Is it legal to transform cultivated land into farms?

Land Management Law of the People's Republic of China

Chapter II Ownership and Use Right of Land

Article 8 Urban land belongs to the state.

Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers.

Article 9 State-owned land and land collectively owned by peasants may be designated for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.

Article 10 Where the land collectively owned by peasants belongs to village peasants according to law, it shall be managed by village collective economic organizations or villagers' committees; Has been owned by two or more rural collective economic organizations in the village, by the village.

Management of rural collective economic organizations or villagers' groups; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns).

Article 11 Land collectively owned by peasants shall be registered and issued by the people's government at the county level to confirm ownership.

If the land collectively owned by farmers is used for non-agricultural construction according to law, the people's government at the county level shall register and issue certificates to confirm the right to use the construction land.

State-owned land used by units and individuals according to law shall be registered by the people's governments at or above the county level, and certificates shall be issued to confirm the right to use it; Among them, the specific registration and certification authority for state-owned land used by central state organs shall be determined by the State Council.

The confirmation of ownership or use right of forest land and grassland, and the confirmation of water surface and tidal flat farming use right shall be handled in accordance with the relevant provisions of People's Republic of China (PRC) Forest Law, People's Republic of China (PRC) Grassland Law and People's Republic of China (PRC) Fisheries Law respectively.

Reason.

Twelfth in accordance with the law to change the ownership and use of land, it shall go through the formalities for registration of land change.

Thirteenth legally registered land ownership and use rights are protected by law, and no unit or individual may infringe upon them.

Article 14 The land collectively owned by peasants shall be contracted by members of the collective economic organization to engage in farming, forestry, animal husbandry and fishery production. The term of contracted operation of land is thirty years. The employer and the contractor shall sign a contract and stipulate that

Rights and obligations of both parties. Farmers contracted to manage land have the obligation to protect and rationally use the land according to the purposes agreed in the contract. Farmers' right to contracted management of land is protected by law.

During the term of land contract operation, if the land contracted between individual contractors is properly adjusted, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and report to the township (town) people's government and the people's government at the county level.

Approved by the administrative department of agriculture of the people's government.

Fifteenth state-owned land can be contracted by units or individuals to engage in farming, forestry, animal husbandry and fishery production. Land collectively owned by farmers may be contracted and planted by units or individuals other than the collective economic organizations.

Industry, forestry, animal husbandry and fishery production. The employer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties. The term of contracted operation of land shall be stipulated in the contract. Units and individuals contracted to operate land shall protect it according to law and contract it according to the contract.

Obligation to use land reasonably for agreed purposes.

If the land collectively owned by peasants is contracted by units or individuals other than the collective economic organizations, it must be agreed by more than two thirds of the members of the villagers' meeting or more than two thirds of the villagers' representatives, and reported to the township (town) people's government for approval.

Sixteenth disputes over land ownership and use rights shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the people's government.

Disputes between units shall be handled by the people's governments at or above the county level; Disputes between individuals or between individuals and units shall be handled by people's governments at or above the county level.

If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision.

Before the dispute over land ownership and use right is settled, neither party may change the status quo of land use.

Chapter III Overall Land Use Planning

Seventeenth people's governments at all levels shall, according to the requirements of national economic and social development planning, land consolidation and resource and environmental protection, land supply capacity and land demand for various constructions, organize the preparation of overall land use planning.

The planning period of the overall land use planning shall be stipulated by the State Council.

Article 18 The overall land use planning at a lower level shall be based on the overall land use planning at a higher level.

The total amount of construction land in the overall land use planning compiled by local people's governments at all levels shall not exceed the control index determined by the overall land use planning at the next higher level, and the amount of cultivated land shall not be lower than the control index determined by the overall land use planning at the next higher level.

The overall land use planning prepared by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall ensure that the total amount of cultivated land within their respective administrative areas does not decrease.

Article 19 The overall land use planning shall follow the following principles:

(1) Strictly protect basic farmland and control the occupation of agricultural land by non-agricultural construction;

(2) Improve the land utilization rate;

(three) the overall arrangement of various types and regions of land;

(four) to protect and improve the ecological environment and ensure the sustainable use of land;

(five) the occupation of cultivated land and the development and reclamation of cultivated land in balance.

Twentieth county land use planning should be divided into land use areas, clear land use.

The overall land use planning of a township (town) shall divide the land use areas, determine the use of each piece of land according to the land use status, and make an announcement.

Twenty-first overall land use planning shall be subject to grading examination and approval.

The overall land use planning of provinces, autonomous regions and municipalities directly under the Central Government shall be submitted to the State Council for examination and approval.

The overall land use planning of cities where the people's governments of provinces and autonomous regions are located, cities with a population of more than one million and cities determined by the State Council shall be approved by the people's governments of provinces and autonomous regions and reported to the State Council for approval.

General plans for land use other than those specified in the second and third paragraphs of this article shall be submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval step by step; Among them, the overall land use planning of townships (towns) can be compiled by the cities and autonomous prefectures with districts authorized by the provincial people's government.

Approved by the people's government

Once the overall land use planning is approved, it must be strictly implemented.

Article 22 The scale of urban construction land shall meet the standards set by the state, make full use of existing construction land, and do not occupy or occupy agricultural land as little as possible.

The overall urban planning, village and market town planning should be connected with the overall land use planning, and the scale of construction land in the overall urban planning, village and market town planning shall not exceed the scale of construction land in cities, villages and market towns determined by the overall land use planning.

Go to hell.

In the urban planning area, village and market town planning area, the construction land of cities, villages and market towns shall conform to the urban planning, village and market town planning.

Article 23 The comprehensive management, development and utilization planning of rivers and lakes should be linked with the overall land use planning. In the scope of management and protection of rivers, lakes and reservoirs and flood storage and detention areas, land use should meet the requirements of comprehensive utilization of rivers and lakes.

The planning of harnessing, development and utilization meets the requirements of flood discharge, flood storage and water delivery in rivers and lakes.

Twenty-fourth people's governments at all levels should strengthen the management of land use planning and control the total amount of construction land.

The annual land use plan shall be compiled according to the national economic and social development plan, the national industrial policy, the overall land use planning and the actual situation of construction land and land use. Examination and approval procedures for the preparation of annual land use plans and overall land use plans

Planning and approval procedures are the same, once approved, it must be strictly implemented.

Article 25 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall list the implementation of the annual plan for land use as the content of the implementation of the plan for national economic and social development, and report to the people's congress at the same level.

Article 26 The revision of the approved master plan for land use must be approved by the original approving authority; Without approval, the land use determined in the overall land use planning shall not be changed.

If the overall land use planning needs to be changed for large-scale energy, transportation, water conservancy and other infrastructure construction land approved by the State Council, the overall land use planning shall be revised according to the approval documents of the State Council.

Where the land for infrastructure construction such as energy, transportation and water conservancy approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government needs to change the overall land use planning, it belongs to the examination and approval authority of the people's government at the provincial level.

The government approved the document to modify the overall land use planning.

Article 27 The State establishes a land survey system.

The land administrative departments of the people's governments at or above the county level shall, jointly with the relevant departments at the same level, conduct land surveys. Land owners or users shall cooperate with the investigation and provide relevant information.

Twenty-eighth land administrative departments of the people's governments at or above the county level shall, in conjunction with the relevant departments at the same level, assess the land grade according to the results of land survey, the planned use of land and the unified standards formulated by the state.

Article 29 The State establishes a land statistics system.

The land administrative departments of the people's governments at or above the county level and the statistical departments at the same level shall formulate statistical investigation plans, conduct land statistics according to law, and regularly publish land statistical data. Land owners or users shall provide relevant materials and shall not make false statements or conceal them.

Reporting, refusing to report, delaying reporting.

Statistical data of land area released by land administrative departments and statistical departments are the basis for people's governments at all levels to work out overall land use planning.

Article 30 The State establishes a national land management information system to dynamically monitor land use.

Chapter IV Protection of Cultivated Land

Article 31 The State protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.

The state practices a compensation system for the occupation of cultivated land. Non-agricultural construction approved the occupation of cultivated land, in accordance with the principle of "how much is occupied, how much is cultivated", the unit occupying cultivated land is responsible for reclaiming cultivated land equivalent to the quantity and quality of cultivated land occupied; Unconditional recycling or

If the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, which shall be used exclusively for reclaiming new cultivated land.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for the reclamation of cultivated land, supervise the units occupying cultivated land to reclaim cultivated land according to the plan or organize the reclamation of cultivated land according to the plan, and conduct inspection and acceptance.

Article 32 Local people's governments at or above the county level may require units occupying cultivated land to use the soil of the occupied cultivated land for soil improvement of newly reclaimed cultivated land, poor quality land or other cultivated land.

Article 33 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strictly implement the overall land use plan and the annual land use plan, and take measures to ensure that the total amount of cultivated land within their respective administrative areas will not decrease; The reduction of total cultivated land was ordered by the State Council.

Within the prescribed time limit, the cultivated land with the same quantity and quality as the reduced cultivated land shall be accepted by the land administrative department of the State Council in conjunction with the agricultural administrative department. Individual provinces and municipalities directly under the central government are indeed short of land reserve resources, and new construction land is opened.

If the amount of cultivated land is not enough to compensate for the amount of cultivated land occupied, it must be reported to the State Council for approval to reduce or exempt the amount of cultivated land within its administrative area for ex situ reclamation.

Article 34 The state practices the system of protecting basic farmland. The following cultivated land should be included in the basic farmland protection area according to the overall land use planning and strictly managed:

(a) the cultivated land in the grain, cotton and oil production base approved by the relevant competent department of the State Council or the local people's government at or above the county level;

(2) Cultivated land with good water conservancy and soil and water conservation facilities, where the transformation plan is being implemented, and low-and medium-yield fields that can be transformed;

(3) Vegetable production bases;

(4) experimental fields for agricultural scientific research and teaching;

(five) other cultivated land that should be included in the basic farmland protection areas as stipulated by the State Council.

The basic farmland designated by provinces, autonomous regions and municipalities directly under the Central Government shall account for more than 80% of the cultivated land within their respective administrative areas.

The basic farmland protection areas shall be designated by the township (town) as a unit, and shall be organized and implemented by the land administrative department of the people's government at the county level in conjunction with the agricultural administrative department at the same level.

Article 35 People's governments at all levels shall take measures to maintain irrigation and drainage facilities, improve soil and improve soil fertility, and prevent land desertification, salinization, soil erosion and land pollution.

Thirty-sixth non-agricultural construction must save land. Those who can use wasteland shall not occupy cultivated land. Those who can use inferior land shall not occupy good land.

It is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine or borrow soil on cultivated land without authorization.

It is forbidden to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish.

Article 37 No unit or individual may idle or desert cultivated land. If the non-agricultural construction that has gone through the examination and approval procedures occupies cultivated land and can be cultivated and harvested within one year, it shall be recovered by the collective or individual who originally cultivated the cultivated land.

Can also be organized by the land unit farming; If construction has not started for more than one year, idle fees shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government; If it has not been used for two consecutive years, the people's governments at or above the county level shall recover the land units without compensation with the approval of the original approval authority.

Land use right; Land originally owned by farmers' collectives shall be handed over to the former rural collective economic organizations to resume farming.

Idle land that has obtained the land use right of real estate development by means of transfer within the urban planning area shall be handled in accordance with the relevant provisions of the People's Republic of China (PRC) Urban Real Estate Management Law.

If a unit or individual contracted to manage cultivated land abandoned cultivated land for two consecutive years, the original contractor shall terminate the contract and recover the contracted cultivated land.

Article 38 The State encourages units and individuals to develop unused land in accordance with the overall land use plan on the premise of protecting and improving the ecological environment and preventing soil erosion and land desertification. Suitable for agricultural land development, give priority to agricultural land development.

The state protects the legitimate rights and interests of developers according to law.

Article 39 Reclamation of unused land must go through scientific argumentation and evaluation, and be carried out within the reclaimable areas delineated in the overall land use plan approved according to law. It is forbidden to destroy forests, grasslands and reclaim cultivated land, and it is forbidden to reclaim land around lakes and occupy land.

Rivers and beaches

According to the overall land use planning, for reclamation that destroys the ecological environment, returning farmland to forests, grazing and lakes in a planned and step-by-step manner.

Article 40 State-owned barren hills, wasteland and wasteland whose development and use rights are uncertain can be used for planting, forestry, animal husbandry and fishery production. With the approval of the people's government at or above the county level according to law, the development unit or individual may designate them for long-term use.

Article 41 The State encourages land consolidation. County and township (town) people's governments shall organize rural collective economic organizations to comprehensively improve cultivated land, water, roads, forests and villages in accordance with the overall land use planning, improve the quality of cultivated land and increase the effective area of cultivated land.

Improve agricultural production conditions and ecological environment.

Local people's governments at all levels should take measures to transform low-and medium-yield fields and rectify idle and abandoned land.

Forty-second due to excavation, subsidence, occupation and other land damage, land units and individuals shall be responsible for reclamation in accordance with the relevant provisions of the state; If there are no conditions for reclamation or reclamation does not meet the requirements, land reclamation fees shall be paid to be used exclusively for land reclamation.

Ken. Reclaimed land should be given priority to agriculture.

Chapter V Land for Construction

Forty-third any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law; However, if the establishment of township enterprises and villagers' building is approved by law to use the land collectively owned by farmers of the collective economic organization,

Or the township (town) village public facilities and public welfare undertakings have approved the use of land collectively owned by farmers according to law.

State-owned land applied for according to law as mentioned in the preceding paragraph includes land owned by the state and land originally owned by farmers' collectives requisitioned by the state.

Forty-fourth construction land, involving the conversion of agricultural land into construction land, shall go through the formalities for examination and approval of agricultural land conversion.

Roads, 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, which need to occupy land and involve the conversion of agricultural land into construction land, shall be approved by the State Council.

Within the scope of construction land for cities, villages and market towns determined by the overall land use planning, if agricultural land is converted into construction land to implement the overall land use planning, it shall be reported to the original authority that approved the overall land use planning in batches according to the annual land use plan.

Within the approved scope of agricultural land conversion, the land for specific construction projects can be approved by the municipal or county people's governments.

The occupation of land by construction projects other than those specified in the second and third paragraphs of this article, involving the conversion of agricultural land into construction land, shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 45 The requisition of the following land shall be approved by the State Council:

(1) Basic farmland;

(2) More than 35 hectares of cultivated land other than basic farmland;

(3) More than 70 hectares of other land.

Expropriation of land beyond the provisions of 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 the record.

Where agricultural land is requisitioned, the approval procedures for the conversion of agricultural land shall be handled in advance in accordance with the provisions of Article 44 of this Law. Among them, the conversion of agricultural land is approved by the State Council, and the land acquisition approval procedures are handled at the same time, and the land acquisition approval is no longer handled separately; By the provinces, autonomous regions and municipalities directly under the central government

If the Municipal People's Government approves the conversion of agricultural land within the scope of examination and approval of land acquisition, it shall go through the formalities of examination and approval of land acquisition at the same time, and will not go through the formalities of examination and approval of land acquisition separately. Beyond the approval authority of land acquisition, land acquisition approval shall be handled separately in accordance with the provisions of the first paragraph of this article.

Article 46 If the land is requisitioned by the state, it shall be announced and implemented by the local people's government at or above the county level after being approved in accordance with legal procedures.

The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the local people's government.

Article 47 Where land is requisitioned, compensation shall be given according to the original use of the requisitioned land.

Compensation for requisition of cultivated land includes land compensation fee, resettlement fee and compensation fee for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Subsidies for resettlement of requisitioned cultivated land,

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 requisitioned unit before land requisition. The resettlement subsidy standard for each agricultural population in need of resettlement,

It is four to six times the average annual output value of the cultivated land in the three years before it was requisitioned. 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 of land compensation and resettlement subsidies for the expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation and resettlement subsidies for the expropriation of cultivated land.

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

Requisition of vegetable fields in the suburbs of cities, land units shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state.

If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article still fails to maintain the original living standards of farmers who need resettlement, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, land compensation

The sum of fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation.

According to the level of social and economic development, under special circumstances, the State Council can raise the standards of land compensation and resettlement subsidies for requisitioned cultivated land.

Forty-eighth after the land acquisition compensation and resettlement plan is determined, the relevant local people's governments shall make an announcement and listen to the opinions of the rural collective economic organizations and farmers whose land has been expropriated.

Forty-ninth rural collective economic organizations whose land has been expropriated shall announce the revenue and expenditure of land acquisition compensation to the members of the collective economic organizations and accept supervision. It is forbidden to occupy or misappropriate the land acquisition compensation and other related expenses of the requisitioned land units.

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, operation and establishment of enterprises.

Fifty-first large and medium-sized water conservancy and hydropower project construction land acquisition compensation standards and resettlement measures shall be formulated separately by the State Council.