Interpretation of rural land ownership registration

In May, 2065438+0/KLOC-0, the Ministry of Land and Resources, the Ministry of Finance and the Ministry of Agriculture issued the Notice on Accelerating the Registration and Certification of Rural Collective Land Ownership Certificates, demanding that the registration and certification of rural collective land ownership certificates be completed. This work is of great significance, involving the vital interests of farmers and having a great and far-reaching impact on rural economic and social development. Through the registration and certification of rural collective land ownership, farmers' land rights are confirmed according to law, and farmers' awareness of land property rights, especially the whole society, is helpful to effectively solve rural collective land ownership disputes and effectively safeguard farmers' rights and interests in the process of urbanization, industrialization and agricultural modernization.

1. What is the connotation of rural collective land ownership registration and certification?

As we all know, there are two kinds of land ownership in China. One is the ownership of state-owned land, mainly land within the scope of cities and towns; One is collective land ownership, mainly rural land. Generally speaking, the registration and certification of state-owned land use rights have been done well. The registration and certification of rural collective land ownership is to complete the registration and certification of collective land ownership, collective construction land use right and farmers' homestead use right.

2. How is the registration and certification of rural collective land ownership in our province progressing?

A: This work in our province started earlier and developed rapidly. According to statistics, the registration and certification rates of rural collective land ownership, collective construction land use right and farmer homestead use right are 94%, 92% and 94% respectively. There is no problem in fully completing the registration and certification of rural collective land ownership. Can complete the registration and certification of collective construction land use rights and farmers' homestead use rights.

3. What are the main principles of rural collective land ownership registration and certification?

A: There are five main principles:

The first is the principle of obeying the law. The second is the principle of convenience and efficiency. The third is the principle of adapting to local conditions. Allow all localities to further refine policies and choose appropriate technical means according to their own economic, social and technical conditions and work basis while meeting the needs of safeguarding farmers' land rights and interests and management. Fourth, the principle of priority is urgently needed. Fifth, the principle of universal coverage. That is, the registration and certification of rural collective land ownership should cover all rural collective land, including woodland and grassland.

4, under what circumstances to suspend the registration of collective land ownership and use rights?

Answer: In any of the following circumstances, the land registration of collective land ownership and use right shall be suspended:

(a) the land ownership is controversial; (2) Approving and requisitioning state-owned land according to law; (three) other laws and regulations to suspend the handling.

5. How to deal with the difficult and hot issues in rural land work-farmers' homestead?

A: The history of farmers' homestead lasts for a long time and the situation is relatively complicated. Therefore, the four national ministries and commissions have made specific provisions on the following issues:

(1) Non-villagers, who are relocated due to geological disaster prevention, new rural construction and resettlement. One, where the building in different places, with the consent of the majority of members of the collective and approved by the competent authorities, can be registered and issued in accordance with the provisions.

(two) members of the collective who already own the homestead, or people who are not members of the collective, who inherit the house and occupy the rural homestead, may register and issue certificates in accordance with the provisions.

(3) If the homestead and house property rights obtained in rural areas according to law are no longer the villagers' houses, and there is no change, the land registration can be handled according to law after the farmers' collective issue a certificate and announce that there is no objection.

(2) and (3), it is required to indicate in the column of "collective land use certificate" that "the obligee is not a collective member".

6. In rural areas, especially around cities, the problem of "small property houses" is prominent. How to deal with it?

A: The so-called "small property right house" is a commercial house illegally built on collective land for non-collective members to live in. According to the land management law, only members of the collective organization can enjoy a homestead, so "small property houses" are illegal, which is why "small property houses" cannot apply for land use certificates. Because this issue involves the interests of many people, the Ministry of Land and Resources has conducted pilot projects in Beijing and Shanghai. After the pilot, we will improve the relevant procedures according to the unified regulations of the Ministry of Land and Resources.