Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on the Administration of Land and Land (hereinafter referred to as the Land Administration Law) and the Regulations for the Implementation of the Law of the People's Republic of China on the Administration of Land and Land (hereinafter referred to as the Implementation Regulations) in light of the actual situation in our province.

Article 2 All land in our province shall be managed in accordance with the Land Management Law, the Implementation Regulations and these Measures.

article 3 the land management departments of the people's governments at or above the county level (including the agencies dispatched by the provincial people's governments, the same below) are in charge of the unified management of land within their respective administrative areas.

people's governments at the township level are responsible for land management within their respective administrative areas.

the land of state-owned agriculture, forestry, animal husbandry, fishing grounds and other agricultural enterprises and institutions shall be managed by the land administration department of the local county (city) people's government in a unified way; The land of state-owned agriculture, forestry, animal husbandry and fishing grounds directly under a city or region divided into districts shall be uniformly managed by the land administration department of the municipal people's government or the agency of the provincial people's government.

Article 4 The main duties of the land management departments of the people's governments at or above the county level are:

(1) To implement the laws, regulations and policies of the state on land.

(2) To be in charge of land survey, registration, statistics and certification.

(3) to work out the overall land use plan and the annual construction land plan jointly with relevant departments.

(4) go through the formalities of examination and approval for the requisition and allocation of land and the construction land of villages (towns).

(5) Handling the assignment of the right to use state-owned land according to law, and supervising and inspecting the assignment, lease, mortgage and termination of the right to use state-owned land.

(6) to be responsible for land supervision, investigate and deal with violations of land management laws and regulations, and undertake the specific work of mediating land ownership disputes.

Article 5 Units and individuals that meet one of the following conditions shall be rewarded by the people's government:

(1) Those who have made remarkable achievements in rational planning and utilization of land and in conducting relevant scientific research;

(2) remarkable achievements have been made in land improvement, expansion of cultivated land and development of land resources.

(3) those who have made outstanding contributions to saving land and stopping the indiscriminate occupation of cultivated land and land abuse.

(4) having made remarkable achievements in land management.

chapter ii ownership and right to use land

article 6 land in urban areas belongs to the state. The following land in urban suburbs and rural areas belongs to the state: (1) Land that has been determined to be owned by the state according to laws and policies since the land reform; (2) Land requisitioned according to law for national construction; (three) other land that is not owned by the collective according to the laws of the state.

The land in suburban areas and rural areas belongs to the collective, except those owned by the state. Collectively owned land belongs to village farmers collectively according to law. What already belongs to the villagers' group still belongs to the farmers' collective of the villagers' group; What has been owned by the township (town) farmers' collective economic organizations still belongs to the township (town) farmers' collective ownership.

article 7 no unit or individual may occupy, trade or illegally transfer land in other forms.

the right to use state-owned land and collectively-owned land can be transferred according to law. The system of paid use of state-owned land shall be implemented according to law. Specific measures for the transfer of land use rights and paid use of state-owned land shall be implemented in accordance with the provisions of the State Council.

Article 8 The people's government at the county level shall register collectively owned land, issue land ownership certificates and confirm ownership.

if the state-owned land is used according to law, the people's government at or above the county level shall issue a land use certificate to confirm the right to use it; Across the administrative areas at or above the county level, the people's government at the next higher level shall issue land use certificates to confirm the right to use.

if the ownership and use right of land is changed according to law, or the land use right is transferred due to the sale or transfer of buildings and attachments on the ground according to law, it is necessary to apply to the land administration department of the people's government at or above the county level for the registration of the change of land ownership and use right, and the people's government at or above the county level will replace the land certificate.

article 9 disputes over land ownership and use rights shall be handled in accordance with article 13 of the land management law and article 8 of the implementation regulations.

chapter iii utilization and protection of land

article 1 people's governments at all levels shall work out a general plan for land utilization and report it to the people's government at the next higher level for approval before implementation.

article 11 urban and rural construction land shall be managed in a planned way. People's governments at all levels shall incorporate the control index of urban and rural construction land into the national economic and social development plan, and shall not break through the control index of urban and rural construction land occupation issued by the people's government at a higher level.

article 12 anyone who wants to develop state-owned barren hills and wasteland for agricultural, forestry, animal husbandry and fishery production must apply to the land administration department of the people's government at or above the county level and get approval from the people's government at or above the county level. The development of less than 5 mu shall be approved by the people's government at the county level; More than five hundred acres and less than one thousand acres, approved by the people's government of the city, autonomous prefecture or provincial people's government agencies; More than one thousand acres and less than ten thousand acres, approved by the provincial people's government; More than 1, mu shall be reported to the State Bureau of Land Management or the State Council for approval according to the provisions of the Implementation Regulations.

article 13 units and individuals that change cultivated land into non-cultivated land due to the adjustment of agricultural structure shall apply to the land management department of the people's government at or above the county level, and the people's government at or above the county level shall approve it. Ten acres or less shall be approved by the people's government at the county level; More than 1 acres and less than 1 acres, approved by the people's government of the city, autonomous prefecture or provincial people's government agencies; More than one hundred acres, approved by the provincial people's government.

article 14 anyone who engages in mining, quarrying, dredging, earth borrowing and other business activities on the contracted land, private plots and private hills determined for personal use according to law must apply to the land administration department of the people's government at or above the county level for land use and obtain approval from the people's government at or above the county level. The examination and approval authority shall be handled in accordance with the provisions of Article 17 of these Measures. Where laws and regulations provide otherwise, it shall be handled in accordance with relevant laws and regulations.

Article 15 If the cultivated land, garden land, woodland or other land with planting benefit that has been approved for requisition by the land-using unit fails to start construction for one year after requisition without special reasons, the land management department of the people's government at or above the county level shall levy a barren fee according to the average annual output value of the land in the three years before requisition; Without the consent of the original approval authority, it has not been used for two consecutive years, and the land management department shall report to the people's government at or above the county level for approval, recover the land use right and cancel the land use certificate.

if the cultivated land, garden land, forest land or other land with planting benefit that has been approved for use by township (town) village enterprises fails to start construction for one year after approval without special reasons, the township (town) people's government will levy a barren fee according to the average annual output value of the land in the three years before approval.

barren fees shall be paid to the finance at the same level.

article 16 units and individuals that lawfully occupy cultivated land for building houses or engage in other non-agricultural construction shall pay cultivated land occupation tax in accordance with relevant state regulations.

units and individuals that use state-owned land in cities, counties, towns and industrial and mining areas according to law shall pay urban land use tax in accordance with relevant state regulations.

units and individuals that have obtained the leased state-owned land use right according to law shall pay the leasing fee for the land use right in accordance with the relevant provisions of the state.

units that requisition specialized vegetable fields and intensive fish ponds in urban suburbs according to law shall pay the development and construction fund for new vegetable fields and fish ponds in accordance with relevant state regulations.

chapter iv land for national construction

article 17 the examination and approval authority of land requisition for national construction:

(1) the requisition of cultivated land of less than three mu and other land of less than ten mu shall be approved by the county (city) people's government.

(2) Requisition of cultivated land of less than 1 mu and other land of less than 3 mu, and requisition of urban professional vegetable fields and intensive fish ponds of less than 3 mu shall be reviewed by the people's government at the county level and reported to the people's government at the next higher level or the dispatched office of the provincial people's government for approval.

(3) Requisition of less than 1, mu of cultivated land and less than 2, mu of other land, as well as requisition of more than 3 mu of urban professional vegetable fields and intensive fish ponds, shall be examined by the agencies dispatched by the people's governments of cities and autonomous prefectures with districts or the people's governments of provinces and submitted to the provincial people's governments for approval.

(4) Requisition of more than 1, mu of cultivated land and more than 2, mu of other land shall be reported to the State Council by the provincial people's government for approval.

the expropriation of land within the urban planning area of a city divided into districts shall be examined and approved by the municipal people's government in accordance with the examination and approval authority.

article 18 the examination and approval procedures for land requisition for national construction shall be handled in accordance with article 18 of the implementation regulations.

Article 19 When land is requisitioned for national construction, the land compensation fee shall be paid by the land-using unit according to the following standards:

(1) If cultivated land (including paddy field and dry soil) is requisitioned, it shall be calculated according to three to six times of the average annual output value in the three years before expropriation.

(2) If fish ponds, lotus ponds, orchards, tea gardens and other economic woodlands are requisitioned, the compensation standard for requisitioning adjacent paddy fields shall be calculated; Expropriation of timber forest land shall be calculated according to the compensation standard of expropriation of adjacent paddy fields from 3% to 5%; Requisition of barren hills and wasteland shall be calculated at 2% of the compensation standard for requisition of adjacent paddy fields.

(3) If it is not necessary to build ponds in other places, it shall be calculated according to the compensation standard for requisitioning adjacent paddy fields; If it is necessary to build a pond easily, the construction fee and land compensation fee for building a pond shall be paid.

(4) if the homestead is requisitioned, it shall be calculated according to the average annual output value per mu of the neighboring paddy fields in the first three years.

Article 2 The compensation for young crops and attachments of expropriated land shall be paid by the land-using unit according to the following provisions:

(1) Young crops, crops with a growth period of less than one year shall be calculated as the output value of one season, and crops with a growth period of more than one year shall be calculated as the output value of one year or the actual losses shall be compensated according to the growth period.

(2) For trees that can be transplanted, the transplanting fee shall be paid, and losses shall be compensated as appropriate; Purchase at a fixed price that cannot be transplanted; If it is cut down by the owner, the losses shall be compensated as appropriate.

(3) for adult fish, the actual loss shall be compensated according to the annual output value. The fry and fingerling shall be compensated for the actual loss according to the value when they leave the pond at the expiration of seedling raising and breeding.

(4) Houses and other buildings and structures can be compensated for demolition or purchased at a discount, or they can be compensated with equivalent houses and other buildings and structures.

after receiving the notice of land requisition from the land management department, young crops planted and buildings and structures built on the requisitioned land will not be compensated.

article 21 when land is requisitioned for national construction, the land-using unit shall pay resettlement subsidies in addition to compensation fees for land, young crops and attachments.

the resettlement subsidy for requisitioned farmland is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land requisitioned divided by the average number of cultivated land occupied by each land requisitioned unit before land requisition. The resettlement subsidy standard for each agricultural population in need of resettlement is two to three times the average annual output value per mu in the three years before the cultivated land is requisitioned. However, the resettlement subsidy per mu of expropriated cultivated land shall not exceed ten times the average annual output value of the three years before expropriation. The expropriation of fish ponds and lotus ponds shall be handled with reference to the provisions on the expropriation of cultivated land. Expropriation of orchards, tea gardens and plots of forest land, one to three times the annual output value of adjacent paddy fields per mu. If barren hills and wasteland are requisitioned, resettlement subsidies will not be paid.

if the buildings and structures on the expropriated land need to be rebuilt easily, the land acquisition unit shall pay the resettlement subsidy for the rebuilt land upon examination and approval by the land administration department of the people's government at or above the county level.

article 22 the land compensation fee and resettlement fee shall be paid in accordance with the provisions of article 19 and article 21 of these measures. if the per capita arable land is extremely small, and the farmers who need to be resettled cannot maintain their original living standards, the resettlement fee may be increased after being examined by the land administration department of the people's government at or above the county level and submitted to the provincial people's government for approval, but the sum of the land compensation fee and resettlement fee shall not exceed 2 times of the average annual output value in the three years before the land is expropriated.

Article 23 The allocation of state-owned land for national construction shall be handled in accordance with the examination and approval authority stipulated in Article 17 of these Measures and the examination and approval procedures stipulated in Article 18 of the Implementation Regulations; Buildings and structures on the ground need to be demolished, and compensation shall be given in accordance with relevant state regulations. Allocation of production land for state-owned agriculture, forestry, animal husbandry and fishing grounds, and the compensation measures shall be formulated separately by the provincial people's government.

article 24 the state requisitions cultivated land for construction, and the grain ordering task and agricultural tax borne by the land-expropriated units shall be reduced or exempted accordingly. The reduced grain ordering task and the increased grain sales index shall be adjusted and solved by the people's government at or above the county level where the construction project is located. The reduction or exemption of agricultural tax shall be handled in accordance with the relevant provisions of the state.

Article 25 Measures for land requisition compensation and resettlement for large and medium-sized water conservancy and hydropower projects shall be handled in accordance with relevant state regulations.

the standards of compensation and resettlement subsidies for land requisitioned by the state for highway and railway construction shall be formulated separately by the provincial people's government.

article 26 where the construction of an engineering project requires the addition of temporary land for material storage yards, transportation routes and other temporary facilities outside the scope of the requisitioned land, or the temporary use of land for erecting above-ground lines, laying underground pipelines, constructing other underground projects and conducting geological exploration, it shall be handled in accordance with the provisions of article 33 of the Land Management Law and article 23 of the Implementation Regulations.

where land is urgently needed for emergency rescue and disaster relief, it shall be handled in accordance with the provisions of Article 2 of the Implementation Regulations.

article 27 state-owned land that state organs, social solidarity, enterprises and institutions have legally obtained the right to use shall not be allocated to individuals to build houses. Employees of state-owned agriculture, forestry, animal husbandry and fishing grounds are excluded from building houses on the site.

chapter v land for township (town) village construction

article 28 where township (town) village enterprises and township (town) village public facilities and public welfare undertakings need to use land, they shall report to the people's government at a higher level for examination and approval in accordance with the examination and approval authority stipulated in article 17 of these measures.

article 29 the land collectively owned by the peasants in villages or villagers' groups is used for the construction of township enterprises, and the land collectively owned by the peasants in villagers' groups is used for the construction of village enterprises. The land-using units shall make compensation and properly arrange the production and life of the peasants. The land compensation fee is calculated at two to four times the average annual output value of the land in the three years before it is approved for use, and the compensation for young crops and attachments shall be handled in accordance with the provisions of Article 2 of these Measures.

article 3 rural villagers should build houses in accordance with the requirements of township (town) village construction planning. barren hills and wasteland and Kugaji can be used, and cultivated land cannot be occupied. Advocate building and save land. The application and approval procedures for land use shall be handled in accordance with the provisions of Article 25 of the Implementation Regulations.

for rural villagers to build houses, the land area of each household (including houses, miscellaneous houses, toilets and livestock houses) shall not exceed 21 square meters, the cultivated land shall not exceed 13 square meters, and the village Uchikoga land and other land shall not exceed 18 square meters. Under the premise of not exceeding the above limits, the specific standards shall be formulated by the county and municipal people's governments.

if rural villagers rebuild or rebuild their houses on the original homestead, and the original homestead area exceeds the standards stipulated in these measures, the land area may be appropriately relaxed according to the standards stipulated in these measures, but the maximum amount shall not exceed 15%.

if the house is built in another place, the right to use the original long base will be recovered.

Article 31 Cities and towns