Chongqing implemented the household registration reform, and our farmers' land was recovered. What will the country do?

Chongqing Household Registration System Reform Rural Land Withdrawal and Utilization Measures

Chapter I General Principles

Article 1 In order to promote the reform of urban and rural household registration system in Chongqing, accelerate the coordinated development of urban and rural economy and society, and promote the effective utilization of rural land resources, these Measures are formulated in accordance with relevant laws, regulations, rules and policies and in light of the actual situation of this Municipality.

Article 2 These Measures shall apply to rural residents who have legal rural housing, homestead and contracted land within the administrative area of this Municipality and voluntarily withdraw from rural housing, homestead and contracted land and become urban residents in accordance with the relevant provisions on household registration management.

These Measures shall not apply to the rural migrants who have not been expropriated in the construction of large and medium-sized water conservancy and hydropower projects and the non-expropriated personnel among the rural residents in villages in cities, and shall be implemented in accordance with the relevant provisions of the state and our city on land acquisition.

Article 3 The withdrawal and utilization of rural land shall follow the following principles:

(1) The principle of overall consideration. Overall design, classified planning and overall planning of urban and rural land use.

(2) The principle of voluntariness according to law. The recovery of rural land shall comply with the provisions of laws and regulations and fully respect the wishes of farmers.

(3) The principle of reasonable compensation. Give reasonable compensation to farmers who quit rural land, and fully protect farmers' property, housing and other rights.

(4) the principle of unified management. Recovered rural land should be managed in a unified way and used rationally by classification.

(5) Use the control principle. The recovery and utilization of rural land shall conform to the overall land use planning and town planning, and the land use shall not be changed without authorization.

Fourth city land administrative departments responsible for guiding and supervising the city's homestead and building (structure) recovery and use; The municipal administrative department of agriculture is responsible for guiding and supervising the withdrawal and utilization of rural contracted land in the city.

City public security, finance, civil affairs, urban and rural construction, planning, housing management and other departments in accordance with their respective responsibilities, respectively, do a good job in related work.

The people's governments of counties (autonomous counties) shall organize the township people's governments (street offices) and the administrative departments of land, agriculture and finance to do a good job in the withdrawal and utilization management of rural homesteads and buildings, and contracted land for rural residents to urban residents within their respective administrative areas.

Township People's governments (street offices) shall organize and guide villages and social organizations (groups) to do a good job in the withdrawal and utilization of rural residential sites and buildings (structures) and contracted land for transfer households.

Fifth city rural land consolidation institutions through loans, financial investment funds, financial working capital, land ticket income and other channels to raise rural land compensation working capital outside the urban construction land expansion boundary determined by the overall land use planning.

Rural land consolidation institutions or other designated institutions approved by the people's governments of counties (autonomous counties) shall be specifically responsible for the following work:

(a) the specific implementation of the recovery, cleaning, registration, calculation and payment of fees for homestead and buildings (structures);

(two) compensation, transformation, management and utilization of homestead and buildings (structures) outside the extended boundary of urban construction land determined by the overall land use planning;

(3) Raise the compensation working capital for rural land recovered from contracted land outside the extended boundary of urban construction land determined by the overall land use planning through loans, financial investment funds, financial working capital and other channels, and undertake the compensation and rectification work after the contracted land is recovered in accordance with the provisions of Article 13 of these Measures.

State-owned land reserve institutions can specifically raise rural land compensation working capital within the extended boundary of urban construction land determined by the overall land use planning, and can entrust rural land consolidation institutions to implement it.

The rural land circulation service station established by the Township People's Government (street offices) is specifically responsible for the management and utilization of contracted land.

Article 6 The relevant municipal departments and the people's governments of districts and counties (autonomous counties) shall, in combination with the process of urbanization and economic and social development, do what they can, guide, encourage and support social capital to participate in rural land consolidation, circulation, agricultural industrialization and large-scale operation; Support and encourage urban industrial and commercial capital and leading enterprises in agricultural industrialization to participate in rural land transfer and improve the efficiency of rural land withdrawal and utilization.

Chapter II Withdrawal and Compensation

Article 7 Rural residents who meet the access conditions stipulated in the Opinions of Chongqing Municipal People's Government on Coordinating the Reform of Urban and Rural Household Registration System (Yu Fu Fa [2010] No.78) and voluntarily become urban residents are the objects of rural land withdrawal as stipulated in these Measures.

Article 8 Transfer households may transfer their rural homestead use right, house ownership and contracted management right in accordance with the relevant provisions, or voluntarily withdraw and get compensation in accordance with the provisions of these Measures.

Ninth rural residents who voluntarily turn into urban residents, their homestead and buildings (structures) shall be compensated according to the following provisions:

(a) rural residents voluntarily transfer households to withdraw from the homestead and the above-ground buildings (structures), with reference to the land acquisition policy of counties (autonomous counties) at the time of withdrawal, give one-time compensation to rural houses and their structures and attachments, and with reference to the land fare policy, give one-time compensation for the right to use the homestead and purchase subsidies. In the future, land acquisition will no longer enjoy the right to compensation.

(2) If some family members become urban residents, they will retain the right to obtain the corresponding compensation for the homestead and buildings (structures) when the whole family withdraws in the future, and will no longer enjoy the right to obtain the homestead. If the whole family turns into urban residents, they will withdraw from the homestead and buildings, and be compensated according to the standards when the whole family withdraws.

(III) After the rural five-guarantee object withdraws from the homestead building (structure), the civil affairs department shall arrange centralized support, and the rural land consolidation institution shall establish special accounts and special account management, and the land use value-added income obtained shall be turned over to the civil affairs department in accordance with the relevant provisions to be earmarked for centralized support of the rural five-guarantee object.

Tenth voluntary withdrawal from the contracted land, according to the remaining years of the current contract period and the average annual turnover income standard compensation. The compensation standards and measures shall be formulated by the people's governments of counties (autonomous counties).

If some family members become urban residents, they will retain the right to receive corresponding compensation or income from the contracted land when the whole family withdraws in the future. If the whole family turns into urban residents, they will withdraw from the contracted land and be compensated according to the standard when the whole family withdraws.

Article 11 If the whole family of rural residents within the extended boundary of urban construction land determined by the overall land use planning voluntarily turns into urban residents and withdraws from the homestead and the above-ground buildings (structures) and all contracted land, the pilot area of land acquisition system reform may go through the formalities of rural land acquisition according to the relevant provisions of "separation of expropriation and transfer", and at the same time, after compensation and resettlement are given according to the land acquisition policy, the land originally owned by rural collectives will be turned into state-owned land.

Twelfth transfer of residential land and buildings (structures) to withdraw from the application, examination, approval and implementation procedures:

(a) residents who have been approved by the public security department of the place where the household registration is moved may apply to the township people's government (street office) of the place where the household registration is moved with the following requirements:

1. application form for voluntary withdrawal from homestead and buildings (structures);

2. Rural real estate warrants;

3. The household registration book of the transferring household and the identification materials of family members;

4. Written opinions of collective economic organizations agreeing to transfer households to return land;

5. Proof of having a legally stable residence in the town;

6. Notice of transfer confirmation issued by the public security organ;

7. Other materials that need to be provided.

(two) the Township People's Government (street offices) shall, after receiving the application, conduct a preliminary examination of the relevant conditions and qualifications of farmers. After passing the preliminary examination, the Township People's Government (sub-district offices) shall, jointly with relevant departments, clean up, measure, register and calculate the compensation fees for the family members of farmers and the homestead and buildings (structures) within 15 working days, and after the posting of villagers' groups (agencies), farmers, rural collective economic organizations and rural land consolidation institutions shall sign the voluntary withdrawal from the homestead and buildings (structures). The term agreed in the agreement shall be counted from the date of rotation of the household, but the longest period shall not exceed 3 years.

The Township People's Government (street offices) shall, within 5 working days from the date of signing the agreement, submit the application materials such as the Agreement on Voluntary Withdrawal of Homestead and Building (Structure) and the compensation list to the land administrative departments of counties (autonomous counties) for examination.

(3) The land administrative departments of counties (autonomous counties) shall conduct unified registration management, and report to the people's government of counties (autonomous counties) for approval within 10 working days.

(4) After the repossession of the homestead and buildings (structures) is approved, the transferring residents shall deliver the homestead and buildings (structures) in time according to the time limit agreed in the agreement, and obtain compensation for repossession of the homestead and buildings (structures) at the same time.

After the homestead and buildings (structures) exit, the original rural real estate certificate shall be cancelled according to law. If the agreement stipulates the transition period of land transfer, the certificate of rural real estate ownership shall be managed by the rural land consolidation institution and reported to the ownership registration institution for the record. Before the homestead and buildings (structures) are delivered for use, the transferred residents shall not transfer, lease or mortgage the homestead and buildings (structures), and shall not change the use and present situation of the homestead and buildings (structures).

Thirteenth households contracted land withdrawal, according to the following procedures:

(1) When a farmer withdraws from the contracted land, he shall submit a written application to the collective economic organization. The application shall include the reasons for withdrawing from the contracted land, the area of withdrawing from the contracted land, whether all family members agree to give up the contracted management right, etc. At the same time, provide the rural land contractual management right certificate and circulation confirmation notice issued by the public security organs of the counties (autonomous counties) in the emigration area.

(2) When a farmer withdraws from the contracted land, he shall sign a written withdrawal agreement with the collective economic organization. The agreement shall include the following main contents:

1. Name of head of household, contracted population and their names of contracted farmers;

2. The plot, location and area of the contracted land;

3. The way and amount of compensation;

4. Other matters agreed by both parties.

The term agreed in the agreement shall be counted from the date of rotation of the household, but the longest period shall not exceed 3 years.

(3) Collective economic organizations shall publicize the withdrawal of contracted land and its compensation. The area of withdrawing from the contracted land shall be subject to the area specified in the rural land contractual management right certificate. The publicity time is not less than 7 days.

(four) the compensation fee for withdrawing from the contracted land shall first be funded by the collective economic organization. Collective economic organizations really can't contribute, after the county (autonomous county) administrative department of agriculture in conjunction with the Township People's government (street offices) audit confirmation, county (autonomous county) rural land improvement institutions to raise rural land compensation working capital can be used for payment.

(5) If the rural land compensation working capital is used to pay the land recovery compensation fee, the collective economic organization shall report the land recovery application form, agreement, relevant reasons and materials to the township people's government (street office). The Township People's Government (street office) shall, within 15 working days, review its authenticity and compliance with the provisions on land resumption. Audited in accordance with the provisions of the Township People's government (street offices) should be reported to the county (Autonomous County) agricultural department for approval within 5 working days, and reported to the people's government at the same level for approval. After approval, the rural land compensation working capital management institution can pay compensation fees to retired farmers.

(six) after withdrawing from the contracted land and receiving compensation, the farmers who withdrew from the land returned or the collective economic organizations recovered the rural land contractual management right certificate; If it is not returned, the collective economic organization may request the issuing authority to cancel it. The administrative department of agriculture of the county (autonomous county) shall inform the rural land consolidation institution in writing of the recovery or cancellation of the contract management right certificate.

"Exit the rural contracted land agreement" agreed to transfer households to withdraw from the land transition period, the rural contracted management right certificate shall be managed by the rural land consolidation agency and reported to the issuing authority for the record. Before the contracted land is delivered, the transferred residents shall not transfer, lease or mortgage the contracted land, and shall not change the use of the contracted land.

Article 14 If the homestead, buildings and contracted land recovered by the transferred residents are located within the extended boundary of urban construction land as determined in the overall land use planning, the state-owned land reserve institution approved and determined shall pay the compensation fee in one lump sum according to the calculation of its reserve scope and rural land consolidation institution. If the state-owned land reserve institution and reserve scope are not determined, the state-owned land reserve institution designated by the local county (autonomous county) people's government shall pay the compensation fee in one lump sum according to the calculation of the rural land consolidation institution.

The state-owned land reserve institution entrusts the rural land consolidation institution to sign the Agreement on Voluntary Withdrawal from Homestead and Building (Structure) with the transferred residents and collective economic organizations.

Fifteenth conditional district and county (Autonomous County) people's government can supply state-owned construction land in the form of administrative allocation within the urban planning area, and make unified planning and construction of centralized residential areas. Transfer residents can apply for purchase according to the provisions of districts and counties (autonomous counties).

Transfer residents who meet the conditions of urban affordable housing can be included in the scope of housing security after transfer into the city.