Yunnan Province Land Management Implementation Measures (Trial)

Chapter 1 General Provisions Article 1 In order to strengthen land management, maintain the socialist public ownership of land, protect and develop land resources, rationally utilize land, and effectively protect cultivated land, in accordance with the "Land Regulations of the People's Republic of China and the People's Republic of China" These Measures are formulated in accordance with the "Land Management Law" (hereinafter referred to as the "Land Management Law") and the actual situation of our province. Article 2: These Measures apply to all land within Yunnan Province. Any unit or individual using land must implement the Land Management Law and these Measures. Article 3 Land is a precious resource of the country. It is a basic national policy of our country to cherish and rationally utilize land.

People's governments at all levels should adopt comprehensive administrative, economic and legal means to uniformly manage and use land in accordance with the law, protect cultivated land, maintain drainage and irrigation engineering facilities, improve soil, increase soil fertility, prevent and control water and soil erosion, and stop abandonment, Destruction of cultivated land. It is strictly prohibited to occupy farmland randomly and abuse the land. Article 4 People's governments at or above the county level shall set up land management departments to be responsible for the unified management of land within their respective administrative regions.

The county people's government appoints land administrators to be responsible for land management in districts (towns) and assists township (town) people's governments in managing land within their own administrative areas. Article 5 The main responsibilities of the land management departments of the people's governments at or above the county level:

(1) Promote and implement the state's laws, regulations, guidelines and policies related to land;

(2) ) Responsible for the survey, registration, statistics and certification of land in the region;

(3) Responsible for reviewing, reporting and approving the expropriation and allocation of land in the region;

(4) Organize relevant departments to prepare an overall plan for land development and utilization in the region;

(5) Supervise, inspect, and coordinate the land use in the region;

(6) Stop the indiscriminate occupation and abuse of farmland, investigate and handle cases of illegal land occupation together with relevant departments, mediate and resolve land disputes;

(7) Unify the collection of various land management fees, and Supervise and inspect the usage;

(8) Participate in the site selection and preliminary design review of urban and rural construction projects, and participate in the acceptance of the completed project;

(9) Handle Reward and punishment matters. Chapter 2 Ownership and Use Rights of Land Article 6 Land in urban areas is owned by the whole people, that is, by the state.

Land in rural areas and urban suburbs, except for state ownership as stipulated by law, is collectively owned; homesteads, private land, and private hills are collectively owned. Article 7 Land owned by the whole people or collectively can be designated for use by units or individuals in accordance with the law. Units and individuals that use land have the obligation to protect, manage and rationally utilize the land. Article 8 Collectively owned land is collectively owned by village farmers in accordance with the law, and is operated and managed by agricultural collective economic organizations such as village agricultural production cooperatives or village committees. If it is already owned by township (town) farmer collective economic organizations, it can be owned by township (town) farmers. ) collectively owned by farmers.

If the land collectively owned by farmers in a village has been owned by more than two agricultural collective economic organizations in the village, it can be collectively owned by farmers of each agricultural collective economic organization. Article 9 Collectively owned land shall be registered and registered by the land management department of the people's government at the county level, and a "Land Ownership Certificate" shall be issued to confirm its ownership.

State-owned land used by the whole people, collectively owned units and individuals in accordance with the law shall be registered and registered by the land management department of the people's government at or above the county level, and a "Land Use Certificate" will be issued to confirm their right to use it.

If you change the ownership or use rights of land in accordance with the law, you must go to the land management department to go through the ownership change registration procedures and replace the certificate. Article 10: Land ownership and use rights are protected by law and may not be infringed upon by any unit or individual. Land owned by the whole people and collectively (including private land, private land, contracted land, homestead land, etc. used by villagers, the same below) is not allowed to be sold, rented or illegally transferred in other forms.

Collectively owned land used by villagers and state-owned land used by units and individuals can only be used according to prescribed purposes and cannot be changed at will. Article 11 Disputes over land ownership and use rights shall be settled through negotiation between the parties; if the negotiation fails, they shall be handled according to the following procedures:

(1) If the two parties to the dispute are in the same township (town), the dispute shall be settled by the township (town) where they are located. ) People's Government shall handle it;

(2) If the two parties to the dispute do not belong to the same township (town) but are in the same county (city), they shall be handled by the land management department of the county (city) where they are located;

(3) If the two parties to the dispute do not belong to the same county (city), but are in the same place, state, or city, the relevant county (city) land management department shall negotiate and handle it. If the negotiation fails, the land management department of the place, state, or city shall submit a request for land. The management department shall handle it;

(4) If the two parties to the dispute do not belong to the same place, state, or city, the matter shall be resolved through consultation by the relevant land management departments of the place, state, or city. If negotiation fails, the matter shall be reported to the provincial land management department for handling.

If the parties to the dispute are dissatisfied with the decision of the relevant people's government or land management department, they may file a lawsuit in the People's Court within 30 days from the date of receiving the notification of the decision.

Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of the land or destroy attachments on the land.

Chapter 3 Utilization and Protection of Land Article 12 The land management departments of the people's governments at or above the county level shall establish land survey and statistical systems, and prepare overall land use plans in conjunction with relevant departments. The overall land use plans shall comply with the land planning. Urban planning should be coordinated with the overall land use plan. Within urban planning areas, land use should comply with urban planning.

In the safety planning areas of rivers and lakes, land use should comply with the comprehensive development and utilization plan of rivers and lakes.

Agriculture, forestry, animal husbandry, fishery and water conservancy management units at all levels shall formulate their own land use plans based on local overall land use plans and local conditions.