First
In order to promote the reform of the urban and rural household registration system in our district, accelerate the coordinated development of urban and rural economic and social development, and promote rural The effective utilization of land resources is based on the "Opinions of the Chongqing Municipal People's Government on the Reform of the Urban and Rural Household Registration System" (Yu Fu Fa [2010] No. 78) and the "Measures of the General Office of the Chongqing Municipal People's Government on Issuing the Measures for the Exit and Utilization of Rural Land in the Reform of the Household Registration System in Chongqing" (Trial Implementation) Notice" (Yu Banfa [20655
In the administrative area of ??this district, rural residents who own legal rural housing, homesteads and contracted land shall voluntarily withdraw from their When rural housing and homestead land become urban residents, these Measures shall apply to the withdrawal and utilization of structures (attachments) (hereinafter referred to as homestead sites and buildings) and contracted land within the scope of the use rights of rural housing and homestead land. These Measures shall apply to large and medium-sized water conservancy and hydropower projects. Landless rural immigrants and rural residents in urban villages who have not been transferred to non-individuals during construction shall follow the relevant land acquisition regulations of the country and our region, and this method shall not apply. (1) The principle of overall planning and classified planning of urban and rural land use shall not apply. , Coordinated planning. (2) The resumption of rural land shall comply with the provisions of laws and regulations, and the wishes of farmers shall be fully respected. (3) The principle of reasonable compensation shall be provided to farmers who withdraw from rural land, and their property shall be fully protected. , housing and other rights. (4) The principle of unified management. The recovered rural land should be managed in a unified manner and classified and used rationally. (5) The recovery and utilization of rural land should be in accordance with the overall land use plan and village and town planning, and no unauthorized use is allowed. Change of land use. Article 4
The Chongqing Municipal Land and Resources Bureau (hereinafter referred to as the Land and Resources Bureau) is responsible for the guidance and supervision of the recovery and utilization of homesteads and buildings (structures); the Chongqing Municipal Agriculture Commission (hereinafter referred to as the Agricultural Commission) The Public Security Bureau, Finance Committee, Civil Affairs Bureau, Construction Committee, and Housing Management Committee are responsible for guiding and supervising the withdrawal and utilization of rural contracted land in the region. The "Land Exit Utilization Office" implements specific work, organizes and guides village (resident) committees and social organizations (groups) to do a good job in the transfer of rural homesteads and above-ground buildings (structures) and contracted land from use to households.
Article 6
Relevant departments at the district level must combine the urbanization process and economic and social development, act within their capabilities, guide, encourage and support social capital to participate in rural land consolidation and transfer, agricultural industrialization and scale Operation; support and encourage urban industrial and commercial capital and leading enterprises in agricultural industrialization to participate in rural land transfer and improve the efficiency of rural land exit and use. Chapter 2 Exit and Compensation
Article 7 is in line with the "Chongqing Municipal People's Government's Policy on Overall Planning." According to the access conditions stipulated in the "Opinions on the Reform of the Urban and Rural Household Registration System" (No. 247), rural residents who voluntarily change to urban residents are the objects of rural land withdrawal stipulated in these Measures.
Article 8 can transfer households in accordance with the conditions. The relevant provisions provide for the transfer of rural homestead use rights, house ownership, and contract management rights, and may also voluntarily withdraw and receive compensation in accordance with the provisions of these Measures.
Article 9 If rural residents voluntarily transfer to urban residents, their homesteads and buildings (structures) will be compensated according to the following provisions:
(1) Voluntary transfer of rural residents If the homestead and buildings (structures) are withdrawn, one-time compensation will be given to rural houses and their structures and attachments according to the corresponding standards of our district’s land acquisition policy at the time of withdrawal; the compensation for the homestead use rights shall be based on the land acquisition compensation in our district at the time of withdrawal. A one-time compensation will be given according to the standard (including the land attached to the homestead, the same below); the subsidy will be calculated based on the area of ??each household's exit from the homestead at a standard of 6.5438 million yuan/mu. There will no longer be any right to compensation for land acquisition in the future.
(2) If some family members become urban residents, when the whole family withdraws in the future, they will retain the right to receive corresponding compensation for the homestead and buildings (structures), and will no longer have the right to obtain the homestead. right. If the whole family becomes urban residents and withdraws from the homestead and buildings (structures), compensation will be paid according to the standards when the whole family withdraws.
(3) After the rural five-guarantee objects withdraw from their homesteads and buildings (structures), the township people's government (subdistrict office) will arrange centralized support, and the land use value-added income obtained will be turned over to the township in accordance with relevant regulations. The people's government (subdistrict office) establishes a special account specifically for centralized support of rural five-guarantee recipients.
Article 10 Those who voluntarily withdraw from the contracted area will be compensated according to the remaining years of the current contracting period and the local average annual circulation income level. The area of ??the contracted land shall be subject to the area stated in the rural land contract management right certificate. The compensation standard shall be negotiated between the collective economic organization and the farmers who withdraw their shares, and shall be discussed and decided by the collective economic organization members’ conference (or members’ representative conference).
If some family members become urban residents, they will retain the right to receive corresponding compensation or benefits from the contracted land when the whole family withdraws in the future. If the whole family becomes urban residents and withdraws from the contracted land, compensation will be based on the standard when the whole family withdraws.
Article 11 If the whole family of rural residents within the extended boundary of urban construction land determined in the overall land use plan voluntarily transforms into urban residents and withdraws from homesteads, buildings (structures) and all contracted land, they may After the rural land expropriation procedures are handled in accordance with the relevant provisions of "separation of expropriation and transfer", and compensation and resettlement are provided in accordance with the land expropriation policy, the land originally owned by rural collectives will be converted into state-owned land.
Article 12. Application, review, approval and implementation procedures for the transfer of residential land and the withdrawal of above-ground buildings (structures):
(1) The public security department of the place of residence transfer Residents who have been reviewed and approved for household transfer procedures can apply to the township people's government (subdistrict office) of the place where their household registration is transferred with the following requirements:
1. Application for voluntary withdrawal of homestead and building (structure) Form;
2. Rural real estate certificate;
3. Household transfer book and family member identity certification materials;
4. Collective economic organization agrees to transfer Written opinion;
5. Proof of having a legal and stable residence in the city;
6. Transfer confirmation notice issued by the public security agency;
7. Other needs Materials provided.
(2) After receiving the application, the township people's government (subdistrict office) will conduct a preliminary review of the farmers' relevant conditions and qualifications. After passing the preliminary review, the township people's government (subdistrict office) will clean up, measure, register, and calculate compensation fees for the farmer's family members, homesteads, and buildings within 15 working days. After the villagers' group publishes the list, the Farmers and rural collective economic organizations signed an "Agreement on Voluntary Exit of Homesteads and Buildings" with the township people's government (subdistrict office). The period stipulated in the agreement shall be calculated from the date of account transfer, but shall not exceed 3 years at most.
The township people's government (subdistrict office) shall submit the "Agreement on Voluntary Withdrawal of Homestead Site and Buildings (Structures)", the compensation list and other application materials within 5 working days from the date of signing the agreement. Reviewed by the District Land Consolidation Center.
(3) The land development and consolidation center shall be under unified management and shall be reported to the District Land and Resources Bureau for review and approval, and shall be reported to the District People's Government for review and approval within 10 working days.
(4) After approval by the people's government, the district land development and consolidation center will transfer the compensation for the withdrawal of homesteads and buildings (structures) to the account of the township people's government (subdistrict office), and the township people's government will The government (subdistrict office) pays the transfer households on a door-to-door basis. At the same time, the transferred residents should promptly deliver the homestead and above-ground buildings (structures) within the time limit stipulated in the agreement.
Article 13 Transfer residents who meet the conditions for urban affordable housing can be included in the scope of housing security such as low-rent housing and public rental housing after transferring to the city.
Article 14: Farmers' withdrawal from contracted land shall be carried out according to the following procedures:
(1) Farmers who wish to withdraw from contracted land shall submit a written application to the collective economic organization. The application should include the reasons for withdrawing from the contracted land, the area of ??the contracted land, whether all family members agree to give up the contracted management rights, etc. , and also provide the rural land contract management right certificate and transfer confirmation notice issued by the public security authority of the place of relocation.
(2) When farmers withdraw from contracted land, they must sign a written withdrawal agreement with the collective economic organization.
The agreement should include the following main contents:
1. The name of the head of the contracting farmer household, the number of persons contracted and their names;
2. The plot, location and area of ??the contracted land;
3. The method and amount of compensation;
4. Other matters agreed upon by both parties.
The period specified in the agreement shall be calculated from the date of account transfer, but shall not exceed 3 years at most.
(3) Collective economic organizations should publicize the withdrawal of contracted land and its compensation status. The publicity period shall be no less than 7 days.
(4) Compensation fees for withdrawing from contracted land shall be funded by collective economic organizations. If the collective economic organization is indeed unable to contribute capital, the rural land compensation revolving fund can be used for payment after review and confirmation by the district agricultural committee and the township people's government (sub-district office).
(5) If the land resumption compensation fee is paid with the rural land compensation working capital, the collective economic organization shall submit the land resumption application form, agreement, relevant reasons and materials to the township people's government (subdistrict office). The township people's government (subdistrict office) should review its authenticity and compliance with land resumption regulations within 15 working days. If the application meets the requirements, the township people's government (subdistrict office) shall report it to the district agricultural committee for approval within 5 working days and report it to the district people's government for approval. Only after approval can the rural land compensation revolving fund management agency pay compensation to retired farmers.
(6) After withdrawing from the contracted land and receiving compensation, the rural land contract management right certificate shall be returned to the farmer who withdraws from the land or the collective economic organization shall take back the rural land contract management certificate; if it is not returned, the collective economic organization may apply to the district agricultural committee for cancellation.
The "Agreement on Exiting from Rural Contracted Land" stipulates that if the land is transferred out of the transition period, the rural contracted management right certificate shall be handled by the township (street) agricultural supervisory unit or collective economic organization and reported to the certificate-issuing authority for record. Before the contracted land is delivered, the transferred residents may not transfer, lease, or mortgage the contracted land, nor may they change the use of the contracted land. Chapter 3 Rectification
Article 15 The Bureau of Land and Resources shall prepare a district-wide land consolidation, reclamation and development plan based on the overall land use plan and village and town plans, and organize its implementation after approval.
Article 16 The land development and consolidation center shall carry out rural land consolidation work according to the overall land use plan and land consolidation, reclamation and development plan; it meets the conditions of relative concentration and is suitable for agricultural use, etc. , the recovered homestead land shall be reclaimed as cultivated land or other agricultural land and handed over to collective economic organizations for management and utilization.
Homestead reclamation is implemented in accordance with the "Chongqing Rural Construction Land Reclamation Project Management Regulations".
Article 17 Relevant departments shall carry out comprehensive improvement of farmland, water, roads, forests, villages and houses, increase the area of ??cultivated land, improve the quality of cultivated land, enhance comprehensive agricultural production capacity, and improve rural production and living conditions and Ecological environment, increase agricultural production and efficiency, and increase farmers’ income.
Chapter 4 Utilization
Article 18 After the original rural land use right holder delivers the homestead and rural houses for land consolidation, the compensation-bearing unit may temporarily rent or temporarily change the rural houses. and other facilities.
For rural houses and collective construction land that have been withdrawn, compensated, and rectified from rural land, the compensation-bearing unit can apply for rural real estate certificates and rural collective land use rights certificates, and raise rural land through mortgages, temporary use, etc. Compensation working capital.
Article 19: After the homestead is recovered for reclamation, the original collective land ownership remains unchanged. The district land and resources bureau should conduct annual surveys on changes in land use status in a timely manner and update the land use status database; if it involves adjustments and changes in land ownership, it should handle relevant land ownership change registration procedures in accordance with the law.
Article 20 When withdrawing from residential land, priority should be given to ensuring rural development and construction land needs.
Beyond the extended boundaries of urban construction land determined in the overall land use plan, the construction land indicators generated after homestead reclamation will be used by the Bureau of Land and Resources through the linkage of urban and rural construction land increases or decreases or land stamp transactions.
The newly added cultivated land quota generated after the consolidation of agricultural land shall be approved by the Municipal Land and Housing Administration Bureau, and the Land Development and Consolidation Center shall apply to the Chongqing Rural Land Exchange for trading.
Article 21 The ownership and use rights of the recovered contracted land shall remain unchanged.
Agricultural committees, township people's governments (subdistrict offices) and collective economic organizations should strengthen the management and utilization of contracted land to prevent land from being abandoned.
If the contracted land is scattered and scattered, it can be relatively concentrated and contiguous through the replacement of contracted land, actively introduce urban capital, leading agricultural industrialization enterprises and large professional households to participate, vigorously promote agricultural industrialization and large-scale operations, and improve Utilize efficiency and give full play to benefits.
Article 22 The contracted land recovered by the collective economic organization with compensation can be managed and used by the collective economic organization in a unified way, and land compensation funds can be raised through transfer or other methods or traded on the Chongqing Rural Land Exchange.
Article 23: After the rural land compensation turnover fund pays the compensation fee from the contracted land, the collective economic organization shall sign a trusteeship agreement with the compensation bearer, and the compensation bearer shall organize the transfer of the contracted land in trust or in the Chongqing Rural Land Exchange transactions. Transfer or transaction proceeds are used to return rural land compensation working capital.
Article 24 If the recovered contracted land has been transferred, after the transferor changes, the original transfer contract will continue to be executed. If the collective economic organization contributes funds for compensation, the transfer proceeds shall be returned to the collective economic organization or the new contractor. If compensation is paid with rural land compensation working capital, the transfer proceeds will be used to return the rural land compensation working capital.
Article 25 If the paid land exit compensation cannot be balanced through land ticket transactions, contracted land transfer operations, etc., after review and confirmation by the district’s land, agriculture, finance and other departments, the district can Financial investment or appropriate reserve of state-owned land to obtain transfer revenue and other means to make up for the funding gap.
Chapter 5 Supervision
Article 26 Land, agriculture, finance, auditing, supervision and other departments shall strengthen the supervision of homesteads and buildings (structures), Supervision of compensation, utilization and fund use for contracted land recovery.
The Committee of Agriculture should strengthen supervision over the use of contracted land to prevent abandonment, and be responsible for mediating disputes over the withdrawal of contracted land.
Article 27 If the contracted land is used for non-agricultural construction without approval, the land law enforcement department will investigate and deal with it in accordance with the law.
Article 28 If relevant parties violate the provisions of these Measures and obtain compensation or seek illegitimate benefits by means of concealment, deception, fabrication, etc., the relevant departments shall be held accountable in accordance with the law.
Article 29: State agency staff will not compensate the relocated residents for their homesteads, buildings (structures), and contracted land, fail to compensate them in a timely manner, or otherwise infringe upon the rights and interests of the relocated residents. If the parties have legitimate rights and interests, the relevant administrative departments at the district level shall impose administrative sanctions on the relevant personnel in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 30: Township people’s governments (subdistrict offices), land, agriculture, finance, supervision and other competent departments and district land development and consolidation centers shall establish and make public reporting supervision, policy consultation hotlines and public mailboxes, Accept public consultation and supervise the recovery, compensation, transformation and utilization of homesteads, buildings and contracted land.
Chapter 6 Supplementary Provisions
Article 31 These Measures shall be implemented from August 1, 2065,438.
Article 32: The Bureau of Land and Resources and the Committee of Agriculture are responsible for the interpretation of these regulations based on the division of responsibilities. (1) If rural residents voluntarily transfer households and withdraw from the homestead and buildings (structures), a one-time compensation for the rural houses and their structures and attachments shall be provided according to the corresponding standards of my country's land acquisition policy at the time of withdrawal; compensation for the right to use the homestead , a one-time compensation will be given according to the land acquisition compensation standard in our district at the time of resumption (including the land attached to the homestead, the same below); based on the area of ??each household's withdrawal from the homestead, the subsidy will be calculated according to the standard of 6.5438 million yuan/mu. There will no longer be any right to compensation for land acquisition in the future.