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The latest policy of rural homestead reconstruction in Chongqing

Legal analysis

The construction of rural villagers' houses in urban planning areas should be carried out in accordance with urban planning, and the transformation of old villages should focus on the construction of farmers' residential quarters. The construction of rural villagers' houses outside the urban planning area shall, in accordance with the requirements of planning and intensive land use, prepare the construction plan of villages and market towns and organize their implementation. Encourage farmers to focus on the construction of new villages and the transformation of old villages. The construction planning of villages and market towns shall not be adjusted and changed at will, and all kinds of construction in the planning area of villages and market towns must conform to the construction planning. In the implementation planning process of building public welfare facilities and demarcating villagers' homestead, we should do a good job in education, correctly handle the relationship between new construction and demolition, and do a good job in the construction of villages and market towns in line with the principles of scientific guidance, step by step and capabilities. Rural villagers should make full use of the village homestead, old house base, wasteland and abandoned land when building, rebuilding and expanding their houses. Where there are members in the village and the old house base is not used, the new occupation of agricultural land and cultivated land for building houses shall not be approved. Encourage qualified villagers to build houses with more than two floors. 7, the people's governments at all levels are responsible for the administrative area of rural homestead management.

legal ground

1.Decision of NPC Standing Committee on Amending the Law of the People's Republic of China on Land Management and the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management. Amend the Land Administration Law of the People's Republic of China. One article is added as Article 6: "The institutions authorized by the State Council use the land of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities designated by the State Council. (2) Articles 11, 12 and 13 are merged into Article 12 and amended as: "The registration of land ownership and the right to use shall be implemented in accordance with the laws and administrative regulations on the registration of real estate. "The ownership and use right of land registered according to law are protected by law, and no unit or individual may infringe upon it." (3) Article 14 and Article 15 are merged into Article 13 and amended as: "Cultivated land, woodland, grassland and other land used for agriculture according to law owned by peasant collectives and owned by the state shall be contracted by households within rural collective economic organizations, while barren hills, gullies, hills and beaches that are not suitable for household contracting may be contracted by means of bidding, auction and public consultation. The contract period of cultivated land contracted by family is 30 years, grassland is 30 to 50 years, and woodland is 30 to 70 years; After the expiration of the contract period of cultivated land, it will be extended for another 30 years, and the contract period of grassland and woodland will be extended accordingly according to law.