Compensation for rural immigrants

The reporter learned from the website of Sanya Municipal People's Government that a few days ago, the Measures for the Administration of Rural Homestead in Sanya City was reviewed and approved by the 96th Standing Committee Meeting of the Seventh Municipal Party Committee and the 36th Executive Meeting of the Seventh Municipal Government, and was issued and implemented.

According to the Measures for the Management of Rural Homestead in Sanya City, a rural villager can only own one homestead, and the land area of each household does not exceed 1.75 square meters, and the construction area does not exceed 367 square meters. Rural villagers applying for building houses on the homestead shall comply with the relevant provisions of the Measures for the Administration of Village Construction in Sanya. The details are as follows

Measures for the Administration of Rural Homestead in Sanya?

Chapter 1 General Provisions?

Article 1 In order to standardize and strengthen the management of rural residential sites, rationally utilize land and effectively protect cultivated land, these Measures are formulated in accordance with the provisions of the Land Administration Law of the People's Republic of China, the Regulations on Land Administration of Hainan Special Economic Zone, the Provisional Regulations on Real Estate Registration and other laws and regulations, and combined with the actual situation of this Municipality. ?

Article 2 The term "rural homestead" as mentioned in these Measures refers to the collectively owned land approved by rural villagers to build houses, but does not include the land occupied by courtyard land and production houses. ?

Article 3 These Measures shall apply to the management of rural homestead within the administrative area of this Municipality. ?

Fourth municipal land administrative departments shall be responsible for the supervision and guidance of rural homestead management within the administrative area of this Municipality. The district people's governments shall be responsible for the specific management and supervision of rural residential sites within their respective administrative areas. ?

Article 5 The planning of rural villages shall follow the principles of favorable production, convenient living, rational layout and land saving, be scientifically compiled on the basis of the overall urban planning and the overall land use planning, and clearly define the scope of rural homestead and other types of land use. ?

Rural village planning shall be organized by the municipal planning administrative department in conjunction with the district people's government and implemented after approval by the municipal people's government. Rural village planning should delineate village boundaries and village residential areas, and villagers' homesteads should be arranged in the village. ?

Encourage natural villages to gather in the central village; Encourage unified construction, joint construction and apartment building. ?

Sixth rural villagers to build houses should be combined with the transformation of old villages and land consolidation, and try to make use of the original homestead in the village. Strictly control the occupation of agricultural land, not cultivated land, and prohibit the occupation of land in basic farmland protection areas. ?

Rural villagers' private plots and contracted land can only be used for agricultural planting, and it is forbidden to change their uses for building houses, borrowing soil and other acts that damage planting conditions without authorization. ?

Seventh rural villagers to build houses, should obtain the right to use the homestead according to law. Rural homestead belongs to collective ownership, and rural villagers only have the right to use it. ?

Article 8 Disputes over the right to use the homestead shall be settled by the parties through consultation. If negotiation fails, the collective meeting of the village (neighborhood) committee shall discuss and deal with it. If a party refuses to accept the decision, it shall be decided by the District People's Government. If a party refuses to accept the ruling, it may apply to the Municipal People's Government for reconsideration within 60 days from the date when the ruling decision is served. ?

Before the dispute over the right to use the homestead is resolved, no party may change the status quo of land use. ?

Chapter II Standards for Rural Homestead?

Ninth rural villagers can only own a homestead, the land area of each household does not exceed 1.75 square meters, and the construction area does not exceed 367 square meters. Rural villagers applying for building houses on the homestead shall comply with the relevant provisions of the Measures for the Administration of Village Construction in Sanya. ?

Tenth "household registration" in principle is determined by the household registration of the public security department. Have permanent residence in the village, obtain the membership of collective economic organizations, enjoy the distribution of collective assets, and fulfill the obligations of collective members. Generally, it is composed of family members such as the head of household, spouse, son (female) and father (mother). ?

(a) rural villagers in addition to leaving a child, other adult children are married, to determine the family; ?

(two) over 30 years old (including 30 years old), unmarried and living alone, can be identified as a household; ?

(three) the husband and wife registered in a separate household registration book, only one party can be selected as the head of the household. ?

Eleventh define "members of rural collective economic organizations" should follow the principles. ?

(1) Persons who meet the following conditions are defined as members of rural collective economic organizations. ?

1. Rural residents whose household registration is in the original collective economic organization of the local village (neighborhood) committee or group, and who have been working and living in the village or group for a long time; ?

2. Members who have rights and obligations with collective economic organizations due to legal relations such as marriage, consanguinity and adoption. ?

(2) Definition of membership of rural collective economic organizations with special personnel. ?

1. Workers and retirees of party and government organs, institutions and state-owned enterprises that were originally rural collective economic organizations should not be recognized as members of rural collective economic organizations; ?

2 empty hanging households and joint households transferred from other places should not be recognized as members of rural collective economic organizations; ?

3. Divorced women and remarried divorced women should be recognized as members of rural collective economic organizations on the condition of household registration; ?

4. The membership of rural collective economic organizations needs to be re-recognized by the villagers' committee because they have gone out to study, perform military service or serve their sentences, and their household registration has not moved out and they have returned to the village where their household registration is located. ?

(3) The membership of special personnel other than the above-mentioned personnel in rural collective economic organizations shall be determined by the District People's Government. ?

Twelfth rural collective economic organizations in the delineation of homestead, according to the village planning, delimit courtyard economic land for rural villagers, courtyard economic land area shall generally not exceed the approved homestead area. ?

Courtyard economic land can only be used for planting garden economic crops, and shall not be used for building permanent buildings and structures such as houses. ?

Thirteenth land that has not been returned to the collective, such as less batch and more occupation, preemption without approval, new batch and old batch, etc., should be returned to the collective free of charge. Self-withdrawal, should be based on the above-ground buildings and other conditions by the village (neighborhood) committees to give appropriate compensation, compensation standards discussed by the collective economic organizations (villagers' groups), reported to the village (neighborhood) committees to determine. ?

Rural villagers have two or more homesteads because there is no pre-occupation, and the new ones have not been retired. Failing to return the surplus homestead as required, the village (neighborhood) people's group may apply to the village (neighborhood) people's committee for recovering the right to use the homestead, and after the approval of the district people's government, the village (neighborhood) people's committee shall recover the unified arrangement for use. ?

Idle homesteads that do not have living conditions or are uninhabited, homesteads occupied by members of collective economic organizations, and homesteads voluntarily abandoned are collectively owned and uniformly arranged by the village (neighborhood) committee. The returned homestead, the land is recovered free of charge, and the buildings on the ground such as houses are compensated by the village (neighborhood) committee. The compensation standard is determined with reference to the evaluation standard of the same area in the same period within the municipal area (the illegally occupied houses will not be compensated). If it is not returned, it shall be paid according to the collective land cost. ?

Fourteenth rural villagers to rebuild houses, should sign a contract with the rural collective economic organizations to restore the homestead, clear the way of disposal of buildings on the original homestead. ?

Chapter III Application and Approval of Rural Homestead?

Fifteenth in any of the following circumstances, you can apply for homestead:

(a) national construction, resettlement, disaster and other needs to be relocated; ?

(two) the implementation of town planning or the transformation of old villages and towns, must adjust the relocation; ?

(three) in addition to the rural villagers left a child, other adult children really need to set up another portal because of marriage and other reasons, and the homestead is lower than the household standard; ?

(four) retired veterans and overseas Chinese, Hong Kong, Macao and Taiwan compatriots who have settled in their hometowns have no need to build houses and no homestead in their places of origin; ?

(five) other circumstances stipulated by the Municipal People's government can apply for homestead. ?

Sixteenth in any of the following circumstances, the homestead shall not be approved:

/kloc-minors under 0/8 years old; ?

(two) to sell, lease or give the original house to others, and then apply for homestead; ?

(three) the original residential converted into commercial housing and other purposes, and then apply for homestead; ?

(four) the original homestead has reached the prescribed standards or can solve the needs of households; ?

(five) the old house is not demolished, and the homestead is not returned; ?

(six) the other does not meet the conditions for applying for homestead. ?

Seventeenth rural homestead in accordance with the principle of strict management, improve efficiency, convenience and benefit. ?

Eighteenth rural villagers need to use the homestead to build houses, should be approved in accordance with the following procedures:

(1) Rural villagers submit a written application to rural collective economic organizations with their household registration books and identity cards; ?

(two) the village (neighborhood) people's group shall review the authenticity and conformity of the applicant's application materials, hold a villagers' meeting, and report it to the village (neighborhood) people's Committee for review after more than two thirds of the villagers agree. The village (neighborhood) committee shall hold two meetings according to the village planning and the residential land use plan of the year, determine the list, area and location of building households, and make an announcement for ten days; ?

(3) If there is no objection to the announcement, the village (neighborhood) committee will issue the certificate of the source of homestead land to the applicant on a household basis and report it to the District People's Government for approval. ?

Nineteenth it is strictly forbidden for urban residents to buy homestead in rural areas, and it is strictly forbidden to register and issue certificates for houses purchased and illegally built by urban residents in rural areas. ?

Twentieth in any of the following circumstances, the district land management department shall review and report to the district people's government for approval, cancel the relevant approval documents and land use right certificates, and the village (neighborhood) people's committee shall recover the right to use the homestead:

(a) not according to the approved use of land; ?

(2) Land for the construction of public facilities and public welfare undertakings in villages and towns; ?

(three) rural villagers outside a homestead; ?

(four) the construction has not started for 2 years since the date of approval; ?

(five) the illegal transfer of homestead or house. ?

In accordance with the provisions of the preceding paragraph (two) to recover the right to use the homestead, the right holder shall give appropriate compensation. ?

Twenty-first members of the former rural collective economic organizations, who still have housing outside the village, can keep a homestead that meets the area standard on the premise of meeting the planning. ?

Chapter IV Management of Building Houses in Rural Homestead?

Twenty-second rural villagers building houses on the homestead shall conform to the planning of rural villages and be approved by the administrative department designated by the district people's government before construction can start. ?

Twenty-third rural villagers should build houses in accordance with the approved planning and design, construction requirements and building quality standards. Rural villagers should maintain local characteristics and national style, reflecting the characteristics of the times. ?

Twenty-fourth rural villagers involved in the construction of residential construction costs, in accordance with the principle of benefiting the people, the District People's Government in accordance with the provisions can be reduced, can not be reduced according to the amount of charge. ?

Chapter v registration of rural homestead and above-ground houses?

Twenty-fifth rural homestead real estate registration in accordance with the following provisions. ?

(1) Confirmation of the ownership of rural homestead real estate. ?

The applicant for registration of homestead real estate applies to the district land administrative department, and the district land administrative department organizes a survey on the ownership of homestead real estate, signs the boundary of adjacent land, fills in the rural homestead cadastral questionnaire, and establishes an application file for registration of rural homestead real estate. ?

The application documents for the registration of rural homestead real estate shall include the following materials:

1. rural homestead ownership registration application form; ?

2 rural homestead ownership certificate; ?

3 household registration book (head of household and other family members) and resident identity card (head of household); ?

4. Parcel planning opinions; ?

5. Rural homestead cadastral questionnaire; ?

6 land map and land boundary point coordinate book, homestead boundary point coordinate book; ?

7. Sketch of the package. ?

(2) Real estate registration of rural homestead. ?

1. The land service window of the district administrative service center will review the application materials, and those that meet the requirements will be accepted; ?

2 district land administrative departments audit, complete materials meet the registration requirements, should make an audit opinion within 5 working days. The audit results should be publicized for 7 days; ?

3. If there is no objection at the expiration of the publicity period, the district land administrative department shall submit it to the Municipal Real Estate Registration Center for approval, registration and certification through the Sanya Real Estate Registration System. ?

Twenty-sixth to apply for the initial registration of real estate ownership of rural homestead houses, the following materials shall be submitted:

(1) Application for registration; ?

(two) the identity certificate of the applicant and the certificate that the applicant belongs to the rural collective economic organization where the house is located; ?

(three) the homestead real estate license or the collective construction land use right certificate; ?

(four) the approval documents for the application for housing construction registration; ?

(five) the application for registration of housing in line with urban and rural planning documents; ?

(six) the applicant's commitment document on the registration of housing in line with building safety; ?

(seven) housing surveying and mapping report; ?

(8) Other necessary materials. ?

Twenty-seventh rural homestead housing real estate ownership initial registration, in accordance with the following procedures:

(a) the applicant shall apply to the land service window of the District Administrative Service Center, and the materials shall be accepted after meeting the requirements; ?

(two) the district land administrative departments for examination and approval, the materials are complete and meet the requirements, should make an audit opinion within 5 working days. The audit results should be publicized for 7 days (publicized on the real estate registration portal); ?

(3) If there is no objection at the expiration of the publicity period, the district land administrative department shall submit it to the Municipal Real Estate Registration Center for approval, registration and certification through the Sanya Real Estate Registration System. ?

Article 28 For the homestead where houses have been built on the ground and the registration of real estate ownership has not been completed, the procedures for examination and approval and building planning are complete, and the ownership is uncontroversial after cadastral investigation, the real estate registration agency may issue a unified real estate ownership certificate when registering the ownership of the house according to the principle of consistency of real estate. ?

Members of non-rural collective economic organizations who have obtained the ownership of land and houses before1988 February 13 shall be issued by the village collective economic organizations with proof materials such as clear allocation time and housing construction time, and submitted to the district people's government for review. ?

Chapter VI Arrangement of Rural Homestead?

Article 29 The District People's Government shall, according to the urban planning and land use planning, and in combination with the implementation of the development strategy of "Hundred Towns and Thousand Villages" and "* * * Enjoy Agriculture", scientifically formulate and implement the plan of merging villages, actively promote the consolidation of rural residential land, improve the level of urbanization and intensive utilization of rural land, and strive to save the use of residential land. ?

Rural homestead consolidation should be carried out in a planned, step-by-step and active and steady manner in accordance with the principle of "planning first, policy guidance, villagers' voluntary and diversified investment". ?

Article 30 The Municipal People's Government encourages rural collective economic organizations to concentrate on building new villages and transforming old villages and organizing village homesteads in accordance with the overall land use planning and town planning. ?

Thirty-first rural collective economic organizations organize homestead in accordance with the following procedures:

(a) the rural collective economic organizations shall, jointly with the district people's government, prepare a plan for the consolidation of residential land, which shall include the following contents:

1, the location and area of the land to be reorganized; ?

2, finishing the homestead to be relocated, the number of villagers, homestead and housing area; ?

3. Resettlement compensation measures and resettlement planning schemes for villagers who need to be relocated; ?

4. After disposing of the remaining homestead. ?

(two) the rural collective economic organizations and the District People's government will report the consolidation plan to the municipal land administrative department and the planning administrative department for examination and approval, and then report it to the Municipal People's government for approval. ?

(three) the rural collective economic organizations and the District People's Government shall implement the homestead consolidation in accordance with the consolidation plan approved by the Municipal People's Government. ?

Thirty-second rural collective land that has been planned as urban construction land in the overall urban planning shall be expropriated by the Municipal People's Government according to the needs of urban construction and incorporated into the government land reserve, which does not belong to the scope of rural homestead consolidation. ?

Chapter VII Legal Liability?

Article 33 Where land is illegally occupied for building houses without approval or by deception, or more than the approved area occupies land for building houses, according to the provisions of Article 76 of the Land Management Law of People's Republic of China (PRC), the municipal land administrative department shall order the return of the illegally occupied land and dismantle the newly-built houses and other facilities on the illegally occupied land within a time limit. ?

Article 34 In case of illegal transfer of homestead or residential construction land, according to Article 81 of the Land Administration Law of the People's Republic of China and Article 39 of the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, the municipal land administrative department shall order it to make corrections within a time limit, confiscate the illegal income and may impose a fine of more than 5% and less than 20% of the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law. ?

Article 35 Where a unit or individual that has no right to approve the homestead illegally approves the occupation of land, illegally approves the occupation of land beyond the approval authority, fails to approve the occupation of land according to the purposes determined in the overall land use planning, or approves the occupation of land in violation of the procedures prescribed in these Measures, its approval document is invalid, and the directly responsible person in charge and other directly responsible personnel who illegally approve the occupation of land shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. ?

Thirty-sixth refuse or hinder the municipal and District People's governments and their departments to perform official duties according to law, in accordance with the relevant provisions of the "People's Republic of China (PRC) Public Security Management Punishment Law"; If a crime is constituted, criminal responsibility shall be investigated according to law. ?

Chapter VIII Supplementary Provisions?

Thirty-seventh Yucai Ecological Zone Management Committee and the municipal land and planning administrative department in Yucai Ecological Zone shall be implemented in accordance with the responsibilities of the Central People's Government and the district land and planning administrative department in these Measures. ?

Thirty-eighth the specific application of these measures shall be interpreted by the municipal land administrative department. ?

Article 39 These Measures shall be implemented as of the date of issuance, and the Measures for the Administration of Rural Homestead in Sanya issued by Sanfu [2006]1KLOC-0/4 shall be abolished at the same time. Where the provisions on rural homestead management formulated by this Municipality are inconsistent with these measures, these measures shall prevail. ?