Measures for the administration of closing hillsides to facilitate afforestation in Hohhot [Measures for the administration of land in Hohhot]

Measures of Hohhot Municipality on Land Management (Revised)

Promulgated by the Inner Mongolia Autonomous Region People's Congress

Promulgated on 19970924

Implementation date: 19970924

199 1 year1month 12, Ninth People's Congress of Hohhot

17th meeting of the Standing Committee126th meeting of the Standing Committee of the Seventh People's Congress of Inner Mongolia Autonomous Region on April 7, 1992, revised according to the resolution of the 28th meeting of the Standing Committee of the Eighth People's Congress of Inner Mongolia Autonomous Region on approving the Decision of the Standing Committee of Hohhot Municipal People's Congress on Amending the Measures for Land Management in Hohhot.

Chapter Name Chapter I General Provisions

Article 1 In order to maintain the socialist public ownership of land, strengthen land management, and ensure agricultural production and national construction land, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on Land and Resources Management and the Measures for the Implementation of the Law of People's Republic of China (PRC) on Land and Resources in Inner Mongolia Autonomous Region, combined with the actual situation of this Municipality.

Article 2 It is an important duty of the people's governments at all levels and the obligation of all citizens of this Municipality to protect and make rational use of land resources and stop wasting and destroying land.

Article 3 The land within the administrative area of this Municipality belongs to the whole people and the working people collectively.

No unit or individual may occupy, buy or sell or illegally transfer land in other forms.

Article 4 These Measures shall apply to the administration of all land within the administrative area of this Municipality. All units and individuals that use and develop land must abide by these measures.

Chapter II Ownership and Use Right of Land

Article 5 The following land belongs to the whole people, that is, the state:

(1) Urban land;

(2) The land requisitioned by the state from organs, armed forces, schools, social organizations, enterprises and institutions according to law;

(three) residential land for urban residents, urban residents and workers in industrial and mining areas;

(four) the people's governments at or above the county level shall determine the state-owned land used by units under ownership by the whole people, units under collective ownership and individuals;

(five) barren hills, wasteland, woodland, mountains, grasslands, water, beaches and other unused land owned by the state according to law.

Article 6 The following lands are collectively owned by the working people:

(1) Land in rural areas and urban suburbs, except those that are owned by the state according to the law;

(two) rural and suburban residents' homestead, plots, hilly land, learning to drive;

(3) Land contracted by villagers' committees and agricultural collective economic organizations for collective or individual operation;

(four) rural and suburban township (town) village land used by enterprises and institutions, public facilities and public welfare undertakings.

Seventh collective land ownership units shall apply to the land management department of the people's government at or above the county level for registration, obtain certificates and confirm ownership.

Units and individuals that use collectively owned land according to law shall apply to the land administration department of the people's government at or above the county level for registration, obtain a certificate and confirm the right to use.

Units and individuals that use state-owned land according to law shall apply to the land administration department of the people's government at or above the county level for registration, obtain a certificate and confirm the right to use it.

The state-owned land that has not been allocated for use shall be registered, protected and managed by the land administration department of the people's government at or above the county level.

Article 8 Where the ownership or use right of land is changed according to law, or the land use right is transferred due to the sale or transfer of buildings and attachments on the ground according to law, an application shall be submitted to the land administration department of the people's government at or above the county level, and the examination and approval procedures shall be completed, and the ownership change registration shall be completed and the certificate shall be renewed.

The competent department of land use units shall not change, investigate and divide the land used by subordinate units without authorization.

Article 9 Disputes over land ownership and use rights shall be settled by the parties through consultation. If negotiation fails, it shall be handled in accordance with Article 13 of the Land Administration Law of the People's Republic of China.

Before the dispute over land ownership and use right is settled, neither party may change the status quo of the land or destroy the attachments on the land.

Chapter III Utilization and Protection of Land

Tenth people's governments at all levels shall, according to the principle of rational use of land and effective protection of cultivated land, prepare

The overall land use planning shall be reported to the people's government at the next higher level for approval, and the land management department shall be responsible for the implementation.

Article 11 People's governments at all levels shall take measures to protect cultivated land and strictly control the occupation of high and stable yield farmland and vegetable fields by construction projects.

Twelfth cities, townships (towns) and villages must save land. Can use less land, not more land; Can use wasteland, shall not occupy cultivated land; If you can use bad land, don't take good land.

Urban construction should make full use of the old city and advocate high-rise buildings; Township (town) village construction should make full use of learning car land and wasteland, and advocate building houses.

Article 13 The exploitation of resources, mining, sand digging, earth borrowing and brick burning shall be handled in accordance with the examination and approval authority as stipulated in Article 22 of this Law. After land use, land units and individuals shall be responsible for reclamation and restoration.

Fourteenth the use of state-owned land, one of the following circumstances, to recover the land use rights of land units, cancellation of land use permits:

(a) the land unit has been revoked or moved;

(two) the land approved for requisition and allocation has not been used for two consecutive years since the date of approval;

(three) not according to the approved use;

(four) the use of abandoned roads, railways, airports, warehouses, mines and other land approved by the relevant departments;

(five) improper use, resulting in serious damage to the land or barren.

Fifteenth township (town) village enterprises, public facilities, public welfare undertakings to use collective land, one of the following circumstances, it should recover the land use right, cancel the land use certificate:

(a) the land unit has been revoked or moved;

(two) without the consent of the original approval authority, it has not been used for two consecutive years;

(three) not according to the approved use;

(four) the use of approved scrapped rural roads, bridges and small water conservancy and hydropower projects.

Sixteenth the use of collective land, one of the following circumstances, by the collective land owners to recover the land use rights, in accordance with the provisions of the cancellation of land use permits:

(1) Rural private plots and private hills converted into urban non-agricultural households;

(two) the original homestead after the relocation of households and the homestead left by the "five guarantees";

(three) the homestead that has not been used according to the approved purpose for one year after approval;

(four) the homestead vacated by the original residents due to the planning and construction of villages and towns;

(5) Land that has been deserted for more than two years;

(six) without approval, change the land use or build houses, burn kilns, destroy land, borrow soil, mine, etc. On collectively contracted land;

(seven) the production and business activities of non-planting professional households have stopped and are no longer used. Seventeenth strict protection of natural vegetation, prevent land desertification, soil erosion and soil pollution.

Chapter IV Land for National Construction

Eighteenth national construction land can use state-owned land or collectively owned land. Units and individuals that have been requisitioned and allocated land shall obey the needs of the state and shall not obstruct them. Nineteenth projects included in the national fixed assets investment plan or allowed by the state, the construction unit may apply for land.

Twentieth national construction land requisition procedures:

(a) the construction land unit must hold the design task book or other approval documents approved by the people's government at or above the county level, and apply for site selection to the land management department at or above the county level where the project is located in accordance with the national capital construction procedures. Site selection within the scope of urban planning must first obtain the permission of the urban planning department. The choice of forest land and grassland should first obtain the consent of the competent forestry and grassland departments. Construction land located in urban planning areas and urban planning control areas shall be approved by the Municipal People's Government;

(two) the construction land unit shall submit the approval documents, general plan and other materials of the preliminary design of the construction project to the local county-level land management department for examination and approval. After the approval of the land management department, it shall organize the construction unit, the land-expropriated unit and the relevant units to negotiate the compensation and resettlement plan, sign an agreement and report it to the people's government at or above the county level for approval;

(3) After the construction land is approved, the land management department at the county level where the project is located will allocate the land in one lump sum or by stages according to the construction progress, and urge the land-expropriated units to hand over the land on time;

(four) after the approval of construction land, the construction unit shall pay internal taxes and fees according to the relevant provisions of the state, and the bank shall allocate funds with the approval documents of land use;

(five) after the completion of the construction project, the construction unit shall apply to the land management department for land acceptance.

Land registration procedures, land use certificates issued by the people's governments at or above the county level.

Twenty-first temporary land units and individuals with relevant documents, to the county land management departments to apply for land, approved to issue temporary land use permits. Temporary land use within a planned urban area shall be subject to the consent of the competent department of urban planning administration.

If land is urgently needed for emergency rescue and disaster relief, it can be used first, and then temporary land use procedures must be handled in accordance with regulations.

Temporary land use shall generally not exceed two years. If it is really necessary to continue to use it, it shall go through the examination and approval procedures for continued use.

Temporary land use, the construction of permanent buildings is prohibited, and the land use shall not be changed.

Temporary land use expires or due to the needs of national construction, land units or individuals will dismantle temporary buildings and return the land free of charge.

(1) The examination and approval authority of land requisition and allocation for national construction: (1) The cultivated land below 3 mu (including 3 mu) and other land below 10 mu (including 10 mu) shall be approved by the people's governments of counties and suburbs and reported to the municipal land management department for the record; (2) If the cultivated land is more than three mu and less than twenty mu (including twenty mu) and other land is more than ten mu and less than one hundred mu (including one hundred mu), it shall be approved by the Municipal People's Government and reported to the land management department of the autonomous region for the record. According to the above authority, the sum of cultivated land and other land areas shall not exceed the maximum limit of other land. The land needed for construction projects shall be subject to one-time examination and approval in accordance with the overall design, and shall not be broken into parts or examined and approved beyond authority. Land requisition for phased construction projects does not require prior approval.

Twenty-third compensation standards for expropriation and allocation of land:

(a) the cultivated land in the suburbs of cities and towns (including vegetable fields, gardens, reed ponds, fish ponds, woodlands and artificial grasslands, the same below) shall be calculated at five to six times the average output value per mu of the cultivated land in the first three years;

(two) the average cultivated land, calculated according to the average annual output value of the cultivated land in the first three years;

(three) other land, according to the adjacent cultivated land in the first three years of the average annual output value of three to four times. Twenty-fourth allocation of state-owned land to the original land units and individuals caused losses, by the land units in accordance with the relevant provisions of compensation.

Article 25 Where vegetable fields in suburbs and counties are expropriated, the land-using unit shall pay the new vegetable field development fund to the local people's government of counties and suburbs for the development and construction of new vegetable fields, and shall not misappropriate them.

Twenty-sixth young crops on requisitioned land are generally not allowed to be eradicated. If it is really necessary to eradicate, compensation will be given according to the output value of crops per mu in that year, and no compensation will be given if it can be harvested. According to the actual loss of ground attachments

Give compensation.

In the land requisitioned by the land management department, no compensation will be paid for rushing to plant young crops and building attachments.

Twenty-seventh national construction land requisition, land units in addition to paying land compensation fees, but also pay resettlement subsidies:

(1) Expropriating cultivated land, and calculating the number of agricultural population to be resettled according to the amount of requisitioned cultivated land divided by the average amount of cultivated land occupied by each land-expropriated unit before land expropriation;

(two) the standard of resettlement subsidy for each agricultural population in need of resettlement is calculated according to the average output value per mu in the three years before the land is requisitioned;

(3) The resettlement subsidy for each mu of expropriated cultivated land shall not exceed ten times the average annual output value of the three years before expropriation;

(four) the resettlement subsidy for the expropriation of other land shall be calculated at one to two times the average annual output value of the adjacent cultivated land in the first three years.

Twenty-eighth in accordance with the provisions of article twenty-third, article twenty-seventh, can not maintain the original living standards of the masses, after the approval of the people's Government of the autonomous region, can increase the resettlement subsidies. The total amount of land compensation and resettlement subsidies per mu shall not exceed 20 times of the average annual output value of the three years before the expropriation.

Twenty-ninth temporary land for national construction, which is occupied for less than one year, shall be compensated according to the annual output value of land for one year and two years.

Article 30 The surplus agricultural labor force caused by the requisition of cultivated land for national construction shall be placed in employment by the land administration department of the people's government at or above the county level, the land-expropriated units, land-using units and relevant units through the development of agricultural sideline and the establishment of township (town) and village enterprises. Land units have recruitment indicators, and a certain number of eligible land-expropriated units must be recruited first.

Article 31. Compensation fees and resettlement subsidies for requisitioned land, except attachments and young crops compensation fees belonging to individuals on the requisitioned land, shall all be used for the development of production by the requisitioned land units, and shall not be privately divided or misappropriated.

Article 32 Once the land for a construction project is approved, the units and individuals that have been requisitioned and allocated land shall deliver the land on schedule and fulfill the land use agreement, and shall not put forward additional conditions beyond the scope stipulated in these Measures, and shall not hinder or obstruct the work of requisitioning and allocating land. No unit or individual may use the opportunity of land acquisition and allocation to collect fees privately. Units that requisition or use land shall not pay fees beyond the prescribed standards.

The fifth chapter township (town) village construction land

Thirty-third township (town) village construction land (including residential construction) is determined according to the township (town) village planning and land use control indicators approved by the people's governments at or above the county level.

Construction land located in urban planning area and planning control area shall be approved by the Municipal People's government. Article 34 The land for the construction of public facilities, public welfare undertakings and enterprises (including urban-rural joint ventures and private enterprises) in townships (towns) and villages shall be handled by the construction unit with the design task book and relevant approval documents approved by the planning department of the people's government at or above the county level in accordance with the provisions of Articles 20 and 22 of these Measures.

Thirty-fifth rural contracted households, individual industrial and commercial households and business associations engaged in non-agricultural production and operation land, should give priority to the use of the original houses and courtyards. If it is really necessary to use collective land, it shall be approved by the township (town) people's government in accordance with the examination and approval authority stipulated in these Measures.

Thirty-sixth township (town) village residential construction using the original homestead or village homestead, apply to the villagers committee, approved by the township (town) people's government, and report to the county land management department for the record. Need to occupy cultivated land or other land, the township (town) people's government audit, reported to the people's government at the county level for approval, and reported to the municipal land management department for the record.

Thirty-seventh rural residents per household homestead land standards:

(a) in the urban planning area and urban planning control area, each household homestead shall not exceed 2 00 square meters; The village where the county people's government is located needs to be controlled, and the homestead of each household shall not exceed 2-50 square meters;

(two) in the village where other towns are located, the homestead of each household shall not exceed 300 square meters;

(three) in general rural areas, each household homestead shall not exceed 400 square meters;

(four) the standard of building homestead for farmers in sparsely populated remote areas may be appropriately relaxed. Thirty-eighth urban non-agricultural households use collectively owned land to build houses, and the homestead of each household shall not exceed 150 square meters, which shall be approved by the people's government at or above the county level.

Thirty-ninth in any of the following circumstances, it is allowed to apply for homestead:

(a) rural residents have no homestead;

(two) rural residents live in each other after marriage, and it is really necessary to open another account;

(three) the technical personnel recruited by the collective economic organizations require to settle in the local area;

(four) retired cadres, workers and veterans who have settled in their hometowns have no housing;

(five) returned overseas Chinese, Hong Kong, Macao and Taiwan compatriots who have settled in their hometowns need to build houses.

Fortieth in any of the following circumstances, no homestead shall be allocated:

(a) separate accounts after marriage, and one of the men and women has allocated the homestead;

(two) the original homestead area can solve the children's independent household registration;

(three) does not meet the requirements of separate accounts;

(4) selling or renting houses after the implementation of the Land Administration Law of the People's Republic of China;

(5) No local account;

(six) towns in agricultural registered permanent residence have housing in this unit.

Forty-first private teachers, demobilized veterans, scientific and technological personnel recruited by townships (towns) and villages, retired cadres and workers, compatriots from Hong Kong, Macao and Taiwan and overseas Chinese who have settled in their hometowns shall give priority to the construction of residential land.

Forty-second township (town) village enterprises occupy collectively owned land compensation fee, which is lower than the national standard of land requisition for construction.

Rural residents occupy collectively owned land to build houses and implement a system of paid use.

Urban non-agricultural registered permanent residence uses collectively owned land to build houses, and pays compensation fees and resettlement subsidies according to the national standards for land requisition for construction.

Chapter VI Land Management Institutions and Duties

Article 43 The people's governments of cities, counties and suburbs shall set up land management institutions. Land management institutions at all levels are the functional departments of the people's governments at the same level for unified land management.

The township (town) people's government shall set up a land management office, which shall be responsible for the land management within its administrative area. The villagers' committee shall have full-time land management personnel responsible for planning and managing the land under its jurisdiction. Forty-fourth responsibilities of land management departments at all levels:

(a) to publicize and implement national and local land laws, regulations and policies;

(two) responsible for land survey, monitoring, registration, statistics, grading, land price evaluation, certification and other cadastral management;

(three) in conjunction with the relevant departments to prepare the overall land use planning, annual land use planning control indicators;

(four) to handle the examination and approval of land requisition, allocation, transfer and transfer;

(five) to check the situation of land development and utilization, and to deal with cases of destroying land resources and other illegal occupation of land;

(six) check the use of land compensation fees, resettlement fees and other expenses;

(seven) mediation and adjudication of land disputes;

(eight) to participate in the site selection, joint design and land acceptance after the completion of the construction project;

(nine) summarize and popularize the experience of land protection, rational use of land and land conservation;

(10) Handling rewards and punishments.

Forty-fifth land management staff should strictly enforce the law, act impartially, safeguard the interests of the state and the collective, and protect the legitimate rights and interests of the masses.

Chapter VII Legal Liability

Article 46 Where a unit owned by the whole people or an urban collective unit illegally occupies land without approval or by deception, it shall be ordered to return the illegally occupied land, dismantle or confiscate the newly built buildings and other facilities on the illegally occupied land within a time limit, impose a fine of less than per square meter 15 yuan for illegally occupied land, and impose administrative sanctions on the main responsible person by the unit to which it belongs or the competent department at a higher level.

Where a township (town) or village enterprise illegally occupies land without approval or by deception, it shall be ordered to return the illegally occupied land, dismantle or confiscate new buildings and other facilities on the illegally occupied land within a time limit, and may impose a fine of less than per square meter 15 yuan according to the illegally occupied land.

Rural residents, urban non-agricultural registered permanent residence residents and state functionaries who illegally occupy land to build houses without approval or by deception shall be ordered to return the illegally occupied land, dismantle or confiscate the newly built houses on the illegally occupied land within a time limit, and state functionaries shall be given administrative sanctions by their units or higher authorities.

Article 47 If a unit or individual that has no right to approve the requisition or allocation of land illegally approves the occupation of land, or illegally approves the occupation of land beyond the approval authority or by breaking it into parts, the approval document is invalid, and the main responsible person shall be given administrative sanctions by his unit or the competent authority at a higher level.

If the amount of land occupied exceeds the approved amount, it shall be treated as illegal occupation of land. Forty-eighth sale, private lease or other forms of illegal transfer of land, the agreement and contract is invalid, confiscate the illegal income, and impose a fine.

Forty-ninth violations of land ownership or use rights shall be handled by the people's governments at or above the county level.

The land management department shall order it to stop the infringement and compensate the economic losses caused.

Fiftieth of the occupation, misappropriation, interception of land compensation fees, resettlement subsidies, shall be ordered to make restitution within a time limit; If the crime is constituted, criminal responsibility shall be investigated according to law. Article 51 Whoever, in violation of the law, borrows soil, digs sand, quarries or mines on cultivated land, seriously damages planting conditions or develops land, resulting in land desertification, salinization and soil erosion, shall be ordered to control within a time limit and may also be fined.

Fifty-second in violation of these measures, one of the following acts, in accordance with the provisions of relevant laws and administrative regulations, the responsible person shall be given administrative sanctions or penalties:

(a) unauthorized change of land ownership, use right or land use;

(two) before the dispute over land ownership and use right is resolved, changing the status quo of the land and destroying the attachments on the ground;

(three) do not dismantle temporary buildings or refuse to hand over temporary land;

(four) in accordance with the provisions of these measures, the land use right has been recovered and refused to hand over the land;

(five) altered or forged land certificates;

(six) do not pay compensation and resettlement fees according to the standards stipulated in these measures.

Article 53 Whoever obstructs land managers from performing official duties according to law and injures them by violence shall be punished in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 54 Whoever, in the process of changing the ownership and use right of land and resolving the dispute over the ownership and use right of land, offers bribes, accepts bribes, extorts money or incites the masses to make trouble, which hinders national construction and constitutes a crime, shall be investigated for criminal responsibility according to law.

Article 55 The staff of the land management department must perform their duties according to law. Those who engage in malpractices for selfish ends and bending the law shall be given administrative sanctions according to the seriousness of the case, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Fifty-sixth the provisions of the administrative punishment, decided by the land management departments at or above the county level.

If a party refuses to accept the decision on administrative punishment, he may, within 15 days from the date of receiving the notice of the decision on punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment, or bring a lawsuit directly to the people's court. If neither prosecution nor performance is made within the time limit, the organ that made the decision on punishment shall apply to the people's court for compulsory execution.

Chapter Name Chapter VIII Supplementary Provisions

Fifty-seventh Hohhot Municipal People's Government may formulate specific implementation rules according to these measures.

Article 58 These Measures shall come into force as of the date of promulgation.

Annex Name: Resolution of the Standing Committee of the Inner Mongolia Autonomous Region People's Congress on Approving the Decision of the Standing Committee of the Hohhot Municipal People's Congress on Amending the Measures for the Administration of Land in Hohhot.

(1adopted at the 28th meeting of the Standing Committee of the Eighth People's Congress of Inner Mongolia Autonomous Region on September 24th, 1997, 1997)

Full text of chapter name

The 28th meeting of the Standing Committee of the Eighth People's Congress of Inner Mongolia Autonomous Region decided to approve the Decision of the Standing Committee of Hohhot Municipal People's Congress on Amending the Measures for the Administration of Land in Hohhot, which was submitted for approval by the Standing Committee of Hohhot Municipal People's Congress, and it was promulgated and implemented by the Standing Committee of Hohhot Municipal People's Congress.

Annex Name: Decision of the Standing Committee of Hohhot Municipal People's Congress on Amending the Measures of Hohhot Municipality on Land Management

(1adopted at the 24th meeting of the Standing Committee of the Tenth People's Congress of Hohhot on August 29th, 1997,1approved at the 28th meeting of the Standing Committee of the Eighth People's Congress of Inner Mongolia Autonomous Region on September 24th, 1997)

Full text of chapter name

At the 24th meeting of the Standing Committee of the Tenth People's Congress of Hohhot, according to the provisions of the Administrative Punishment Law of the People's Republic of China, the Land Administration Law of the People's Republic of China and the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, it is decided to make the following amendments to the Measures for the Administration of Land in Hohhot:

Article 46 is amended as: "Units under ownership by the whole people and units under collective ownership in cities and towns illegally occupy land without approval or by deception, shall be ordered to return the illegally occupied land, dismantle or confiscate the newly built buildings and other facilities on the illegally occupied land within a time limit, and be fined less than per square meter 15 yuan according to the illegally occupied land, and the main responsible person shall be given administrative sanctions by the unit or the superior competent department of the owner.

"Township (town) village enterprises illegally occupy land without approval or by deception, shall be ordered to return the illegally occupied land, dismantle or confiscate the newly built buildings and other facilities on the illegally occupied land within a time limit, and may be fined according to the illegally occupied land per square meter 15 yuan.

All right.

Rural residents, urban non-agricultural registered permanent residence residents and state functionaries who illegally occupy land for building houses without approval or by deception shall be ordered to return the illegally occupied land within a time limit, dismantle or confiscate the newly built houses on the illegally occupied land within a time limit, and state functionaries shall be given administrative sanctions by their units or higher authorities.

Article 49 is amended as: "Anyone who infringes upon the ownership or use right of land shall be ordered by the land administration department of the people's government at or above the county level to stop the infringement and compensate the economic losses."

Article 51 is amended as: "Anyone who, in violation of the law, digs holes for earth, digs sand, quarries and mines on cultivated land, seriously damages the planting conditions, or causes desertification, salinization and soil erosion due to land development, shall be ordered to treat within a time limit and may also be fined."

Article 52 is amended as: "Anyone who violates these measures and commits any of the following acts shall be given administrative punishment or punishment in accordance with the provisions of relevant laws and administrative regulations:

(a) unauthorized change of land ownership, use right or land use;

(two) before the dispute over land ownership and use right is resolved, changing the status quo of the land and destroying the attachments on the ground;

(three) do not dismantle temporary buildings or refuse to hand over temporary land;

(four) in accordance with the provisions of these measures, the land use right has been recovered and refused to hand over the land;

(five) altered or forged land certificates;

(six) do not pay compensation and resettlement fees according to the standards stipulated in these measures. "

The "measures" of land management in Hohhot shall be revised according to this decision and re-promulgated.