The Ministry of Natural Resources regulates the indiscriminate occupation of cultivated land in rural areas to build houses.

The phenomenon of indiscriminate occupation of cultivated land and building houses in rural areas frequently touches the red line of cultivated land protection and threatens national food security. If it is not resolutely contained, it will even get out of control. Recently, the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs put forward the requirements of "eight prohibitions" on rural construction to jointly crack down on this kind of behavior.

Chen Chenzhao, a member of the party group of the Ministry of Natural Resources and a full-time deputy inspector of the State Natural Resources, pointed out that the Ministry of Natural Resources, while ensuring farmers' reasonable demand for residential land, focused on rectifying malicious land occupation and illegal sales. He said that he will resolutely curb new violations of laws and regulations with a "zero tolerance" attitude.

Cui Ying, director of the Law Enforcement Bureau of the Ministry of Natural Resources, believes that lax law enforcement, interest-driven, low illegal cost and imperfect policies and laws are the main reasons for rural housing problems.

Indiscriminate occupation of cultivated land and building houses touch the red line

The problem of building houses by occupying cultivated land in rural areas has attracted great attention from the state. On July 3rd, the State Council held a video conference on remediation work. The meeting clearly pointed out that the indiscriminate occupation of cultivated land for building houses touched the red line of cultivated land protection and threatened national food security. Chen Chenzhao believes that if we do not resolutely curb such problems, it will get out of control.

According to Chen Chenzhao, the problem of building houses by illegally occupying cultivated land in rural areas has a long duration, a wide range and a large number, and the problem is outstanding. It involves not only residential buildings, but also industrial buildings such as public management services, mining, warehousing and commercial services. The types of illegal acts mainly include illegal occupation of land, illegal grant of land, illegal transfer of land, illegal sale of houses and so on.

Chen Chenzhao said that since the 19th National Congress of the Communist Party of China, various localities and departments have carried out special rectification such as "changing sheds into houses" and "illegally building villas", which has played a deterrent role. However, the phenomenon of rural indiscriminate occupation of cultivated land for building houses has not been completely stopped. The problem of illegal occupation of cultivated land for building houses is spreading from local areas to the whole country, from ordinary houses to buildings and villas, from farmers' self-occupation to illegal trading, and from single-family families to organized implementation.

"The relevant legal system has become a' decoration' and a' scarecrow', and the relevant departments have weak supervision and lax law enforcement, and even let themselves go and turn a deaf ear. There are still some people who have a mentality that the law does not blame the public and think that' others will build me, and others will not tear me down'. " Chen Chenzhao said that the problem of building houses by occupying cultivated land in rural areas is also mixed with complex interests, and even corruption of some grassroots cadres. If it is not stopped in time, it will seriously damage the image of the party and the government.

Cui Ying made a further analysis of the reasons for the problem of rural occupation of cultivated land for building houses: although many places have realized the importance of farmland protection, on specific issues, they always feel that "I take a little, which will not hinder the overall situation" and "the penalty ratio is much more favorable".

The lax implementation of the land law is also a reason. Cui Ying said that both the natural resources system and local governments have problems of poor supervision to varying degrees. The strength and scientificity of natural resources inspectors are not enough. Some local governments are worried that strict law enforcement will hinder local industrial development and rural revitalization, and the investigation and punishment of land violations is not enough, and the accountability is not strict enough.

Cui Ying particularly talked about the problem of profit-driven and low illegal cost: in the past, the maximum fine for illegally occupying land 1 mu was 20,000 yuan, which was obviously low. Illegal occupation of more than 5 mu of basic farmland or cultivated land outside basic farmland 10 mu is suspected of committing a crime.

Then there is the imperfection of policies and laws. According to Cui Ying, according to the current law, the illegal occupation of land by rural villagers to build houses must be demolished, regardless of whether it conforms to the plan. But the actual situation is that it is difficult to investigate and implement. The law stipulates that one household has one house in rural areas. However, due to insufficient specific safeguard measures and unclear policies, some places occupy and misappropriate planned indicators, and even stop or restrict the approval of homestead.

Two departments issued a document to regulate the occupation of construction land

On July 3rd, after a video conference was held in the State Council, the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs jointly issued the Notice on Eight Prohibitions for Building Houses by Illegally Occupying Cultivated Land in Rural Areas (hereinafter referred to as the "Eight Prohibitions") and the Notice on Ensuring Reasonable Land Use for Rural Villagers' Housing Construction (hereinafter referred to as the Notice).

Among them, the "eight prohibitions" put forward that it is not allowed to occupy permanent basic farmland for building houses; It is not allowed to occupy more cultivated land to build houses; Not to buy, sell or transfer cultivated land for illegal building; Shall not illegally build houses on contracted farmland; It is not allowed to illegally occupy cultivated land to build houses under various pretexts; Shall not violate the provisions of "one household, one house" to occupy cultivated land for building houses; Shall not illegally sell houses built on cultivated land; It is not allowed to illegally approve the occupation of cultivated land for building houses.

Cui Ying made a detailed interpretation of the "Eight Prohibitions": The Land Management Law stipulates that the state implements a permanent protection system for basic farmland. After the permanent basic farmland is demarcated according to law, no unit or individual may occupy or change its use without authorization, and rural villagers may not occupy permanent basic farmland when building houses. The "Eight Prohibitions" put "no occupation of permanent basic farmland for building houses" at the top of the eight categories of indiscriminate occupation of cultivated land for building houses, so as to highlight the general requirements of no indiscriminate occupation of cultivated land, especially permanent basic farmland for building houses.

Cui Ying said that "it is forbidden to occupy more cultivated land for building houses" and "it is forbidden to buy, sell or transfer cultivated land for illegal building houses", which was also put forward according to the provisions of the Land Management Law.

As for "there are no illegal buildings on the contracted farmland", Cui Ying said that this was made according to the provisions of the Land Management Law and the Land Contract Law. According to these two laws, units and individuals contracted to operate land have the obligation to protect and rationally use the land according to the purposes agreed in the contract, and may not use the contracted land for non-agricultural construction without legal approval.

Regarding the "Eight Prohibitions", Cui Ying pointed out that non-agricultural construction such as "rural revitalization", "beautiful countryside", "new rural construction", "facility agriculture", poverty alleviation in different places, and resettlement must go through the formalities of land use approval according to law. The "Eight Prohibitions" prohibit these situations, aiming at preventing non-agricultural industries such as leisure, tourism and pension from occupying cultivated land without approval in various names from happening again.

Cui Ying said that the Land Management Law stipulates that a rural villager can only own one homestead. After the rural villagers sell, rent or give away their houses, they will not be approved if they apply for the homestead again. In violation of the provisions of "one household, one house", the occupation of cultivated land for building houses should be explicitly prohibited.

For "houses built on cultivated land shall not be sold illegally", it means that houses built by farmers on collectively owned land, especially cultivated land, are illegal buildings, and related trading activities are not protected by law and cannot be registered as real estate. So it should be banned.

According to Cui Ying, the stipulation that "the occupation of cultivated land for building houses shall not be illegally approved" is based on the approval of land use. For example, the procedures for conversion of agricultural land must be made by the competent authorities in accordance with legal authority and procedures. If a unit or individual illegally approves the occupation of land for building a house, the approval document is invalid.

It should be noted that the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs have stipulated eight situations in which unauthorized occupation of cultivated land for building houses is not allowed, but this does not mean that acts that are not included are allowed. Cui Ying said that other acts of occupying rural land that are not within the scope of the "Eight Prohibitions" should also be severely cracked down according to laws and regulations.

Focus on rectifying illegal sales.

Chen Chenzhao said that the urgent task is to establish reform, resolutely stop the increase, and prevent the illegal area from increasing again, so that cultivated land will be illegally occupied again. The rectification of the historical stock problem should be carried out in accordance with the law, step by step, and classified, and actively and steadily, forcefully and orderly, and effectively. While ensuring farmers' reasonable demand for residential land, we will focus on rectifying malicious land occupation and illegal trading.

Chen Chenzhao revealed that, at present, the Ministry of Natural Resources is working out a towing plan on the basis of in-depth investigation, full understanding of the situation, and grasping the base figure, and on this basis, it is studying and formulating policies and measures for classified disposal to deal with the stock problem step by step.

In Chen Chenzhao's view, the "Eight Prohibitions" and the "Notice" are to take strong measures from two aspects of "blocking" and "dredging", resolutely curb new illegal and illegal problems with a "zero tolerance" attitude, and at the same time effectively protect the reasonable land demand of rural villagers for housing.

"Local party committees and governments at all levels and township cadres should know that cultivated land is strictly protected by the state. When investing in land for projects, or granting homesteads to ordinary people, it depends on whether permanent basic farmland is occupied, whether cultivated land is occupied, and it cannot be illegally or ultra vires. " Chen Chenzhao pointed out that all localities should dismantle and confiscate the "Eight Prohibitions" and new illegal acts after the issuance of the notice, restore the breeding conditions within a time limit, and investigate the responsibilities of those responsible according to laws and regulations, including administrative responsibilities and criminal responsibilities.

Regarding the farmers' reasonable housing demand, Chen Chenzhao said that all localities should strictly implement the notification requirements, and fully consider the reasonable demand of homestead when compiling the county and township land spatial planning and village practical planning, so as to reserve space for rural villagers' residential construction land. If the plan has been approved, it shall be strictly implemented.