning department put forward an application for planning permission for construction land, located in a city or town planning area, by the planning department according to the regulatory detailed planning approved construction land location, area, allowed construction scope, issued by the construction land planning permit; Located in the village planning area, the rural construction planning permit shall be issued.
7. Apply for approval of construction land.
By the project unit to land approval opinions, planning permission documents, relevant tax payment vouchers, to the land and housing management department for construction land approval.
8. Land registration.
The project unit shall apply to the land and housing management department for collective land use certificate or collective land real estate license according to law with the approval of construction land.
Third, how to turn agricultural land into public land.
The commonweal land here also includes facilities land in townships (towns) and commonweal construction land in townships (towns), village committee offices, schools, hospitals, agricultural technology extension stations, nursing homes and rural roads, water supply and public toilets.
The procedure of converting agricultural land into public welfare land is the same as that of converting it into land for township enterprises.
After agricultural land is converted into homestead and land registration procedures are completed, users enjoy the right to use homestead; After agricultural land is converted into land for township enterprises (industrial and commercial land) or public welfare land and land registration procedures are completed, users have the right to use collective construction land; Users have the right to build non-agricultural buildings on the land; Users of collective construction land can also transfer, lease, transfer, sublease and mortgage the right to use collective construction land according to law.
The approval authority for converting agricultural land into construction land is 1. Install Baidu Post Bar on mobile phone.
2. Log in with your current account.
3. Then search, for example, if you are in Wuhan, search Wuhan. Click to enter and post here for detailed consultation. Many people know the specific situation here, and many people are willing to help others.
4. Just communicating. Take your time. After posting, update or supplement the content of the post at any time. The higher the position, the more people you meet and the more opportunities you have to find or get information.
How much is the compensation for converting agricultural land into construction land? Land price mainly includes land transfer fees, demolition compensation fees and basic supporting fees. Land leasing fees are charged to land users, and demolition compensation fees are charged to land users. The basic supporting fee refers to the cost required for the implementation of water, electricity and road connectivity.
The land price includes the land transfer fee. The land transfer fee and the land price of the plot include all the supporting expenses of the demolition compensation foundation.
Effectively control the amount of land acquisition and prevent infringement of the interests of land-expropriated units. The new "Land Management Law" strengthens the power of examination, approval, expropriation and approval of land expropriation, and implements two levels of examination and approval of the State Council provincial people's government for land expropriation:
The State Council's examination and approval authority: (1) Basic farmland refers to the basic farmland protection area defined according to the overall land use planning "Regulations on the Protection of Basic Farmland". The occupied basic farmland is approved by the State Council, mainly to strengthen the protection of basic farmland and prohibit general projects such as cities and villages. The occupation of basic farmland by some key construction projects, such as market towns, must be strictly examined and approved, and basic farmland must be redrawn according to regulations. Main measures for strict management of basic farmland (2) The approval authority of basic farmland is reduced by half compared with the original provisions, which is 1 1,000 mu (66.7 hectares), including the requisition of basic farmland (3) The total land area of basic farmland exceeds 70 hectares, including land outside farmland and requisition of 35 hectares.
According to the principle of centralized management, the new "land management" adopts the principle of actual two-level examination and approval, that is, the provincial people's government * * considers my actual situation, township enterprises, rural public facilities, public welfare undertakings, farmers' houses, etc. , in which the people at the prefecture (city) level occupying the agricultural authorization * * * examine and approve the current customs examination and approval authority.
(1) the State Council's approval of agricultural construction projects includes the State Council and its customs departments' approval of feasibility study report projects in accordance with national capital construction procedures, and projects outside urban construction areas that need separate site selection, including the State Council and its customs departments' approval of energy, transportation, water conservancy, mines and other projects, including the approval of military projects by the Central Military Commission (2) approval of feasibility study reports by citizens of provinces, autonomous regions and municipalities directly under the Central Government * * Railways and highways. Transportation, water conservancy and other infrastructure needs to be located outside the urban construction area alone. (3) Urban construction area includes 1 10,000 cities and the urban population of municipalities, provinces and autonomous regions. It should be noted that the expansion of power in some cities is approved by the municipal newspaper, and the expansion of power in the counties under the jurisdiction of the city is approved at the provincial level. (city)
Provincial citizen * * * Approval authority: (1) Except for newspaper approval, its urban expansion occupies agriculture; (2) The new construction and expansion of county-level cities and towns occupy agriculture; (3) The feasibility study or construction project approved by the municipal government needs agriculture.
Permission granted or authorized by the provincial people to set up districts, cities and autonomous prefectures: (1) The overall plan for rural land use determines that farmers' houses, rural enterprises, rural public facilities and public welfare facilities will occupy agriculture in the construction area of villages and market towns; (2) Rural roads, water conservancy and its construction use rural collective agriculture.
Two. Construction cost compensation
Construction of compensation mechanism for land acquisition costs
According to the "China People's Land Management Law" and other regulations, the cost of land acquisition for construction is determined by several departments.
Structure:
(1) Land compensation fee
(2) Young crops compensation fee
(3) Attachment compensation fee
(4) Resettlement subsidy
(5) New Vegetable Development Fund
(6) Agricultural occupation tax
(7) Land management fee
The farmland occupation tax in the new vegetable field development and construction fund should be turned over to the state finance.
2. Compensation standard and calculation of land acquisition cost for residential construction
(1) Land compensation fee
Compensation fee for land expropriation: the average output value of the first three farmland is 6~ 10 times, and the compensation fee for land expropriation.
The charging standards shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the compensation standards for requisitioned cultivated land.
(2) Young crops compensation fee
Requisition of soil crops affects the progress of the project and should wait for farmers to harvest shovels; Users should calculate the harvest according to the seasonal yield and output value of field crops.
Specific compensation standards shall be stipulated by provinces, autonomous regions and municipalities directly under the central government.
(3) Attachments refer to houses, wells, trees, culverts, bridges, highways, water conservancy facilities and trees.
Compensation fees for ground buildings, structures, attachments and other attachments should be based on the "demolition"; The principle of dismantling less and making up less is lower than the original level.
(4) Resettlement subsidy standard
The resettlement subsidy standard for each agricultural port: 4~6 times of the average annual output value of the first three agricultural lands requisitioned.
The subsidy for cultivated land requisition and resettlement hectares is excellent, which is 1.5 times the average output value of the first three districts. Under special circumstances, an appropriate increase can ensure the maintenance of the original level of the people.
Then the total land compensation fee and resettlement subsidy is 30 times of the average output value of the previous three land acquisitions, and the number of agricultural households to be resettled is calculated according to the collection unit.
Calculation of area ratio and characteristic quantity
(5) New Vegetable Development Fund
Units requisitioning vegetable fields in urban suburbs shall pay new vegetable field development and construction fund households according to regulations.
(6) Agricultural occupation tax
Cultivated land occupation tax is the same tax amount in areas with equal cultivated land according to different levels of economic development;
(1) the county's arable land 1.0 mu (including 1.0 mu) is 2.0~ 10.0 yuan per square meter;
(2) the county's arable land area 1.0~2.0 mu (including 2.0 mu), per square meter 1.6~8.0 yuan;
③ The county cultivates 2.0~3.0 mu (including 3.0 mu) of land, per square meter 1.3~6.5 yuan;
④ The planting area in the county is 3.0 mu per square meter 1.0~5.0 yuan;
⑤ Special economic zones, economic and technological development zones, economically developed areas and even cultivated land are particularly scarce.
It is appropriate to raise the prescribed tax by 5%.
Units that are allowed to occupy cultivated land or should be approved to occupy cultivated land shall pay cultivated land occupation tax within 30 days from the date of occupation. If the tax is overdue, a late fee of 5‰ of the tax payable will be charged.
(7) Land management fee
The soil management fee includes four fees: standard soil compensation fee, young crop fee, surface attachment compensation fee and resettlement subsidy. The four fees are 2% to 4%.
2%~4% land management fee is extracted from the cost basis of grain price difference, non-staple food subsidy and forecast fee.
3, homestead construction land and temporary use cost compensation
(1) Land expropriation compensation for residential construction
(2) Compensation for temporary expenses of building construction
What is the relationship between agricultural land conversion, land requisition and construction land approval? The approval of agricultural land conversion refers to the approval of agricultural land conversion to construction land and change of land use; Land requisition approval refers to the approval of transforming collectively owned land into state-owned land and changing land ownership; The examination and approval of construction land refers to the examination and approval of providing the state-owned land use right to the construction unit. The connotation and management methods of the three are different, but they are interrelated in practical work and must be connected in examination and approval procedures. Except for the need to go through the requisition procedures, it can be divided into three situations: (1) The approval authority for agricultural land conversion belongs to the State Council, and the approval authority for land acquisition belongs to the State Council or the provincial people's government. When approving agricultural land conversion, the State Council also approves land acquisition, and land acquisition does not need additional approval. (2) If both the agricultural land conversion approval authority and the land requisition approval authority belong to the provincial people * * *, the provincial people * * approved the land requisition at the same time as the agricultural land conversion, and there is no need for land requisition approval. (3) If the approval authority of agricultural land conversion belongs to the provincial people * * and the approval authority of land acquisition belongs to the State Council, the agricultural land conversion shall be approved by the provincial people * * first, and then reported to the State Council for approval of land acquisition; The document of the provincial people's government approving the conversion of agricultural land is one of the bases for the State Council to approve the requisition of land. After the approval of agricultural land conversion and land requisition is handled according to law within the scope of construction land for cities, villages and market towns determined in the overall land use planning, the land for specific construction projects can be approved by the people's governments of cities and counties. If the construction project is located outside the urban construction area determined by the overall land use planning, and the conversion of agricultural land and land requisition are handled, the approval right of construction land shall be exercised by the person who approves the conversion of agricultural land. People's governments at all levels and land administrative departments shall provide relevant information and go through the formalities in accordance with the requirements of agricultural land conversion, land requisition and construction land approval.
Here's the thing:
The connotation and management methods of the three are different, but they are interrelated in practical work and must be connected in examination and approval procedures.
The approval of agricultural land conversion refers to the approval of agricultural land conversion to construction land and change of land use;
Land requisition approval refers to the approval of transforming collectively owned land into state-owned land and changing land ownership;
The examination and approval of construction land refers to the examination and approval of providing the state-owned land use right to the construction unit.
The above is the relationship between the three.
After the approval of agricultural land conversion and land requisition is handled according to law within the scope of construction land for cities, villages and market towns determined in the overall land use planning, the land for specific construction projects can be approved by the people's governments of cities and counties.
If the construction project is located outside the urban construction area determined by the overall land use planning, and the conversion of agricultural land and land requisition are handled, the approval right of construction land shall be exercised by the person who approves the conversion of agricultural land.
People's governments at all levels and land administrative departments shall provide relevant information and go through the formalities in accordance with the requirements of agricultural land conversion, land requisition and construction land approval.