Detailed Rules for the Implementation of Hunan Land Management Law in 2020 (full text)

Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China (hereinafter referred to as the Land Administration Law) and the Implementation Regulations of the Land Administration Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations), combined with the actual situation of our province.

Article 2 The management of all land in this province shall abide by the Land Management Law, the Implementation Regulations and these Measures.

Article 3 The land administration departments of the people's governments at or above the county level (including the agencies of the provincial people's governments, the same below) shall be in charge of the unified land administration within their respective administrative areas.

The people's governments at the township level shall be responsible for the land management within their respective administrative areas.

The land of state-owned agriculture, forestry, animal husbandry, fishing grounds and other agricultural enterprises and institutions shall be uniformly managed by the land administration department of the local county (city) people's government; The land of state-owned agriculture, forestry, animal husbandry and fishing grounds in municipalities directly under the central government and cities divided into districts shall be uniformly managed by the land administration department of the Municipal People's Government or the agency of the provincial people's government.

Article 4 The main duties of the land administration departments of the people's governments at or above the county level are:

(a) to implement the laws, regulations and policies of the state on land.

(two) responsible for land survey, registration, statistics and certification.

(three) in conjunction with the relevant departments to develop the overall land use planning and annual construction land plan.

(four) for the requisition and allocation of land and township (town) village construction land approval procedures.

(5) Transferring the right to use state-owned land according to law, and supervising and inspecting the transfer, lease, mortgage and termination of the right to use state-owned land.

(six) responsible for land supervision, investigate and deal with violations of land management laws and regulations, and undertake the specific work of mediating land ownership disputes.

Fifth units and individuals that meet one of the following conditions shall be rewarded by the people's government:

(a) the rational planning and utilization of land and related scientific research have made remarkable achievements;

(2) Remarkable achievements have been made in improving land, expanding cultivated land and developing land resources.

(3) having made outstanding contributions to saving land and stopping the indiscriminate occupation of cultivated land and land abuse.

(four) have made remarkable achievements in land management.

Chapter II Ownership and Use Right of Land

Article 6 Urban land belongs to the state. The following land in urban suburbs and rural areas belongs to the state: (1) land that has been determined to be owned by the state according to laws and policies since the land reform; (2) Land requisitioned according to law for national construction; (three) other land that is not owned by the collective according to the laws of the state.

Land in urban suburbs and rural areas belongs to collective ownership except for state ownership. Collectively owned land belongs to village farmers collectively according to law. Farmers' collectives that already belong to villagers' groups still belong to villagers' groups; What has been owned by the peasant collective economic organization in the township (town) is still owned by the peasant collective in the township (town).

Article 7 No unit or individual may occupy, trade or illegally transfer land in other forms.

The right to use state-owned land and collectively-owned land can be transferred according to law. Implement the system of paid use of state-owned land according to law. Specific measures for the transfer of land use rights and paid use of state-owned land shall be implemented in accordance with the provisions of the State Council.

Eighth collectively owned land shall be registered by the people's government at the county level, and the land ownership certificate shall be issued to confirm the ownership.

If the state-owned land is used according to law, the people's government at or above the county level shall issue a land use certificate to confirm the right to use it; Across the administrative areas at or above the county level, the people's government at the next higher level shall issue land use certificates to confirm the right to use.

If the ownership and use right of land are changed according to law, or the land use right is transferred due to the sale or transfer of buildings and attachments on the ground according to law, it is necessary to apply to the land management department of the people's government at or above the county level for registration of the change of land ownership and use right, and the people's government at or above the county level shall replace the land certificate.

Article 9 Disputes over land ownership and use rights shall be handled in accordance with Article 13 of the Land Administration Law and Article 8 of the Implementation Regulations.

Chapter III Utilization and Protection of Land

Article 10 People's governments at all levels shall work out overall plans for land use and report them to the people's government at the next higher level for approval before implementation.

Eleventh urban and rural construction land management plan. People's governments at all levels shall incorporate the control indicators of urban and rural construction land into the national economic and social development plan, and shall not break through the control indicators of urban and rural construction land occupation issued by the people's governments at higher levels.

Article 12 Whoever develops state-owned barren hills and wasteland for agricultural, forestry, animal husbandry and fishery production shall apply to the land administration department of the people's government at or above the county level for approval. Development of less than 500 acres, approved by the people's government at the county level; More than five hundred acres and less than one thousand acres, approved by the municipal, autonomous prefecture people's government or the provincial people's government agencies; More than one thousand acres and less than ten thousand acres, approved by the provincial people's government; If it exceeds 1 10,000 mu, it shall be reported to the State Bureau of Land Management or the State Council for approval according to the implementation regulations.

Thirteenth units and individuals that change cultivated land into non-cultivated land due to the adjustment of agricultural structure shall apply to the land management department of the people's government at or above the county level for approval. Ten acres or less shall be approved by the people's government at the county level; /kloc-more than 0/0 mu of dissatisfaction 100 mu, approved by the municipal, autonomous prefecture people's government or the provincial people's government agencies; More than one hundred acres, approved by the provincial people's government.

Article 14 Anyone who engages in mining, quarrying, sand digging, earth borrowing and other business activities on privately owned contracted land, private plots and private hills according to law must apply to the land administration department of the people's government at or above the county level for land use, and obtain the approval of the people's government at or above the county level. The examination and approval authority shall be handled in accordance with the provisions of Article 17 of these Measures. Where laws and regulations provide otherwise, it shall be handled in accordance with relevant laws and regulations.

Article 15 If the cultivated land, garden land, forest land or other land with planting benefit is requisitioned with the approval of the land-using unit, and the construction has not started for one year after the requisition, the land management department of the people's government at or above the county level shall levy a barren fee according to the average annual output value of the land in the three years before the requisition; Without the consent of the original approval authority, it has not been used for two consecutive years, and the land management department shall report to the people's government at or above the county level for approval, recover the land use right and cancel the land use certificate.

Township (town) village enterprises have been approved to use cultivated land, garden land, forest land or other land with planting benefits. After approval, if construction has not started for one year without special reasons, resulting in desolation, the township (town) people's government shall levy a barren fee according to the average annual output value of the land in the three years before approval.

The barren fee shall be turned over to the finance at the same level.

Article 16 Units and individuals that lawfully occupy cultivated land for building houses or engage in other non-agricultural construction shall pay cultivated land occupation tax in accordance with the relevant provisions of the state.

Units and individuals who use state-owned land in cities, counties, towns and industrial and mining areas according to law shall pay urban land use tax in accordance with relevant state regulations.

Units and individuals that have obtained the assignment of state-owned land use rights according to law shall pay the assignment fee of land use rights in accordance with the relevant provisions of the state.

Units that expropriate specialized vegetable fields and intensive fish ponds in urban suburbs according to law shall pay funds for the development and construction of new vegetable fields and new fish ponds in accordance with relevant state regulations.

Chapter IV Land for National Construction

Seventeenth national construction land requisition examination and approval authority:

(a) the requisition of arable land of less than three acres and other land of less than ten acres shall be approved by the county (city) people's government.

(II) Expropriation of cultivated land 10 mu or other land less than 30 mu, and expropriation of urban professional vegetable fields and intensive fish ponds less than 3 mu shall be reviewed by the people's government at the county level and reported to the people's government at a higher level or the agency of the provincial people's government for approval.

(III) Expropriation of cultivated land 1000 mu or other land below 2,000 mu, and expropriation of urban professional vegetable fields and intensive fish ponds above 3 mu, shall be audited by the agencies dispatched by the people's governments of cities, autonomous prefectures or provinces with districts and submitted to the provincial people's government for approval.

(four) the requisition of more than one thousand acres of arable land and other land of more than two thousand acres, approved by the provincial people's government in the State Council.

Expropriation of land in the urban planning area of a city divided into districts shall be examined and approved by the Municipal People's Government in accordance with the examination and approval authority.

Article 18 The examination and approval procedures for land requisition for national construction shall be handled in accordance with the provisions of Article 18 of the Implementation Regulations.

Nineteenth national construction land requisition, land compensation fees paid by land units according to the following standards:

(a) the expropriation of cultivated land (including paddy fields and dry fields) is calculated at three to six times the average annual output value of the three years before expropriation.

(two) the expropriation of economic forest land such as fish ponds, lotus ponds, orchards and tea gardens shall be calculated according to the expropriation compensation standard of adjacent paddy fields; Expropriation of timber forest land is calculated by 30% to 50% of the compensation standard for expropriation of adjacent paddy fields; The requisition of barren hills and wasteland is calculated at 20% of the compensation standard for requisition of adjacent paddy fields.

(three) the expropriation of fish ponds does not need to be relocated, and it shall be calculated according to the compensation standard for the expropriation of adjacent paddy fields; If it is necessary to build a simple pool, it shall pay the pool construction fee and land compensation fee.

(four) the expropriation of homestead, according to the adjacent paddy fields in the first three years of the average annual output value of four to six times.

Twentieth compensation for young crops and attachments of the expropriated land shall be paid by the land unit according to the following provisions:

(a) young crops, crops with a growth period of less than one year are calculated according to the output value of one season, and crops with a growth period of more than one year are calculated according to the output value of one year or the actual losses are compensated according to the growth period.

(two) trees, which can be transplanted, should pay the transplant fee and compensate for the losses as appropriate; Purchase at a fixed price that cannot be transplanted; If it is cut down by the owner, it shall compensate for the losses as appropriate.

(three) adult fish, according to the annual output value of compensation for actual losses. When the seedling leaves the pool at the expiration of the seedling raising period, the actual loss shall be compensated according to the value.

(4) Houses and other buildings and structures can be compensated for demolition or purchased at a discount, and can also be compensated with equivalent houses and other buildings and structures.

After receiving the notice of land requisition from the land management department, the young crops planted and the buildings and structures built on the requisitioned land will not be compensated.

Article 21 When land is requisitioned for national construction, in addition to paying compensation fees for land, young crops and attachments, the land-using unit shall also pay resettlement subsidies.

The resettlement subsidy for requisitioned cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the number of cultivated land requisitioned by the average number of cultivated land occupied by each land-expropriated unit before land requisition. The resettlement subsidy standard for each agricultural population in need of resettlement is two to three times the average annual output value per mu in the three years before the land is requisitioned. However, the resettlement subsidy per mu of expropriated cultivated land shall not exceed ten times the average annual output value of the three years before expropriation. Expropriation of fish ponds and lotus ponds shall be handled with reference to the provisions on expropriation of cultivated land. Expropriation of orchards, tea gardens and plots of forest land, one to three times the annual output value of adjacent paddy fields per mu. If barren hills and wasteland are requisitioned, resettlement subsidies will not be paid.

If the buildings and structures on the expropriated land need to be rebuilt easily, the land acquisition unit shall pay the resettlement subsidy for the rebuilt land upon examination and approval by the land administration department of the people's government at or above the county level.

Article 22 If the land compensation fee and resettlement fee are paid in accordance with the provisions of Article 19 and Article 21 of these Measures, and the per capita arable land is too small to maintain the original living standard of the farmers who need to be resettled, the resettlement fee may be increased after being audited by the land administration department of the people's government at or above the county level and submitted to the provincial people's government for approval, but the sum of the land compensation fee and resettlement fee shall not exceed 20 times of the average annual output value in the three years before the land is requisitioned.

Article 23 The allocation of state-owned land for national construction shall be handled in accordance with the examination and approval authority stipulated in Article 17 of these Measures and the examination and approval procedures stipulated in Article 18 of the Implementing Regulations; Need to dismantle the ground buildings and structures, compensation in accordance with relevant state regulations. The compensation measures for the allocation of production land for state-owned agriculture, forestry, animal husbandry and fishing grounds shall be formulated separately by the provincial people's government.

Twenty-fourth national construction expropriation of cultivated land, the corresponding reduction of land acquisition units to undertake the task of grain ordering and agricultural tax. The reduced grain ordering tasks and the increased grain sales targets shall be adjusted and solved by the people's governments at or above the county level where the construction project is located. Agricultural tax relief shall be handled in accordance with the relevant provisions of the state.

Twenty-fifth large and medium-sized water conservancy and hydropower project construction land acquisition compensation and resettlement measures, in accordance with the relevant provisions of the state.

The national standards for compensation and resettlement subsidies for land requisition for highway and railway construction shall be formulated separately by the provincial people's government.

Article 26 If the project construction needs to increase the temporary land for temporary facilities such as stockyards and transportation roads outside the scope of land requisition, or erect the above-ground lines, bury underground pipelines, build other underground projects, carry out geological exploration and other temporary land, it shall be handled in accordance with the provisions of Article 33 of the Land Management Law and Article 23 of the Implementation Regulations.

Where land is urgently needed for emergency rescue and disaster relief, it shall be handled in accordance with the provisions of Article 20 of the Implementation Regulations.

Twenty-seventh state organs, social solidarity, enterprises and institutions have obtained the right to use state-owned land according to law, and shall not allocate it to individuals to build houses. Workers of state-owned agriculture, forestry, animal husbandry and fishing grounds are not allowed to build houses there.

The fifth chapter township (town) village construction land

Twenty-eighth township (town) village enterprises and township (town) village public facilities, public welfare undertakings need to use land, in accordance with the provisions of article seventeenth of the examination and approval authority, reported to the people's government at a higher level for examination and approval.

Twenty-ninth township enterprises use land collectively owned by villages or villagers' groups, and village-run enterprises use land collectively owned by villagers' groups. Land units should give compensation and make proper arrangements for farmers' production and life. The land compensation fee shall be calculated at two to four times the average annual output value of the land in the three years before its approval, and the compensation for young crops and attachments shall be handled in accordance with the provisions of Article 20 of these Measures.

Thirtieth rural villagers to build houses, should be carried out in accordance with the requirements of the township (town) village construction planning, can use barren hills, wasteland and barren slopes, and shall not occupy cultivated land. Advocate architecture and save land. The application and approval procedures for land use shall be handled in accordance with the provisions of Article 25 of the Implementation Regulations.

When rural villagers build houses, the land area of each household (including private houses, miscellaneous houses, toilets and livestock houses) shall not exceed 2 10 square meters, cultivated land shall not exceed 130 square meters, and residential land and other land in the village shall not exceed 180 square meters. Under the premise of not exceeding the above limits, the specific standards shall be formulated by the county and municipal people's governments.

Rural villagers in the original homestead renovation or renovation of residential, the original homestead area exceeds the standards prescribed in these measures, the land area can be appropriately relaxed according to the standards prescribed in these measures, but the maximum shall not exceed 15%.

If the house is easy to build, take back the right to use the original long base.

Thirty-first urban non-agricultural registered permanent residence residents need to use collectively owned land for residential construction, and their application and examination and approval procedures shall be handled in accordance with the provisions of Article 26 of the Implementation Regulations, and the relevant expenses shall be paid with reference to the provisions of Articles 19, 20 and 21 of these Measures. The land area of each household should be lower than the land quota of local rural villagers, and the specific standards shall be stipulated by the provincial people's government.

Thirty-second workers of state-owned agriculture, forestry, animal husbandry and fishing grounds build houses on the site, and the land area of each household shall be implemented in accordance with the provisions of Article 30 of these Measures.

Overseas Chinese, Hong Kong, Macao and Taiwan compatriots return to their hometowns to build houses, and the land area of each household may be appropriately relaxed with reference to the local standards for building land for urban and rural residents, but the maximum shall not exceed 20%.

Thirty-third rural contracted households, individual industrial and commercial households and individuals engaged in non-agricultural production and business activities, should use the original homestead; If it is really necessary to use collectively-owned land in addition, it shall go through the approval procedures in accordance with the provisions of Article 29 of the Implementation Regulations, and sign a paid use contract with the land owner. The examination and approval authority shall be implemented in accordance with the provisions of Article 17 of these Measures.

Thirty-fourth township (town) village construction occupies cultivated land, does not reduce the task of grain ordering and agricultural tax, does not increase the grain sales index. The grain ordering task and agricultural tax shall be solved by the township (town) village itself. Unless otherwise stipulated by the state.

Chapter VI Legal Liability

Article 35 Units under ownership by the whole people, units under collective ownership in cities and towns, and township (town) and village enterprises that illegally occupy land without approval or by deception shall be ordered to return the illegally occupied land, dismantle or confiscate the newly built buildings and other facilities on the illegally occupied land within a time limit, and be fined: those that illegally occupy cultivated land shall be fined per square meter 10 yuan or above 15 yuan; Illegal occupation of other rural land, a fine of five yuan to ten yuan per square meter; Illegal occupation of urban state-owned land, a fine of fifteen yuan per square meter.

Thirty-sixth rural villagers and urban non-agricultural registered permanent residence residents who illegally occupy land to build houses without approval or by means of abandoned farmland shall be ordered to return the illegally occupied land and dismantle or confiscate the newly built houses on the illegally occupied land within a time limit.

Rural villagers and urban non-agricultural registered permanent residence residents do not occupy the building according to the approved location, which shall be treated as illegal occupation of the building; Those who exceed the approved area of residential construction land shall be punished as illegal occupation of residential construction land.

Article 37 Where land is bought, sold or illegally transferred by other means, the illegal income shall be confiscated, the newly built buildings and other facilities on the land bought, sold or illegally transferred by other means shall be demolished or confiscated within a time limit, and the parties concerned may be fined 20% to 50% of the illegal income; The responsible personnel shall be given administrative sanctions by their units or higher authorities.

Thirty-eighth units or individuals that have no right to approve the requisition and use of land illegally approve the occupation of land, but have the right to illegally approve the occupation of land beyond the approval authority, shall be dealt with in accordance with the provisions of Article 48 of the Land Management Law; If economic losses are caused, the approver shall bear economic responsibilities in accordance with the relevant provisions of the state.

Article 39 If the construction unit fails to return the land after the expiration of the temporary use period due to the needs of construction, or refuses to hand over the land after the land use right is recovered according to law, it shall be ordered to return the land and be fined from 3 yuan to 5 yuan per square meter according to the illegal use of the land.

Article 40 Those who engage in mining, quarrying, sand digging, earth borrowing and other business activities in the contracted land and privately owned plots and hills determined according to law without going through the formalities for land use according to law shall be ordered to stop their business and be fined not more than per square meter 10 yuan according to the occupied area. Among them, if the occupation of cultivated land seriously damages the planting conditions, it shall be ordered to treat it within a time limit and be fined according to state regulations.

Unauthorized conversion of cultivated land into non-cultivated land, which seriously damages the planting conditions, shall be ordered to treat within a time limit and be fined in accordance with state regulations.

Article 41 Where state organs, social organizations, enterprises and institutions allocate state-owned land that has obtained the right to use according to law to individuals for building houses, the land management department shall report to the people's government at or above the county level for approval, recover the land use right allocated by the unit to individuals for building houses, and dismantle or confiscate the newly-built houses on the land within a time limit. The responsible personnel shall be given administrative sanctions by their units or higher authorities.

Forty-second the provisions of the administrative punishment, decided by the land management departments of the people's governments at or above the county level. The administrative punishment for rural villagers' illegal occupation of land for building houses may be decided by the people's government at the township level. If a party refuses to accept the decision on administrative punishment, he may bring a suit in a people's court within 15 days from the date of receiving the notice of the decision on punishment; If neither prosecution nor performance is made within the time limit, the organ that made the decision on punishment shall apply to the people's court for compulsory execution.

Units and individuals who have been punished according to law to dismantle new buildings and other facilities within a time limit must immediately stop construction; If the construction continues, the organ that made the decision on punishment has the right to stop and seal up the equipment and building materials used in the construction.

Article 43 After the State has gone through the formalities of examination and approval according to law and given compensation, if the original land unit or individual refuses to vacate, the land administration department of the people's government at or above the county level shall issue a notice of vacating within a time limit. If it fails to perform within the time limit, the organ that issued the notice of land release within a time limit shall apply to the people's court for compulsory execution.

Article 44 Land management personnel who neglect their duties, engage in malpractices for selfish ends, ask for bribes, extort bribes, embezzle and divide them among themselves shall be given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 45 The land administration department of the people's government at or above the county level may make suggestions to the unit to which the party belongs or its superior organ for the administrative punishment stipulated in the Land Administration Law and these Measures, and the unit to which the party belongs or its superior organ shall promptly investigate and deal with it, and send a copy of the results to the land administration department that proposed the punishment; If it is not handled within three months, the land management department that proposes the punishment may report it to the people's government at the same level for handling.

Chapter VII Supplementary Provisions

Forty-sixth the term "above" includes the number, and "below" does not include the number.

Article 47 These Measures shall come into force as of the date of promulgation.

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