Qianjiang Fuban Fa [2065438+00] No.322
Office of Qianjiang District People's Government of Chongqing Municipality
Notice on printing and distributing the detailed rules for the implementation of the reform of household registration system for the withdrawal and utilization of rural land in Qianjiang District (for Trial Implementation)
Sub-district offices, township people's governments, district government departments and districts are state-owned key enterprises:
The detailed rules for the implementation of the household registration system reform in Qianjiang District on the withdrawal and utilization of rural land (for Trial Implementation) have been deliberated and adopted at the 20 10/6th executive meeting of the district government in September 20/0, and are hereby printed and distributed to you, please earnestly organize the implementation.
20 10 September 16
Detailed Rules for the Implementation of Household Registration System Reform in Qianjiang District (for Trial Implementation)
Chapter I General Principles
Article 1 In order to promote the reform of urban and rural household registration system in our district, accelerate the coordinated development of urban and rural economy and society, and promote the effective utilization of rural land resources, according to the Opinions of Chongqing Municipal People's Government on the Reform of Urban and Rural Household Registration System (Yu Fu Fa [2010] No.78) and the Notice of the General Office of Chongqing Municipal People's Government on Printing and Distributing the Measures for the Exit and Utilization of Rural Land in Chongqing Household Registration System Reform (Trial) (Yu Ban Fa [2000]
Article 2 If rural residents who own legal rural housing, homestead and contracted farmland voluntarily withdraw from rural housing, homestead and contracted farmland to become urban residents in accordance with the relevant provisions of household registration management, these rules shall apply to the withdrawal and use of structures (attachments) within the right to use rural housing and homestead (hereinafter referred to as homestead and buildings) and contracted farmland.
Under the principle of compensation according to law, the ownership and use right of forests and trees and the use right of trees can be transferred through subcontracting, leasing, transfer, auction, shareholding, joint venture and allocation, and the specific transfer measures shall be formulated separately.
In the construction of large and medium-sized water conservancy and hydropower projects, the land-lost rural immigrants and rural residents in villages without land transfer to non-personnel shall be implemented in accordance with the provisions of the state, the city and our district on land acquisition, and these rules are not applicable.
Article 3 The withdrawal and utilization of rural land shall follow the following principles:
(1) The principle of overall consideration. Overall design, classified planning and overall planning of urban and rural land use.
(2) The principle of voluntariness according to law. The recovery of rural land shall comply with the provisions of laws and regulations and fully respect the wishes of farmers.
(3) The principle of reasonable compensation. Give reasonable compensation to farmers who quit rural land, and fully protect farmers' property, housing and other rights.
(4) the principle of unified management. Recovered rural land should be managed in a unified way and used rationally by classification.
(5) Use the control principle. The recovery and utilization of rural land shall conform to the overall land use planning and town planning, and the land use shall not be changed without authorization.
The fourth district land administrative departments shall be responsible for guiding and supervising the withdrawal and utilization of residential sites and buildings (structures) in the whole district; The administrative department of agriculture in the district is responsible for the guidance and supervision of the withdrawal and utilization of rural contracted farmland in the whole region; The district forestry administrative department is responsible for the supervision, management and examination and approval of the transfer of contracted forest land by residents in the whole region.
Public security, finance, civil affairs, urban and rural construction, planning and other departments in accordance with their respective responsibilities, respectively, do a good job in related work.
Neighborhood offices, township people's governments and administrative departments of land, agriculture, forestry and finance shall do a good job in the management of rural homesteads and houses, the withdrawal and utilization of contracted cultivated land, and the circulation of forest land and trees within their respective administrative areas.
Neighborhood offices and Township People's governments shall organize and guide village (neighborhood) committees and groups to do a good job in the withdrawal and utilization of rural land.
Fifth rural land consolidation agencies approved by the district government are responsible for the following work:
(a) to recover the homestead and buildings (structures), contracted farmland cleaning, registration, calculation, payment and other specific implementation work.
(two) compensation, transformation, management and utilization of homestead and buildings (structures) outside the extended boundary of urban construction land determined by the overall land use planning.
(III) Through loans, financial investment funds, financial working capital, land ticket income and other channels, specially raise the compensation working capital for contracted cultivated land outside the extended boundary of urban construction land determined by the overall land use planning to withdraw from rural land, and undertake the compensation and rectification work after the withdrawal of contracted cultivated land in accordance with the relevant provisions of these Rules.
State-owned land reserve institutions can specifically raise rural land compensation working capital for homesteads and buildings (structures) and contracted cultivated land within the extended boundary of urban construction land determined by the overall land use planning, and can entrust rural land consolidation institutions to implement it.
Rural land circulation service stations established by subdistrict offices and township people's governments are specifically responsible for the management and utilization of contracted cultivated land.
Article 6 Relevant departments at the district level shall, in combination with the urbanization process and economic and social development, do what they can, guide, encourage and support social capital to participate in rural land consolidation and circulation, agricultural industrialization and large-scale operation; Support and encourage urban industrial and commercial capital and leading enterprises in agricultural industrialization to participate in the circulation of rural land and forest land, and improve the efficiency of rural land withdrawal and utilization.
Chapter II Withdrawal and Compensation
Article 7 Rural residents who meet the access conditions stipulated in the Opinions of Qianjiang District People's Government of Chongqing Municipality on Coordinating the Reform of Urban and Rural Household Registration System (Qianjiang Fufa [2010] No.56) and voluntarily become urban residents are the objects of rural land withdrawal stipulated in the detailed rules for implementation.
Article 8 Transfer households may transfer the right to use rural residential land, house ownership and contractual management right in accordance with relevant regulations, or voluntarily withdraw and get compensation in accordance with the provisions of these Detailed Rules, and encourage transfer households to withdraw in batches.
Ninth rural residents who voluntarily turn into urban residents, their homestead and buildings (structures) shall be compensated according to the following provisions:
(a) rural residents voluntarily transfer households and withdraw from the homestead and buildings (structures), and give one-time compensation to rural houses and their structures and attachments with reference to the land acquisition policy of our district at the time of withdrawal; When the right to use the homestead is withdrawn, it will be given a one-time compensation with reference to the land compensation standard in the land acquisition policy of our district; The purchase subsidy is based on the agricultural population registered in the household registration book before the transfer. The housing subsidy in the central city is 1.5 million yuan/person, and the housing subsidy in villages and towns is 8000 yuan/person. In the future, land acquisition will no longer enjoy the right to compensation.
(2) If some family members become urban residents, they will retain the right to obtain the corresponding compensation for the homestead and buildings (structures) when the whole family withdraws in the future, and will no longer enjoy the right to obtain the homestead. If the whole family turns into urban residents, they will withdraw from the homestead and buildings, and be compensated according to the standards when the whole family withdraws.
(III) After the rural five-guarantee object (excluding orphans) withdraws from the homestead and the building (structure), the civil affairs department will make unified arrangements for centralized support, and the rural land consolidation institution will establish a special account and special account management, and the land use value-added income obtained will be turned over to the civil affairs department in accordance with the relevant provisions to be earmarked for centralized support of the rural five-guarantee object.
Tenth to voluntarily withdraw from the contracted farmland, according to the remaining years of the current contract period and the average annual turnover income standard compensation. The second contracting period in our district is1June 30, 998 to June 30, 2028, and the remaining years are from the withdrawal of contracted cultivated land to June 30, 2028. The area of contracted cultivated land recovered shall be subject to the area specified in the rural land contractual management right certificate. The compensation standard is: in the urban planning area, it shall be implemented according to the compensation standard for land acquisition and demolition; Six streets (east, west, south, Bai Zhou, Zhengyang and Feng Jia) outside the urban planning area belong to this administrative region, and four central towns (Shi Hui Town, Zhuoshui Town, Apengjiang Town and Spicy Town). The compensation standard in the town planning area is 650 yuan per mu of farmland and 600 yuan per mu of soil every year. The compensation standard for the four central towns and other areas outside the township planning area is 550 yuan per mu of cultivated land and 500 yuan per mu of soil (the area is calculated according to the confirmed area).
The plots and feed fields formed in history shall be compensated according to the standard of contracted farmland, and the area shall be subject to the registered area of contracted land.
Article 11 If the whole family of rural residents within the expansion boundary of urban construction land determined by the overall land use planning voluntarily turns into urban residents and withdraws from the homestead, buildings and all contracted cultivated land, compensation and resettlement shall be given in accordance with the land acquisition policy for the same period. In accordance with the relevant provisions of the rural land acquisition procedures, the land originally owned by rural collectives will be converted into state-owned land.
Article 12 If some family members become urban residents, they will retain their right to receive corresponding compensation or income from contracted farmland when the whole family withdraws in the future. When the whole family members become urban residents, the contracted farmland will be recovered and compensated according to the standard when the whole family withdraws.
Thirteenth transfer of residential land and the withdrawal of buildings (structures) shall be carried out in accordance with the procedures of application, examination, approval and implementation:
(a) residents who have been examined and approved by the public security department of the place where their household registration moves in registered permanent residence may apply to the street offices and township people's governments of the place where their household registration moves out according to the following requirements:
1. application form for voluntary withdrawal from homestead and buildings (structures);
2. Rural real estate warrants;
3. The household registration book of the transferring household and the identification materials of family members;
4. Written opinions of collective economic organizations agreeing to transfer households to return land;
5. Proof of legally stable residence in the town (including proof of purchase);
6. Notice of transfer confirmation issued by the public security organ;
7. Other materials that need to be provided.
(two) street offices and Township People's governments shall, after receiving the application, conduct a preliminary examination of the relevant conditions and qualifications of farmers. After passing the preliminary examination, the sub-district office, the Township People's Government and the rural land consolidation agency will clean up and measure the situation of farmers' family members and homestead and buildings (structures) within 15 working days, register and calculate the compensation fees, and after the villagers' group posts, farmers, rural collective economic organizations and rural land consolidation agencies will sign the Agreement on Voluntary Withdrawal from Homestead and Buildings (Structures). The term agreed in the agreement shall be counted from the date of transfer, but the longest period shall not exceed 3 years.
Neighborhood offices and Township People's governments shall, within 5 working days from the date of signing the agreement, submit the application materials such as the Agreement on Voluntary Withdrawal from Homestead and Building (Structure) and the compensation list to the district land administrative department for examination and approval.
(three) the district land administrative departments shall register and manage in a unified way, and report to the district government for approval within 10 working days.
(4) After the repossession of the homestead and buildings (structures) is approved, the transferring residents shall deliver the homestead and buildings (structures) in time according to the time limit agreed in the agreement, and obtain compensation for repossession of the homestead and buildings (structures) at the same time.
After the homestead and buildings (structures) exit, the original rural real estate certificate shall be cancelled according to law. If the agreement stipulates the transition period of land transfer, the certificate of rural real estate ownership shall be managed by the rural land consolidation institution and reported to the ownership registration institution for the record. Before the homestead and buildings (structures) are delivered for use, the transferred residents shall not transfer, lease or mortgage the homestead and buildings (structures), and shall not change the use and present situation of the homestead and buildings (structures).
Fourteenth households contracted farmland, plots, feed field exit, according to the following procedures:
(1) Farmers who withdraw from contracted cultivated land, private plots of land and forage fields shall submit a written application to the collective economic organizations. The application should include the reasons for withdrawal, the withdrawal area, whether all family members agree to give up the contractual management right, etc. At the same time, provide the rural land contractual management right certificate and transfer confirmation notice issued by the public security organ of the place of emigration.
(two) farmers who withdraw from contracted cultivated land, private plots and feed fields shall sign a written withdrawal agreement with collective economic organizations. The agreement shall include the following main contents:
1. Name of head of household, contracted population and their names of contracted farmers;
2. Plots, locations and areas of contracted cultivated land, private plots and feed fields;
3. The way and amount of compensation;
4. Other matters agreed by both parties.
The term agreed in the agreement shall be counted from the date of rotation of the household, but the longest period shall not exceed 3 years.
(3) Collective economic organizations shall publicize the withdrawal of contracted cultivated land, private plots and feed farms and their compensation. The area of contracted cultivated land, private plots and feed land recovered shall be subject to the area specified in the rural land contractual management right certificate. The publicity time is not less than 7 days.
(four) the compensation for withdrawing from the contracted cultivated land, private plots and feed fields shall first be funded by the collective economic organizations. If the collective economic organizations are really unable to contribute, the district finance can be used to pay the rural land compensation working capital to the rural land consolidation institutions after the district agricultural administrative department in conjunction with the sub-district offices and the township people's governments for examination and confirmation.
(5) Where the rural land compensation working capital is used to pay the land recovery compensation, the collective economic organization shall report the land recovery application, land recovery agreement, relevant land recovery reasons and materials to the subdistrict office and the Township People's government. Sub-district offices and Township People's governments shall, within 15 working days, review its authenticity and compliance with the provisions on land resumption. Audited in accordance with the provisions of the neighborhood offices, Township People's government should be reported to the district administrative department of agriculture for approval within 5 working days, and reported to the district government for approval. After approval, rural land consolidation institutions can pay compensation fees to farmers who have been retired.
(six) after withdrawing from the contracted cultivated land, private plots and feed fields and obtaining compensation, the collective economic organizations shall return or withdraw the rural land contractual management right certificate; If it is not returned, the collective economic organization may request the district agricultural administrative department to cancel it. The administrative department of agriculture of the district shall inform the rural land consolidation institution in writing of the recovery or cancellation of the contract management right certificate.
If the Agreement on Withdrawing Rural Contracted Cultivated Land, Private Plot and Feed Land stipulates the transition period of returning households to land, the rural contracted management right certificate shall be managed by the rural land consolidation institution and reported to the district agricultural administrative department for the record. Before the contracted farmland is delivered, the transferred residents shall not transfer, lease or mortgage the contracted farmland, and shall not change the use of the contracted farmland.
Article 15 If the homestead, buildings and contracted farmland recovered by the transferred residents are located within the extended boundary of urban construction land determined by the overall land use planning, the state-owned land reserve institution shall pay compensation in one lump sum according to its reserve scope and the calculation of rural land consolidation institutions.
The state-owned land reserve institution entrusts the rural land consolidation institution to sign the Agreement on Voluntary Withdrawal from Homestead and Building (Structure) with the transferred residents and collective economic organizations.
Article 16 The district government may supply the state-owned construction land in the urban planning area by administrative allocation, and make unified planning and construction for the transferred residential areas. Transfer residents can apply for purchase according to the provisions of the district.
Transfer residents who meet the requirements of 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.
Chapter III Rectification
Seventeenth district land administrative departments shall, according to the overall land use planning and town planning, prepare the land consolidation and reclamation development plan of the whole region, and organize the implementation after approval.
District financial departments and relevant financial institutions shall support rural land consolidation institutions to raise funds for rural land consolidation through financial allocations, loans and other channels.
Article 18 Rural land consolidation institutions shall prepare a reclamation plan, define the land type, scale, engineering design, project progress and capital operation of reclamation, and organize the implementation according to procedures after being audited by the district land management department and reported to the municipal land management department for the record.
Nineteenth rural land consolidation institutions may apply for loans from financial institutions, which shall be filed by the municipal land administrative department.
Twentieth district land administrative departments should carry out rural land consolidation according to the overall land use planning, land consolidation and reclamation development planning; It meets the conditions of relative concentration and is suitable for agricultural use. The reclaimed homestead should be reclaimed as cultivated land or other agricultural land and handed over to the collective economic organizations for management and utilization.
The homestead reclamation shall be implemented in accordance with the Regulations of Chongqing Municipality on the Administration of Rural Construction Land Reclamation Projects.
Article 21 The relevant departments at the district level shall, through comprehensive improvement of fields, water, roads, forests, villages and houses, increase the area of cultivated land, improve the quality of cultivated land, enhance the comprehensive agricultural production capacity, improve rural production and living conditions and ecological environment, and promote agricultural production and farmers' income.
Chapter IV Utilization
Article 22 After the original rural land use right holder has delivered the homestead and rural houses for land renovation, the rural land renovation institution or the state-owned land reserve institution may temporarily lease or temporarily change the use of rural houses and other facilities with the approval of the district land administrative department.
For rural houses, collective construction land and agricultural land that have been revoked, compensated and rectified in rural areas, rural land rectification institutions or state-owned land reserve institutions may apply to the district land and housing registration institutions for rural real estate warrants and rural collective land use warrants, and raise rural land compensation working capital through mortgage and temporary use.
Twenty-third reclaimed homestead, the original collective land ownership remains unchanged. The district land administrative department shall conduct an annual survey on the changes of land use status in a timely manner and update the database of land use status; Involving the adjustment and change of land ownership, the relevant land ownership change registration procedures shall be handled according to law.
Twenty-fourth out of the homestead should give priority to the protection of rural development and construction land demand.
Outside the extended boundary of urban construction land determined by the overall land use planning, the indicators of construction land produced after the reclamation of homestead shall be used by rural land consolidation institutions through the increase or decrease of urban and rural construction land or land ticket transactions.
After the renovation of agricultural land, the index of new cultivated land shall be examined and approved by the municipal land administrative department, and the rural land renovation institution shall apply to the Chongqing Rural Land Exchange for trading.
Article 25 The ownership and use right of contracted cultivated land recovered shall remain unchanged. Neighborhood offices, township people's governments, district agricultural administrative departments and collective economic organizations shall strengthen the management, renovation, management and utilization of contracted cultivated land to prevent land abandonment.
If the contracted farmland is scattered, it can be relatively concentrated and contiguous through the replacement of contracted farmland, actively introduce urban capital, leading enterprises in agricultural industrialization and large professional households to participate, vigorously promote agricultural industrialization and large-scale operation, improve utilization efficiency and give full play to benefits.
Article 26 The contracted cultivated land funded by collective economic organizations can be used uniformly by collective economic organizations, and land compensation funds can be raised through circulation or traded in Chongqing Rural Land Exchange.
Article 27 After the rural land consolidation institution pays the compensation fee for recovering the contracted farmland, the collective economic organization shall sign a custody agreement with the rural land consolidation institution, and the rural land consolidation institution shall organize the transfer of the contracted farmland under custody or trade it on the Chongqing Rural Land Exchange. The transfer income is used to return the rural land compensation working capital.
If the contracted cultivated land within the extension boundary of urban construction land determined by the overall land use planning is withdrawn and compensated by the state-owned land reserve institution, the collective economic organization shall sign a custody agreement with the state-owned land reserve institution, which shall operate and manage it.
Article 28 If the contracted cultivated land that has been withdrawn has been transferred, the original transfer contract will continue to be implemented after the transferor changes. If the compensation is funded by the collective economic organization, the transfer proceeds shall be returned to the collective economic organization or the new contractor. If compensation is paid in advance by rural land consolidation institutions or state-owned land reserve institutions, the transfer proceeds will be used to return the rural land compensation working capital or state-owned land reserve institutions.
Article 29 If the paid land withdrawal compensation fee cannot be balanced through land ticket transaction and contracted farmland circulation management, the fund gap shall be made up by means of district financial investment or reserving appropriate state-owned land to obtain transfer income after being examined and confirmed by the departments of land, agriculture and finance.
If the compensation is funded by the state-owned land reserve institution, the land recovery compensation fee shall be included in the transfer cost of the right to use the state-owned construction land reserved by the state-owned land reserve institution.
Chapter V Supervision
Thirtieth district land, agriculture, finance, auditing, supervision and other departments should strengthen the supervision of the compensation, utilization and use of funds for the withdrawal of homestead and overground buildings and contracted cultivated land according to the division of responsibilities.
The administrative department of agriculture in the district shall strengthen the supervision over the use of contracted cultivated land, prevent the abandonment of wasteland, and mediate the dispute over the withdrawal of contracted cultivated land.
The district forestry administrative department shall strengthen the supervision of residents' forest land circulation, and be responsible for mediating disputes over contracted forest land circulation.
Thirty-first unauthorized use of contracted land for non-agricultural construction shall be investigated and dealt with by the district land administrative departments according to law.
Thirty-second relevant parties in violation of the provisions of these measures, by concealment, deception, fabrication and other means to obtain compensation or seek illegitimate interests, the relevant departments shall be investigated for corresponding responsibilities according to law.
Article 33 If any functionary of a state organ fails to compensate the homestead, buildings (structures) and contracted farmland recovered by the transferred residents, fails to compensate in time or infringes upon the legitimate rights and interests of the transferred residents and the parties in other ways, the relevant administrative department at the district level shall give administrative sanctions to the relevant personnel according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 34 Departments in charge of land, agriculture, forestry, finance and supervision, rural land consolidation institutions, state-owned land reserve institutions, neighborhood offices and township people's governments shall set up and publicly report supervision, policy consultation telephones and public mailboxes, accept public consultation, and supervise the recovery, compensation, consolidation and utilization of homestead and buildings, contracted farmland, and the circulation management of forest land and trees.
Chapter VI Supplementary Provisions
Article 35 These Rules shall come into force as of the date of promulgation.
Thirty-sixth of these rules shall be interpreted by the district land administrative departments, district agricultural administrative departments and district forestry administrative departments in accordance with the division of responsibilities.