Article 1 These Measures are formulated for the implementation of the Land Administration Law of the People's Republic of China (hereinafter referred to as the Land Administration Law) and the Implementation Regulations of the Land Administration Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations) in light of the actual situation of this province.
Article 2 Land is a valuable resource and an important asset of the country. It is a national policy that China must adhere to for a long time to cherish and make rational use of land and effectively protect cultivated land. People's governments at all levels must strengthen land management, safeguard public ownership of land, protect and develop land resources, and stop indiscriminate occupation and abuse of land.
Article 3 These Measures shall apply to all land use and management activities within the administrative area of Yunnan Province, and all units and individuals must implement the Land Management Law, the implementing regulations and these Measures.
Fourth provincial people's government land management department in charge of the unified management of the province's land. The land management departments of the people's governments of autonomous prefectures, cities and counties (districts) under the provincial jurisdiction are in charge of the unified management of land within their respective administrative areas.
The township (town) people's government shall be responsible for the land management within its administrative area, and set up land management institutions or land management personnel according to the needs of the work.
Article 5 The main duties of the land administration departments of the people's governments at or above the county level are:
(a) to publicize and implement the national land laws and regulations;
(two) unified management of land resources, land market and urban and rural cadastre and land management within their respective administrative areas;
(three) the preparation of land use and land reserve resources development planning;
(four) unified examination, requisition and allocation of construction land, responsible for the organization, coordination, approval and implementation of the land use right transfer plan;
(five) to deal with land ownership disputes and implement land supervision.
Sixth people's governments at or above the county level shall commend and reward the units and individuals that have made remarkable achievements in implementing the land management law, the implementation regulations and these measures.
Chapter II Ownership and Use Right of Land
Article 7 The determination of land ownership and use right shall be carried out in accordance with the provisions of the Land Administration Law and its implementing regulations.
The ownership and use right of land shall be protected by law, and no unit or individual may infringe upon it.
Eighth state-owned land use certificate, collective land ownership certificate and collective land construction land use certificate issued by the people's governments at or above the county level.
Article 9 Disputes over land ownership and use rights shall be handled in accordance with Article 13 of the Land Administration Law and Article 8 of the Implementation Regulations.
Chapter III Utilization and Protection of Land
Article 10 The land administration department of the people's government at or above the county level shall, jointly with the relevant departments, work out the overall land use plan, which shall be submitted to the people's government at the next higher level for approval and implementation after being audited by the people's government at the same level.
The overall land use planning at the township level shall be organized by the people's government at the township level and submitted to the people's government at the county level for approval and implementation.
Changes in the overall land use planning must be approved by the original approving authority.
Eleventh land management departments of the people's governments at or above the county level shall, in accordance with the unified provisions of the state, jointly with relevant departments, organize land surveys and statistics within their respective administrative areas, and conduct dynamic monitoring of land use. Statistical data of land survey shall not be changed without authorization.
Article 12 The following lands shall be protected:
(a) the land in nature reserves, scenic spots, important geological relics and cultural relics protection areas approved by the State Council and the provincial people's government;
(two) railways, highways, airports and water conservancy, electric power engineering and other important facilities;
(three) important military facilities, scientific experimental bases and school land;
(four) the basic farmland protection areas designated by the people's governments at or above the county level and the famous, special and excellent agricultural products and urban vegetable production bases.
No unit or individual may, without authorization, divert the key protected land specified in this article for other purposes. National construction must be strictly controlled and approved by the people's governments at or above the state (city). Except as otherwise provided by law.
Article 13 People's governments at all levels shall, in accordance with the overall land use planning, encourage and support collectives and individuals to develop barren hills, wasteland, beaches and scattered, idle and abandoned land on the premise of being conducive to afforestation, ecological balance and soil and water conservation and in accordance with the principle of paid use. Deforestation is prohibited.
Article 14 The development of state-owned barren hills, wasteland and beaches for agricultural, forestry, animal husbandry and fishery production shall be approved in accordance with the following authorities:
(a) one-time development 1000 mu, approved by the county (city) people's government;
(two) a one-time development 1000 acres or more, less than 5000 acres, approved by the people's government of the autonomous prefecture or city;
(three) a one-time development of more than 5000 acres, less than 10000 acres, approved by the provincial people's government.
The development of non-agricultural construction land shall be handled in accordance with the relevant provisions of Chapter IV and Chapter V of these Measures.
Fifteenth approved use of arable land or other land with income for non-agricultural construction, without the consent of the original approval authority, more than 1 year unused, 4 times the annual output value of the land barren fee; If the land has not been used for more than 2 years, the barren fee of 4 times the annual output value of the land will be levied, the land use right of the land-using unit will be recovered, and the land use certificate will be cancelled.
Cultivated land or other profitable land approved for non-agricultural construction, which is idle and barren due to digging ditches or building stone feet and fences, shall be handled in accordance with the provisions of the first paragraph of this article.
The state-owned land waste fee is collected by the land management department of the county (city) people's government, and the collective land waste fee is collected by the township (town) people's government. The barren fee shall be used for land development and renovation, and shall not be used for other purposes.
Cultivated land contracted by collectives or individuals shall not be changed at will, except that the construction approved by the state must be requisitioned according to law. Because of lazy farming (except rotation fallow) for more than 1 year, the rural collective economic organizations shall recover the land use right and contract it out to collectives or individuals with operational ability to farm.
Article 16 Where mining, earth borrowing, sand digging and brick burning are approved on the land, after the land is used, the land-using unit or individual shall be responsible for reclamation in accordance with the requirements of the Regulations on Land Reclamation of the State Council, and the land administration department of the people's government at or above the county level shall, jointly with relevant departments, conduct acceptance and recovery of the reclaimed land.
Seventeenth the construction of cemeteries, cemeteries and graves for special reasons, to unified planning, strict control, after examination and approval. Appropriate use of barren hills and wasteland, prohibit the occupation of cultivated land and forest land.
Eighteenth city, township (town) village construction land planning, should be combined with the transformation of old cities, old villages and towns, make full use of the original homestead and learning car.
Article 19 Where the right to use state-owned land is recovered in accordance with Article 19 of the Land Management Law, the land management department shall report it to the people's government at or above the county level for approval in accordance with the examination and approval authority stipulated in these Measures, and cancel the state-owned land use certificate.
The recovered state-owned land shall be allocated or sold to units and individuals that meet the conditions of use according to the prescribed examination and approval authority, and may also be temporarily lent to farmers for paid farming. Permanent buildings and perennial crops shall not be built on the land temporarily borrowed for cultivation, and shall be returned on time when necessary for national construction. If there are young crops at the time of return, the compensation fee for young crops shall be paid.
Chapter IV Land for National Construction
Twentieth national construction land, take the allocation of state-owned land use rights and transfer of state-owned land use rights in two ways. State organs, armed forces, people's organizations and institutions shall build office buildings, public facilities, land for public welfare undertakings and land for industrial construction invested by the state, and supply them by means of allocation; Other construction land should be supplied by transferring the right to use state-owned land.
If it is necessary to requisition collectively owned land or use state-owned land for national construction, it must be a construction project approved to be included in the national fixed assets investment plan or other projects permitted by the state.
Twenty-first national construction land requisition, the land management department of the people's government at the county level unified organization for land acquisition procedures.
Approved land, land units shall not change the use without authorization. If it is really necessary to change, it must go through the examination and approval procedures again.
If it is necessary to change the original use of the land or the right to use the land by building, rebuilding or dismantling houses and other facilities on state-owned land in the city, it shall go through the registration formalities with the land management department.
Twenty-second state-owned agricultural, forestry, animal husbandry, fishing grounds and water conservancy units, using the land used by their own units to engage in non-agricultural construction (including employee housing), shall go through the approval procedures in accordance with the provisions of Article 23 of these measures.
Twenty-third allocation, expropriation of land, the transfer of state-owned land use rights and the use of collective land for agricultural water conservancy construction approval authority:
(1) If the cultivated land is less than 3 mu and the other land is less than 10 mu, it shall be approved by the people's government at the county level and reported to the people's government of the autonomous prefecture or city for the record. The total amount of cultivated land and other land approved for requisition each time shall not exceed 10 mu.
(II) Cultivated land of 3 mu or more 10 mu or less, and other land of 10 mu or more 10 mu or less, shall be approved by the people's governments of autonomous prefectures and cities under the provincial jurisdiction and submitted to the provincial people's government for the record. The total amount of cultivated land and other land approved for requisition each time shall not exceed 100 mu.
(3) The cultivated land exceeds 100 mu and is less than 1000 mu, and other land exceeds 100 mu and is less than 2,000 mu, which shall be approved by the provincial people's government. The total amount of cultivated land and other land approved by the provincial people's government each time shall not exceed 2000 mu.
Twenty-fourth land expropriation compensation standards:
(a) the expropriation of vegetable fields and paddy fields shall be compensated by 6 times the average annual output value of the cultivated land in the three years before the expropriation (the same below); Economic crops, gardens, fish ponds, lotus ponds and reed ponds are compensated by 5 times; Leixiangtian, dry land and economic forest land are compensated by 4 times; Rotation rest land, bamboo forest land, pasture and grassland are compensated by 3 times.
(two) the expropriation of wasteland cultivated for 3 to 5 years shall be compensated according to the compensation standard for dry land; Expropriation and reclamation of wasteland less than 3 years, according to the annual output value of 3 times the compensation, and compensation for development investment.
(three) the expropriation of collective threshing floor, threshing floor and other production land, according to the original compensation standard and the cost of building a field compensation.
(four) the compensation standards for the allocation of state-owned agricultural, forestry, animal husbandry and fishery land for national construction shall be handled in accordance with the provisions of this article.
Expropriation of unproductive land will not be compensated.
Twenty-fifth land acquisition and resettlement subsidy standards:
(1) The per capita arable land (including land parcels, the same below) 1 mu or per capita vegetable plot of the land-expropriated unit is more than 5 points, and the resettlement subsidy for each agricultural population in need of resettlement is twice the annual output value of the expropriated arable land and vegetable plot per mu. If the per capita arable land of the land-expropriated unit is less than 1 mu or the per capita vegetable field is less than 5 points, the resettlement subsidy for each agricultural population in need of resettlement is 3 times the annual output value of the expropriated arable land and vegetable field per mu. The resettlement subsidy for cultivated land and vegetable fields per mu shall not exceed 10 times of its annual output value.
(two) the resettlement subsidy for the requisition of garden, fish pond and lotus pond is 5 times of the annual output value of the land and pond per mu.
(three) the resettlement subsidies allocated by the state to state-owned agriculture, forestry, animal husbandry and fishing grounds are three times the annual output value of the land per mu.
Requisition of collective homestead, woodland, new cultivated land and allocation of state-owned land shall not pay resettlement subsidies.
The number of agricultural population to be resettled (excluding the registered permanent residence moved in after negotiation of land acquisition scheme) shall be calculated according to the number of expropriated cultivated land divided by the per capita cultivated land area before land acquisition.
Article 26 If the land compensation fee and resettlement subsidy are paid in accordance with the provisions of Article 24 and Article 25 of these Measures, and the original living standard of the masses cannot be maintained, or the land has been expropriated and the per capita cultivated land after land acquisition is insufficient 1 minute, the resettlement subsidy may be appropriately increased with the approval of the provincial people's government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 20 times of the annual output value of the expropriated land.
Twenty-seventh expropriation of land with attachments, according to the following standards to pay compensation:
(a) there are young crops on the expropriated land, which are generally not allowed to be eradicated. If it is really necessary to eradicate it, compensation shall be given according to the actual output value of crops in that year.
(2) If the houses on the expropriated land need to be demolished, compensation shall be made by combining property right exchange with pricing compensation or by combining property right exchange with pricing compensation. Property rights exchange area is calculated according to the construction area of the demolished house. The amount of pricing compensation is combined into a new calculation according to the replacement price of the construction area of the demolished house.
(three) the compensation standard for the demolition of graves, scattered trees (including fruit trees) and special cash crops on the expropriated land shall be stipulated by the state (city) people's government.
(four) the land management department issued a notice of land acquisition after the construction of the ground attachments and underground facilities, no compensation.
Article 28 Whoever requisitions vegetable fields in the suburbs of cities shall pay a new vegetable field development fund, which shall be managed by the people's governments of autonomous prefectures, cities under provincial jurisdiction and counties (cities) in a unified way and used for special purposes. Xishan District and Guandu District of Kunming City pay 20,000 yuan per mu; The rest counties of Kunming, Dongchuan, county-level city and county (city) where the people's government and the regional administrative office are located shall pay 15000 yuan per mu; Other counties pay per mu 1 ten thousand yuan. The provincial people's government can adjust the payment amount of the new vegetable development fund according to the price change.
Those who occupy cultivated land for non-agricultural construction shall pay cultivated land occupation tax in accordance with state regulations.
Twenty-ninth approved expropriation of collective farmland, agricultural tax relief in accordance with the provisions. When the land is requisitioned, if the crops are not harvested in the current year, it will be reduced in the current year; The harvest will be reduced next year.
Thirtieth the resettlement of surplus labor caused by land requisition for national construction shall be handled in accordance with the provisions of Article 31 of the Land Management Law. Need to change from agricultural population to non-agricultural population, the specific measures shall be formulated by the provincial people's government.
Article 31 Compensation fees and resettlement subsidies for land requisitioned by the state for construction shall be paid to individuals, except for the attachments and young crops compensation fees on the requisitioned land, and the rest shall be collectively owned by the land-expropriated units and stored in special bank accounts, which shall be used for the development of production, the employment of surplus labor force and the living allowance of the unemployed by the land-expropriated units, and no unit or individual may occupy or misappropriate them.
Land compensation fees and resettlement subsidies shall be supervised and used by local land management departments.
The fifth chapter township (town) village construction land
Thirty-second township enterprises, township (town) village public facilities, public welfare construction land examination and approval authority, according to the provisions of article twenty-third of these measures. The compensation measures shall be formulated by the provincial people's government.
Thirty-third rural residents to build houses, should use the original homestead and learning car. The use of cultivated land shall be audited by the people's government at the township level and approved by the people's government at the county level; The use of the original homestead, village homestead or other non-arable land shall be approved by the people's government at the township level and reported to the land management department at the county level for the record.
Thirty-fourth rural residential land area, according to the following standards:
(a) suburban areas, the per capita area shall not exceed 20 square meters, and each household shall not exceed 100 square meters at most;
(two) the per capita area of the dam area does not exceed 30 square meters, and each household does not exceed 150 square meters at most;
The area of rural residents' homestead in areas with less arable land per capita should be strictly controlled within the above standards; The standards for rural residential sites in mountainous areas, semi-mountainous areas, border areas and ethnic minority areas may be appropriately relaxed. Specific implementation standards, formulated by the state (city) people's government according to the actual situation, submitted to the provincial people's government for the record.
If the original homestead area has reached the standard, the application for homestead will not be approved.
The homestead vacated by residents after relocation and house demolition must be returned within a time limit and may not be transferred without permission.
If the approved homestead has not been used for more than two years, the land use right shall be recovered by the original approval department.
Thirty-fifth in the towns where there is no commercial housing for sale and houses cannot be built in a unified way, non-agricultural registered permanent residence residents really need to build their own houses, which must be approved by the people's government at the county level. According to the registered population, each person occupies no more than 15 square meters, and each household with more than 4 people does not exceed 60 square meters at most. Border ethnic areas with a small population and a large population and alpine mountainous areas may be appropriately relaxed. The specific implementation standards shall be formulated by the state (city) people's government according to the actual situation and submitted to the provincial people's government for the record.
Chapter VI Legal Liability
Article 36 Whoever cheats for approval by means of abandoning cultivated land, falsely reporting population, falsely declaring land, concealing land types, breaking up parts, etc., or illegally occupying land for building houses or engaging in other construction shall be dealt with in accordance with the provisions of Article 36 of the Implementation Regulations.
Thirty-seventh do not use the land according to the approved location or standard, dismantle or confiscate the buildings on the ground within a time limit, and recover the land use right.
Thirty-eighth land acquisition units unreasonably obstruct land acquisition, refused to hand over the land, the land management departments at or above the county level shall be ordered to hand over the land within a time limit. If the land is not handed over within the time limit, the people's government at or above the county level shall organize the relevant departments to forcibly requisition it.
Thirty-ninth in the development of land, due to ineffective prevention and control measures, resulting in soil erosion and farmland destruction, in addition to ordering it to be treated within a time limit, and impose a fine of 2 to 5 times the annual output value per mu.
Fortieth unauthorized occupation of cultivated land to build graves, dumping waste and other destruction of land resources, the deadline for recovery, and impose a fine of 05 yuan per square meter.
Forty-first before the dispute over land ownership and use right is resolved, the land administration department of the people's government at or above the county level shall order it to be restored within a time limit, and if losses are caused, compensation shall be made.
Forty-second fines shall be turned over to the finance at the same level. When collecting fines, bills uniformly printed by the financial department must be used.
Article 43 If a state functionary abuses his power, practices fraud, neglects his duty or asks for bribes in land management, his illegal income shall be confiscated according to the seriousness of the case, and he shall be given administrative sanctions by his unit or higher authorities; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Chapter VII Supplementary Provisions
Forty-fourth private enterprises and individual industrial and commercial households land use management measures shall be formulated separately by the provincial people's government.
Forty-fifth regional administrative office in the land management work, exercise the same management responsibilities and examination and approval authority as the Autonomous Prefecture People's government.
Forty-sixth the specific application of these measures shall be interpreted by the land management department of the provincial people's government.
Article 47 These Measures shall come into force as of the date of promulgation. The 26th meeting of the Standing Committee of the Sixth People's Congress of Yunnan Province adopted the Measures for the Implementation of Land Management in Yunnan Province (for Trial Implementation) on February 1987, and the implementation was terminated at the same time.
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