Provisions of Yunnan Province on Expropriation of Collective Cultivated Land for the Construction of Rural-to-African Countries

Article 1 These Provisions are formulated in accordance with the Land Administration Law of the People's Republic of China and the Measures for the Implementation of Land Administration in Yunnan Province (for Trial Implementation) in order to properly solve the problem of collective cultivated land requisitioned for national construction. Article 2 The term "rural to non-agricultural" as mentioned in these Provisions refers to the state construction projects incorporated into the national fixed assets investment plan, and the requisition of cultivated land owned by rural collectives upon approval according to law, which involves the transformation of the land-expropriated unit from agricultural registered permanent residence to non-agricultural registered permanent residence.

The state builds large and medium-sized water conservancy, hydropower, mineral development and other projects, where resettlement is carried out, it shall be handled in accordance with the relevant provisions of the state, and these provisions shall not apply. Article 3 The requisition of collective cultivated land for national construction must be strictly controlled within the "rural to non-agricultural" index issued by the provincial government. Try to avoid land expropriation in densely populated areas and sparsely populated areas. Article 4 The conditions for "returning farmland to forests" when the state requisitions collective cultivated land for construction are as follows:

(a) the land of the agricultural production cooperatives whose land has been expropriated has been completely expropriated, or the per capita cultivated land area (standard mu, the same below) is less than one point. With the approval of the provincial people's government, the original agricultural population can all be turned into non-agricultural population on the spot.

(2) Agricultural production cooperatives whose land has been expropriated occupy less than one-third of the per capita cultivated land, the average grain output per mu of surplus cultivated land in the last three years is less than 1,000 kilograms, the average grain output per mu of surplus cultivated land in the last three years is less than one-fourth, the average grain output per mu of surplus cultivated land in the last three years is less than five-fifths, the average grain output per mu of surplus cultivated land in the last three years is less than 600 kilograms, and the average grain output per mu of vegetable production cooperatives is less than one-third.

(III) After land acquisition, the per capita occupation of cultivated land by land acquisition units is more than five points, but due to the concentration of land for national construction projects, a large number of fertile land is requisitioned at one time, and the per capita cultivated land after land acquisition produces less than 300 kilograms of grain in normal years, and unconditionally newly opened cultivated land and developed industrial and sideline production, with the approval of the provincial people's government, part of the agricultural population can be converted into non-agricultural population on the spot.

Part of the "rural" population is calculated by dividing the area of cultivated land requisitioned by the area of cultivated land per capita occupied by land requisitioned units before land requisition.

In the suburbs of the city, according to the plan approved by the competent department, the number of local "farmers" is calculated in a short time according to the amount of land acquisition and the proportion of cultivated land per capita. Fifth in line with the provisions of the "rural" population, the labor force through the development of agricultural and sideline production and the establishment of township (town) village enterprises and other ways to be resettled; If the resettlement cannot be completed, the land administration department of the people's government at or above the county level shall, jointly with the labor and personnel department, organize land-using units and relevant units with recruitment indicators to resettle qualified personnel to land-using units or other units owned by the whole people and collectives, and allocate corresponding resettlement subsidies to units that absorb labor.

Those who can really find their own jobs can sign an agreement with them, and after notarization by the notary office, they can give appropriate resettlement subsidies. No longer by the relevant departments, land units or land acquisition units resettlement, resettlement is no longer required in the future.

It is indeed difficult for the people's government at the county level to uniformly resettle all the "peasants" agricultural production cooperatives. If the land-using units have the conditions to fully resettle, the land-using units shall be responsible for all the resettlement work; All land units have difficulties in resettlement, and the people's government at the county level shall make overall arrangements. Land compensation fees and resettlement subsidies are allocated to resettlement units according to the proportion of personnel.

If the resettlement plan is not implemented, the formalities of "peasants turning to non-peasants" will not be handled. Article 6 The land (including private plots) contracted by "urbanized" personnel shall be collectively transferred, and the ownership of the homestead used by them belongs to the whole household and the state; If a family has a part of the population "from farming to non-farming", it still belongs to the collective. County-level land management departments should go through the registration formalities of ownership change according to the actual situation when handling the "peasants". Article 7 The people's governments at or above the county level shall promptly revoke the agricultural establishment of agricultural production cooperatives that meet the requirements of Item (1) of Article 4 of these Provisions. According to the relevant provisions of the state administrative division management, combined with the economic basis of the original agricultural system, the urban collective organizations were established.

The original remaining scattered cultivated land, homestead, land used by collective public houses and other land of the cancelled agricultural production cooperatives are all owned by the state. When the state uses this part of land for construction, it shall go through the formalities for land use in accordance with the relevant provisions on the use of state-owned land. The funds received shall be turned over to the treasury and used in accordance with the purposes stipulated by the state. The remaining cultivated land can be temporarily rented to nearby farmers for cultivation before it is used for national construction. However, it is not allowed to build new permanent buildings and plant perennial crops on the land, and it will be unconditionally recovered when necessary for national construction. Article 8 Land compensation fees and resettlement subsidies (except personal attachments and young crops compensation fees paid to expropriated land) for the property originally owned by collectives and all "farmers" production cooperatives shall be proposed by the relevant township (town) people's governments and newly established collective organizations, and shall be handled after being approved by the people's governments at the county level.