What is the specific content of document Huang [2002]9 1?

Opinions on the implementation of rural villagers' homestead management in huangyan district

(huangyan district Municipal People's Government Office issued 165438+9 1 on October 20th, 2002, and revised 65438+57 on February 24th, 2003).

Chapter I General Principles

Article 1 In order to strengthen the management of rural villagers' residential land in our district and standardize the procedures for land use examination and approval, this opinion is formulated in accordance with the Land and Land Management Law of People's Republic of China (PRC), the Regulations for the Implementation of the Land Management Law of the People's Republic of China, the Measures for the Implementation of Zhejiang Province, the Measures for the Management of Rural Villagers' Residential Land in Taizhou City and other laws, regulations and policies, and in combination with the actual situation in this area.

Article 2 The term "rural villagers' residential land" as mentioned in this opinion refers to the new construction, relocation, expansion and reconstruction of rural villagers' residential land in this area. Where new construction, relocation, expansion and reconstruction of residential buildings, land use approval procedures shall be handled according to law.

Article 3 The District Bureau of Land and Resources is the administrative organ of rural villagers' residential land in this district, responsible for compiling rural villagers' residential land planning and annual plans, investigating, examining and reporting villagers' applications for residential land, supervising and inspecting the use of residential land, and investigating and handling cases of illegal land use.

The Land Institute established by the District Land and Resources Bureau is responsible for the specific management of rural villagers' residential land within its jurisdiction, mainly dealing with the investigation, pre-examination, approval, piling, completion acceptance, investigation and evidence collection of illegal land use applications.

District planning, planning, construction, judicial and other departments shall, in accordance with their respective responsibilities, cooperate with the departments of land and resources to do a good job in the management of rural villagers' residential land.

Fourth Township People's governments (street offices) shall, in accordance with the provisions of land management laws and regulations, do a good job in land management and supervision within their respective administrative areas.

(1) Support and help villagers' committees (neighborhood committees and economic associations, the same below) to adjust and implement villagers' land for building houses and mediate disputes over homesteads;

(two) strictly review the application for residential land for rural villagers in this area;

(three) to assist the land and resources departments to clean up and urge the demolition of old houses that villagers should demolish, and to cooperate with other related work.

Article 5 The villagers' committee shall, in accordance with the relevant laws, regulations and this opinion, formulate village rules and regulations for the management of homestead in the village. Village rules and regulations need to be discussed and passed by the villagers' meeting or the villagers' representative meeting, and reported to the township people's government (street office) and the district land and resources management department for the record.

Under the guidance of township people's governments (street offices), villagers' committees actively manage the following homesteads: adjusting and implementing villagers' homesteads; Seriously guide and help villagers to truthfully fill out the "Application Form for Rural Villagers' Building Land"; Collect and provide necessary reports; Truthfully explain the details of the villagers' building; Complete the preliminary tasks for residential land users to apply for building qualification; Check and supervise the use of the homestead after approval; Urge the villagers to demolish the demolished old houses as scheduled; Organize and implement the reclamation of the old house base.

Chapter II Plan Management

Sixth rural villagers to build houses should conform to the overall land use planning and the planning of cities, villages and market towns, and make use of the original homestead, village homestead and other non-cultivated land as much as possible, and strictly control the occupation of cultivated land to build houses. Encourage villagers' committees to organize unified construction and joint construction of apartment-style villagers' houses. Within the scope of planned construction land, rural villagers are strictly restricted from building single-family houses.

The scope of planned construction land shall be determined by the District People's Government according to law. Village and town construction planning should be reported to the competent department of district construction planning for approval.

Seventh village market town construction planning should be adapted to local conditions, fully consider the reasonable requirements of the villagers' committee and the villagers' economic affordability; At the same time, we should attach importance to road construction, improve the living environment of villagers, increase green space and beautify the village appearance; Reasonable layout of residential buildings, public facilities and public welfare undertakings, comprehensive consideration of transportation, water supply and drainage, power supply, communications and other facilities.

Article 8 The construction and planning departments shall, according to the requirements of rural modernization, consider the living habits and housing requirements of local rural villagers, and refer to the standard of Taizhou City Planning Management Technical Regulations (Building Management), organize the design of a variety of rural villagers' housing styles suitable for the limited area of various houses for the villagers' committees to choose and determine.

The construction of rural villagers' houses in urban planning areas should be unified in planning, design, construction, supporting and management.

Encourage natural villages to merge and gather in central villages and market towns.

Chapter III Limit Control

Ninth rural villagers can only own a homestead.

Tenth rural villagers to build homestead housing, each homestead (including ancillary buildings, courtyard land) quota standards: small families with less than 3 people, the area is not more than 50 square meters; Arrange 2 middle households with 4-7 people, with an area not exceeding 100 square meter; There are three large families with more than 8 people, and the area does not exceed125m2. Where there are conditions to make use of barren hills and slopes in mountainous areas, each household can increase by 25 square meters.

Eleventh rural villagers in the planned residential areas to participate in apartment-style residential construction, the per capita construction area is controlled within 60 square meters (single family construction area can be relaxed to 120 square meters).

Twelfth floors of collective condominium shall not be less than five floors, and the floor area ratio shall not be less than 1.

Thirteenth rural villagers have homestead-style housing or apartment-style housing, and then apply for apartment-style housing or homestead-style housing, the implementation of household homestead area is proportional to the per capita construction area, sub-item quota control.

(1) Conditions for reapplying for apartment-style residence: The remaining limited area of residential land is above 20m2 (inclusive), and the construction area can be arranged to reach the planned Xing Tao area.

The construction area of apartment-style new residence can be calculated according to the following formula:

Construction area = per capita construction area × number of households ×( 1- existing house homestead area/household homestead quota area)

(2) Conditions for re-applying for homestead: The area of new residential land can be approved to reach the planned area of each residential land.

The formula for calculating the area of the new homestead that can be applied for is:

Homestead area = family homestead limited area ×[ 1- existing apartment building area/(per capita building area× family population)]

Article 14 The family population applying for building houses (including apartments and homestead houses, the same below) shall be calculated according to the household's agricultural registered population. In the following cases, it should be handled with reference:

(a) the only child who has received the "Glory Certificate of the Only Child Parents" is counted as 2. However, those who violate the family planning regulations and have not yet reached the age of 18 are not counted;

(two) the families of active duty conscripts and students (including junior college and technical secondary school) can be included in the population applying for residential land;

(3) For the population who have changed from farming to living due to land acquisition, with valid land acquisition certificates, villagers are arranged to build houses and leave land in the village according to the agreement at the time of land acquisition;

(4) It complies with the provisions of document Huang (1999) 127.

Land (township, town, street office) Rural residents can be included in the number of people applying for residential land with valid certificates issued by the household registration department. However, unless the household registration is moved to the local farmers' residence and then moved to other places;

(5) If an adult woman marries, she shall go through the formalities of registered permanent residence migration in time and be included in the population of her spouse's family applying for residential land; The spouse is an urban resident account, and if I can't move my account due to policy reasons, it can be included in the family population of the original application for residential land. If the man settled in the woman's house, after the transfer formalities in registered permanent residence, it will be included in the population of the woman's family applying for homestead, and the homestead originally used by the man will be restored by the village Committee;

(six) other policies and regulations can be counted as the population applying for building, according to the provisions included in the population applying for building.

Article 15 The retirees, veterans and other people outside the area whose registered permanent residence has been moved back to the local area apply for homestead in the village of origin, with the proof of no house issued by the original unit or the township people's government (street office) where the original registered permanent residence is located, and the area of homestead can be implemented with reference to local villagers' standards. Apply for housing in urban planning area, and arrange apartment-style housing in principle.

Overseas Chinese, compatriots from Taiwan, Hong Kong and Macao and overseas Chinese who have settled in their hometowns apply for building houses, and their homestead area shall be implemented according to local standards and relevant national policies and regulations.

Sixteenth after the divorce, if one party applies for building a house, with the divorce certificate, the sum of the applied residential land area and the residential land area before the divorce shall be implemented according to the quota standard before the divorce; Remarried, according to the new family to apply for residential land.

Before remarriage, if one party's household registration moves back to the original household registration, it can be included in the population of the original family applying for residential land.

Children born in wedlock who apply for residential land should be included in the number of dependents stipulated in legal documents.

Seventeenth to apply for residential land with household conditions:

(a) All children in the family are married and registered separately. Household, must implement the elderly accommodation, when applying for homestead, only allow the elderly to be included in a agricultural registered permanent residence family with children (daughters) to calculate the number of houses, and do not allow separate household applications (except for all children who have moved, married or adopted by their wives);

(2) If there are more than two sons in the family who have not given birth in violation of the family planning regulations or have reached the age of 18, the sons who have reached the legal marriage age can apply for residential land separately.

Eighteenth in any of the following circumstances, the application for homestead shall not be approved:

(a) the existing homestead area has reached the prescribed limit standard;

(two) the sum of the reserved old residential homestead area and the application for planning homestead area exceeds the standard area of household quota;

(three) the application for demolition of the old houses in the non-demolition area or the old village reconstruction area is actually impossible to be demolished;

(4) After 1 July 19831day, the application for homestead after renting, selling or transferring the above-ground buildings in other forms shall not be approved. As a result of special circumstances, with the approval of the competent authority, the homestead area of the original residence can be included in the household land index, and if it meets the conditions and meets the planned homestead area, it is allowed to apply for new homestead;

(five) after all family members apply for approval of the homestead on a household basis, they do not have the household registration conditions and apply for the homestead on the grounds of household registration;

(six) the children are divided into households, and the area of the original homestead reaches the sum of the household quota standards after the household;

(seven) to apply for new construction, expansion and reconstruction of residential land in non-planning areas;

(eight) to apply for homestead in the village (community, neighborhood Committee) where the household registration is not located;

(9) It does not meet the conditions specified in Item 1 in the first paragraph and Item 1 in the second paragraph of Article 13 of this opinion.

Nineteenth the following old houses (calculated according to the vertical projection of the building) are included in the limited land area of the applicant for residential land:

(a) the land occupied by houses inherited or donated according to law;

(2) The occupied area of self-built houses;

(three) the land occupied by family members who have submitted for approval according to law;

(four) in addition to the transfer income, the demolition and resettlement houses (which can be calculated according to the homestead area of the original demolition houses), the housing reform houses, the land occupied by buying houses from others and obtaining property certificates;

(5) After 1999 1 month 1 day, the house has been purchased by the state (calculated according to the homestead area of the house at the time of purchase);

(6) When the owners of the real estate ownership certificate are consistent, the construction area of the apartment building is calculated based on the area confirmed by the real estate ownership certificate. When the title of real estate ownership certificate is inconsistent, the construction area or occupied area shall be calculated with the title of land ownership certificate;

(seven) in line with the household conditions to apply for homestead, the ancestral home must be divided into production, and the area of the divided homestead shall not exceed the standard area of household quota, and go through the formalities for the change and transfer of real estate warrants. Those who have not gone through the transfer formalities shall not apply for household registration. Strictly control the transfer of the right to use the homestead to the wife for adoption or to marry the children outside the village on the grounds of household analysis.

Chapter IV Homestead Management

Article 20 The land used by rural villagers for building houses belongs to the state or collective, and individuals only have the right to use it. The villagers' residential land shall be uniformly adjusted, and individuals must obey the collective unified deployment. The disputed land can be approved by more than two thirds of the members of the villagers' meeting or the villagers' representative meeting, and implemented after being reported to the township people's government (street office) and the agricultural administrative department of the District People's government for approval. No unit or individual may occupy, buy or sell or illegally transfer the homestead in other forms.

If collective land is needed to be requisitioned as state-owned land according to law, it can be provided by administrative allocation or allocation. The transfer of rural villagers' apartments built with state-owned land allocated by the Administration Bureau shall go through the land transfer procedures according to law and pay the transfer fee at 10% of the demarcated land price.

Twenty-first rural villagers to apply for housing construction, the original housing in accordance with the provisions of the village, market town and urban construction planning belongs to the scope of demolition and transformation, should apply for a new old, arrange a homestead.

Twenty-second rural villagers to build houses, in the approval of the new occupation of homestead at the same time should recover the original homestead use rights, and cancel the certificate of land use rights. Rural villagers should demolish their original houses when applying. Poor housing households do have difficulties in life, and I apply. With the approval of the District Bureau of Land and Resources, I can postpone the demolition, dismantle the original house by myself within three months after the completion of the new house, and return the original homestead to the villagers' committee. If I refuse to demolish the old house or return the homestead, the administrative department of land and resources at or above the district level shall order it to be demolished within a time limit and deal with it according to illegal occupation.

Twenty-third the implementation of village, market town and urban construction planning, the need to remove rural villagers' houses, the demolition should be compensated in accordance with the provisions of compensation, and recover the homestead after the house demolition according to law. Farmers who have been demolished meet the requirements for building applications, and arrange new homesteads in accordance with the household quota standards stipulated in Articles 10 and 11 of these Measures.

Demolition of urban residents' housing in urban villages, in principle, to buy or according to the policy of compensation and resettlement apartments.

Article 24 Rural villagers who meet the building conditions and are unable to build new houses can use the swap houses that meet the construction planning in their villages with the consent of the District Bureau of Land and Resources, and the area of the swap homestead is controlled within the quota standard of swap households.

Twenty-fifth rural residential land should pay the relevant taxes and fees in accordance with the regulations, and the construction can be started only after obtaining the construction project planning permit.

Twenty-sixth rural villagers should start construction within one year from the date of obtaining the approval document for building. If the project cannot be started on schedule due to special reasons, it may be appropriately extended with the consent of the District Bureau of Land and Resources, but the longest period shall not exceed one year. If the construction fails to start within the time limit, it shall be reported to the original approval authority for approval and the homestead shall be recovered.

Twenty-seventh rural villagers should build houses in strict accordance with the construction area and location stipulated in the approval documents. Super-area housing and resettlement houses are treated as illegal land use.

After the completion of residential construction, land users shall apply for land registration according to law.

Twenty-eighth land and resources after receiving the application for completion and acceptance, it shall, in conjunction with the construction and planning departments, timely organize the measurement and acceptance. Land registration is granted to those who build houses in strict accordance with the requirements of the approval documents and have demolished the old houses that should be demolished.

Chapter V Construction of Central Villages and Towns

Twenty-ninth the implementation of the central town planning, farmers use collective land outside the village to build houses, under the unified arrangement of the Township People's government (street offices), you can take the following ways:

(a) according to the regulations on household registration management, go through the formalities of urban household registration transfer and move all family members into the village and town where the building is located;

(two) the planning and construction of collectively owned land shall be levied as state-owned land according to law, and the land shall be provided by means of allocation or transfer;

(three) the exchange of collective land ownership, the exchange program is put forward by the two villages through consultation and signed by the Township People's government (street offices), confirmed by the District People's government, and reported to the Municipal People's government for the record;

(four) the old houses in the original village should be completely demolished; In line with the overall land use planning and the planning of villages and market towns, it can be used in villages.

Thirtieth farmers are allowed to jointly build houses in urban planning residential areas with the index of returning farmland, and the land for building houses is provided by administrative allocation or transfer of state-owned land use rights. The maximum land area of each household shall not exceed the standards stipulated in Articles 10 and 11 of these Measures. After farmers enter cities and towns to build houses, all the original homesteads are recovered, and no new homesteads are allowed in any form.

Chapter VI Examination and Approval Procedures

Thirty-first rural villagers homestead, should submit a written application to the village committee where the account is located, and fill out the "Application Form for Rural Villagers Building Land".

Thirty-second after receiving the application for building a house, the villagers' committee shall make a preliminary investigation and verification of the authenticity of the submitted materials, and if the situation is confirmed to be true, it shall be made public after collective discussion. After the announcement, if there is no objection or the objection is not established after verification, the opinions shall be signed on the Application Form for Rural Villagers' Building Land, and the application materials shall be submitted to the local land and resources institute.

Article 33 Where the land and resources are located, after receiving the application materials submitted by the villagers' committee for rural villagers to build residential land, it shall conduct on-site reconnaissance, investigation and evidence collection, and review and submit whether it meets the building conditions, land area, homestead location, completeness and authenticity of the submitted materials, and disposal of old houses within the prescribed time limit.

Article 34 Township People's governments (street offices) shall, according to the requirements of the overall land use planning and town construction planning, be responsible for examining and signing the application for building land for rural villagers under their jurisdiction, and report it to the District Bureau of Land and Resources for examination and approval.

Thirty-fifth District Bureau of Land and Resources shall, after receiving the submitted materials, complete the examination within the prescribed time limit, and make a pre-trial announcement to the applicants who basically meet the conditions of residential land. The announcement period is five working days. Applicants who have no objection to the announcement results should dismantle the demolished old houses in time, and the District Bureau of Land and Resources should report to the District People's Government for approval for applicants who meet the requirements of residential land and have demolished the old houses.

Article 36 After the application for rural villagers' homestead is approved by the District People's Government, the examination and approval authority will issue the approval documents for rural villagers' homestead, and the Township People's Government (street office) will be responsible for posting the examination and approval results in its villages (communities, neighborhood committees).

Thirty-seventh after the approval of rural villagers' residential land, they must pay the relevant taxes and fees to the local land and resources in accordance with the regulations, and obtain the permit for rural villagers to build houses.

Article 38 Where rural villagers' residential land involves the use of agricultural land, in accordance with the provisions of Article 44 of the Land Administration Law of the People's Republic of China, the examination and approval procedures for the conversion of agricultural land shall be handled in advance according to law.

Chapter VII Supervision and Inspection

Article 39 The District Bureau of Land and Resources and its subordinate land and resources shall have the responsibility to supervise and inspect the use of homestead and the violation of land management laws and regulations.

(a) require the inspected individual to provide documents and materials related to the examination and approval of land use, and consult or copy them;

(2) Requiring the inspected individual to actively cooperate with the completion of the investigation record;

(three) to enter the site of the land illegally occupied by the inspected individual for investigation;

(four) to order individuals who illegally occupy land to stop violating land management laws and regulations.

Fortieth land management supervision and inspection personnel, when performing official duties, need to enter the site for investigation, and ask individuals to provide documents, materials and explanations, they should show their land management supervision and inspection certificates.

Forty-first individuals should support and cooperate with the land management departments in the supervision and inspection of land violations, and provide convenience for their work, and may not refuse or hinder the land management supervisors from performing their duties according to law.

Forty-second land management departments in the supervision and inspection work found that villagers in the village-level housing shelter or conceal violations of land management laws, regulations and policies, will be held accountable and punished accordingly.

Chapter VIII Legal Liability

Forty-third rural villagers are not allowed to build walls around their houses without approval, and offenders are investigated and dealt with according to the relevant provisions of the Land Management Law of the People's Republic of China.

Forty-fourth illegal transfer of homestead by buying and selling houses or other forms, the illegal income shall be confiscated by the land and resources management department at or above the district level; Violation of the overall land use planning, unauthorized conversion of agricultural land into construction land, demolition of new buildings and other facilities on illegally transferred land within a time limit, and restoration of land to its original state; In line with the overall land use planning, the newly built buildings and other facilities on the illegally transferred land shall be confiscated and a fine may be imposed.

Article 45 If rural villagers illegally occupy land to build houses without approval or by deception, the administrative department of land and resources at or above the district level shall order them to return the illegally occupied land and dismantle the newly built buildings on the illegally occupied land within a time limit.

If the building exceeds the approved area, the occupied land will be punished as illegal occupation.

Forty-sixth parties ordered to dismantle houses or illegal buildings within a time limit must immediately stop work and dismantle them themselves.

Article 47 If a party refuses to accept a specific administrative act made by the administrative department of land and resources, it may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.

Article 48 Any staff member of the administrative department of land and resources who neglects his duty, abuses his power or engages in malpractices for selfish ends shall be dealt with in accordance with the Interim Measures for Administrative Punishment of Acts in Violation of Land Management Provisions; If a crime is constituted, criminal responsibility shall be investigated by judicial organs.

Forty-ninth units and individuals that provide false certification materials shall be investigated for the responsibility of the unit's competent personnel, responsible persons and individuals.

Chapter IX Supplementary Provisions

Fiftieth rural villagers homestead approval projects and standards involving tax collection, according to the documents approved by the price department.

Fifty-first this opinion is explained by the District Legislative Affairs Office.

Fifty-second this opinion shall come into force as of the date of promulgation, and all the regulations on rural villagers' residential land formulated by the former district government shall be abolished at the same time.

Keywords: Notice on the Management of Urban and Rural Residential Land

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Cc: all departments of the District Committee, District People's Congress Office, District Political Consultative Conference Office, District People's Armed Forces Department, District Court and District Procuratorate.

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Taizhou huangyan district Municipal People's Government Office issued1October 25th, 2002 165438.

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Content:

Basis of relevant laws, regulations and rules

1, Articles 59 and 62 of the Land Administration Law of the People's Republic of China;

2. Articles 35, 36, 37 and 38 of the Measures for the Implementation of the Land Management Law of the People's Republic of China in Zhejiang Province;

3. The full text of the measures for the administration of rural villagers' residential land in Taizhou;

4. The full text of "Implementation Opinions on Rural Villagers' Homestead Management in huangyan district".

List of materials to be submitted for applying for administrative licensing matters

1, construction land report;

2, construction land planning permit

3 copies of the original household registration certificate, one-child certificate, original land use certificate and house ownership certificate issued by the household registration department in that year, and the original or copy of the household registration book;

4. Other relevant valid documents.

operation sequence/order

1, accepted;

2. Reconnaissance audit;

3. Report for approval.

Completion period

Report within 25 working days