Transfer of immigration indicators

Measures for the Administration of Expropriation of Rural Collective Land and Retained Land in Guangdong Province (Trial) (No.41No.2009 of Guangdong Government Office)

Article 1 In order to further promote the reform of the land acquisition system, properly resettle the land-expropriated farmers, standardize the land acquisition management of rural collective economic organizations, and earnestly safeguard the legitimate rights and interests of the land-expropriated farmers, according to the relevant spirit of the Decision of the State Council on Deepening Reform and Strict Land Management (Guo Fa [2004] No.28) and the Opinions of the People's Government of Guangdong Province on Solving Some Problems of Social Security (Yue Fa [2007]).

Article 2 The term "reserved land required for expropriation of rural collective economic organizations" as mentioned in these Measures (hereinafter referred to as "reserved land") refers to the construction land allocated to the expropriated rural collective economic organizations for the development of production after the state expropriates rural collective land according to a certain proportion of the actual land area. The right to use the reserved land and its income are all owned by rural collective economic organizations.

Article 3 The reserved land shall be arranged according to 65,438+00% to 65,438+05% of the land area actually expropriated by rural collective economic organizations, and the specific proportion shall be determined by local and municipal people's governments according to local conditions and project construction. However, under any of the following circumstances, the reserved land may not be arranged and compensation may be made by currency conversion:

(a) the rural collective economic organizations whose land has been expropriated choose to convert monetary compensation and give up the reserved land for resettlement;

(2) There is no land that conforms to the overall land use planning and urban and rural planning within the land owned by the rural collective economic organization whose land has been expropriated.

(3) The site selection scheme of the reserved land proposed by the rural collective economic organizations whose land has been expropriated does not conform to the overall land use planning or the construction land arrangement determined by the urban and rural planning, and no agreement can be reached after full consultation with the people's governments of cities and counties (cities, districts).

If the reserved land has been owned by the collective, and the rural collective economic organization applies to expropriate the reserved land as state-owned land and use it, it will no longer arrange the reserved land, nor will it be converted into monetary compensation.

Article 4 The site selection of reserve land shall follow the following principles:

(a) in line with the overall land use planning and urban and rural planning;

(two) around the level of listing, county (city, district) people's government and landless rural collective economic organizations to determine * * *;

(three) according to the industry classification, respectively, to the planning functional areas, urban communities.

Article 5 Where reserve land is converted into monetary compensation, the standard shall be determined by reference to the benchmark land price assessment, and shall not be lower than the sum of all the expenses required for converting reserve land into construction land. Specific standards shall be formulated and listed by the local people's government according to the average land income and the level of economic and social development in the region.

If it is converted into monetary compensation, it shall be stated in the application for approval of land use and the land acquisition plan that the land is not reserved and converted into monetary compensation, and the monetary compensation shall be cashed together with land acquisition compensation to the rural collective economic organization whose land is expropriated.

Article 6 Reserve land shall be converted into construction land according to law. Reserve land reserves the nature of collective land in principle; The reserved land in the urban planning area can be expropriated as state-owned land.

The cost of converting the reserved land into construction land or going through land acquisition procedures shall be included in the cost of land acquisition and shall be borne by the land unit. Among them, if the land is expropriated as state-owned construction land, the people's governments of cities and counties (cities) at all levels may return it to the rural collective economic organizations whose land has been expropriated for the development and expansion of the collective economy.

Seventh reserve land should be included in the scope of land use in the pre-trial stage of the project, and it should be reported for approval when applying for urban land in batches or individually, and arranged for resettlement when collecting collective land. If it is really difficult to submit an application for approval due to the actual conditions such as the location of reserved land, the people's governments of cities and counties (cities, districts) at all levels shall attach a specific written commitment to the rural collective economic organizations whose land has been expropriated when reporting the application for land use, and handle the formalities for approval of reserved land for them within 6 months after the approval of land use; Land-expropriated rural collective economic organizations have arranged different land acquisition projects to reserve land, or belong to public welfare and transportation infrastructure projects, the processing period can be extended, but not more than two years at the latest, and it shall be stated in the written commitment.

Where the reserved land is submitted for approval together with the land requisition, it shall be accompanied by a resettlement plan for the reserved land, indicating the location, area and use of the reserved land.

Separate approval of reserve land, the land administrative departments at or above the county level shall make a special written explanation, including the need to arrange the corresponding plots or projects of reserve land, the land acquisition area of the original plots or projects, the time of land acquisition, the proportion of reserve land, the arrangement of reserve land indicators, the opinions of the land-expropriated rural collective economic organizations on the site selection scheme of reserve land, and whether they have been fully negotiated. And attached to the city and county (city, district) people's government at that time to the land-expropriated rural collective economic organizations to make specific written commitment documents or prefecture-level city and county (city, district) people's government and the land-expropriated rural collective economic organizations signed relevant agreement documents.

Eighth cities in batches for approval and prefecture-level listing, land use indicators involved in county-level projects by the local listing step by step, the county (city, district) arrangements to solve. National and provincial key projects need to be reserved for land acquisition by rural collective economic organizations, and the land use indicators are arranged by the province as a whole.

If it is difficult to arrange and solve the reserved land when collecting the land of collective economic organizations, the reserved land shall be managed by indicators. The land administrative departments of cities and counties (cities, districts) at all levels should establish the management ledger of reserved land indicators, and implement dynamic management on the approval, use, adjustment and cancellation of reserved land indicators in the village as a unit.

Land-expropriated rural collective economic organizations can combine the reserved land targets arranged by different land acquisition projects, and use the planned land targets of the current year when applying for land.

Reserved land indicators that have been allocated to rural collective economic organizations whose land has been expropriated shall not be transferred; With the consent of the rural collective economic organizations whose land has been expropriated, the people's governments of cities and counties (cities, districts) at all levels may negotiate to buy back the reserved land targets.

If the original land acquisition project used to verify the reserved land index is not approved, the reserved land index will automatically become invalid.

Article 9 Reserve land shall be registered under the name of the rural collective economic organization whose land has been expropriated, and may not be registered under the name of an individual.

It is strictly forbidden to allocate reserved land to villagers in this village.

Article 10 The transfer, lease, mortgage of the right to use state-owned reserve land or the transfer, transfer, lease and mortgage of the right to use collective reserve land according to law shall be approved by more than two thirds of the members of the villagers' meeting or more than two thirds of the villagers' representatives of the rural collective economic organization, and the circulation plan shall be publicized within the scope of the collective economic organization 15 days.

Transfer, transfer, lease or pricing shares, cooperative investment with others, joint ventures and other forms of business projects and industrial land, with reference to the procedures and measures for public trading of state-owned land use rights, bidding, auction and listing transactions in the land trading market. However, the reserved land is used by companies and enterprises wholly invested by rural collective economic organizations.

Eleventh reserved land resettlement does not affect the compensation for land acquisition, and the compensation standard for land acquisition shall not be reduced due to the implementation of reserved land resettlement.

Twelfth in violation of the provisions of the fourth paragraph of article eighth of these measures, unauthorized transfer of reserved land indicators, land administrative departments at or above the county level shall not handle the approval procedures for the use of reserved land indicators.

In violation of the provisions of the second paragraph of Article 9 and the first paragraph of Article 10 of these measures, the reserved land is allocated to villagers without authorization, and the right to use the reserved land is transferred, leased or mortgaged without authorization. The land administrative departments at or above the county level shall not handle the registration procedures such as the change of the ownership of the reserved land.

In violation of the provisions of the second paragraph of Article 10 of these measures, the land administrative departments at or above the county level shall not handle the registration of property rights change or other rights registration procedures for the reserved land use rights that are not publicly traded.

Thirteenth large and medium-sized water conservancy and hydropower project construction land acquisition, in accordance with the relevant provisions of the state "large and medium-sized water conservancy and hydropower project construction land acquisition compensation and resettlement regulations".

Fourteenth local and municipal people's governments may, according to the spirit of these measures and combined with the actual situation of each region, formulate specific implementation measures for the management of reserved land of rural collective economic organizations in this Municipality.

Fifteenth approach by the Provincial Department of land and resources is responsible for the interpretation of.

Article 16 These Measures shall come into force as of the date of promulgation.

Guangdong Provincial Department of Land and Resources

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