Full text of the State Council's decision on deepening reform and strict land management

First, strictly implement the land management laws and regulations (1) and firmly establish the awareness of observing land laws and regulations. All regions and relevant departments should carry out in-depth and lasting study and education activities on land laws and regulations, deeply understand China's national conditions and the extreme importance of protecting cultivated land, manage land strictly according to law in the spirit of being responsible to the people and history, actively promote the transformation of economic growth mode, realize the transformation of land use mode, and take a new road of industrialization and urbanization in line with China's national conditions. To further improve the awareness of managing land according to law, we should make rational use of land within the scope permitted by laws and regulations. Anyone who grants or occupies land in violation of laws and regulations shall bear legal responsibility. (two) in strict accordance with the statutory authority for approval of land. The power of examination and approval of agricultural land conversion and land expropriation belongs to the people's governments of the State Council and provinces, autonomous regions and municipalities directly under the Central Government, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall not delegate the power of examination and approval of land in violation of laws and administrative regulations. It is strictly forbidden to evade the statutory approval authority and split the land for the approval of a single construction project. (3) Strictly implement the compensation system for occupied cultivated land. If all kinds of non-agricultural construction are approved to occupy cultivated land, the construction unit must supplement the quantity and quality of cultivated land, and the quantity and quality of supplementary cultivated land should be converted according to the grade, so as to prevent more occupation and less supplement, and the superior supplement the inferior. If it cannot be supplemented by itself, the cultivated land reclamation fee must be paid in accordance with the provisions of all provinces, autonomous regions and municipalities directly under the Central Government. Farmland reclamation fees should be included in the special account management, and shall not be reduced or used for other purposes. Government-invested construction projects must also include the cost of supplementary cultivated land in the project budget. (four) it is forbidden to illegally depress land prices to attract investment. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate and publish the lowest price standard for land transfer by agreement according to the benchmark land price. In addition to strictly implementing the prescribed procedures, the transfer price shall not be lower than the lowest price standard. In violation of the provisions of the transfer of land caused by the loss of state-owned land assets, should be held accountable according to law; If the circumstances are serious, criminal responsibility shall be investigated for the crime of illegally transferring the right to use state-owned land at a low price in accordance with the provisions of the Criminal Law of People's Republic of China (PRC). (five) investigate and deal with violations of land management laws and regulations in strict accordance with the law. At present, efforts should be made to solve the problems of non-compliance with laws, lax enforcement, failure to investigate violations of laws and abuse of administrative power against farmers' legitimate rights and interests. It is necessary to strengthen the law enforcement of land management and seriously investigate and deal with illegal cases such as illegal land grant and occupation. The establishment of land and resources, supervision and other departments to jointly handle cases and case transfer system, investigate and deal with land violations and illegal responsible persons. Typical cases should be handled openly. State functionaries who illegally approve the occupation of land, requisition of land and illegal transfer of the right to use state-owned land at low prices shall be given administrative sanctions in accordance with the Interim Measures of the Ministry of Land and Resources of the Ministry of Supervision on Administrative Punishment for Violation of Land Management Provisions; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the Criminal Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China, the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Land Resources and the Provisions of the Supreme People's Procuratorate on the Standards for Filing Crimes of Dereliction of Duty. Those who illegally approve the requisition or use of land and cause losses to the parties concerned must also be liable for compensation according to law.

Second, strengthen the implementation and management of the overall land use planning, urban planning and village and market town planning (VI) Strictly manage the revision of the overall land use planning, urban planning and village and market town planning. Development zones (parks) and new urban areas (districts) shall not be established outside the scope of construction land determined by the overall land use planning and the overall urban planning. The development zones reserved after cleaning up must be strictly examined according to the overall land use planning and the overall urban planning, in accordance with the principles of centralized layout, intensive land use and industrial agglomeration. The revision of the strict overall land use planning, involving changes in the direction, scale and main layout of land use, must be reported to the original approval authority for approval. The overall urban planning, village and market town planning shall not be modified without authorization. (seven) to strengthen land use planning and management. The annual plan of agricultural land conversion is mandatory management, and the indicators of cross-year carry-over plan must be strictly controlled. We will improve the annual plan for the conversion of agricultural land and the assessment methods, and classify the key construction projects such as energy, transportation, water conservancy, mines and military facilities approved by the state and the construction land of towns and villages, and assess them respectively according to the quota index and utilization efficiency. (eight) strictly control the total amount and speed of agricultural land into construction land. Strengthen the planning and plan review of agricultural land conversion approval, and strengthen the control and guidance of agricultural land conversion in the overall land use planning and annual land use plan. Those who do not meet the planning and have no annual plan targets for agricultural land conversion shall not approve land use. In order to consolidate the achievements of land market regulation, no new indicators of agricultural land conversion plan in 2004 will be added; Where the land acquisition compensation and resettlement fees owed to farmers in the past cannot be fully repaid before the end of 2004, the agricultural land conversion plan in this area in 2005 will be suspended. (nine) to strengthen the pre-trial management of land for construction projects. Any construction project that does not conform to the overall land use planning and has no indicators of agricultural land conversion plan shall not pass the pre-examination of project land. The development and reform department shall notify the project unit to carry out the preliminary work through appropriate means. After the project unit applies for land pre-examination, the land and resources department shall review the land for construction projects according to law. When the project construction unit applies to the development and reform department for examination and approval of construction projects, it must attach the pre-trial opinions of the land and resources department; If there is no pre-examination opinion or the pre-examination is unqualified, the construction project shall not be approved or approved. (ten) to strengthen the management of rural construction land. In accordance with the principles of total control, rational layout, land conservation and farmland protection, the overall land use planning of townships (towns) and the planning of villages and market towns shall be worked out, and the number, layout and scale of small towns and rural settlements shall be defined. Encourage rural construction land consolidation, and the increase of urban construction land should be linked to the decrease of rural construction land. Rural collective construction land must conform to the overall land use planning, village and market town planning, and be included in the annual land use plan. Anyone who occupies agricultural land must go through the examination and approval procedures according to law. It is forbidden to change the land collectively owned by farmers into state-owned land without authorization by means of "village to residence". It is forbidden for rural collective economic organizations to illegally transfer or lease collective land for non-agricultural construction. Reform and improve the examination and approval system of homestead, strengthen the management of rural homestead, and prohibit urban residents from buying homestead in rural areas. Guide the newly-built rural industries to concentrate in the planned towns and small towns. Under the premise of meeting the planning, the right to use the construction land collectively owned by farmers in villages, market towns and market towns can be transferred according to law. (eleven) strict protection of basic farmland. Basic farmland is the basis of ensuring national food security. The revision of the overall land use planning must ensure that the total amount and quality of existing basic farmland do not decline. Basic farmland should be implemented in plots and farmers, and marked on the certificate of land ownership and the certificate of rural land contractual management right. The filing of the basic farmland protection map should be completed within three months after the revision of the new round of overall land use planning. Once the basic farmland is demarcated, no unit or individual may occupy or change its use without authorization, which is an insurmountable "red line". Meet the statutory conditions, it is necessary to change and occupy basic farmland, must be reported to the State Council for approval; If the occupation of basic farmland is approved, the compensation for land acquisition shall be implemented according to the highest legal standards, and if the cultivated land is supplemented by paying land reclamation fees, the payment standards shall be implemented according to the highest local standards. It is forbidden to occupy basic farmland, dig fish ponds, plant trees and other activities that destroy the arable layer. It is forbidden to occupy basic farmland in any name such as building a "modern agricultural park" or "facility agriculture" and engage in real estate development in disguise.

Third, improve the compensation and resettlement system for land acquisition (12) improve the compensation method for land acquisition. The local people's governments at or above the county level shall take practical measures to ensure that the living standards of farmers whose land has been expropriated are not reduced by land expropriation. It is necessary to ensure timely and full payment of land compensation fees, resettlement subsidies and compensation fees for attachments and young crops on the ground according to law. If the land compensation fees and resettlement subsidies paid in accordance with the current laws and regulations are not enough to maintain the original living standards of landless farmers and pay the social security fees for landless farmers, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall approve the increase of resettlement subsidies. If the sum of land compensation fees and resettlement subsidies reaches the statutory upper limit, which is not enough to maintain the original living standard of landless farmers, the local people's government may subsidize them with the income from paid use of state-owned land. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate and publish unified annual output value standards or comprehensive land prices for land acquisition in cities and counties, and the land acquisition compensation shall be the same in the same place and at the same price. National key construction projects must include the land acquisition cost in full in the budget estimate. Compensation standards for land requisition and resettlement measures for large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council. (thirteen) the proper placement of landless farmers. Local people's governments at or above the county level shall formulate specific measures to ensure the long-term life of landless farmers. For projects with stable income, farmers can buy shares through the legally approved land use right of construction land. In the urban planning area, the local people's government should incorporate the landless peasants into the urban employment system and establish a social security system; Outside the urban planning area, when the land collectively owned by farmers is expropriated, the local people's government shall reserve the necessary cultivated land or arrange corresponding jobs for the landless farmers within their respective administrative areas; Land-expropriated farmers who do not have basic production and living conditions should be resettled in different places. The labor and social security department shall, jointly with the relevant departments, put forward guidance on establishing employment training and social security system for landless farmers as soon as possible. (fourteen) improve the land acquisition procedures. In the process of land expropriation, it is necessary to safeguard the rights and interests of farmers' collective land ownership and farmers' land contractual management rights. Before the land acquisition is submitted for approval according to law, the land-expropriated farmers should be informed of the purpose, location, compensation standards and resettlement methods of the land acquisition; The survey results of the current situation of the expropriated land must be confirmed by the rural collective economic organizations and farmers; When necessary, the land and resources department shall organize a hearing in accordance with the relevant provisions. Relevant materials informed and confirmed by land-expropriated farmers should be used as necessary materials for land acquisition approval. It is necessary to speed up the establishment and improvement of the coordination and adjudication mechanism for land acquisition compensation and resettlement disputes, and safeguard the legitimate rights and interests of landless farmers and land users. Approved land acquisition matters shall be publicized except in special circumstances. (fifteen) to strengthen the supervision of the implementation process of land acquisition. Without the implementation of land acquisition compensation and resettlement, the expropriated land shall not be forcibly used. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the principle that land compensation fees are mainly used for landless farmers, formulate the distribution methods of land compensation fees within rural collective economic organizations. Rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure and distribution of land acquisition compensation to the members of the collective economic organizations and accept supervision. Agriculture, civil affairs and other departments should strengthen supervision over the distribution and use of land acquisition compensation within rural collective economic organizations.

Fourth, improve the land saving and income distribution mechanism (16) and implement the policy of strengthening economical and intensive land use. Strictly control the increment of construction land, actively revitalize the stock, give priority to land conservation, and strive to revitalize the stock. New projects should first use the existing construction land and strictly control the occupation of cultivated land, woodland, grassland and wetland. Conduct a general survey of the stock of construction land resources, and study and formulate policies and measures to encourage the revitalization of the stock. All regions and relevant departments should adjust the provisions of the greening rate of the factory in accordance with the principle of intensive land use, and shall not occupy land for "garden-style factories". Promote multi-storey standard factory buildings in development zones (parks). On the premise that the industrial land conforms to the planning and does not change the original use, if the land utilization rate is improved and the floor area ratio is increased, the paid land use fee will not be charged or adjusted in principle. Infrastructure and public welfare construction projects should also save and use land reasonably. In the future, the agreement on land supply, land use and floor area ratio should be written into the land use contract. There must be regulatory requirements for industrial project land, such as investment intensity and development progress. If the land use right holder does not use the land according to the agreed conditions, he shall bear the corresponding liability for breach of contract. While strengthening the collection and management of farmland occupation tax, urban land use tax and land value-added tax, we will further adjust and improve the relevant tax systems and increase the tax adjustment for the collection and retention of construction land. (seventeen) to promote the market allocation of land resources. Strictly control the scope of allocated land and gradually implement the paid use of land for operating infrastructure. Use the price mechanism to curb excessive occupation, indiscriminate occupation and waste of land. In addition to the land that must be sold by means of bidding, auction and listing according to the current regulations, industrial land should also create conditions to gradually implement bidding, auction and listing. Upon approval according to law, if the original allocated land is used for business development and construction, the land transfer fee shall be paid at the market price. If the original allocated land use right is approved for transfer according to law, it shall be publicly traded in the tangible land market, and the land transfer fee shall be paid at the market price; If the transaction is lower than the market price, the government will exercise the preemptive right. (eighteen) to formulate and implement new land use standards. According to the national industrial policy, the land and resources department respectively prohibits and restricts the land used for eliminated and restricted projects, and formulates the quota standard of construction land for engineering projects in conjunction with relevant departments. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures according to actual conditions. Continue to stop the approval of high-end villa real estate, golf courses and other land. (nineteen) idle land is strictly prohibited. After the approval of agricultural land conversion, if the specific land acquisition or land use behavior is not implemented for two years, the approval document will automatically become invalid; If the land has been requisitioned for two years without land supply, the corresponding indicators shall be deducted when the agricultural land conversion plan for the next year is issued. Land with farming conditions should be handed over to the original land users to continue farming, or it can be cultivated by the local people's government. Idle land of land-using units shall be handled in strict accordance with the relevant provisions of the Land Administration Law of the People's Republic of China. (twenty) improve the new construction land use fee collection method. The paid land use fee for new construction land shall be paid first and then divided, and shall be turned over to the state treasury in full according to the prescribed standards, and shall not be reduced or exempted, and shall be paid by the state treasury according to the prescribed proportion. Audit departments should strengthen the supervision and inspection of the collection and use of paid land use fees for new construction land. For relief and arrears, it should be recovered according to law. The Ministry of Finance and the Ministry of Land and Resources shall timely adjust the charging standards for paid land use fees for new construction land. The paid use fees for new construction land should be used in strict accordance with the statutory purposes, and the part led by the central government should be tilted to the main grain producing areas. Explore the establishment of state-owned land revenue funds to curb short-term behavior of one-sided pursuit of land revenue.

Verb (abbreviation of verb) Establish and improve the responsibility system for farmland protection and land management (21) Define the power and responsibility of land management. The power and responsibility to regulate the total amount of newly added construction land lies with the central government, and the power and interests to revitalize the existing construction land lies with the local governments. The responsibility for the protection and rational use of land lies with local people's governments at all levels, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government should bear the main responsibility. On the premise of strictly implementing the overall land use plan and not breaking through the annual land use plan, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government can co-ordinate the land use arrangements within their respective administrative areas, examine and approve the conversion of agricultural land and land expropriation according to the statutory authority, decide on the distribution and use of paid land use fees for new construction land according to the prescribed purposes, organize the balance of cultivated land occupation and compensation within their respective administrative areas, and supervise and inspect the implementation of land management laws and regulations. Local people's governments at all levels should be responsible for the amount of cultivated land and the protection area of basic farmland within their respective administrative areas determined by the overall land use planning, and the main leaders of the government are the first responsible persons. Local people's governments at all levels should establish corresponding working systems and adopt various forms to ensure that the goal of farmland protection is implemented at the grassroots level. (twenty-two) the establishment of farmland protection responsibility assessment system. The State Council regularly issues assessment targets for farmland protection responsibilities to all provinces, autonomous regions and municipalities directly under the Central Government. The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall report to the State Council on the implementation of the target of farmland protection responsibility every year. Implement the dynamic monitoring and early warning system of farmland protection responsibility assessment. The Ministry of Land and Resources, together with the Ministry of Agriculture, the Ministry of Supervision, the National Audit Office, the Bureau of Statistics and other departments, regularly inspect and assess the implementation of the target of farmland protection responsibility in all provinces, autonomous regions and municipalities directly under the Central Government, and report to the State Council. Those who earnestly fulfill their responsibility objectives and have made outstanding achievements shall be commended and tilted when arranging the paid use fees for new construction land controlled by the central government. Those who fail to reach the target of responsibility shall be notified throughout the country and ordered to supplement cultivated land and basic farmland within a time limit. The land development and consolidation of supplementary cultivated land should also be evaluated regularly. (twenty-three) strict land management accountability system. Those who, in violation of the law, arbitrarily modify the overall land use planning, illegally occupy basic farmland, fail to complete the assessment target of farmland protection responsibility, expropriate land and infringe upon farmers' legitimate rights and interests, cause mass incidents, fail to solve in time, reduce or default the paid land use fee for new construction land, and fail to complete the basic farmland map filing on schedule shall be seriously investigated for responsibility, and the relevant responsible personnel shall be given administrative sanctions according to law by the superior competent department or the supervisory organ. At the same time, the higher government should order rectification within a time limit, and suspend agricultural land conversion and land acquisition approval during the rectification period. The specific measures shall be formulated separately by the Ministry of Land and Resources in conjunction with relevant departments. The implementation of supplementary cultivated land supervision accountability system, land resources and agriculture departments are responsible for the quantity and quality of supplementary cultivated land for acceptance, and are responsible for the acceptance results. Land and resources departments and agricultural departments of all provinces, autonomous regions and municipalities directly under the Central Government should strengthen supervision and inspection. (twenty-four) to strengthen land law enforcement supervision. Establish open standards for filing illegal land cases. If the case is not investigated and the law enforcement is not strict, the superior land and resources department shall order it to make a decision on administrative punishment or directly give it administrative punishment. Resolutely correct the illegal use of land only through fines to go through legal procedures. Illegal use of land and its buildings and other facilities, which should be dismantled or confiscated according to law, shall not be replaced by fines or formalities; If it is really necessary to go through the formalities, after being punished according to law, land acquisition compensation and land transfer fees and related expenses shall be levied on the higher authorities. Improve the land law enforcement and supervision system, establish a national land supervision system, set up a national land chief inspector, and send land inspectors to local areas to supervise land law enforcement. (twenty-five) to strengthen the administrative capacity building of land management. By the end of 2004, we will complete the reform of land and resources management system below the provincial level, straighten out the management system and working mechanism of leading cadres, and strengthen the construction of grass-roots teams. City and county people's governments shall ensure that the grass-roots land and resources management institutions, staffing and funds are put in place, and give full play to the role of grass-roots land and resources management in land management law enforcement. The Ministry of Land and Resources shall, jointly with relevant departments, establish and improve a unified system of land classification, survey, registration and statistics, and start a new round of land survey to ensure the authenticity of land data. Organize and implement the "Golden Soil Project". Make full use of modern high technology to strengthen dynamic monitoring of land use, and establish a dynamic monitoring network for the implementation of overall land use planning, farmland protection and land market. All regions and relevant departments should take Theory of Three Represents as a guide, firmly establish the Scientific Outlook on Development and correct outlook on political achievements, and take the implementation of the strictest land management system as an important measure to test the ability to govern and administer according to law. Attach great importance to the protection and rational use of land, conscientiously sum up experience, actively promote the reform of land management system, constantly improve the land legal system, establish a strict, scientific and effective land management system, safeguard the fundamental interests of the broad masses of the people, and ensure sustainable economic and social development.

The State Council 200412 October1day