Measures for the implementation of land management law in Xiao Lv Township, Yuzhou City

The implementation measures of the Land Management Law are basically formulated by the local land and resources bureau and implemented by the national land.

Search on the website of Yuzhou Municipal Bureau of Land and Resources found no relevant implementation measures.

Please refer to the Regulations of the People's Republic of China on the Implementation of the Land Administration Law.

Source of information: /News_View.asp? newsid= 146

The State Council Order of the People's Republic of China? No.256 "Regulations for the Implementation of the Land Administration Law of the People's Republic of China" was adopted at the 1998 12 executive meeting in the State Council on February 24th, and is hereby promulgated, and shall come into force as of June 20th 1999 1 day. Prime minister? Zhu Rongji? December 27th, 1998

Chapter one? Total? rule

Rule number one These Regulations are formulated in accordance with the Land Administration Law of the People's Republic of China (hereinafter referred to as the Land Administration Law).

Chapter two? Land ownership and use right

Rule number two The following land belongs to the whole people, that is, the state:

? (1) Urban land;

? (2) Land that has been expropriated, requisitioned or acquired as state-owned in rural areas and urban suburbs according to law;

? (3) Land requisitioned by the state according to law;

? (4) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;

? (five) all the members of the rural collective economic organizations are turned into urban residents, and the land originally owned by its members collectively;

? (6) Due to national migration, natural disasters and other reasons, after the collective organized land migration of farmers, the land that was originally owned by the relocated farmers and no longer used.

Rule three. The state practices the system of land registration and certification according to law. Land ownership and land use rights registered according to law are protected by law, and no unit or individual may infringe upon them.

? The content of land registration and the style of land ownership certificate shall be uniformly stipulated by the land administrative department of the State Council.

? Land registration information can be publicly inquired.

? The confirmation of the ownership or use right of forest land and grassland, and the confirmation of the use right of water surface and beach culture shall be handled in accordance with the relevant provisions of the Forest Law, Grassland Law and Fisheries Law respectively.

Article 4? The land collectively owned by farmers shall be applied by the landowner to the land administrative department of the people's government at the county level where the land is located, registered by the people's government at the county level, and the collective land ownership certificate shall be issued to confirm the ownership.

? If the land collectively owned by farmers is used for non-agricultural construction according to law, the land user shall apply to the land administrative department of the people's government at the county level where the land is located, and the people's government at the county level shall register it, issue a collective land use right certificate and confirm the right to use the construction land.

? The municipal people's government with districts may uniformly register the land collectively owned by farmers within the municipal area.

Article 5? Units and individuals who use state-owned land according to law shall apply to the land administrative department of the people's government at or above the county level where the land is located, and the people's government at or above the county level shall register, issue certificates of state-owned land use rights and confirm the right to use. Among them, the registration and certification of state-owned land used by central state organs shall be the responsibility of the land administrative department of the State Council, and the specific registration and certification measures shall be formulated by the land administrative department of the State Council in conjunction with the the State Council Municipal Bureau of Organs Affairs and other relevant departments.

? State-owned land with undetermined right to use shall be registered by the people's governments at or above the county level and shall be responsible for the protection and management.

Article 6? If the ownership and use right of land are changed according to law, and the land use right is transferred according to law due to buildings, structures and other attachments on the ground, an application for registration of land change must be submitted to the land administrative department of the people's government at or above the county level where the land is located, and the original land registration authority shall handle the registration of land ownership and use right change according to law. Changes in land ownership and use rights shall take effect from the date of registration of changes.

? To change the land use according to law, it is necessary to apply to the land administrative department of the people's government at or above the county level where the land is located with the approval document, and the original land registration authority shall handle the registration of change according to law.

Article 7? According to the relevant provisions of the Land Administration Law, if the land use right of the land-using unit is recovered, the original land registration authority shall cancel the land registration.

? If the land user fails to apply for renewal or the application for renewal is not approved, the original land registration authority shall cancel the land registration.

Chapter three? Overall land use planning

Article 8? The national overall land use planning shall be compiled by the land administrative department of the State Council in conjunction with relevant departments of the State Council and submitted to the State Council for approval.

? The overall land use planning of provinces, autonomous regions and municipalities directly under the Central Government shall be compiled by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for approval.

? The overall land use planning of the city where the people's governments of provinces and autonomous regions are located, the city with a population of 1 10,000 or more and the city determined by the State Council shall be compiled by the land administrative departments at the corresponding level and other relevant departments of the municipal people's governments, and shall be submitted to the State Council for approval after being examined and approved by the people's governments of provinces and autonomous regions.

? General plans for land use other than those specified in the first, second and third paragraphs of this article shall be compiled by the land administrative departments at the same level and other relevant departments organized by the relevant people's governments and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval step by step; Among them, the overall land use planning of a township (town) is compiled by the township (town) people's government and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the people's governments of cities and autonomous prefectures with districts authorized by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval.

Article 9? The planning period of the overall land use planning is generally 15 years.

Article 10? According to the Land Management Law, land should be divided into agricultural land, construction land and unused land in the overall land use planning.

? The overall land use planning at county level and township (town) shall, according to needs, delimit basic farmland protection areas, land reclamation areas, construction land areas and reclamation-forbidden areas, etc. Among them, the overall land use planning of townships (towns) should also determine the use of each piece of land according to the land use situation.

? Specific measures for land classification and demarcation of land use areas shall be formulated by the land administrative department of the State Council in conjunction with relevant departments of the State Council.

Article 11? After the overall land use planning of a township (town) is approved according to law, the township (town) people's government shall make an announcement within its administrative area.

? The announcement shall include the following contents:

? (1) planning objectives;

? (2) planning period;

? (3) Planning scope;

? (4) the use of plots;

? (five) the approval authority and the date of approval.

Article 12? Where the overall land use planning is revised in accordance with the provisions of the second and third paragraphs of Article 26 of the Land Management Law, the original compilation organ shall make the revision according to the approval documents of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The revised overall land use plan shall be submitted to the original approval authority for approval.

? After the revision of the master plan for land use at the next higher level, if it involves the revision of the master plan for land use at the next lower level, the people's government at the next higher level shall notify the people's government at the next lower level to make the corresponding revision and report it to the original approval authority for the record.

Thirteenth people's governments at all levels should strengthen the management of annual land use plans and control the total amount of construction land. Once the annual land use plan is approved and issued, it must be strictly implemented.

? The annual land use plan shall include the following contents:

? (a) agricultural land conversion plan indicators;

? (2) cultivated land planning indicators;

? (3) Indicators of land development and consolidation plan.

Fourteenth land administrative departments of the people's governments at or above the county level shall, jointly with relevant departments at the same level, conduct land surveys.

? The land survey shall include the following contents:

? (1) Land ownership;

? (2) Present situation of land use;

? (3) Land conditions.

? The survey results of local land use status shall be announced to the public after being audited by the people's government at the same level and approved by the people's government at the next higher level; The results of the national land use survey shall be announced to the public after being reported to the State Council for approval. Land survey rules shall be formulated by the land administrative department of the State Council in conjunction with relevant departments of the State Council.

Fifteenth the State Council land administrative departments in conjunction with the relevant departments of the State Council to develop land grade standards.

? The land administrative departments of the people's governments at or above the county level shall, jointly with the relevant departments at the same level, evaluate the land grade according to the land grade evaluation standards. The results of local land grading are audited by the people's government at the same level, approved by the land administrative department of the people's government at the next higher level, and announced to the public.

? According to the national economic and social development, the land grade is adjusted every six years 1 time.

Chapter four? Cultivated land protection

Article 16 Where urban planning and village and market town planning are implemented, cultivated land is occupied within the scope of urban construction land determined by the overall land use planning, and cultivated land is occupied by energy, transportation, water conservancy, mines, military facilities and other construction projects outside the scope of urban construction land determined by the overall land use planning, the municipal and county people's governments, rural collective economic organizations and construction units shall be responsible for reclaiming cultivated land respectively in accordance with the provisions of Article 31 of the Land Management Law; Land reclamation fees shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government if the cultivated land that has no conditions for reclamation or reclamation does not meet the requirements.

Article 17? Units and individuals are prohibited from engaging in land development activities in the reclamation-forbidden areas determined in the overall land use planning.

? Those who develop state-owned barren hills, wasteland and wasteland to engage in planting, forestry, animal husbandry and fishery production in the land reclamation area determined in the overall land use planning shall apply to the land administrative department of the people's government at or above the county level where the land is located and report it to the people's government with the approval authority for approval.

? One-time development of state-owned barren hills and wasteland and undetermined land use rights of less than 600 hectares shall be approved by the local people's governments at or above the county level in accordance with the limits of authority prescribed by provinces, autonomous regions and municipalities directly under the Central Government; Development of more than 600 hectares, reported to the State Council for approval.

? If the state-owned barren hills, wasteland and wasteland with undetermined land use rights are developed and engaged in farming, forestry, animal husbandry or fishery production, they may be determined to be used by the development unit or individual for a long time with the approval of the people's government at or above the county level according to law, and the longest use period shall not exceed 50 years.

Article 18? County and township (town) people's governments shall, according to the overall land use planning, organize rural collective economic organizations to formulate land consolidation plans and organize their implementation.

? Local people's governments at all levels shall take measures to promote land consolidation according to the overall land use planning. Sixty percent of the newly-increased cultivated land area in land consolidation can be used as a compensation index to offset the occupation of cultivated land by construction.

? Land consolidation costs shall be borne by rural collective economic organizations and land users in accordance with the principle of who benefits and who bears.

Chapter five? land for construction

Nineteenth construction land, involving the conversion of agricultural land into construction land, should be in line with the overall land use planning and land use annual plan to determine the conversion of agricultural land; Where the construction of cities, villages and market towns occupies land and involves the conversion of agricultural land, it shall also conform to the urban planning and the planning of villages and market towns. Do not meet the requirements, shall not approve the conversion of agricultural land into construction land.

Article 20? In the scope of urban construction land determined by the overall land use planning, if it is necessary to occupy land for the implementation of urban planning, it shall be handled in accordance with the following provisions:

? (1) The municipal and county people's governments shall, according to the annual plan for land use, prepare plans for the conversion of agricultural land, supplementary cultivated land and land requisition, and report them to the people's governments with the right of approval step by step.

? (2) The land administrative department of the people's government with the right of approval shall examine the plans for conversion of agricultural land, supplementary cultivated land and land requisition, put forward examination opinions and report them to the people's government with the right of approval for approval; Among them, the plan of supplementary cultivated land is approved by the people's government that approved the plan of agricultural land conversion.

? (3) After approval, the agricultural land conversion plan, supplementary cultivated land plan and land requisition plan shall be organized and implemented by the municipal and county people's governments, and land shall be provided separately according to specific construction projects.

? If the implementation of village and market town planning requires the occupation of land within the scope of construction land for villages and market towns determined in the overall land use planning, the municipal and county people's governments shall prepare plans for the conversion of agricultural land and supplementary cultivated land, and handle them in accordance with the procedures specified in the preceding paragraph.

Article 21? If a specific construction project needs to use land, the construction unit shall apply for a one-time application according to the overall design of the construction project and go through the formalities for examination and approval of construction land; Staged construction projects can apply for construction land by stages according to the scheme determined in the feasibility study report, and go through the relevant examination and approval procedures for construction land by stages.

Article 22? Specific construction projects need to occupy state-owned construction land within the scope of urban construction land determined by the overall land use planning, and shall be handled in accordance with the following provisions:

? (a) when conducting a feasibility study of a construction project, the land administrative department shall review the relevant matters concerning the land used for the construction project and put forward a pre-trial report on the land used for the construction project; When the feasibility study report is submitted for approval, it must be accompanied by a pre-trial report on land use for construction projects issued by the land administrative department.

? (II) The construction unit shall submit an application for construction land to the land administrative department of the people's government of the city or county with the relevant approval documents of the construction project, and the land administrative department of the people's government of the city or county shall review it, draw up a land supply plan and report it to the people's government of the city or county for approval; If the approval of the people's government at a higher level is needed, it shall be reported to the people's government at a higher level for approval.

? (three) after the approval of the land supply plan, the municipal and county people's governments shall issue a letter of approval for construction land to the construction unit. Paid use of state-owned land, the land administrative departments of the people's governments of cities and counties and land users signed a contract for paid use of state-owned land; Where state-owned land is used by means of allocation, the land administrative department of the people's government of the city or county shall issue a decision on the allocation of state-owned land to the land users.

? (4) Land users shall apply for land registration according to law.

Where the right to use state-owned construction land is provided by means of bidding or auction, the land administrative department of the people's government of the city or county shall, jointly with relevant departments, draw up a plan, which shall be organized and implemented by the land administrative department of the people's government of the city or county after being reported to the people's government of the city or county for approval, and sign a contract for paid use with the land users. Land users shall apply for land registration according to law.

Article 23? If a specific construction project needs to use land, it must apply for the use of state-owned construction land within the scope of urban construction land determined by the overall land use planning according to law. Energy, transportation, water conservancy, mines, military facilities and other construction projects really need to use land outside the scope of urban construction land determined by the overall land use planning, involving agricultural land, in accordance with the following provisions:

? (a) when conducting a feasibility study of a construction project, the land administrative department shall review the relevant matters concerning the land used for the construction project and put forward a pre-trial report on the land used for the construction project; When the feasibility study report is submitted for approval, it must be accompanied by a pre-trial report on land use for construction projects issued by the land administrative department.

? (II) The construction unit shall submit an application for construction land to the land administrative department of the people's government of the city or county with the relevant approval documents of the construction project, and the land administrative department of the people's government of the city or county shall examine the application, draw up plans for agricultural land conversion, supplementary cultivated land, land acquisition plans and land supply plans (land acquisition plans are not prepared for state-owned agricultural land), and report them to the people's government with approval authority step by step after being examined by the people's government of the city or county; Among them, the supplementary cultivated land plan is approved by the people's government that approved the agricultural land conversion plan at the same time; The people's government that approves the land requisition by local cause of action shall approve the land requisition plan at the same time (if the state-owned agricultural land is involved, the people's government that approves the conversion of agricultural land by local cause of action shall approve the conversion plan of agricultural land at the same time).

? (3) After the plans for conversion of agricultural land, supplementary cultivated land, land requisition and land supply are approved, the municipal and county people's governments shall organize their implementation, and issue a letter of approval for construction land to the construction unit. Paid use of state-owned land, the land administrative departments of the people's governments of cities and counties and land users signed a contract for paid use of state-owned land; Where state-owned land is used by means of allocation, the land administrative department of the people's government of the city or county shall issue a decision on the allocation of state-owned land to the land users.

? (4) Land users shall apply for land registration according to law.

Construction projects really need to use land outside the scope of urban construction land determined by the overall land use planning, and only the land acquisition plan and land supply plan will be submitted for approval if it involves unused land owned by farmers collectively.

Article 24? Where a specific construction project needs to occupy the state-owned unused land determined in the overall land use plan, it shall be handled in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government; However, national key construction projects, military facilities, construction projects across provinces, autonomous regions and municipalities directly under the Central Government, and land for other construction projects specified by the State Council shall be reported to the State Council for approval.

Article 25? After the land acquisition plan is approved according to law, the people's government of the city or county where the land is expropriated shall organize its implementation, and announce the land acquisition authority, approval number, use, scope and area of the expropriated land, land acquisition compensation standard, agricultural personnel resettlement method and time limit for handling land acquisition compensation in the township (town) or village where the land is expropriated.

? The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the people's government designated in the announcement.

? The land administrative departments of the people's governments of cities and counties shall, in accordance with the approved land acquisition plan, formulate compensation and resettlement plans for land acquisition jointly with relevant departments, make an announcement in the land-expropriated townships (towns) and villages, and listen to the opinions of the land-expropriated rural collective economic organizations and farmers. After the land requisition compensation and resettlement plan is approved by the municipal and county people's governments, it shall be organized and implemented by the land administrative departments of the municipal and county people's governments. Disputes over compensation standards shall be settled by the local people's governments at or above the county level through coordination; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. The dispute over land requisition compensation and resettlement does not affect the implementation of land requisition plan.

? All land acquisition expenses shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan.

Article 26? Land compensation fees are owned by rural collective economic organizations; Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops.

? The resettlement subsidy for the expropriated land must be earmarked for special purposes and shall not be used for other purposes. Need to be resettled by rural collective economic organizations, resettlement subsidies paid to rural collective economic organizations, managed and used by rural collective economic organizations; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, the resettlement subsidy shall be paid to the individual or used to pay the insurance premium of the resettled person with the consent of the resettled person.

? City, county and township (town) people's governments shall strengthen supervision over the use of resettlement subsidies.

Article 27? If land is urgently needed for emergency rescue and disaster relief, priority can be given to the use of land. Among them, if it belongs to temporary land, it should be restored to its original state after the disaster and handed over to the users of the restored land for use, and the land use examination and approval procedures will no longer be handled; If it belongs to permanent construction land, the construction unit shall apply for completing the examination and approval procedures for construction land within 6 months after the disaster ends.

Article 28? If the construction project and geological exploration need to temporarily occupy cultivated land, the land user shall resume planting conditions within 1 year from the date of expiration of the temporary land use.

Article 29? Paid use of state-owned land includes:

? (a) the transfer of state-owned land use rights;

? (2) Lease of state-owned land;

? (three) the right to use state-owned land is invested or invested at a fixed price.

Article 30? The paid land use fee for new construction land stipulated in Article 55 of the Land Management Law refers to the average net land income that the state should obtain in new construction land.