(Announcement No.24 of the Standing Committee of the Ninth People's Congress of Zhejiang Province on July 5, 2000)
Chapter I General Principles
Article 1 In order to strengthen land management and promote the sustainable social and economic development of our province, these Measures are formulated in accordance with the Land Management Law of the People's Republic of China, the Regulations for the Implementation of the Land Management Law of the People's Republic of China and other laws and regulations, and in combination with the actual situation of this province.
Article 2 People's governments at all levels must implement the basic national policy of cherishing and rationally utilizing land and effectively protecting cultivated land, make overall plans, strictly manage, protect and rationally develop and utilize land resources, and stop illegal occupation and illegal sale of land.
Third land administrative departments of the people's governments at or above the county level shall be responsible for the land management and supervision within their respective administrative areas.
Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, cooperate with the land management and supervision.
The township (town) people's government shall, in accordance with the provisions of laws and regulations on land management, do a good job in land management and supervision within their respective administrative areas.
Chapter II Land Ownership and Use Right
Fourth land ownership and use rights shall be registered and issued according to law, and the specific measures shall be formulated by the provincial people's government.
Confirmation of the ownership or use right of forest land and the use right of water surface and beach used for aquaculture shall be handled in accordance with the provisions of relevant laws and regulations respectively.
Fifth land administrative departments due to work errors caused by improper registration of land ownership, should be corrected. If losses are caused, compensation shall be made.
If the land administrative department of the people's government at a higher level refuses to register the land administrative department of the people's government at a lower level according to law, or fails to correct the improper registration, it may be ordered to register or correct it within a time limit.
Chapter III Overall Land Use Planning
Article 6 The overall land use planning shall include the following contents:
(a) planning objectives, duration, scope and tasks;
(2) Land use structure and layout;
(3) Land use zoning;
(4) Various land use indicators;
(five) the scale of construction land for cities, villages and market towns;
(six) measures to implement the plan;
(seven) other matters that need to be stipulated.
Article 7 The overall land use planning of counties (cities) and townships (towns) shall delimit basic farmland protection areas, general farmland areas, garden areas, forestry areas, construction land areas, independent industrial and mining areas, natural and cultural landscape protection areas and other land use areas. According to the needs, make clear the land use of each partition.
Article 8 The overall land use planning of provinces, cities and counties shall be examined and approved at different levels in accordance with Article 21 of the Land Management Law of the People's Republic of China.
The overall land use planning of the town where the county (city) people's government is located and the township (town) determined by the provincial people's government shall be submitted to the provincial people's government for approval after being audited by the county (city) and the municipal people's government with districts; The overall land use planning of other townships (towns) shall be submitted to the municipal people's government with districts authorized by the provincial people's government for examination and approval after being examined and approved by the county (city) people's government.
After the overall land use planning of a township (town) is approved, the township (town) people's government shall make an announcement within its administrative area.
Ninth people's governments at all levels should strengthen the management of annual land use plans and control the total amount of construction land.
The preparation and examination and approval procedures for the annual land use plan are the same as those for the overall land use plan. Once approved, it must be strictly implemented.
Provincial key construction projects, the implementation of the annual land use plan.
Tenth no agricultural land conversion plan targets or exceed the planned targets, shall not be approved for new construction land.
If the compensation system for farmland occupation is not implemented or the planned targets for land development and consolidation are not completed, the planned targets for agricultural land conversion in the next year shall be reduced.
After approval, the indicators of the surplus agricultural land conversion plan can be carried forward to the next year for continued use.
Eleventh people's governments at or above the county level shall establish a land management information system within their respective administrative areas to dynamically monitor land resources, their development and utilization, and the protection of cultivated land.
Chapter IV Protection of Cultivated Land
Article 12 A compensation system for the occupation of cultivated land shall be implemented.
If non-agricultural construction is approved to occupy cultivated land, the unit occupying cultivated land shall be responsible for reclaiming cultivated land equivalent to the quantity and quality of cultivated land occupied; Units occupying cultivated land do not have the conditions for reclamation or the acceptance of cultivated land is unqualified, and the reclamation fee shall be paid in accordance with the provisions of the provincial people's government.
The land reclamation fee paid by the construction unit shall be regarded as the construction cost in accordance with the regulations and included in the total investment or production cost of the construction project.
Thirteenth people's governments at all levels should take effective measures to ensure that the number of cultivated land within their respective administrative areas does not decrease.
If the amount of cultivated land determined in the overall land use plan is reduced due to insufficient supplementary cultivated land or without approval according to law, the people's government at a higher level shall order the people's government at the same level to organize the development of cultivated land with the same quantity and quality as the reduced cultivated land within the prescribed time limit, and the land administrative department of the people's government at a higher level shall organize acceptance in conjunction with the relevant administrative departments of agriculture.
Land reserve resources are insufficient to ensure the amount of cultivated land within their respective administrative areas, and it shall, in accordance with the provisions of the provincial people's government, organize the ex situ reclamation of cultivated land or pay the land reclamation fee, and the land administrative departments of the provincial people's government shall organize the reclamation in a unified way.
Article 14 The municipal and county people's governments shall take measures to urge the units occupying cultivated land to use the topsoil of the occupied cultivated land for soil improvement of newly reclaimed cultivated land, inferior land or other cultivated land.
Fifteenth people's governments at all levels should organize land consolidation in a planned way according to the overall land use planning. After land consolidation, the newly-added cultivated land shall be reduced to the compensation index of cultivated land occupied by construction in accordance with the provisions of the state and the province.
Article 16 No unit or individual may idle or abandon cultivated land. If the approved non-agricultural construction occupies cultivated land, fails to start construction according to the specified date or stops construction after construction, resulting in idle land, or abandons cultivated land and wasteland, it shall be handled in accordance with the provisions of relevant laws, regulations and rules.
Article 17 Where state-owned barren hills, wasteland and wasteland are developed at one time in the land reclamation area determined in the overall land use planning for planting, forestry, animal husbandry and fishery production, an application shall be submitted to the land administrative department of the people's government at or above the county level for approval in accordance with the following procedures:
(a) less than forty hectares, by the land administrative departments of the people's government at the county level audit, reported to the people's government at the county level for approval, and reported to the municipal and provincial people's government land administrative departments for the record;
(II) more than 40 hectares less than 100 hectares, audited by the land administrative department of the municipal people's government with districts, reported to the municipal people's government with districts for approval, and reported to the land administrative department of the provincial people's government for the record;
(three) more than one hundred hectares and less than six hundred hectares, by the land administrative departments of the provincial people's government audit, submitted to the provincial people's government for approval;
(four) more than six hundred hectares, reported to the State Council for approval.
Anyone who develops barren hills, wasteland and wasteland collectively owned by farmers in the reclamation area determined in the overall land use planning to engage in planting, forestry, animal husbandry and fishery production shall obtain the consent of the rural collective economic organization where the land is located and report it to the people's government at the county level for approval.
Those who develop barren hills, wasteland and wasteland to engage in farming, forestry, animal husbandry and fishery production may be designated by the development unit or individual for long-term use with the approval of the people's government at or above the county level according to law, and the longest use period shall not exceed 50 years.
The development of barren hills, wasteland and wasteland must be scientifically demonstrated and evaluated, and the ecological environment must not be destroyed.
Eighteenth people's governments at or above the county level shall set up special funds for land reclamation and land improvement for land reclamation, land consolidation, reclamation and transformation.
The special fund for land reclamation and farmland improvement consists of the following items, of which items (4) and (5) are included:
(1) Land reclamation fees;
(2) Land idle fee;
(3) Land reclamation fees;
(four) the transfer of land use rights and other paid land use fees;
(five) new vegetable development and construction fund;
(six) other funds for land reclamation.
The charging standards stipulated in the preceding paragraph and the measures for their collection, use and management shall be formulated by the provincial people's government.
Chapter V Land for Construction
Nineteenth construction land, involving the conversion of agricultural land into construction land, shall go through the formalities for examination and approval of agricultural land conversion according to law.
In the scale of construction land for cities, villages and market towns determined by the overall land use planning, the following conditions shall be met if agricultural land is converted into construction land:
(a) in line with the overall land use planning;
(two) in line with the overall urban planning or village and market town planning;
(three) to obtain the annual plan index of agricultural land conversion;
(4) Measures to supplement cultivated land have been implemented.
Do not meet the conditions, shall not approve the conversion of agricultural land into construction land.
Twentieth in the overall land use planning to determine the scale of urban construction land, land occupation for the implementation of urban planning, in accordance with the following provisions:
(1) The people's governments of cities and counties shall, according to the annual plans for land use, prepare plans for the conversion of agricultural land, supplementary cultivated land and land requisition, and report them to the people's governments with approval rights in batches;
(2) The land administrative department of the people's government with the right of approval shall conduct a comprehensive review of the reported scheme, organize on-site reconnaissance, put forward examination opinions and report them to the people's government with the right of approval for approval; Among them, the supplementary cultivated land plan is approved by the people's government that approved the agricultural land conversion plan at the same time;
(3) After the plans for conversion of agricultural land, supplementary cultivated land and land requisition are submitted for approval, the municipal and county people's governments shall organize their implementation.
If the implementation of the village and market town planning requires the occupation of land within the scope of the construction land for villages and market towns determined in the overall land use planning, the municipal and county people's governments shall prepare plans for the conversion of agricultural land and supplementary cultivated land, and handle them in accordance with the procedures specified in the preceding paragraph. The people's government that submitted the materials shall be responsible for the authenticity and legality of the submitted materials; Land administrative departments are responsible to the people's governments at the corresponding levels.
Twenty-first after the approval of agricultural land conversion and the original construction land, the specific construction project land shall go through the examination and approval procedures in accordance with the following provisions:
(a) the land for construction projects below two hectares shall be audited by the land administrative department of the county (city) people's government, reported to the people's government at the same level for approval, and reported to the land administrative department of the people's government of the city or province with districts for the record;
(II) Where the land area of a construction project is more than two hectares and less than five hectares, it shall be audited by the land administrative department of the municipal people's government with districts, reported to the people's government at the same level for approval, and reported to the land administrative department of the provincial people's government for the record; Among them, the people's governments of Hangzhou and Ningbo can approve land for construction projects of more than two hectares and less than six hectares;
(III) The land used for construction projects in Hangzhou and Ningbo is more than six hectares, and other cities divided into districts are more than five hectares, which shall be audited by the land administrative department of the provincial people's government and submitted to the provincial people's government for approval.
Where a specific construction project needs to occupy the state-owned unused land determined in the overall land use planning, it shall go through the examination and approval procedures in accordance with the provisions of the preceding paragraph. Except as otherwise provided by laws and administrative regulations.
The examination and approval authority shall make a decision of approval or disapproval within 30 days from the date of receiving the materials.
Article 22 When land is requisitioned, the land requisition unit shall pay the land compensation fee, resettlement fee, compensation fee for young crops and ground attachments in full within three months from the date of approval of the land requisition compensation and resettlement plan.
Twenty-third land requisition land compensation fees paid according to the following standards:
(a) the expropriation of cultivated land, according to the compensation of eight to ten times the average annual output value of the three years before the expropriation;
(two) the expropriation of agricultural land other than cultivated land shall be compensated at four to seven times the average annual output value of the three years before the expropriation;
(three) the expropriation of unused land, according to the local arable land compensation fee of fifty percent compensation;
(four) the expropriation of construction land shall be compensated with reference to the local compensation standard for cultivated land.
Article 24 The resettlement subsidy for requisitioned cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the number of cultivated land requisitioned by the average number of cultivated land occupied by each requisitioned unit before requisition. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. However, the maximum resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times of the average annual output value in the three years before expropriation.
Resettlement subsidies for land other than cultivated land requisitioned shall be handled with reference to the provisions of the preceding paragraph.
Land acquisition and resettlement subsidies must be earmarked for labor resettlement and shall not be used for other purposes. The municipal and county people's governments shall organize relevant departments and units to take social insurance, provide employment opportunities, set up enterprises, provide one-time subsidies and other ways to properly resettle the people who need to be resettled.
Article 25 If land compensation fees and resettlement subsidies are paid in accordance with the provisions of Item (1) of Article 23 and Paragraph 1 of Article 24 of these Measures, and farmers who need resettlement cannot maintain their original living standards, the resettlement subsidies may be increased with the approval of the provincial people's government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation.
The agricultural tax and agricultural specialty tax borne by the expropriated land shall be stopped from the year following the approval of expropriation.
Twenty-sixth compensation for young crops on the expropriated land shall be calculated according to the output value of crops in the current season; Compensation fees for trees, buildings, structures and irrigation and water conservancy facilities on the expropriated land shall be calculated according to their actual values; Trees, crops or facilities built after the announcement of the land acquisition plan will not be compensated.
Article 27 The calculation method of the average annual output value is: the average annual output value of the three years before expropriation is multiplied by the price stipulated by the state; If the state does not stipulate the price, it shall be calculated according to the market price announced or recognized by the price department of the local city or county.
The average annual output mentioned in the preceding paragraph shall be based on the average annual output of the township (town) in the first three years as counted by the statistics department where the land is expropriated.
Twenty-eighth city and county people's governments shall, in accordance with the provisions of these measures, combined with local conditions, formulate specific standards for land compensation.
Twenty-ninth for the implementation of urban planning, for the public interest or the transformation of the old city, it is necessary to use the land, and it is necessary to adjust the land. If the state-owned land use right is approved according to law, the land use right holder shall be compensated in accordance with the following provisions:
(a) the original land use right is obtained by means of transfer and other paid use, and if there is an agreement in the contract, compensation shall be given according to the agreement; If there is no agreement in the contract, compensation shall be given according to the remaining period of the paid land use contract, land use, development and construction costs and other factors;
(two) the original acquisition of land use rights by means of allocation, with reference to the compensation standard for expropriation of non-cultivated land at the time of recovery;
(three) buildings on the ground, in accordance with the relevant laws and regulations of urban housing demolition compensation.
Due to the construction of township (town) village facilities and public welfare undertakings or the implementation of urban, village and market town planning, land needs to be used, and the land use right collectively owned by farmers is recovered with the approval of law, and the land use right holder is given appropriate compensation; Buildings on the ground shall be given reasonable compensation according to their actual value.
Article 30 Where a construction unit uses the land of state-owned agriculture, forestry, animal husbandry and fishing grounds for construction, it shall go through the formalities of examination and approval for conversion of agricultural land and construction land in accordance with the relevant laws, regulations and these Measures.
Thirty-first units or individuals that have obtained the right to use state-owned land by transfer or other paid means shall pay land use fees and other fees in accordance with the provisions of the State Council.
30% of the paid land use fee for new construction land will be turned over to the central finance, and 70% will be reserved for the people's governments of provinces, cities and counties, which will be used exclusively for cultivated land development. The retention ratio at all levels shall be stipulated by the provincial people's government.
Article 32 The allocated land use right shall not be transferred, leased or mortgaged without authorization. If it is really necessary to transfer, lease or mortgage, the relevant formalities shall be handled according to law.
Article 33 If it is necessary to temporarily use state-owned land or land collectively owned by farmers for engineering construction, storage, transportation and geological exploration, or to temporarily build buildings for farming and aquaculture, land users shall sign temporary land use contracts with land administrative departments of people's governments at or above the county level or villagers' committees and rural collective economic organizations in accordance with land ownership, and pay compensation for temporary land use in accordance with the contract.
Temporary use of land below two hectares shall be approved by the land administrative department of the people's government at the county level; Temporary use of more than two hectares of land shall be approved by the land administrative department of the Municipal People's government with districts; Temporary use of land exceeding five hectares shall be reported to the land administrative department of the provincial people's government for the record. Where the laws and regulations require the prior approval of the relevant departments, the consent of the relevant departments shall be obtained in advance before approval.
Users of temporary land shall use the land according to the purposes agreed in the temporary land use contract, and shall not build permanent buildings.
The term of temporary use of land is generally not more than two years.
When the temporary land expires, the land user shall return the land and restore the original state of the land.
Article 34 If rural private enterprises and individual industrial and commercial households need to use the land owned by the collective economic organizations for non-agricultural production and operation, they can use it with compensation, and apply for land use. After being audited by the local township (town) people's government, they shall go through the examination and approval procedures in accordance with the provisions of Article 21 of these Measures; Among them, involving the occupation of agricultural land, the examination and approval procedures shall be handled in accordance with the provisions of Article 44 of the Land Administration Law of the People's Republic of China.
Where the use of land collectively owned by peasants is approved in accordance with the provisions of the preceding paragraph, the land user shall sign a land use contract with the villagers' committee or the rural collective economic organization in accordance with the approval documents, and determine the purpose, area, duration and cost of the paid use of the land.
When the term of land use expires, the land shall be returned to the rural collective economic organizations, and the buildings and other facilities on the ground shall be disposed of in accordance with the land use contract. If the land use period expires and needs to be renewed, the renewal procedures shall be handled according to law.
Article 35 Rural villagers should build houses in accordance with the overall land use planning of townships (towns) and the planning of villages and market towns, and make full use of the original homestead, ditches in the village and hilly land around the village; Encourage natural villages to gather in the central village; Encourage unified construction, joint construction and apartment building; Strictly control the occupation of cultivated land for building houses.
A rural villager can only own one homestead, and the area standard of the homestead (including ancillary buildings and courtyard land) is that the cultivated land should not exceed125m2; Other land shall not exceed140m2, and the maximum of mountainous wasteland and barren slope shall not exceed160m2.
The specific standards for rural villagers' homesteads shall be determined by the municipal and county people's governments within the scope specified in the preceding paragraph.
Article 36 When building residential land, rural villagers shall submit a written application to the villagers' committee or rural collective economic organization where their household registration is located, which shall be discussed and approved by the villagers' committee or rural collective economic organization and published, reviewed by the township (town) people's government and reported to the people's government at the county level for approval.
Rural villagers who use agricultural land for residential construction shall go through the examination and approval procedures for the conversion of agricultural land according to law.
Rural villagers are approved to build houses easily. After the house is completed, the original homestead shall be returned to the villagers' committee or the rural collective economic organization, and the land use right of the original homestead shall be cancelled by the land administrative department; Belonging to new buildings and the demolition of old buildings, the ground buildings shall be demolished by themselves, and if they refuse to be demolished, the land administrative departments shall order them to be demolished within a time limit.
Thirty-seventh in any of the following circumstances, the application for homestead shall not be approved:
(a) before applying for a new homestead, the area of the homestead has reached the prescribed standard, except for the transformation of the old village for the implementation of village and market town planning;
(two) lease, sell or transfer the buildings on the ground in other forms, and then apply for the homestead;
(three) after all family members apply for approval of the homestead on a household basis, they do not have the conditions for household separation and apply for the homestead on the grounds of household separation.
Thirty-eighth workers, soldiers and other people who have settled in their hometowns should apply for the construction of residential land, and they should hold the certificate of no housing issued by the original unit or the township (town) people's government where the original account is located, and the homestead area should be implemented according to local standards.
Overseas Chinese, compatriots from Taiwan, Hong Kong and Macao, and foreign Chinese who have settled in their hometowns shall build houses with reference to local standards.
The persons specified in the first and second paragraphs of this article who apply for homestead shall go through the formalities specified in Article 36 of these Measures.
Thirty-ninth land users need to change the land use, must meet the requirements of the overall land use planning, and re apply for land examination and approval procedures according to law.
Changes in the land use within the planning area of cities, villages and market towns shall be approved by the administrative department in charge of planning of cities, villages and market towns before approval.
Fortieth completed buildings and structures need to be rebuilt or expanded, which shall conform to the purposes determined by the overall land use planning and urban planning, village and market town planning, and go through the planning and land use approval procedures again according to law. If the land use reconstruction is not changed within the specified area, the procedures shall be simplified and timely approved.
Chapter VI Supervision and Inspection
Article 41 People's governments at or above the county level shall regularly report the following matters to the people's congresses at the corresponding levels or their standing committees:
(a) the implementation of the overall land use planning and annual plan;
(2) Protecting basic farmland and other cultivated land;
(three) the collection and use of paid land use fees such as land reclamation and land use right transfer fees;
(four) other matters that need to be reported by the Standing Committee of the people's Congress.
Article 42 The people's governments at or above the county level and their land administrative departments shall carry out land supervision and inspection in accordance with the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the Regulations on Land Supervision in Zhejiang Province and other laws and regulations and these measures.
Article 43 Where a unit occupying cultivated land refuses to reclaim cultivated land or pay the land reclamation fee within the prescribed time limit, the land administrative department of the people's government at or above the county level shall order it to reclaim cultivated land within a time limit or pay the land reclamation fee.
If the land administrative department fails to organize land reclamation in accordance with the provisions after collecting land reclamation fees according to law, the land administrative department at a higher level shall collect land reclamation fees and organize land reclamation.
Forty-fourth land administrative departments of the people's governments at or above the county level shall establish a land inspection system.
In the supervision and inspection, the land administrative departments of the people's governments at or above the county level shall be ordered to stop construction if they find that the land is illegally occupied or exceeds the approved construction standards; Those who refuse to stop or continue the construction may, with the approval of the person in charge of the land administrative department of the people's government at or above the county level, seal up or temporarily detain the tools, equipment and building materials used for construction.
Chapter VII Legal Liability
Forty-fifth land violations, laws and regulations have administrative penalties, in accordance with the provisions of relevant laws and regulations.
Article 46 If the relevant land fees are illegally reduced or exempted beyond the approval authority or in violation of regulations, the approval shall be invalid, and the land administrative department at a higher level or the relevant administrative department shall order it to recover the reduced fees within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 47 If land compensation fees, resettlement subsidies, young crops and ground attachments are not paid within the time limit, the land administrative department at a higher level shall order them to pay within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Article 48 Whoever embezzles, misappropriates, intercepts or privately divides land acquisition compensation and related land fees shall be ordered by the people's government at the next higher level or the relevant administrative departments to return them within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 49 If a party who has legally recovered the right to use state-owned land refuses to hand over the land, return the land or use the state-owned land according to the approved purpose after the expiration of the temporary use period, the land administrative department of the people's government at or above the county level shall order it to return the land within a time limit and impose a fine of more than 20 yuan and less than 30 yuan per square meter for illegally occupying the land. If it is not returned within the time limit, it shall apply to the people's court for compulsory execution.
Fiftieth do not apply for land change registration according to law, the land administrative departments of the people's governments at or above the county level shall be responsible for the deadline; If it is not handled within the time limit, it shall be given a warning and may be fined between ten yuan and twenty yuan per square meter.
Article 51. If the development of forestry, fruit industry and aquaculture on cultivated land leads to the destruction of grain planting conditions, the land administrative department of the people's government at or above the county level shall order it to restore the original planting conditions within a time limit, and if it fails to do so within the time limit, a fine of more than one time and less than two times the land reclamation fee shall be imposed.
Fifty-second people's governments at or above the county level and their land administrative departments in any of the following circumstances shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) failing to register the land ownership according to law or unable to correct it due to improper registration;
(two) in the examination and approval of land fraud;
(three) beyond the statutory authority, statutory procedures and statutory time limit for examination and approval of land;
(four) not in accordance with the overall land use planning to determine the use of land approval;
(five) favoritism, illegal low-cost transfer of state-owned land use rights;
(six) no administrative punishment shall be given to the illegal acts of land that should be given administrative punishment according to law, or the administrative punishment is obviously unfair;
(seven) in violation of administrative law enforcement procedures.
Chapter VIII Supplementary Provisions
Article 53 These Measures shall come into force as of the date of promulgation.