Who will pay the salary for land title confirmation?

Local Land and Resources Bureau.

Several opinions of the Ministry of Land and Resources, the Office of the Central Rural Work Leading Group, the Ministry of Finance, and the Ministry of Agriculture on the confirmation, registration and issuance of rural collective land rights

Provinces, autonomous regions, municipalities and sub-provinces Municipal land and resources authorities, agricultural offices (Ministry of Agriculture and Industry, Committee of Agriculture, Committee of Agriculture and Industry, Agriculture and Animal Husbandry Office), finance departments (bureaus), agriculture (agriculture and animal husbandry, rural economy) departments (bureaus, committees, offices), Xinjiang Production Construction Corps Bureau of Land and Resources, Finance Bureau, Agriculture Bureau, People's Liberation Army Land Management Bureau:

1. Clarify the scope of rural collective land rights confirmation, registration and issuance of certificates

Rural collective land rights confirmation and registration The issuance of certificates is the confirmation, registration and certification of land rights such as rural collective land ownership and collective land use rights. Rural collective land use rights include homestead use rights, collective construction land use rights, etc. The confirmation, registration and certification of rural collective land ownership must cover all collective land in rural areas, including construction land, agricultural land and unused land collectively owned by farmers, and must not be omitted.

2. Carry out the confirmation, registration and certification of rural collective land rights in accordance with laws and regulations

In accordance with the "Property Rights Law of the People's Republic of China" and the "Land Rights Law of the People's Republic of China" "Management Law", "Land Registration Measures", "Measures for the Investigation and Resolution of Land Ownership Disputes", "Several Provisions for Determining Land Ownership and Use Rights" and other relevant legal and policy documents as well as local laws and regulations, in line with respecting history, Based on the principles of paying attention to reality, conducive to production and life, and promoting social harmony and stability, based on the results of the national land survey and the results of the annual land use change survey, the rights confirmation, registration and certification work is carried out in an orderly manner in accordance with the law.

The documents and materials based on the confirmation and registration of rural collective land rights include: approval documents and processing decisions of the people's government or relevant administrative departments; mediation letters from the land and resources administrative departments of the people's governments at or above the county level; the people's court taking effect Judgments, rulings or mediation documents; agreements reached between the parties in accordance with the law; cadastral survey results such as cadastral survey forms, land ownership boundary agreements and other cadastral survey results formed by performing boundary demarcation procedures; other documents stipulated by laws, regulations, etc.

3. Accelerate rural cadastral survey work

All localities should adhere to the principle of “legal ownership, clear boundaries and accurate area” and based on the "Classification of Current Land Use" (GB/T 21010-2007), "Technical Regulations on Collective Land Ownership Survey", "Urban Cadastral Survey Regulations" and other relevant technical regulations and standards, make full use of existing results such as the national land survey, and use the results of large-scale cadastral surveys as the basis to find out every situation in rural areas. The ownership, boundary, area and use (land type) of a parcel of land are based on a unified parcel coding model to form complete cadastral survey results, providing a basis for the confirmation, registration and issuance of rural collective land rights. At the same time, attention should be paid to the cadastral change investigation and change registration to maintain the current status of cadastral results.

In areas where conditions are met, the cadastral survey of rural collective land ownership parcels should use the analytical method to measure the coordinates of boundary points and calculate the parcel area; in areas where conditions are not met, the results of the national land survey can be used as the basis. Verify and determine the ownership boundary, describe the direction of the boundary site in detail, and calculate the parcel area using measurements on maps or database calculations. The scale of rural collective land ownership parcel maps and cadastral maps shall not be less than 1:10,000. In special areas such as pastoral areas, the scale of cadastral maps can be relaxed to 1:50,000 after approval by the provincial land and resources authorities.

For the cadastral survey of parcels with homestead use rights and collective construction land use rights, the analytical method should be used to measure the coordinates of boundary points and calculate the parcel area. The scale of parcel maps and cadastral maps should not be less than 1:2000. For residential land and collective construction land that have been certified using the survey method or other methods, when the registration is changed, the analytical method should be used to re-measure and calculate the land area.

4. Confirm the ownership of rural collective land to each farmer collective with ownership

The determination of the subject of rural collective land ownership follows the principles of "subject equality" and "villager autonomy", in accordance with There are three types of ownership entities: townships (towns), villages and villager group farmer collectives. The ownership of rural collective land is confirmed to each farmer collective with ownership. Wherever the land ownership boundary of the villagers' group (original production team) exists, the land should be confirmed to be owned by the villagers' collective and the certificate should be issued to the villagers' collective. If the land ownership boundary of the villagers' group (the original production team) does not exist, and the If the vast majority of villagers agree, the current status of this part of land should be recognized based on the principle of respecting history and acknowledging reality, and it should be clearly owned by village farmers collectively; if it belongs to township (town) farmers collectively, the land ownership should be confirmed to the township (town) in accordance with the law. town) farmer collective.

Land collectively owned by villagers’ groups shall be registered by their collective economic organizations or villagers’ groups in accordance with the law and hold land rights certificates. If the organizational structure of the villagers group is not sound, the villagers committee can apply for registration and keep the land rights certificate on its behalf.

In the case of "village merging" in accordance with the law, if the land ownership subject remains unchanged after the "village merging", the ownership will still be confirmed to the original farmer collective; after the "village merging" the land ownership If the subject changes and is recognized by the vast majority of villagers, after completing the legal procedures for changing collective land ownership, the collective land ownership shall be determined according to the changed subject, and the land area of ??each original farmer collective shall be noted in the land registration book and land certificate. .

If it involves carrying out pilot projects linking the increase and decrease of urban and rural construction land and rural land consolidation in accordance with the law, in principle, the original land ownership should be maintained unchanged; if the land is adjusted in accordance with the law, the ownership of collective land rights shall be determined in accordance with the adjustment agreement, and Complete land change registration procedures in a timely manner in accordance with the law.

For the original collective land that has not been expropriated after "removal of villages and construction of new residences", only investigation and statistics will be conducted, but no registration and certification will be issued. When conducting surveys and statistics, the name of the original farmers' collective shall be stated after the name of the new unit.

In the "right holder" column of the land registration book and the "land owner" column of the land certificate, the collective land ownership subject is filled in as "хх group (village, township) farmer collective".

5. Clarify the subject representatives of rural collective land ownership in accordance with the law

If it is collectively owned by village farmers, the village collective economic organization or village committee shall exercise ownership rights upon entrustment by members of the farmer collective; respectively If it is collectively owned by two or more farmers in the village, the ownership shall be collectively exercised by representatives of each collective economic organization or villager group in the village; if it is collectively owned by farmers in the township, the ownership shall be exercised by the collective economic organization of the township or town on behalf of the collective; there is no collective economic collective of township (town) farmers Organization, township (town) collective land ownership is managed by the township (town) government. When handling the land rights confirmation and registration procedures, the representative of the farmers' collective ownership entity shall apply.

The specific requirements and forms of collective economic organizations can be determined by each province (autonomous region, municipality) according to relevant local regulations and actual conditions.

6. Strictly standardize and confirm the subject of homestead use rights

The right to use homesteads should be confirmed to members of the farmer collective in accordance with the area standards stipulated by the local provincial people's government. Farmers who are not part of the farmers' collective and who are relocated due to geological disaster prevention, new rural construction, resettlement, etc., and who build houses in other places with the consent of the majority of the members of the farmers' collective and the approval of the competent authority, on the premise of complying with local planning, may The rights can be confirmed, registered and issued according to regulations. Members of the farmer collective who already own a homestead, or rural or urban residents who are not members of the farmer collective, who occupy the rural homestead due to inheriting a house, can register and issue a certificate in accordance with regulations, and should note in the note column of the "Collective Land Use Certificate" It is recorded that "the obligee is the legal heir to the residence of the original member of the farmers' collective". For non-agricultural registered residents (including overseas Chinese) who originally acquired homesteads and houses legally in rural areas, if the property rights of the houses have not changed, and if the farmer collective issues a certificate and announces that there is no objection, the land registration can be handled in accordance with the law, and the "Collective Land Use Certificate" It should be noted in the memo column that "the right holder is not a member of the farmers' collective".

For homesteads without proof of ownership, the historical use and current status of the land should be ascertained, and the village committee should issue a certificate and announce that there is no objection for 30 days. After review by the township (town) people's government, the report will be submitted. If the county-level people's government determines that the use is legal, the right to use the homestead will be determined.

7. Confirmation, registration and issuance of rights to homestead sites with excessive area according to different historical stages

Before the implementation of the "Regulations on the Management of Land for Housing Construction in Villages and Towns" in 1982, rural villagers built houses If the occupied homestead land has not been expanded in area since the implementation of the "Regulations on the Management of Land for House Construction in Villages and Towns", the land area can be confirmed and registered based on the existing actual use area; from the implementation of the "Regulations on the Management of Land for House Construction in Villages and Towns" in 1982 to 1987 As of the implementation of the "Land Management Law", if the homestead land occupied by rural villagers for building houses exceeds the area standard prescribed by the local area, the excess part can be dealt with in accordance with the relevant national and local regulations at that time, and the rights can be confirmed and registered based on the actual use area; 1987 After the implementation of the Land Management Law, if the land occupied by rural villagers for building houses exceeds the area standard prescribed by the local area, the rights will be confirmed and registered based on the actual approved area. If the area exceeds the standards stipulated by various localities, the area exceeding the standards can be noted in the land registration book and the note column of the land rights certificate. The area will be used for future house building or when the existing house is demolished, remodeled, renovated, or the government implements the plan for re-construction in accordance with the law. , handle it in accordance with relevant regulations, and re-register the rights according to the area standards stipulated by various localities.

8. Earnestly complete the work of confirming, registering and issuing certificates for collective construction land

Village committee offices, land for medical, education and health and other public welfare undertakings and public facilities, and township and village enterprises Land and other collective land approved for non-residential construction in accordance with the law shall be subject to registration and certification in accordance with the law to confirm the right to use the land for collective construction. Confirm collective land use rights to each rights holder in accordance with the law. Any unit or individual that uses collective construction land in accordance with the law should apply for registration of rights confirmation.

For collective construction land without proof of ownership, the historical use and current status of the land should be ascertained. If it is determined to be legally used, the village committee will issue a certificate and announce it for 30 days. If there is no objection, the land will be approved by the township ( Town) people's government for review, report to the county-level people's government for approval, confirm rights, register and issue certificates.

9. Properly handle the issues of illegal residential land and collective construction land in rural areas

Illegal residential land and collective construction land must be dealt with in accordance with laws and regulations before registration.

For illegal homesteads and collective construction land, the historical use and current status of the land should be ascertained. For those that comply with the overall land use plan, village and town planning, and relevant land use policies, land use approval procedures should be completed in accordance with the law, and then registration and certification should be issued.

10. Strictly standardize the confirmation, registration and issuance of rural collective land rights

In conjunction with the national land registration standardization inspection work, comprehensively strengthen the standardization of land registration. It is strictly prohibited to engage in false land registration and to register and issue certificates for illegally used land without handling it in accordance with the law. For example, through the reform of the household registration management system or through "village-to-residence conversion" without authorization, farmers' collective-owned land is converted into state-owned land without legal expropriation procedures, rural collective economic organizations illegally transfer or lease collective land for non-agricultural construction, and urban residents Illegal land use such as homestead sites, farmers' residences or "small property rights houses" in rural areas shall not be registered and issued certificates. Those who fail to confirm, register and issue land rights in accordance with laws and regulations or whose registration is irregular and cause serious consequences will be seriously held accountable.

11. Strengthen the mediation of land ownership disputes

All localities must take effective measures to establish and improve land ownership disputes from the aspects of institutional construction, team building, funding guarantee, standardized procedures, etc. It is a dispute mediation mechanism to properly handle disputes over rural collective land ownership.

12. Standardize and improve existing land registration information

Strictly comply with relevant laws, regulations and policies, comprehensively verify, organize and improve existing land registration information. All parcels that have been registered and issued certificates are missing information or are irregular, and they should be corrected and improved as soon as possible; if registration errors are found, they should be corrected in a timely manner. All localities should do a good job in collecting and organizing rural collective land registration information to ensure that the registration information is comprehensive, complete and standardized. All localities should further establish and improve relevant systems and standards, and uniformly standardize the management of land registration information.

13. Promote the informatization of rural collective land registration

Refer to the "Urban Cadastral Database Standards" (TD/T 1015-2007) and other technical standards to actively promote rural collective land registration Database construction to further improve the cadastral information system. On this basis, we will steadily advance the construction of a national land registration information dynamic supervision and inquiry system, improve land supervision capabilities and social service levels, provide support for participation in macro-control, and effectively play the positive role of land registration results data in serving economic and social development.

Each province (autonomous region, municipality) can refine and formulate specific work procedures and policies for the confirmation and registration of rural collective land rights based on local actual conditions.