A ruthless cadre from Sanxian Village, Beige Town, Xiaodian District, Taiyuan City, why didn’t he give an explanation to the villagers now that the community is being built in the village? Even if he

A ruthless cadre from Sanxian Village, Beige Town, Xiaodian District, Taiyuan City, why didn’t he give an explanation to the villagers now that the community is being built in the village? Even if he complained today, he had no explanation.

Try it on the government website, but it’s a waste of words here, no one is in charge

Shanxi Province’s Measures for Implementing the “Land Management Law of the People’s Republic of China”

< p>Chapter 1 General Provisions

Article 1 is for the implementation of the "Land Management Law of the People's Republic of China" (hereinafter referred to as the "Land Management Law"), and these measures are formulated based on the actual conditions of this province.

Related regulations:

Article 2 The land in the province is divided into state-owned land and land owned by farmers’ collectives in accordance with the law.

No unit or individual may appropriate, buy or sell, or use it for other purposes. Other forms of illegal transfer of land. Land use rights can be transferred in accordance with the law.

The state can expropriate land collectively owned by farmers in accordance with the law.

Article 1 The entire province must implement the basic national policy of cherishing and rationally utilizing land and effectively protecting cultivated land.

People's governments at all levels must strictly implement land management laws and regulations, strengthen land resources and asset management, and resolutely prevent illegal occupation.

Article 5 The land administrative department of the provincial people's government is responsible for the unified management and supervision of land in the province. The regional administrative offices and the land administrative departments of the people's governments at the districted city and county levels are responsible. Unified management and supervision of land within this administrative region

Article 6 Contribute to the protection and development of land resources, rational use of land, conduct relevant scientific research, and report and expose illegal land activities. Units and individuals shall be rewarded by the people's government at or above the county level or the land administration department.

Chapter 2 Ownership and use rights of land

Article 7 Land collectively owned by farmers. If the land is contracted for operation in accordance with the law or used for non-agricultural construction in accordance with the law, the land contractor and user shall submit a land registration application to the land administration department of the county-level people's government where the land is located, and the county-level people's government will register and issue a "Collective Land Use" Certificate" to confirm the right to use

Chapter 3 Overall Land Utilization Plan

Article 11 The overall land use plan prepared by the provincial people's government shall ensure the total amount of cultivated land within the administrative region of the province.

The total amount of construction land in the overall land use plan prepared by the people's government at all levels shall not exceed the control indicators determined by the upper level land use overall plan, and the amount of cultivated land shall not be lower than the previous level.

Article 12: The overall land use planning at the county and township levels shall be divided into basic land use areas according to land use. Farmland protection areas, general farmland areas, forestry areas, animal husbandry areas, urban construction areas, villages and town construction areas, independent industrial and mining areas, natural and cultural landscape protection areas, land reclamation areas, prohibited reclamation areas, land Organizing area, etc.

The purpose of each piece of land determined in the overall land use plan of the township (town) shall be announced by the people's government of the township (town) in the township (town) and village where the land is located.

Article 13 The overall land use planning shall implement a hierarchical examination and approval system.

The provincial land use overall plan shall be prepared by the provincial people's government, organized by the land administration department at the same level and other relevant departments, and submitted to the State Council for approval in accordance with regulations.

The overall land use plans of Taiyuan City and Datong City are organized and compiled by the People's Government of Taiyuan City and Datong City. After review and approval by the Provincial People's Government, they are submitted to the State Council for approval in accordance with regulations; other cities and regions divided into districts The overall land use plan shall be prepared by the Municipal People's Government and the Regional Administrative Office and submitted to the Provincial People's Government for approval.

The overall land use plan at the county level shall be prepared by the people's government at that level. After being reviewed and approved by the people's government of the districted city or the regional administrative office, it shall be submitted to the provincial people's government for approval.

The overall land use plan at the township level shall be prepared by the land administration department of the people's government at the county level in conjunction with the people's government at the township level. After review and approval by the people's government at the county level, it shall be reported to the people's government of the city divided into districts or the regional administrative office. be reviewed and approved, and reported to the land administration department of the Provincial People's Government for record.

Article 14 People's governments at all levels shall strengthen the management of land use plans and implement total control of construction land.

The annual land use plan includes agricultural land conversion plan indicators, cultivated land retention plan indicators, and land development and consolidation plan indicators.

Once the annual land use plan is approved and issued, it must be strictly implemented. If there is no agricultural land conversion plan indicator or exceeds the agricultural land conversion plan indicator, no new construction land shall be approved.

If the compensation system for cultivated land occupied by construction is not strictly implemented or the land development and consolidation plan indicators are not completed, the agricultural land conversion plan indicators for the next year will be reduced.

The economical agricultural land conversion plan indicators can be carried forward to the next year for continued use after approval.

Article 15 People's governments at all levels shall list the implementation of the annual plan for land use such as occupied cultivated land and newly reclaimed cultivated land in the previous year as part of the implementation of the national economic and social development plan, and report to the same level every year. Report of the People's Congress.

Chapter 4 Protection of Cultivated Land

Article 16 People's governments at all levels shall strictly control the occupation of cultivated land by non-agricultural construction projects. When selecting and designing the site for construction projects, wasteland should be utilized as much as possible and no or less cultivated land should be occupied. If it is really necessary to occupy cultivated land, the cultivated land must be reclaimed in quantity and quality equivalent to the occupied cultivated land according to the approved supplementary cultivated land plan and in accordance with the following provisions:

(1) The scale of urban construction land determined in the overall land use plan Within the scope, if cultivated land is occupied for the implementation of urban planning, the municipal and county people's governments are responsible for reclaiming cultivated land;

(2) Within the scope of the construction land for villages and towns determined in the overall land use plan, for the implementation of village planning . If a market town plans to occupy cultivated land, the rural collective economic organization or village committee that organizes the land use of the township (town) people's government shall be responsible for reclaiming the cultivated land;

(3) Energy sources other than items (1) and (2) If construction projects such as transportation, water conservancy, mining, and military facilities occupy cultivated land, the construction unit shall be responsible for reclaiming the cultivated land.

The newly reclaimed farmland shall be inspected and accepted by the land administration department of the Provincial People's Government in conjunction with the provincial agricultural administration department.

If there is no condition to reclaim cultivated land or the reclaimed cultivated land does not meet the requirements for acceptance, the amount of the average annual output value of the cultivated land in the three years before it is occupied must be paid to the people of the city or county where the occupied land is located. The government pays farmland reclamation fees, and the municipal and county people's governments organize the reclamation.

Article 17 People's governments at all levels shall establish a basic farmland protection system and delimit basic farmland protection areas within their respective administrative regions based on the basic farmland protection indicators issued by superiors.

People's governments at all levels should implement target management for the protection of basic farmland, establish a target responsibility system for leadership terms, and conduct regular inspections by the people's governments at higher levels.

Article 18 If the approved cultivated land occupied by non-agricultural construction has not started construction within more than one year and within two years from the date of approval, the average annual output value of the three years before the cultivated land was converted into construction land shall be Pay an idle land fee of two to four times to the people's government of the city or county where the land is located; if it has not been used for two consecutive years, the people's government that originally approved the land use will take back the land use rights of the land-using unit free of charge in accordance with the law; the land was originally owned by farmers Those collectively owned should be handed over to the original rural collective economic organizations for restoration of farming.

Article 19 Units and individuals shall report to the Provincial People's Government for approval for one-time development of state-owned barren hills, wasteland, and wasteland with undetermined land use rights of less than 600 hectares and more than 100 hectares in accordance with the law; Any project with an area of ??more than 20 hectares must be submitted to the people's government of the districted city or the regional administrative office for approval; any project with a area of ??less than 20 hectares must be reported to the people's government at the county level for approval.

No unit or individual may privately sign a land use agreement with a rural collective economic organization to develop land.

Article 20 If land is damaged due to excavation, subsidence, occupation, etc., the land-using units and individuals shall be responsible for reclamation in accordance with the following provisions:

(1) Preparation of reclamation plan Plan and formulate a reclamation plan and submit it to the land administration department of the people's government at or above the county level for approval;

(2) Carry out reclamation in accordance with the approved reclamation plan.

After the reclamation is completed, it must be submitted to the land administration department that approved the reclamation design plan for acceptance.

Article 21 Units and individuals with reclamation obligations that do not have the conditions for reclamation or the reclamation does not meet the requirements shall report to the county level at a rate of not less than ten yuan but not more than twenty yuan per square meter. The land administrative departments of the above people's governments shall pay land reclamation fees, which shall be used exclusively for land reclamation. Reclaimed land should be given priority for agriculture.

Article 22 If any unit or individual causes damage to the land, in addition to being responsible for land reclamation, it shall also pay compensation for land loss and compensation for loss of ground attachments to the unit or individual that suffered the loss. . The standard of compensation for land loss shall be handled in accordance with the provisions of land acquisition compensation in these Measures. The compensation for loss of ground attachments shall be agreed upon by both parties.

Chapter 5 Construction Land

Article 23 If agricultural land is really needed for the construction of cities, villages, and towns, it shall comply with the overall land use plan and the annual land use plan. Determined agricultural land conversion indicators and urban planning and village and market town planning.

If a separately sited construction project really needs to occupy agricultural land, in addition to meeting the conditions specified in the preceding paragraph, it must also meet the following conditions:

(1) Separately sited construction Projects must be energy, transportation, water conservancy, mining and other projects approved by the State Council and road, pipeline projects and large-scale infrastructure projects approved by the Provincial People's Government;

(2) It is indeed impossible to avoid agricultural land when selecting project sites of.

Article 24 If the land occupied for construction involves the conversion of agricultural land into construction land, the approval procedures for agricultural land conversion must be completed.

Land occupied by roads, pipeline projects and large-scale infrastructure construction projects approved by the Provincial People's Government and construction projects approved by the State Council, involving the conversion of agricultural land into construction land, shall be submitted to the State Council for approval in accordance with regulations.

In the construction of cities (including organized towns), within the land use scale determined by the overall land use plan, agricultural land is converted into construction land for the implementation of the plan, except for Taiyuan City and Datong City according to the land use Except for the annual plans that are submitted to the State Council for approval in batches, other cities are subject to the approval of the Provincial People's Government.

For the construction of villages and market towns, within the land use scale determined by the overall land use plan, if agricultural land is converted into construction land for the purpose of implementing the plan, the people's government of the districted city or the regional administrative office shall be responsible for The annual land use plan will be approved in batches.

Article 25 Construction projects that use existing state-owned construction land in urban construction areas and state-owned unused land determined in the overall land use plan shall go through the approval procedures in accordance with the following authority;

(1) If a construction project occupies more than five hectares of land, it shall be approved by the Provincial People's Government;

(2) If a construction project occupies more than one hectare but less than five hectares of land, it shall be approved by the people's government of the municipality divided into districts or approved by the regional administrative office and reported to the Provincial People's Government for record;

(3) If the construction project occupies less than one hectare of land, it shall be approved by the county-level people's government and reported to the Provincial People's Government for record.

Article 26 Land requisition shall be handled according to the following procedures:

(1) The land administration departments of the municipal and county people’s governments shall, in accordance with the overall land use plan, annual land use plan, national According to the economic and social development plan and the land demand for key construction projects approved by the State Council, the land acquisition plan shall be drafted and, with the approval of the people's government at the same level, submitted to the people's government with approval authority for approval step by step;

(2) Requisition After the land plan is approved in accordance with the law, it will be organized and implemented by the people's government of the city or county where the land is to be acquired. The agency that approves the land acquisition, the approval number, the purpose, scope, area of ??the land to be acquired, the compensation standards for land acquisition, the resettlement measures for agricultural personnel and The time limit for land acquisition compensation shall be announced in the township (town) and village where the acquired land is located. The right holder of the expropriated land shall, within the period specified in the announcement, bring the land certificate to the land administration department of the people's government designated in the announcement to register for land acquisition compensation;

(3) Land administration director of the municipal and county people's government Based on the approved land requisition plan, the department will work with relevant departments to formulate specific land requisition compensation and resettlement plans, and announce them in the townships (towns) and villages where the requisitioned land is located, and listen to the opinions of rural collective economic organizations and farmers whose land is requisitioned. After the land acquisition compensation and resettlement subsidy plans are submitted to the municipal and county people's governments for approval, they will be organized and implemented by the land administration departments of the municipal and county people's governments.

If there is a dispute over the compensation rate, coordination shall be made by the local people's government at or above the county level; if coordination fails, the decision shall be made by the people's government that approved the land acquisition. Disputes over land acquisition compensation and resettlement will not affect the implementation of the land acquisition plan;

(4) The land-using unit shall pay all fees for land acquisition within three months from the date of approval of the land acquisition compensation and resettlement plan.

Article 27 When requisitioning land, the land-using unit shall pay land compensation fees according to the following standards;

(1) Requisition of basic farmland (gardens, fish ponds, and lotus root ponds shall be regarded as basic farmland) ), the compensation shall be eight to ten times the average annual output value of the three years before the cultivated land is expropriated;

(2) If the cultivated land other than basic farmland is expropriated, the compensation shall be based on the average annual output value of the three years before the cultivated land is expropriated. Compensation of six to nine times of the land;

(3) For requisition of pastures and grasslands, compensation shall be seven times of the average annual output value of the land in the three years before requisition;

(4) Requisition of forest land Compensation shall be made in accordance with relevant regulations;

(5) If housing land is requisitioned, compensation shall be based on the compensation standards for adjacent cultivated land;

(6) Vacant land, barren hills, wasteland, and wasteland will be requisitioned If the land is requisitioned, the compensation will be three to six times the average annual output value of the village's cultivated land in the three years before the land is requisitioned;

(7) For requisitioned collective threshing floor, drying field and other production land, compensation will be based on the original land category Standard compensation.

Article 28 When requisitioning land, the land-using unit shall pay resettlement subsidies according to the following standards;

(1) Requisition of basic farmland (gardens, fish ponds, and lotus root ponds shall be regarded as basic farmland) ), the subsidy shall be five to six times the average annual output value of the cultivated land in the three years before requisition;

(2) If cultivated land other than basic farmland is requisitioned, the subsidy shall be based on the average annual output value of the cultivated land in the three years preceding the requisition. Four to five times the subsidy;

(3) For requisitioning pastures and grasslands, a subsidy of five times the average annual output value of the land in the three years before requisition can be provided;

(4) Requisition of forest land Yes, subsidies will be provided in accordance with relevant regulations.

The resettlement subsidy for expropriated cultivated land as stipulated in the preceding paragraph shall not exceed fifteen times the average annual output value of the three years before expropriation per hectare.

No resettlement subsidy will be provided for the requisition of homesteads, vacant land, barren mountains, wasteland, barren beaches, and threshing fields.

Article 29 The average annual output value of the cultivated land in the three years before it is expropriated shall be calculated according to the following methods:

(1) The person whose land was expropriated shall declare to the village committee the cultivation of the cultivated land in the previous three years.

(2) The township (town) people's government and village committee where the land is expropriated shall publish the planting conditions declared by the land expropriated in the village where the land is expropriated, and listen to the opinions of the farmers;

(3) The township (town) people's government and the villagers committee shall verify the declaration status based on the opinions of the farmers;

(4) The land administration department of the people's government at or above the county level where the land is to be acquired shall be based on the opinions of the farmers. The output and output value of the cultivated land in the three years before it was requisitioned and the average annual output value in the previous three years were calculated based on the verified planting conditions, statistical reports of the same period from the statistical department at the same level, and crop prices in the same period.

The calculation method of the average annual output value of other land in the three years before it is expropriated shall refer to the provisions of the preceding paragraph.

Article 30 In accordance with the provisions of Articles 27 and 28 of these Measures, the payment of land compensation fees and resettlement subsidies cannot enable the farmers who need to be resettled to maintain their original living standards. , with the approval of the Provincial People's Government, the resettlement subsidy can be increased. 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.

Article 31 When land is requisitioned, the land-using unit shall pay compensation for attachments and young crops on the requisitioned land according to the following standards:

(1) Buildings, structures, etc. Attachments can be compensated at a discount in accordance with relevant regulations, or attachments of the same quantity and quality can be given;

(2) The output value of young crops shall be calculated based on the output value of no more than one season of crops;

( 3) For trees that can be transplanted under conditions, the labor cost of transplantation and the loss of saplings will be paid. Those that cannot be transplanted will be compensated at a price in accordance with relevant regulations;

(4) Fish, lotus roots and pasture, etc., will be compensated at a price in accordance with relevant regulations.

After the land acquisition compensation plan is announced, no compensation will be given for trees planted unexpectedly and attachments built unexpectedly.

Buildings and other facilities on illegally occupied land will not be compensated.

Article 32 People’s governments at or above the county level shall strengthen the management of the real estate market, establish a land acquisition and reserve system, regulate the total supply of land, and use land supply to guide land demand.

Article 33 The transfer of state-owned land use rights shall be through bidding and auction. However, this is excepted if the State Council and the Provincial People's Government stipulate that the transfer can be carried out by agreement.

Article 34 If the land use rights are obtained through allocation, when transferring real estate, an application shall be submitted to the land administration department of the people's government at or above the county level, and the application shall be made in accordance with the authority specified in Article 25 of these Measures. , submitted for approval. If the transfer is approved, the transferee shall go through the procedures for transferring the land use rights and pay the transfer fee. If the people's government with the approval power decides not to go through the procedures for transferring the land use rights in accordance with the provisions of the State Council, the transferor shall transfer 40% of the proceeds from the transfer of the real estate. Land proceeds are turned over to the state.

If the land use rights are obtained through allocation, when the real estate needs to be mortgaged, it must be evaluated by a qualified land appraisal agency to confirm the land value. After signing a contract with the mortgagee, the mortgagor shall handle the mortgage registration according to regulations. When the mortgagee realizes the mortgage right, he shall pay an amount equal to the land use right transfer fee from the price obtained from the auction of the mortgaged real estate before he can receive priority in repayment.

If a unit that has obtained land use rights through allocation really needs to change the approved land use to engage in production and operation, it shall submit an application to the land administration department of the people's government at or above the county level and report it to the people with the authority to approve it. Government approval. If the change is approved, the land use right transfer procedures must be completed in accordance with the regulations and the land use right transfer fee must be paid, and the land use right change registration must be carried out.

Article 35 If the purchase of public housing or economically affordable housing on the market involves land use rights transactions, the land proceeds must be paid to the land administration department of the people's government at or above the county level in accordance with the law. The competent departments shall turn it over to the national finance.

Article 36 The administrative measures for the valuation of state-owned land use rights as capital contribution or equity participation and the methods for the disposal of state-owned land assets in enterprise restructuring shall be formulated by the Provincial People's Government.

Article 37 If the construction of public facilities and public welfare undertakings in the township (town) village requires the use of land collectively owned by farmers, it shall be reviewed by the township (town) people's government and submitted to the county-level people's government. The land administration department shall submit an application and, with the consent of the people's government at the county level, submit the application to the people's government of the city divided into districts or the regional administrative office for approval.

If a rural collective economic organization uses the construction land determined in the overall land use plan of the township (town) to establish an enterprise or jointly establishes an enterprise with other units and individuals in the form of land use rights, such as equity participation or joint venture, it must It complies with the overall land use plan and is strictly limited to the construction land of cities, villages and towns determined by the overall land use plan; the use of land collectively owned by farmers in this collective economic organization must have annual land use plan indicators, and submit relevant approval documents to the The land administration department of the people's government at the county level shall submit an application, and with the consent of the people's government at the county level, it shall be submitted to the people's government of the city divided into districts or the regional administrative office for approval.

Rural villagers build residences using land collectively owned by farmers of the collective economic organization, which must be reviewed by the township (town) people's government and approved by the people's government at or above the county level.

The collective construction land within the urban planning area shall comply with the overall land use plan and urban planning.

If the above types of land use involve the occupation of agricultural land, the approval procedures for agricultural land conversion shall be handled in accordance with the provisions of these Measures.

Article 38 Those who meet one of the following conditions can apply for the use of homestead land:

(1) Villagers with rural household registration have no homestead land;

< p>(2) Villagers with rural household registration have indeed been divided into households, and the existing homestead land is lower than the standard for household division;

(3) Technical personnel recruited by collective economic organizations have settled in the village;

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(4) If you need to build a residence after being approved to settle down in your place of origin but do not have a homestead;

(5) Due to the needs of the public interest, there will be no homestead after the original homestead is recovered.

Rural villagers who sell or rent out their houses and then apply for homestead land will not be approved.

Article 39: Rural villagers’ homesteads are calculated on a household basis, and one household can only own one homestead. If there is more than one place, you should exit.

The area standards for rural villagers’ homesteads are as follows:

(1) If the per capita cultivated land in plain areas is less than 0.067 hectares, the residential land for each household shall not exceed 133 square meters;

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(2) If the per capita cultivated land is more than 0.067 hectares, and if a residence is built on plain land, the land used by each household shall not exceed 200 square meters; if a residence is built on thin land on a hillside, the area may be relaxed appropriately, but the maximum shall not exceed 266 square meters. square meters.

Article 40 Energy, transportation, water conservancy, mining and other construction projects approved by the State Council and road, pipeline projects and large-scale infrastructure construction projects approved by the Provincial People's Government shall use the cities determined in the overall land use plan. , land within the construction land scale of villages and towns, and if it is really necessary to use land outside the construction land scale of cities, villages, and towns determined by the overall land use plan, it must be strictly controlled.

After an approved key construction project obtains land use rights, the land user shall increase the land utilization rate and shall not leave the land idle.

Article 41 If units and individuals engaged in agricultural, forestry, animal husbandry, and fishery production and operation activities need to occupy land to build permanent buildings or structures, they must go through the construction land approval procedures in accordance with the law.

Chapter 6 Supervision and Inspection

Article 42 The land administration department shall supervise and inspect violations of land management laws and regulations, and investigate and deal with land violation cases in accordance with the law.

Related regulations:

Article 43 The land administration department shall strengthen and improve the land supervision and inspection agency and equip it with qualified full-time (part-time) personnel and necessary case-handling equipment.

Land management supervision and inspection personnel must be familiar with land management laws and regulations, be loyal to their duties, and enforce the law impartially.

Related regulations:

Article 44 If the land administration department refuses to stop ongoing land violations, it may apply to the People's Court for a forcible stop.

Article 45 When the land administrative department supervises and inspects land violations, the public security, courts, supervision, planning, banking, industry and commerce, auditing, taxation and other relevant departments shall provide assistance.

Relevant units and individuals should support and cooperate with the supervision and inspection conducted by the land administration department in accordance with the law, and provide work convenience, and must not refuse or hinder the land management supervision and inspection personnel to perform their duties in accordance with the law.

Chapter 7 Legal Responsibilities

Article 46 If the relevant provisions of these Measures are violated and any of the following circumstances occur, the land administration department of the people's government at or above the county level shall, in accordance with the Land Administration Article 73 of the Management Law provides for punishment; if a fine is imposed, the amount of the fine shall be not less than 5% but not more than 50% of the illegal income:

(1) Failure to transfer land use rights Transfer the allocated state-owned land use rights without authorization and without paying the land use right transfer fee;

(2) When buildings and other attachments on the ground are sold or transferred as real estate, the allocated state-owned land use rights within the scope of their occupation For state-owned land, the land use rights transfer procedures have not been completed in accordance with the law (except when the State Council decides not to proceed) and the land use rights transfer fees have not been paid.

(3) Without authorization, use the allocated state-owned land use rights to trade houses, barter, buy shares at a price, or jointly build or engage in business activities with other units or individuals as conditions for cooperation or joint venture;

< p>(4) Violating legal conditions and transferring land use rights obtained through transfer without authorization;

(5) Other illegal transfers of land as stipulated by laws and regulations.

Related regulations:

Article 47 If any person violates the relevant provisions of these Measures and falls under any of the following circumstances, the land administration department of the people’s government at or above the county level shall, in accordance with the Land Management Law, 》Articles 76 and 77 provide for penalties; if a fine is imposed, if the basic farmland is illegally occupied, the fine shall be between ten yuan and thirty yuan per square meter; if the land other than the basic farmland is illegally occupied, the fine shall be The amount is not less than five yuan but not more than thirty yuan per square meter;

(1) Occupying land without authorization;

(2) Exceeding the approved amount of land, occupying more than

(3) Changing the location of the approved land or using the land within the specified range without authorization;

(4) Exceeding the homestead area standard stipulated in these measures and occupying too much land;

(5) Using various deceptive means such as concealing the area of ??original construction land, falsely reporting the number of registered residents, etc. to obtain approval and illegally occupying land;

(6) Requirements stipulated by laws and regulations Other illegal occupation of land.

Related regulations:

Article 48 If any person violates the relevant provisions of these Measures and falls under any of the following circumstances, his approval document will be invalid and he will be directly responsible for the illegal approval of land requisition and use. The person in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law:

(1) Units or individuals without the right to approve the requisition and use of land illegally approve the occupation of land;

(2) Illegal approval of land occupation beyond the approval authority;

(3) Failure to approve land use in accordance with the purposes determined in the overall land use plan;

( 4) Approval of land occupation and requisition in violation of legal procedures;

(5) Collusion with the land-using unit and concealing the true situation in approving land use;

(6) Others stipulated by laws and regulations Illegal approval of land use.

Land that has been illegally approved and used shall be taken back. If the relevant parties refuse to return it, they shall be punished as illegal occupation of land.

Any party who illegally approves the requisition or use of land and causes losses to the parties shall be liable for compensation in accordance with the law.

Article 49 If state-owned land that should be used with compensation is allocated without authorization, the documents approving the allocation shall be invalid, and the person directly responsible for the illegal approval of land use and other directly responsible persons shall be given administrative sanctions in accordance with the law; If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 50 If a people's government fails to complete the basic farmland protection target management responsibility indicators and cultivated land retention plan indicators for two consecutive years, the superior competent authority or the administrative supervision agency shall impose administrative sanctions on the principal responsible person.

Article 51 Anyone who violates the relevant provisions of these Measures and arbitrarily changes the purpose of the originally approved construction land to engage in production and operation shall be ordered by the land administration department of the people's government at or above the county level to go through the land use rights transfer procedures within a time limit and pay a Land use rights transfer fee; if the application is not completed within the time limit, the land will be ordered to be returned within a time limit, and a fine of not less than ten yuan but not more than thirty yuan per square meter may be imposed.

Article 52: Anyone who violates the relevant provisions of these Measures and has purchased public housing or economically affordable housing on the market involves land use rights transactions and fails to pay the land proceeds to the land administration department of the people's government at or above the county level shall be punished. The land administration department shall order payment within a time limit.

Article 53 If a fine is imposed in accordance with Article 74 of the Land Management Law, the amount of the fine shall be between one and two times the cultivated land reclamation fee.

Related regulations:

Article 54 Anyone who violates the relevant provisions of these Measures and refuses to perform land reclamation obligations shall be ordered by the land administration department of the people's government at or above the county level to make corrections within a time limit; Those who fail to make corrections within the time limit shall be ordered to pay reclamation fees, which shall be used exclusively for land reclamation, and a fine of not less than one time but not more than two times of the land reclamation fees may be imposed.

Article 55 The paid land use fees or other fees stipulated in these Measures must be paid within the prescribed time limit. If payment is not made within the prescribed time limit, the fee will be increased every day from the date of overdue payment. A late payment fee ranging from one thousandth to three thousandths of the outstanding amount will be charged. If the person refuses to pay, the land administration department shall apply to the People's Court for compulsory enforcement.

Article 56 Anyone who violates the relevant provisions of these Measures and fails to apply for land ownership certificate inspection on time shall be ordered by the land administration department of the people's government at or above the county level to apply for inspection within a time limit; if the inspection fails, the county shall The land administrative department of the people's government at or above the provincial level shall order corrections within a time limit. If corrections are not made within the time limit, it shall be reported to the people's government that originally issued the certificate for approval and the certificate shall be announced as invalid.

Article 57 Anyone who violates the relevant provisions of these Measures and refuses or hinders land management supervision and inspection personnel from performing their duties shall be punished by the public security organs in accordance with the relevant provisions of the Public Security Management Punishment Regulations; if it constitutes a crime, he shall be investigated in accordance with the law. criminal responsibility.

Related laws and regulations:

Article 58 If a staff member of the land administration department neglects his duties, abuses his power, engages in malpractice for personal gain, and constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law; it does not constitute a crime. , administrative sanctions will be imposed in accordance with the law.

Chapter 8 Supplementary Provisions

Article 59 The Standing Committee of the Shanxi Provincial People’s Congress is responsible for the interpretation of these Measures.

Article 60 These Measures shall come into effect from the date of promulgation. The "Implementation Measures for Land Management in Shanxi Province" adopted at the 22nd meeting of the Standing Committee of the Sixth People's Congress of Shanxi Province on January 11, 1987 was abolished at the same time.