Measures for the Administration of Rural Homestead in Chongqing

1. Law of the People's Republic of China on Land Management: Article 8 Land in urban areas 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. Sixty-second rural villagers can only own one homestead, and the area of their homestead shall not exceed the standards stipulated by provinces, autonomous regions and municipalities directly under the central government. Rural villagers to build houses should conform to the overall land use planning of townships (towns), and try to use the original homestead and village Uchikoga. Rural villagers' residential land shall be audited by the township (town) people's government and approved by the people's government at the county level; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law. If a rural villager sells or rents a house and then applies for a homestead, it shall not be approved. 2. Each province has relevant implementation measures or regulations formulated according to the Land Management Law. For example, the Measures of Shandong Province for Implementing the Law of the People's Republic of China on Land Management stipulates that Article 43 A rural villager can only own one homestead. When rural villagers build houses, they must conform to the overall land use planning of townships (towns), make full use of the original homestead, village Uchikoga land and hillside wasteland in combination with the transformation of old villages, and strictly control the occupation of agricultural land. The area limit of new homestead is: (1) the location of urban suburbs and townships (towns), and the area of each household shall not exceed 166 square meters; (two) villages in plain areas, the area of each household shall not exceed 2 square meters. Villages built on saline-alkali land and wasteland may be appropriately relaxed, but the maximum amount shall not exceed 264 square meters; (three) in mountainous and hilly areas, the village site is on the plain, and the area of each household is 132 square meters; On the thin land on the hillside, the area of each household can be appropriately relaxed, but it shall not exceed 264 square meters at most. If the per capita possession of cultivated land is less than 666 square meters, the area of each household's homestead can be lower than the limit specified in the preceding paragraph. The people's government at the county level may, according to local specific conditions, formulate the standard of homestead area within its administrative area within the limits specified in the second paragraph of this article. Forty-fourth rural villagers who meet the following conditions can apply for the use of homestead: (1) because of marriage and other reasons, it is really necessary to build a new house to separate households; (two) the original residence affects the town planning and needs to be relocated; (three) approved by the people's governments at or above the county level to return to their places of origin, and there is no housing in rural areas; (four) other conditions stipulated by the people's governments at or above the county level. Forty-fifth rural villagers to build houses, I put forward an application for land use, after discussion and consent by all members of the villagers' meeting or rural collective economic organizations, the township (town) people's government for review, submitted to the land administrative department of the people's government at the county level for review, and approved by the people's government at the same level. Among them, those who occupy agricultural land shall go through the examination and approval procedures for the conversion of agricultural land in accordance with the provisions of Article 44 of the Land Administration Law. Article 46 If a rural villager has more than two homesteads, the villagers' committee or the rural collective economic organization may take back the surplus homesteads according to law and arrange them for use in a unified way. If there are ground attachments, appropriate compensation shall be given, and the compensation standard shall be determined by the villagers' meeting; It can also be used for compensation, but if the house is damaged and cannot be used, the redundant homestead must be withdrawn. To recover and withdraw the homestead, it shall go through the formalities for cancellation of registration of collective land use right according to law. 3. the State Council's Decision on Deepening Reform and Strict Land Management (Guo Fa [221] No.28) stipulates: "Reform and improve the system of house site examination and approval, strengthen the management of rural house sites, and prohibit urban residents from purchasing house sites in rural areas." 4. The notice issued by the Ministry of Land and Resources (No.234 [221] of the Ministry of Land and Resources) stipulates that in order to effectively implement the Decision of the State Council on Deepening Reform and Strict Land Management (No.28 [221] of the Ministry of Land and Resources), further strengthen the management of rural homestead, correctly guide the construction of rural villagers' houses, save land and effectively protect cultivated land, the following opinions are put forward: 1. All localities should, in combination with the revision of the overall land use planning, pay close attention to the preparation and improvement of the overall land use planning for townships (towns), and reasonably determine the number, layout, scope and scale of small towns and rural settlements in accordance with the general requirements for overall arrangement of urban and rural construction land and the general principles of controlling increment, rational layout, intensive land use and protecting cultivated land. The approved master plan for land use in townships (towns) shall be announced. Land and resources management departments should actively cooperate with relevant departments, and do a good job in village and town construction planning within the scope of the identified land for village and town construction. (two) strictly control the construction land of villages and towns according to the plan. All localities should take effective measures to guide rural villagers' housing construction to be gradually concentrated in small towns and central villages in a planned and planned way. For the construction of rural villagers' houses in urban planning areas, we should focus on the construction of farmers' residential quarters to prevent the formation of new "villages in the city" and avoid "secondary demolition". For the construction of rural villagers' houses outside the urban planning area, in accordance with the requirements of urbanization and intensive land use, we will encourage the centralized construction of farmers' new villages. Within the scope of the planned merger of villages, except for the renovation of dangerous houses, the examination and approval of new construction, reconstruction and renovation of houses will be stopped. (3) Strengthen the planned management of rural homestead land. The occupation of agricultural land by rural homestead should be included in the annual plan. Provinces (autonomous regions and municipalities) can add the planned indicators of rural residential land occupation of agricultural land in the annual plan indicators issued to counties (cities) for urban and rural construction. The planned index of rural homestead occupying agricultural land should be linked to the newly increased cultivated land area of rural construction land consolidation. After the county (city) land and resources management department checks and approves the newly-increased cultivated land area, it should give priority to the allocation of the same amount of agricultural land conversion indicators in the overall annual plan indicators for farmers' housing construction. The administrative department of land and resources of the people's government at the provincial level shall strengthen the supervision and inspection of the implementation of the annual plan for the occupation of agricultural land by rural homesteads in counties (cities), and shall not grant land beyond the plan. Counties (cities) should report the implementation of the plan of rural homestead occupying agricultural land to the land and resources management department of the provincial people's government for the record at the end of each year. Second, reform and improve the system of examination and approval of rural residential sites, and standardize the examination and approval procedures. All provinces (autonomous regions and municipalities) should adapt to the characteristics of farmers' housing construction and reform the examination and approval methods for rural villagers to occupy agricultural land for housing construction in accordance with the principles of strict management, improving efficiency and benefiting the people. Counties (cities) can apply to provinces (autonomous regions and municipalities) or cities divided into districts and autonomous prefectures for approval of agricultural land conversion at the beginning of each year according to the planned indicators of rural residential land occupation issued by provinces (autonomous regions and municipalities) and the actual needs of rural villagers' housing construction, and the county (city) will approve the supply of residential land on a case-by-case basis after being approved according to law. For rural villagers' residential construction, the use of village Uchikoga land, old homestead and unused land shall be reviewed by the village and township (town) step by step, and approved by the county (city) in batches, and implemented by the township (town) case by case. (5) Strict application conditions for homestead. Resolutely implement the legal provisions of "one household, one house". A rural villager can only own one homestead, and the area shall not exceed the standards set by provinces (autonomous regions and municipalities). All localities should formulate unified rural homestead area standards and homestead application conditions in light of local conditions. Do not meet the application conditions, shall not approve the homestead. Rural villagers who sell, lease or give their original houses to others and then apply for homestead shall not be approved. (six) standardize the application and approval procedures for rural residential sites. Rural villagers need to use homestead for building houses, they should apply to the collective economic organizations, and post them in the collective economic organizations or villagers' groups. If there is no objection at the expiration of the announcement period, it shall be reported to the township (town) for examination and approval, and then to the county (city) for approval. The homestead approved according to law, rural collective economic organizations or villagers' groups shall timely post the approval results. All localities should standardize the examination and approval behavior, improve the system of public affairs, and provide quality services. County (city) and township (town) shall announce the application conditions, application and approval procedures, approval time limit, approval authority and other relevant regulations and annual land use plan to the public. (seven) improve the homestead management system. In the process of homestead approval, the township (town) land and resources management should be "three present". That is, after accepting the application for homestead, it is necessary to go to the field to examine whether the applicant meets the conditions and whether the proposed land meets the planning; After the homestead is approved according to law, it should be measured and released on the spot; After the villagers' houses are completed, they should go to the field to check whether the land is used in accordance with the approved area and requirements. All localities are not allowed to collect paid land use fees for new construction land from farmers in the approval of homestead. (eight) to strengthen the rural homestead registration and certification work. City and county land and resources management departments should speed up the rural homestead land registration and certification work, so that homestead land registration and certification to households, the content is clear, and earnestly safeguard the legitimate rights and interests of farmers. It is necessary to strengthen the change registration of rural homestead, change one case and register one case, give full play to the role of cadastral archives in the supervision and management of homestead, and effectively guarantee the implementation of the legal system of "one household, one house". It is necessary to mediate disputes over the ownership of homesteads in accordance with the law and in a timely manner to maintain social stability. Third, actively promote the consolidation of rural construction land and promote the intensive use of land (9) actively promote the consolidation of rural construction land. Counties, cities and townships (towns) should, according to the overall land use planning, combine the implementation of the small town development strategy and the "village-to-village" project, scientifically formulate and implement the plan of village transformation and merger, actively promote the consolidation of rural construction land, improve the level of urbanization and the intensive use of rural land, and strive to save the use of collective construction land. Rural construction land consolidation should be carried out in a planned, planned, step-by-step and active and steady manner in accordance with the principle of "planning first, policy guidance, villagers' voluntary participation and diversified investment". (1) Increase the efforts to revitalize the existing construction land. All localities should organize the investigation and clean-up of "hollow villages" and idle homesteads, vacant houses and "one household with multiple houses" according to local conditions. Formulate plans, plans and policies and measures for digestion and utilization, and intensify efforts to revitalize existing construction land. Rural villagers should make full use of village Uchikoga land, old homestead, wasteland and abandoned land when building, rebuilding and expanding their houses. Where there are Kugaji and old homestead unused in the village, the occupation of cultivated land shall not be approved. The use of village Uchikoga, the old homestead to build residential, but also must conform to the planning. For "one household with multiple houses" and vacant houses, all localities should formulate incentive measures to encourage farmers to vacate redundant homesteads. Where a new house should be withdrawn from the old house base, measures such as signing a contract should be taken to ensure that the old house is demolished on schedule and the old house base is handed over. (eleven) increase investment in rural construction land consolidation. County (city) and township (town) should organize village collective economic organizations or villagers' groups to supplement the cultivated land occupied by farmers' homesteads. Provinces (autonomous regions, municipalities), cities and counties should take out some funds from the land transfer fees for agricultural land development, paid land use fees for new construction land, and cultivated land reclamation fees for rural construction land consolidation to increase the cultivated land area and ensure that the cultivated land area does not decrease. Four, strengthen the publicity and education of the legal system, strict law enforcement (12) to strengthen the publicity and education of land legal system and national policy. Land and resources management departments at all levels should carry out in-depth and sustained publicity and education activities, widely publicize the national policies, regulations and policies of land, raise the awareness of cadres and the masses to abide by land laws and cherish land, and enhance the consciousness of managing land use according to law, intensive land use and protecting cultivated land. (thirteen) strict daily supervision and control system. All localities should further improve and perfect the dynamic inspection system, effectively strengthen the daily supervision of rural villagers' residential construction land, and timely discover and stop all kinds of land violations. It is necessary to focus on strengthening the supervision and management of rural homestead in urban-rural fringe areas. It is strictly forbidden for urban residents to purchase homestead in rural areas, and it is strictly forbidden to issue land use certificates for houses purchased and illegally built by urban residents in rural areas. It is necessary to strengthen the township (town) land and resources management institutions and functions, and give full play to the role of township (town) land and resources management in homestead management. Actively explore effective measures to prevent land violations and give full play to the supervisory role of the public. For serious violations, it is necessary to publicly expose them and educate the masses with typical cases. Legal objectivity:

Article 13 of the Measures for the Administration of Rural Homestead may apply for a homestead under any of the following circumstances: (1) It needs to be relocated or rebuilt due to national or collective construction, migration, disaster and so on; (two) the implementation of city, village and market town planning or the transformation of old villages, the need to adjust the demolition; (three) the existing homestead area has not yet reached the limit standard stipulated in these measures and needs to be rebuilt or expanded; (four) have the conditions of household and the original homestead area has not yet reached the limit standard stipulated in these measures and needs to be rebuilt or expanded; (five) with the approval of the county people's government, the professional and technical personnel introduced or recruited by the rural collective economic organizations really need to settle down in the countryside; (six) retired, retired workers, demobilized soldiers and overseas Chinese, relatives of overseas Chinese, Hong Kong, Macao and Taiwan compatriots with legal certificates to settle in their original places; (seven) as otherwise provided by laws, regulations and rules.