How long does it take to transfer fertile farmland to state-owned land?

1. This issue involves the conversion of collective land to state-owned land. The process is very cumbersome and requires a lot of fees. The specific time needs to be determined based on the efficiency of the service department. The explanation of the change of collective land to state-owned land is as follows:

The current law stipulates that collective land cannot be traded, so how can you buy collective land? If you are a collective enterprise occupying collective construction land, It is possible to apply for the transfer of collective land to state-owned construction land, but this process is quite troublesome. Currently, in my country, only the State Council and provincial people's governments can approve the transfer of collective land to national land.

You need to first go to the Planning Commission to approve the project , and then go to the land department to apply for land requisition! Then pay a lot of fees.

To be specific: Only land acquisition for major projects can convert collective land into state-owned land, and a series of land acquisition procedures such as agricultural conversion must be completed. Individual residents have no right to change the nature of the land.

2. The relevant legal provisions are as follows:

Article 8 of the "Land Management Law of the People's Republic of China" stipulates: "Land in urban areas belongs to the state." "Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned by farmers; homesteads, private land, and private hills are collectively owned by farmers."

Article 43 Any Units and individuals who need to use land for construction must apply for the use of state-owned land in accordance with the law; however, if the establishment of township enterprises and the construction of residences by villagers have been approved in accordance with the law to use the land collectively owned by the farmers of the collective economic organization, or the township (town) village government* **Except for the construction of facilities and public welfare undertakings that have been approved by law to use land collectively owned by farmers.

The state-owned land applied for use in accordance with the law as mentioned in the preceding paragraph includes land owned by the state and land expropriated by the state that was originally owned by farmers' collectives.

Article 44 If the land occupied for construction involves the conversion of agricultural land into construction land, the approval procedures for the conversion of agricultural land must be completed.

Land occupied by road, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and construction projects approved by the State Council, involving the conversion of agricultural land into construction land, shall be subject to approval by the State Council.

Within the scale of construction land in cities, villages, and towns determined by the overall land use plan, if agricultural land is converted into construction land for the purpose of implementing the plan, the original approved land use plan shall be used in batches according to the annual land use plan. Approval of the land use master plan. Within the scope of approved agricultural land conversion, the land for specific construction projects may be approved by the municipal and county people's governments.

The land occupied by construction projects other than those specified in paragraphs 2 and 3 of this article, involving the conversion of agricultural land into construction land, shall be subject to approval by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 45 The expropriation of the following land shall be subject to approval by the State Council:

(1) Basic farmland;

(2) Cultivated land other than basic farmland exceeding Thirty-five hectares;

(3) Other land exceeding seventy hectares.

The expropriation of land other than that specified in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and reported to the State Council for record.

Where agricultural land is expropriated, the approval for conversion of agricultural land must be processed in advance in accordance with the provisions of Article 44 of this Law. Among them, if the conversion of agricultural land is approved by the State Council, the land acquisition approval procedures must be processed at the same time, and no separate land acquisition approval procedures are required; if the conversion of agricultural land is approved by the people's government of the province, autonomous region, or municipality directly under the Central Government within the land acquisition approval authority, the land acquisition approval procedures must be processed at the same time. If the land acquisition approval authority is no longer required and the land acquisition approval authority is exceeded, another land acquisition approval process shall be conducted in accordance with the provisions of paragraph 1 of this article.

Article 46: When the state requisitions land, after approval in accordance with legal procedures, the local people's government at or above the county level shall announce it and organize its implementation.

The owner and user of the expropriated land shall, within the time limit specified in the announcement, go to the land administration department of the local people's government with the land ownership certificate to register for land expropriation compensation.

Article 47 Where land is expropriated, compensation shall be provided according to the original purpose of the expropriated land.

Compensation fees for farmland expropriation include land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops. The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the three years before the expropriation of the cultivated land.

The resettlement subsidy for cultivated land acquisition shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of expropriated cultivated land by the average amount of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled is four to six times the average annual output value of the three years before the farmland is expropriated. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years before expropriation.

The standards for land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the acquisition of cultivated land.

The compensation standards for attachments and young crops on the expropriated land shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government.

When expropriating vegetable plots in urban suburbs, the land-using unit shall pay a fund for the development and construction of new vegetable plots in accordance with relevant national regulations.

If the payment of land compensation and resettlement subsidies in accordance with the provisions of paragraph 2 of this article cannot enable the farmers who need to be resettled to maintain their original living standards, additional resettlement may be added with the approval of the people's government of the province, autonomous region, or municipality directly under the Central Government. Subsidy fee. However, the total of land compensation and resettlement subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated.

Based on the level of social and economic development and under special circumstances, the State Council may increase the standards of land compensation fees and resettlement subsidies for cultivated land acquisition.

Article 48 After the land acquisition compensation and resettlement plan is determined, the relevant local people's government shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been acquired.

Article 49 The rural collective economic organization whose land has been expropriated shall announce the income and expenditure status of the compensation fees for the expropriated land to the members of the collective economic organization and accept supervision.

It is prohibited to occupy or misappropriate the land acquisition compensation fees and other related expenses of the units whose land has been expropriated.

Article 50: Local people's governments at all levels shall support rural collective economic organizations and farmers whose land has been expropriated to engage in development and operation and establish enterprises.

Article 51 The compensation standards and resettlement measures for land expropriated for the construction of large and medium-sized water conservancy and hydropower projects shall be separately stipulated by the State Council.

Article 52 During the feasibility study and demonstration of a construction project, the land administration department may review matters related to construction land based on the overall land use plan, annual land use plan and construction land standards, and propose Opinion.

Article 53 If an approved construction project requires the use of state-owned construction land, the construction unit shall present the relevant documents stipulated in laws and administrative regulations to the land administration director of the people's government at or above the county level with the power of approval. The department's application for construction land shall be reviewed by the land administration department and submitted to the people's government at the same level for approval.

Article 54 When a construction unit uses state-owned land, it shall obtain it through transfer or other paid use methods; however, the following construction land, subject to the approval of the people's government at or above the county level in accordance with the law, may obtain it through allocation:

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(1) Land used by state agencies and military land;

(2) Land used for urban infrastructure and public welfare;

(3) Energy, Land for transportation, water conservancy and other infrastructure;

(4) Other land stipulated by laws and administrative regulations.

Article 55 A construction unit that obtains state-owned land use rights through transfer or other paid use methods shall, in accordance with the standards and methods prescribed by the State Council, pay the land use right transfer fee and other paid land use fees and other fees. , before the land can be used.

From the date of implementation of this law, 30% of the paid land use fees for newly added construction land shall be turned over to the central government, and 70% shall be reserved to the relevant local people's governments, all of which will be earmarked for Farmland development.

Article 56 If a construction unit uses state-owned land, it shall use the land in accordance with the stipulations in the paid use contract such as the transfer of land use rights or the provisions of the land use rights allocation approval document; if it is really necessary to change the land for construction If the land is used for other purposes, it must be approved by the land administration department of the relevant people's government and submitted to the people's government that originally approved the land use for approval. Among them, any change in land use within an urban planning area must first obtain the consent of the relevant urban planning administrative department before submitting it for approval.

Article 57 If the construction of construction projects and geological surveys require the temporary use of state-owned land or land collectively owned by farmers, it must be approved by the land administration department of the people's government at or above the county level.

Among them, temporary land use within urban planning areas must be approved by the relevant urban planning administrative departments before being submitted for approval. Land users shall sign a temporary land use contract with the relevant land administrative department or rural collective economic organization or village committee based on the land ownership, and pay compensation for temporary land use in accordance with the contract.

Users of temporary land shall use the land in accordance with the purposes specified in the temporary land contract and shall not build permanent buildings.

The period of temporary land use generally does not exceed two years.

Collective land refers to land collectively owned by farmers. It is also called land collectively owned by the working people.

Collective land is a form of land ownership in my country.

my country implements socialist public ownership of land. The ownership forms of land include state ownership (owned by the whole people) and collective ownership by the working people.

(1) Article 10 of the "Constitution of the People's Republic of China" stipulates that "Land in rural areas and urban suburbs, except for state ownership as stipulated by law, is collectively owned; homesteads and private land , self-retained mountains are also collectively owned."

Article 2 of the "Land Management Law of the People's Republic of China" "The People's Republic of China implements socialist public ownership of land, that is, ownership by the whole people. and collective ownership by the working people.” Article 8 "Land in urban areas belongs to the state. Land in rural areas and urban suburbs, except for state ownership as stipulated by law, belongs to farmers' collectives; homesteads, private land, and private hills belong to farmers' collectives." < /p>

(2) Regarding the operation and management of collective land, it is stipulated: Article 10 of the "Land Management Law of the People's Republic of China" "If the land collectively owned by farmers belongs to the collective of village farmers in accordance with the law, it shall be owned by the village collective." Operated and managed by economic organizations or village committees; those that have been collectively owned by farmers in two or more rural collective economic organizations in the village shall be operated and managed by the rural collective economic organizations or villagers groups in the village; those that have been collectively owned by farmers in townships (towns) shall be operated and managed by township (town) rural collective economic organizations.

(3) Confirmation of collective land ownership "Article 11 of the "Land Management Law of the People's Republic of China" "Farmers' collectives." All land shall be registered and registered by the people's government at the county level, and certificates shall be issued to confirm ownership. ”

(4) Expropriation and expropriation of collective land. For the needs of public interests, the state may expropriate or expropriate land and provide compensation in accordance with legal provisions.

( 5) Collectively owned land can be contracted and managed by collectives or individuals for agriculture, forestry, animal husbandry and fishery production.

Currently, the only way to change ownership is through land expropriation, and the way to obtain state-owned land use rights is to obtain transfer from the government. , or the transfer of other use rights holders. For detailed laws, please refer to the "Land Management Law"

Collective construction land refers to residential buildings, public buildings, and public facilities in villages and towns. It mainly includes the following three parts: land for township (town) and village enterprise construction, land for township (town) and village public facilities and public welfare projects, and land for rural residents. Land for residential construction. The planning of collective construction land should follow the principles of rational layout, economical land use, conducive to production, and convenient living.

The transfer of collective construction land is the ownership of collective land planned for construction. The person, owner exerciser or user shall transfer the right to use the construction land to the transferee in accordance with the law by means of transfer, lease, equity participation, cooperation or joint venture, and obtain a certain amount of collective construction land by signing a paid use contract. The land legal system for land income.

The parties to the transfer of collective construction land are divided into transferors and transferees, who have ownership of collective land such as townships (towns) and village collective economic organizations. The exercisers include economic organizations such as townships (towns) and village enterprises, as well as individuals and other land users who enjoy the rights to use construction land according to law. The transferee, that is, the land user, can be an internal member of the collective economic organization or a land user. It can be other collective economies and their members, or even other legal entities and individuals.

The current practice of the transfer of collective construction land is inconsistent across regions, mainly due to the constraints of the economic development level of the region: (1) In rural economically underdeveloped areas, the form is generally limited to farmers renting residences and The land transfer involved in renting out stalls in the market; (2) In areas with moderate rural economic development, in addition to renting out residences and stalls, it also involves the land use rights in the process of restructuring, reorganizing and revitalizing factories and sites of rural enterprises; (3) In economically developed rural areas, various forms, mainly transfer and leasing, coexist and become more flexible. At the same time, the transfer involves a relatively complete range of land types and a large quantity. It can be said that construction land transfer has been fully developed in these areas and its position in the land transaction market system is becoming increasingly important. The situation of rural collective economic organizations carrying out large-scale management of land assets has arrived.

Currently, the transfer forms of collective construction land mainly include the following:

(1) Rural collective economic organizations directly transfer and lease land use rights;

(2) When rural house owners transfer or lease real estate, they jointly transfer and lease land use rights;

(3) The merger and restructuring process of rural enterprises involves the transfer and lease of collective land;

(4) Rural collective economic organizations use land use rights as shares to establish new enterprises, joint ventures, etc.;

(5) Village collective economic organizations develop projects through land use rights cooperation;

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(6) The land has been requisitioned, re-acquisitioned and converted into state-owned land and transferred, transferred and leased;

(7) Due to corporate bankruptcy and liquidation or creditor's rights and debts, the land has been transferred according to judicial ruling.

Promoting the transfer of collective construction land is conducive to the deepening of rural economic reform and the improvement of the rural land legal system. The importance of correctly implementing the transfer of construction land should include the following three aspects:

(1) It safeguards the legal rights and interests of public land ownership and rural collective economic organizations, so that land ownership can be reflected economically, which is beneficial to Further consolidation and development of rural economic organizations.

(2) It is helpful to prevent the waste of land, mobilize the rational allocation of land, promote the rational utilization of land, and improve the economic benefits of land.

(3) Reduce the economic burden of the state and collectives to a certain extent, make up for the lack of rural construction funds, and provide economic guarantee for rural land development and establishment of public welfare undertakings.

3. Establish a land property rights system based on the villagers’ joint-stock legal person model.

Currently, our country’s laws cannot clearly identify the subject of collective land ownership. For example, the "General Principles of the Civil Law" stipulates that "collectively owned land belongs to the collective ownership of village farmers in accordance with the law." This regulation does not clearly identify the ownership subjects, resulting in unclear ownership of land by collectives, collective economic organizations, and villagers. Chinese scholars have always put forward their own opinions from different angles. Overall, any view has its shortcomings. In recent years, two views have been reflected in the creation process of property law and civil code.

(1) One view is that collective land belongs to all members of the collective.

The "Recommended Draft of China's Property Rights Law" clearly stipulates that the ownership of collective land "belongs to all residents collectively."

This view completely introduces the concept of "all parties share the same ownership", and also points out that all members of the collective land involved in the rural collective land have the same rights (occupancy, use, income, and disposal). Powers), *** are also subject to the restrictions of "no division of shares, no transfer of inheritance". The direct rights enjoyed by internal members are reflected in the use of land and land income. This view has its flaws:

①The collective and all its members are always dynamic due to reasons such as birth, marriage, death and migration, and are a variable. This makes it extremely difficult for collective organizations to determine the specific ownership of owners and the distribution of land income.

②***The view of common ownership conflicts with the current ownership system of "township (town) and village collective ownership" in rural my country. At this stage, rural collective land is actually controlled by villages, villager groups, and towns.

③***The same view as all others can easily lead to land privatization and deviate from the principle of socialist public ownership of land.

(2) Another view is that collective land is owned by the collective economic organization or village committee of the village.

Article 58 of Chapter 6 of the Property Law Section of the "Chinese Civil Code (Draft)" stipulates that "if rural collective land is collectively owned by village farmers, ownership shall be exercised by the village's collective economic organization or village committee ”

The emergence of this view has actually led to scholars having noticed the flaws of the previous view, and therefore proposed that “collective land belongs to the rural collective, and ownership is exercised by the village’s collective economic organization or village committee. .” But this formulation still does not solve the crux of the problem.

The shortcomings are reflected in:

(1) The subject of collective ownership is not clarified. "Rural collective ownership" is a vague concept. Looking at the expression in this paragraph, the owner is neither a farmer nor a collective economic organization or a village committee.

(2) How do farmers, the beneficiaries of collective land, obtain the rights and interests from the owners of ownership? The lack of legal basis makes it difficult to realize the rights and interests.

(3) "Village collective economic organization" is another unclear concept.

Therefore, the law should clearly stipulate that the subject of collective land ownership is a joint-stock legal person, which can be expressed as "rural collective land is owned by a joint-stock legal person established by a village collective economic organization." At the same time, it can also be stipulated that the joint-stock legal person can be a village economic cooperative or a village land asset management company, or a township asset management company or a township land asset management company. As a member of a village collective or a township collective, each villager enjoys equal rights and interests in use and income as other members in the form of a shareholding system. A joint-stock legal person represents the interests of all shareholders. Regarding the property rights relationship between the two, the property rights of the joint-stock legal person and the villagers are independent of each other, and each bears its own civil liability. The villagers have broader rights and membership rights for the joint-stock legal person than the shareholders of the company. This kind of rights is not limited to shareholder rights such as voting rights and income rights. It should also include the unique rights to transfer and use the assets of joint-stock legal persons and the rights to use public facilities and public welfare facilities invested by joint-stock legal persons. The establishment of a joint-stock legal person also introduces procedural rules similar to the shareholder meeting and board of directors models in the company law, giving it a modern concept decision-making mechanism to ensure that its rights and interests on collective land are more standardized.

The adoption of the joint-stock legal person model is based on the following factors:

(1) The joint-stock legal person is the collective land owner and operator, and does not need to change the structural status of rural land in our country. It is not a fundamental change to the current collective land ownership system, it is just a confirmation of the subject of collective land ownership. The status of joint-stock legal persons as collective land owners is an acknowledgment of the current status of rural land in our country, and does not fundamentally deny the fact that villages, villager groups, and towns are de facto land owners.

(2) The joint-stock legal entity is the collective land owner and operator, which conforms to the nature of my country’s socialist land public ownership and clarifies the legal land ownership relationship. Its legal person ownership over the collectively owned land is consistent with the nature of rural collective ownership.

(3) The joint-stock legal person serves as the owner of collective land, thereby eliminating the vague concept of "village collective economic organization" and the concept of non-economic entities such as "village committees and township people's governments", which is more scientific.