New standards for village planning in Henan

Henan Province Village Planning Preparation and Implementation Regulations (Henan Provincial People’s Government Order No. 212 announced on August 4, 2022, effective from October 1, 2022) Chapter 1 General Provisions Article 1 is the norm These regulations are formulated in accordance with relevant laws and regulations and in conjunction with the actual situation of the province to build villages, improve the livability and industry level of rural areas, thoroughly implement the rural revitalization strategy, and promote high-quality development. Article 2 The preparation and implementation of village planning within the administrative region of this province shall comply with these regulations. Villages within the urban development boundary shall be planned and constructed in accordance with the detailed planning of the city or town. Article 3 The people's governments at the municipal and county levels shall strengthen the organization and leadership of the preparation and implementation of village planning within their respective administrative regions, and establish a system led by the natural resources department and coordinated by the departments of finance, housing and urban-rural development, ecological environment, agriculture and rural areas, and rural revitalization. Participation, working mechanism supported by professional and technical strength. The natural resources departments of the people's governments at or above the county level are responsible for the guidance, supervision and inspection of village planning work within their respective administrative regions, and other relevant departments shall carry out village planning work in accordance with the law within the scope of their respective responsibilities. Township people's governments are responsible for the preparation and implementation of village planning within their respective administrative regions. Article 4 People's governments at the county level and townships shall include village planning preparation funds into the fiscal budget of the same level. If the fiscal budget at the same level cannot guarantee it, the people's government at the next higher level shall be responsible for implementation. Municipal and county-level people's governments should take measures such as rewards, subsidies, overall arrangements for funds, and the introduction of social capital to strengthen the guarantee of village planning preparation and management funds. Chapter 2 Planning Preparation Article 5 The preparation of village planning should adhere to the principles of giving priority to protection, being frugal and intensive, adapting measures to local conditions, integrating multiple plans into one, and being concise and practical. It should determine characteristics based on reality, determine industries based on characteristics, determine paths based on industries, and determine planning based on paths. , comply with the laws of rural development, respect the wishes of villagers, retain local characteristics, reshape the rural style, inherit culture, and retain nostalgia. Encourage measures to clearly promote the transformation of resources into assets, capital into shares, farmers into shareholders, and return to hometowns to start businesses in the village planning industrial layout, so as to stimulate the vitality of rural development and increase farmers' income. Article 6 The people's government at the county level shall combine the overall land and space planning, comprehensively consider the location conditions, development status, resource endowments, customs and habits of the villages, and organize the preparation of county village classification and layout plans after fully soliciting the opinions of the township people's governments and relevant departments. Guide township people's governments in formulating village plans. Article 7 According to the county village classification and layout plan, villages in the agglomeration promotion category, characteristic protection category, and improvement improvement category shall advance the village planning preparation work in an orderly manner according to development needs; suburban integration villages can be included in the overall planning and preparation of urban detailed planning; relocation and mergers In principle, separate village planning is not prepared for such villages. If a village plan has been prepared, it may not be prepared separately; if it needs to be supplemented and improved, it shall be submitted for approval in accordance with the law after being supplemented and improved. Article 8 When formulating village plans, the township people's governments shall comply with the living and development needs of the villagers, give full play to the main role of the villagers, make overall plans for the development of the village, take advantage of the situation and act within their capabilities, optimize the spatial layout of the village territory, insist on equal emphasis on protection and construction, and avoid Blind demolition and construction, maintaining the functions and characteristics of the village, and building a beautiful village that is livable and suitable for business. Article 9 The township people's government may organize professional and technical personnel on its own or entrust a professional team to prepare village plans in accordance with the law. Township people's governments should establish and improve rural planning committees, establish and improve the operation and management mechanism of rural planning committees, and clarify work responsibilities and rules of procedure. The rural planning committee is composed of the person in charge of the township people's government, personnel from relevant functional departments, planners, entrepreneurs who have returned to their hometowns to start businesses, village committee cadres, villager representatives, etc., and is responsible for the review and evaluation of village plans within their respective administrative regions. Article 10 The content and depth of village planning shall comply with the requirements of the "Henan Province Village Planning Guidelines", mainly including village development goals, village layout, ecological protection and restoration, protection of cultivated land and permanent basic farmland, industrial layout, layout of village residential areas, Infrastructure and basic public service facilities, protection of historical culture and characteristic features, recent project arrangements, etc. Article 11 When formulating a village plan, villagers should be invited to participate and their opinions should be fully listened to. The first draft of the village plan shall solicit opinions from villagers or villagers' representatives through village publicity, mail, telephone, fax, data transmission, etc. After the draft village plan is compiled, the township people's government shall announce it at public places in the village for no less than 30 days, and solicit and listen to villagers' opinions through various forms such as symposiums and questionnaire surveys. Article 12 The villagers committee shall review the draft village plan after the announcement and formulate review opinions. The villagers' meeting or villagers' representative meeting will discuss the draft village plan and the villagers committee's deliberation opinions, and form a resolution with the consent of more than half of the villagers or villagers' representatives present. Article 13 The draft village plan that is reviewed and approved by the villagers' meeting or villagers' representative meeting shall be submitted by the township people's government to the county-level or municipal-level people's government for review and approval in accordance with procedures. The materials submitted for review and approval should be accompanied by the status of the adoption of opinions, the deliberation opinions of the village committee, and the resolutions of the villagers' meeting or villagers' representative meeting. Article 14 The village plan approved in accordance with the law shall be publicized in the village in the form of a general village plan, a list of recent construction projects, and a description of construction key points, and shall be available for villagers to consult for free. Article 15 The village plan approved in accordance with the law may not be modified at will. If it is really necessary to modify according to the needs of economic and social development, it shall be submitted for approval according to the original approval procedures.

Chapter 3 Planning and Implementation Article 16 People's governments at all levels shall increase the construction of infrastructure and public service facilities such as village transportation, water supply, greening, public lighting, medical care, garbage disposal, toilets and sewage treatment. investment to continuously improve the rural living environment. Encourage social funds to invest in the construction, operation, maintenance and public welfare of village infrastructure, public service facilities, improve the living environment, improve rural public service levels, and promote rural economic development. Article 17 People's governments at the county level shall, in accordance with the development pattern of one county, one industry, and one village, one product, and adapt to local conditions, guide rural collectives to promote the integrated development of primary, secondary, and tertiary industries around the industrial chain, supply chain, and value chain, and promote industrial revitalization. Township people's governments should support rural collectives based on local resources and ecological advantages, utilizing rural characteristics, excellent traditional culture, etc., introducing rural operating entities, and developing specialty planting, ecological agriculture, rural tourism, cultural experience, expansion training, health care and other business formats. Article 18 Township enterprises, village public service facilities, public welfare undertakings, villagers' self-built houses, etc. that use collective construction land shall comply with village planning and obtain a rural construction planning license in accordance with relevant national and provincial regulations. If various construction activities involve new construction land, land use approval procedures must be completed in accordance with laws and regulations. Article 19 The housing and urban-rural development department of the people's government at the county level shall organize the preparation of design drawings for villagers' self-built houses based on factors such as local villagers' housing needs, climate conditions, terrain characteristics, traditional culture and traditional residential styles, and make them available to villagers free of charge. Article 20 The township people's government shall, in accordance with the overall style and style of the village determined in the village plan, select appropriate design drawings for villagers' self-built housing, and guide villagers to build houses in accordance with the design drawings. Villagers can design and build their own houses according to village planning. Article 21 People's governments at all levels shall strengthen the protection of famous historical and cultural villages, traditional villages and various historical and cultural resources. In historical and cultural villages, traditional village protection scope and village historical and cultural protection lines, activities that affect the traditional pattern, historical style and spatial scale are prohibited. Chapter 4 Supervision and Management Article 22 The people's governments at or above the county level and their natural resource departments shall strengthen supervision and inspection of the preparation and implementation of village planning, and adopt methods such as verification materials, on-site inspections, setting up reporting hotlines, and accepting complaints and reports in a timely manner. Discover and correct illegal and inappropriate behavior in accordance with the law. Supervision and inspection status and handling results shall be disclosed in accordance with the law for public inspection and supervision. Article 23 The township people's government shall strengthen the daily supervision and inspection of the implementation of village planning, and use grid and intelligent monitoring methods to promptly discover and stop violations of village planning in accordance with the law. Encourage township people's governments to strengthen publicity and education on the implementation of village planning through the distribution of publicity materials, on-site lectures, broadcasting, the Internet and other channels, and guide villagers to participate in the implementation of the plan. Article 24 The village committee shall assist the township people's government in the relevant work of village planning, discourage violations of village planning and promptly report to the township people's government or the natural resources department of the county-level people's government. Chapter 5 Legal Liability Article 25 If there are legal liability provisions in laws and regulations for violations of these provisions, those provisions shall prevail. Article 26 If the people's governments at all levels and relevant departments commit any of the following acts, their superior administrative agencies or supervisory agencies shall order them to make corrections within a time limit, notify them of criticism, and impose sanctions on the directly responsible persons in charge and other directly responsible persons in accordance with the law; constitute Anyone who commits a crime shall be held criminally responsible in accordance with the law: (1) Failure to prepare, publish, and implement village planning in accordance with the law; (2) Failure to perform village planning preparation and supervision and management responsibilities in accordance with the law; (3) Failure to investigate in accordance with the law upon receipt of a report of illegal behavior (4) There are other behaviors such as neglect of duty, abuse of power, malpractice for personal gain, etc. during the preparation and implementation of village planning. Chapter 6 Supplementary Provisions Article 27 These regulations will come into effect on October 1, 2022.