Within the scale of construction land for cities, villages and market towns determined in the overall land use planning, if agricultural land is converted into construction land for the implementation of the planning, it shall be approved in batches by the organ that originally approved the overall land use planning according to the annual land use plan.
Construction projects outside the scope specified in the preceding paragraph involving the conversion of agricultural land into construction land shall be reported to the provincial people's government or the State Council for approval.
The approval of agricultural land conversion shall be accompanied by the approval of the corresponding supplementary cultivated land plan.
Twenty-fifth in addition to the land requisition that should be approved by the State Council in accordance with the provisions of the land management law, the following land requisition is approved by the provincial people's government;
(1) Cultivated land below 35 hectares (except basic farmland);
(two) other land below 70 hectares.
If the requisition of land involves the conversion of agricultural land, the land requisition shall be approved at the same time as the conversion, and the land requisition examination and approval procedures shall not be handled separately. Among them, the right to approve the conversion of agricultural land belongs to the people's governments of cities and prefectures, and the right to approve land requisition belongs to the provincial people's government or the State Council, which is approved by the provincial people's government or reported to the State Council for approval after being audited by the provincial people's government; The approval authority of agricultural land conversion belongs to the provincial people's government, and the approval authority of land requisition belongs to the State Council, which is audited by the provincial people's government and reported to the State Council for approval of land requisition.
If the requisition of land does not involve the conversion of agricultural land, it shall be reported to the provincial people's government or the State Council for approval in accordance with the prescribed authority.
Twenty-sixth expropriation of land in accordance with the following standards to pay land compensation fees, resettlement subsidies and ground attachments, young crops and other compensation fees:
(1) If cultivated land is expropriated, the land compensation fee shall be more than 6 times 10 times of the annual output value of the cultivated land in the three years before expropriation; If other land is requisitioned, the land compensation fee is 5 to 6 times of the average annual output value of adjacent cultivated land in the first three years; Young crops on the expropriated land can be compensated according to the output value, and reasonable compensation can be given if the output value cannot be calculated; The compensation standards for buildings, structures and other attachments on the expropriated land shall be reasonably compensated with reference to the market price. After the land acquisition plan is announced, no compensation will be given for rushing to plant and build.
(2) In the case of expropriation of cultivated land, the resettlement subsidy standard for each agricultural population who needs resettlement is 4 to 6 times of the average annual output value of the cultivated land in the three years before expropriation, but the resettlement subsidy per hectare of expropriated cultivated land shall not exceed/kloc-0.5 times of the average annual output value of the cultivated land in the three years before expropriation. Requisition of other land with income, the standard of resettlement subsidy is 4 to 6 times of the average annual output value of adjacent cultivated land in the first three years, and no resettlement subsidy is paid for land without income.
(3) In accordance with the provisions of Items (1) and (2) of this article, if the land compensation fee and resettlement subsidy are paid, and the farmers who need resettlement cannot maintain their original living standards, the resettlement subsidy may be increased with the approval of the provincial people's government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value of the land in the three years before expropriation.
(four) the expropriation of vegetable fields in the suburbs of the city shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state and the province. The collection, use and management of the new vegetable field development and construction fund shall be implemented in accordance with the relevant laws and regulations on the construction and protection of vegetable bases.
(five) the compensation standard for the use of state-owned agricultural land shall be implemented with reference to the above provisions.
(6) Where laws and regulations provide otherwise, such provisions shall prevail.
Twenty-seventh after going through the formalities for examination and approval of agricultural land conversion and land requisition, the examination and approval authority for providing state-owned land use rights to specific construction projects by allocation or allocation is:
(a) the construction land below 1 hectare shall be approved by the county people's government and reported to the provincial, municipal and state land administrative departments for the record.
(II) Construction land 1 hectare is less than 2 hectares, which shall be approved by the municipal people's government (Wuhan construction land 1 hectare is less than 6 hectares, which may be approved by the Wuhan Municipal People's government) and submitted to the provincial land administrative departments for the record.
(three) more than the construction land quota approved by the provincial people's government.
Construction land that provides the right to use state-owned land by allocation or allocation shall be approved by the provincial people's government. Involving agricultural land conversion or land expropriation, the municipal and county people's governments may submit the proposed agricultural land conversion plan, cultivated land supplement plan, land expropriation plan and land supply plan together for examination and approval.
Twenty-eighth construction land within the scope of construction land determined by the overall land use planning shall be handled in accordance with the following provisions:
(1) The municipal and county land administrative departments shall, according to the overall land use planning, annual land use plans and construction land standards, and according to the actual needs of the land occupied by urban planning, put forward corresponding agricultural land conversion plans, supplementary cultivated land plans and land requisition plans, which shall be implemented after being reported to the municipal and county people's governments in batches and steps.
(II) After the people's government with the right of approval has approved the agricultural land conversion plan, the supplementary cultivated land plan and the land requisition plan in accordance with the Land Management Law, the Implementation Regulations and the provisions of Articles 24 and 25 of these Measures, the people's government of the city or county that submitted the plan will organize the implementation.
(III) The land administrative departments of the cities and counties shall review the matters related to the application for land for specific construction projects, draw up a land supply plan to provide the right to use state-owned land by way of allocation, and supply the land with the consent of the people's governments of the cities and counties, and report it to the people's government with the right of approval in accordance with the provisions of Article 27 of these Measures.
Twenty-ninth specific construction projects beyond the scope of construction land determined by the overall land use planning shall be submitted for approval according to the following procedures:
(a) the construction unit to the construction project feasibility study report approval documents or other relevant approval documents, construction project land pre-trial report, land use planning indicators, to the land administrative departments of the people's governments of the city and county for construction land.
(II) The land administrative departments of the people's governments of cities and counties shall, in accordance with the Implementation Regulations and the provisions of Articles 24, 25 and 27 of these Measures, review the land used for construction projects, draw up plans for conversion of agricultural land, land requisition, supplementary cultivated land and land supply, and submit them to the people's government with the right of approval for approval.
(three) specific construction projects need to occupy the state-owned unused land determined by the overall land use planning, and go through the examination and approval procedures in accordance with the provisions of items (1) and (2) of this article.
Thirtieth new construction land use fees paid 30% to the central government, 20% to the provincial finance, 50% to the local people's government, should be turned over to the state and the province, according to the following provisions:
(a) the new construction land involves land acquisition, which shall be levied by the provincial land administrative department when reviewing land acquisition;
(2) If the newly-added construction land does not involve land expropriation, it shall be expropriated by the provincial land administrative department when examining the conversion of agricultural land or land use, or it shall be expropriated after the provincial land administrative department verifies the paid land use fee according to the area of newly-added construction land.
The newly-added construction land will be stored in the special account after the paid land use fee is levied, and will be specially used for cultivated land development by the relevant local people's government.
Article 31 The construction of public facilities and public welfare undertakings in townships (towns) and villages shall use the land collectively owned by peasants, and the approval authority for establishing enterprises in townships (towns) and villages to use the land collectively owned by peasants of the collective economic organizations shall be implemented in accordance with the following provisions (if the occupation of agricultural land is involved, the approval procedures for the conversion of agricultural land shall be handled in advance in accordance with the provisions of Article 24 of these Measures):
(a) below 0.5 hectares, approved by the county people's government;
(two) more than 0.5 hectares10.5 hectares, approved by the municipal and state people's governments (within the scope of Wuhan City, more than 0.5 hectares and less than 3.5 hectares, approved by the Wuhan Municipal People's government);
The land used in items (1) and (2) of the first paragraph of this article shall be approved by the provincial people's government.
The examination and approval authority for the use of land collectively owned by farmers of this collective economic organization for rural roads and small-scale irrigation and water conservancy capital construction shall be implemented in accordance with Article 27 of these Measures.
Thirty-second township (town) village to set up enterprises, township (town) village to build public facilities and public welfare undertakings, must be strictly controlled in accordance with the relevant provisions. The examination and approval procedures shall be implemented in accordance with the Land Administration Law and its implementing regulations and the relevant provisions of Articles 28 and 29 of these Measures.
Thirty-third rural villagers to build residential land, should apply for land use, after the audit of the villagers' committee, approved by the township (town) people's government. Involving the occupation of agricultural land, it shall be handled in accordance with the provisions of Article 24 of these Measures.
The total area of houses (including ancillary facilities) newly built or rebuilt by farmers shall not exceed140m2 for each household using agricultural land and 200m2 for each household using unused land (construction land). The people's governments of cities and counties may, within the above limits, determine the land occupation standards of farmers' houses within their respective administrative areas according to the local per capita arable land area.
Urban residents must apply for the use of state-owned land for building houses, and the land area of each household shall not exceed 100 square meters.