Hukou moves out of homestead

Check the local measures for the management of homestead.

Referring to Article 1, according to the Land Administration Law of the People's Republic of China (hereinafter referred to as the Land Administration Law), combined with the actual situation in our province, these implementation measures are formulated.

Article 2 Land is a precious and limited natural resource. People's governments at all levels must conscientiously publicize and implement the policy of cherishing and rationally utilizing land, strictly implement the land management law and these implementation measures, strengthen management, protect and develop land resources, and stop indiscriminate occupation of cultivated land and abuse of land.

Article 3 The land administration organs of the people's governments at all levels of provinces, cities (prefectures) and counties (cities, districts) shall be in charge of the unified land administration within their respective jurisdictions, and shall be responsible for the organization, implementation, inspection and supervision of the Land Administration Law and these Measures.

The township (town) people's government is responsible for the land management within its jurisdiction and is equipped with land management assistants.

Fourth collectively owned land, registered by the people's government at the county level, issued a certificate of land ownership; State-owned land used by units under ownership by the whole people, units under collective ownership or individuals according to law shall be registered by the people's governments at or above the county level and issued with land use certificates.

If it is necessary to change the land ownership and use right according to law, or if the land ownership and use right are transferred due to the sale or transfer of attachments on the ground, the people's government at or above the county level must go through the registration formalities for the change of land ownership and replace the certificate.

Land management organs at or above the county level shall establish a cadastral management system and cadastral files.

Article 5 The state may requisition land owned by collectives for the needs of public interests, and the units and individuals whose land is requisitioned shall obey the needs of the state and shall not hinder or obstruct it.

Article 6 State-owned land or collectively-owned land used by any unit or individual according to law must be used in accordance with the prescribed purposes and may not be changed at will.

No unit or individual may occupy, buy, sell, lease or illegally transfer land in other forms.

Article 7 The people's government at the county level shall, in line with the principle of land conservation and rational utilization, formulate annual construction land control indicators for counties (cities, districts), townships (towns) and villages according to the relevant regulations and requirements of the higher-level government, and strictly implement them after being reported to the people's government at the next higher level for approval.

Article 8 The local production bases of famous and special agricultural products and commodity vegetable fields within the urban planning area shall be effectively protected and shall not be occupied. If it really needs to be occupied, the new base and vegetable fields must be implemented at the same time.

Article 9 People's governments at the county level shall be responsible for the unified planning, development and management of state-owned barren hills, wasteland and beaches within their respective jurisdictions. After development, the land used for agriculture, forestry, animal husbandry and fishery production may be determined for use by the development unit with the approval of the people's government at or above the county level. Its examination and approval authority: if it is less than 1000 mu, it shall be approved by the people's government at the county level; More than one thousand acres, approved by the Municipal People's government and the regional administrative office.

Article 10 Fired bricks and tiles shall generally not occupy cultivated land. If it is really necessary to occupy it, it must be strictly controlled and reported to the people's government at or above the county level for approval. Land that can be reclaimed by firing bricks and tiles and other soil and quarrying must be reclaimed by land-using units or individuals. If the soil is not reclaimed within the specified time, the reclamation fund shall be paid to the state for organizing land reclamation and utilization. The specific provisions shall be formulated by the provincial people's government.

After the state-owned land is reclaimed, the people's governments at or above the county level shall make unified arrangements for its use; After the collectively owned land is recovered, it shall be arranged and used by all the original units in a unified way.

Eleventh due to the development and utilization of underground resources caused by ground subsidence, resulting in land production reduction, the development unit should be based on the degree of subsidence and production reduction, to the injured units or individuals to pay land leveling fees and production reduction subsidies. If the ground attachments cause damage, reasonable compensation shall be given according to the degree of damage. The development unit shall requisition the land that caused extinction. After expropriation, the people's governments at or above the county level shall organize development units, land-expropriated units and neighboring townships (towns) and villages to carry out comprehensive management and rational utilization.

Twelfth national construction needs to recover the state-owned land continuously cultivated by units and individuals, and the construction unit shall give appropriate subsidies according to the production input, farming years and economic benefits of the farming units or individuals. However, the amount of subsidy per mu shall not exceed four times the annual output value of the land per mu.

Thirteenth collectives or individuals engaged in agriculture, forestry, animal husbandry and fishery production must make rational use of land in accordance with the purposes stipulated in the contract. If the land is barren, the land barren fee shall be paid for restoring and fertilizing the soil fertility. The specific measures shall be formulated by the Municipal People's government and the regional administrative office and submitted to the provincial people's government for the record. If it has been deserted for more than two years in a row, the right to use it shall be withdrawn with the approval of the people's government at or above the county level.

Article 14 Urban planning should be coordinated with the overall land use planning. All the constructions carried out in the urban planning area shall conform to the requirements of the overall urban planning. When the land management authority goes through the approval procedures for land use, the site selection of the construction project shall obtain the consent of the competent department of city planning.

Requisition and allocation of land and mountains within the protection scope of cultural relics protection units at all levels shall be subject to the consent of the administrative department for culture in accordance with the provisions of the Law of People's Republic of China (PRC) on the Protection of Cultural Relics.

Fifteenth national construction land requisition, the construction unit must apply for land according to the procedures stipulated in the "Land Management Law", and the people's governments at all levels shall examine and approve according to the following authority.

(a) the requisition and allocation of cultivated land (garden, lotus pond, fish pond, reed pond, nursery, fast-growing and high-yield forest, regarded as cultivated land, the same below) of more than 1,000 mu, and other land of more than 2,000 mu shall be audited by the provincial people's government and reported to the State Council for approval;

(II) Requisition and allocation of more than 10 mu of cultivated land and 20 mu of other land shall be reviewed by the Municipal People's government and the regional administrative office and submitted to the provincial people's government for approval;

(3) Requisition and allocation of cultivated land 10 mu or other land less than 20 mu shall be examined by the county (city, district) people's government and reported to the municipal people's government and the regional administrative office for approval;

Cultivated land and other land within the urban planning scope of Jinan, Qingdao and Yantai approved by the State Council and the provincial people's government, if the requisition or allocation is less than 30 mu, shall be approved by the local municipal people's government;

(4) Requisition of less than three mu of allocated cultivated land and less than ten mu of other land shall be approved by the county (city, district) people's government, but requisition of less than three mu of cultivated land and less than ten mu of other land in the urban area where the city under the provincial jurisdiction is located shall be audited by the district people's government and reported to the Municipal People's government for approval;

(five) the land within the scope of Qingdao and Yantai Economic and Technological Development Zones designated with the approval of the State Council, the requisition and allocation of less than 50 mu of cultivated land and less than 100 mu of other land, shall be approved by the local municipal people's government.

The people's governments at or above the county level shall, in accordance with the examination and approval authority, approve the requisition and allocation of land, and must report it to the provincial people's government step by step for the record.

Sixteenth national construction land requisition compensation standards:

(a) the expropriation of cultivated land under the jurisdiction of provincial cities and county-level cities, the standard of land compensation is five to six times the average annual output value of the cultivated land in the three years before the expropriation. Expropriation of cultivated land under the jurisdiction of the county, the standard of land compensation is four to five times the average annual output value of the cultivated land in the three years before expropriation;

(two) the expropriation of other land, the standard of land compensation is two to four times the annual output value per mu;

(three) the expropriation of homestead, compensation in accordance with the land compensation standards of adjacent cultivated land.

Article 17 The compensation standards for attachments and young crops of land requisitioned for national construction:

(a) the compensation standard for young crops is calculated according to the output value of one crop. The trees on the expropriated land shall be transplanted as far as possible if there are transplant conditions, and the labor cost of transplanting and the loss of saplings shall be paid. Can not be transplanted, you can give price compensation in accordance with the relevant provisions, or by the land acquisition unit to cut down;

(two) buildings, structures and other attachments on the expropriated land can be compensated at a discount according to relevant regulations, and attachments with the same quality can also be built by land acquisition units;

(three) after the land acquisition negotiation, the trees planted by surprise and the attachments built by surprise will not be compensated.

Eighteenth national construction requisition land resettlement subsidy standards:

Where cultivated land and homestead are requisitioned, the resettlement subsidy standard for each agricultural population in need of resettlement is three times the average annual output value per mu in the three years before the cultivated land is requisitioned. However, the resettlement subsidy per mu of expropriated cultivated land shall not exceed ten times the average annual output value per mu in the three years before expropriation;

Requisition of other land, the standard of resettlement subsidy per mu, twice the annual output value per mu.

Nineteenth land compensation fees and resettlement subsidies paid in accordance with these measures can not maintain the original living standards of farmers who need to be resettled, and the resettlement subsidies need to be increased, which shall be approved by the provincial people's government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 20 times of the average annual output value in the three years before land acquisition.

Article 20. The surplus labor force caused by land requisition for national construction shall be arranged by the land administration organs of the people's governments at or above the county level to make full use of local resources, develop agricultural and sideline businesses, carry out diversified businesses, set up township (town) village enterprises and resettle various service industries; If the resettlement is not finished, the land management organ shall negotiate with the labor department and the land use unit for resettlement; Land units have rural recruitment indicators, should first recruit qualified villagers as farmers contract workers; When the national plan has rural recruitment indicators, the labor department should give priority to the qualified villagers to find jobs in other collective or state-owned units. And transfer the corresponding resettlement subsidies to units that absorb labor.

Twenty-first land acquisition units of cultivated land has been requisitioned, and approved by the provincial people's government, the original agricultural registered permanent residence has been converted to non-agricultural registered permanent residence. Residents who move from rural areas to non-rural areas are regarded as urban labor resources.

Twenty-second water conservancy and hydropower project construction land acquisition compensation standards and resettlement measures shall be separately determined by the provincial people's government in accordance with the provisions of the State Council.

Twenty-third national construction and township (town) construction in accordance with the law to use collectively owned arable land, agricultural tax and grain, cotton, oil and other agricultural products should be reduced or exempted.

Twenty-fourth national construction requisition vegetable land to pay new vegetable land development and construction fund standards and management measures, according to the relevant provisions of the provincial people's government.

Twenty-fifth all agricultural, forestry, animal husbandry and fishing grounds, using the land within the scope of this field for non-agricultural construction or producing commercial bricks, must be reported to the people's government at or above the county level for approval according to the construction land use procedures.

Twenty-sixth rural residential construction, township (town) village enterprise construction, township (town) village public facilities, public welfare undertakings and other township (town) village construction must be carried out in accordance with the township (town) village construction plan approved by the people's government at or above the county level, and the scale of land use must be strictly controlled. If the layout of the original approved construction plan is unreasonable or exceeds the prescribed land use quota, it shall be revised again.

Twenty-seventh rural residents should combine the transformation of old villages and make full use of the original homestead, village homestead and hillside wasteland. If there is no old homestead available, it is necessary to apply for a new homestead, and the land area is limited to:

(a) the suburbs of the city and the township (town) where it is located, and the homestead area of each household is 0.2 mu to 0.25 mu;

(two) villages in the plain area, the homestead area of each household is 0.2 mu to 0.3 mu. Villages built on saline-alkali land and wasteland can be appropriately relaxed, with a maximum of 0.4 mu;

(three) in hilly areas, the village site is on the plain, and the area of each household's homestead is 0.2 mu; On the thin hillside, the area of each household homestead can be appropriately relaxed, but it shall not exceed 0.4 mu at most.

(four) the per capita occupation of arable land is less than one mu, and the area of each household's homestead can be lower than the above limit.

Twenty-eighth rural residents to use cultivated land for new houses shall be approved by the people's government at the township level and reported to the people's government at the county level for approval; The use of the original homestead, village homestead and other land shall be approved by the people's government at the township level.

Twenty-ninth rural residents demolished houses to vacate the homestead, recovered by the villagers' committee, unified arrangements for use.

If you sell or rent a house, you may not apply for a homestead again.

Thirtieth township (town) enterprises use farmland collectively owned by village farmers for construction, and the land compensation standard is three to four times the average annual output value per mu in the three years before the farmland is requisitioned, and the resettlement subsidy standard for each agricultural population who needs resettlement is twice the average annual output value per mu in the three years before the farmland is requisitioned; If other land is used, the standard of land compensation fee is two to three times the annual output value per mu, and the standard of resettlement subsidy per mu is not more than twice the annual output value of the land.

Township (town) public facilities and public welfare undertakings use land collectively owned by village farmers, with reference to the above standards for compensation.

Thirty-first township (town) village enterprise construction land examination and approval authority, according to the provisions of article fifteenth.

Township (town) village public facilities and public welfare undertakings need to use cultivated land and other land, which shall be audited by the people's government at the township level and reported to the people's government at the county level for approval. The use of more than three acres of arable land and other land of more than ten acres shall be reported to the Municipal People's government and the regional administrative office for examination and approval.

Article 32 Where land is used for national construction and township (town) construction, the municipal and county land management authorities shall organize the land-using units and users to sign agreements on requisition, allocation and use of land, and allocate the land compensation fees, ground attachments and young crops compensation fees, resettlement subsidies and other expenses paid by the users according to regulations to the relevant units and individuals respectively. Land units pay land management fees to land management authorities. The payment standards and management measures for land management fees shall be formulated by the provincial people's government.

Article 33 If the collective land approved for use by township (town) village-run enterprises, township (town) village public facilities, public welfare undertakings and specialized households engaged in non-agricultural production is under any of the following circumstances, the land management organ shall report it to the people's government at or above the county level for approval, recover the land use right of the land-using unit and cancel the land use certificate:

(a) the land unit has been revoked or moved;

(two) without the consent of the original approval authority, it has not been used for two consecutive years;

(three) not according to the approved use;

(four) roads, bridges, mines and other approved scrapped.

Article 34 Units and individuals that meet one of the following conditions shall be commended or rewarded by the people's governments at or above the township level.

(a) in the protection of land and land resources development, rational use of land and related scientific research and other aspects of remarkable achievements;

(two) to fight against violations of national land laws and decrees, and to stop the indiscriminate occupation of cultivated land and the abuse of land;

(3) Having made remarkable achievements in land management.

Thirty-fifth in violation of the "land management law" and the implementation measures, in addition to the relevant provisions of the "land management law" to impose a fine, according to the following provisions:

(a) units under ownership by the whole people, units under collective ownership in cities and towns, township (town) and village enterprises and individuals, without approval, who illegally occupy the land by defrauding the approved amount or exceeding the approved amount, shall be fined 500 yuan to 1000 yuan per mu;

(two) the temporary use of land does not return, or refuses to hand over the land recovered according to law, a fine of 500 yuan to 1000 yuan per mu;

(three) the sale, lease or other forms of illegal transfer of land, the parties may be fined one hundred yuan to five hundred yuan;

(four) illegal occupation of land acquisition units compensation and resettlement subsidies, the amount of fines for the occupied costs of ten percent to twenty percent;

(five) fines, according to the provisions of the state turned over to the treasury.

The administrative punishment of Article 36 of the Land Management Law and these Provisions shall be decided by the land management organs of the people's governments at or above the county level. The administrative punishment for rural residents' illegal occupation of land for building houses may be decided by the people's government at the township level. If a party refuses to accept the decision on administrative punishment, he may bring a suit in a people's court within 30 days from the date of receiving the notice of the decision on punishment; If neither prosecution nor performance is made within the time limit, the organ that made the decision on punishment shall apply to the people's court for compulsory execution.

Thirty-seventh in the process of changing land ownership and use right and resolving disputes over land ownership and use right, cadres at all levels and relevant personnel must strictly implement the land management law and these implementation measures. Bribery, extortion, embezzlement and theft of state and collective property, inciting people to make trouble and obstructing national construction, shall be given administrative sanctions by their units or higher authorities; If the circumstances seriously violate the criminal law and constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Thirty-eighth problems in the specific application of these measures shall be interpreted by the Shandong Provincial Bureau of Land Management.

Article 39 These Measures shall come into force as of the date of promulgation. 1982 On March 20th, the provincial people's government issued the Notice of the State Council on Implementing the Regulations on the Administration of Rural Construction Land, and on August 4th, the provincial people's government issued the Provisions on Several Issues Concerning the Implementation of the Regulations on Land Requisition for National Construction, which shall be abolished at the same time.