Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China (hereinafter referred to as the Land Administration Law), the Regulations for the Implementation of the Land Administration Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations) and relevant laws and regulations, and combined with the actual situation of this province.

Article 2 These Measures shall be observed in the protection, renovation, development, utilization and management of all kinds of land within the administrative area of this province.

Article 3 People's governments at all levels must implement the basic national policy of cherishing and rationally utilizing land and effectively protecting cultivated land, strengthen the management of land resources and land assets, protect and develop land resources and make rational use of land.

Fourth land administrative departments at or above the county level (including county-level cities, the same below) are responsible for the management and supervision of land resources and assets within their respective administrative areas.

The land administrative department of a city divided into districts may set up an agency in this area, and the land administrative department of a county may set up an agency in the township (town) under its jurisdiction to be responsible for the land management in the corresponding area.

With the approval of the provincial people's government, the provincial land administrative departments set up agencies in specific areas to be responsible for the land management in the corresponding areas.

Article 5 The land use control system and the paid use system of state-owned land shall be implemented. Land use must consider social benefits, environmental benefits and economic benefits as a whole.

Chapter II Ownership and Use Right of Land

Article 6 The land registration and certification system shall be implemented according to law. Land ownership and land use rights registered and issued according to law are protected by law, and no unit or individual may infringe upon them.

Implement the annual inspection system of land ownership certificate and the public inquiry system of land registration. The certificate of land ownership shall be uniformly printed by the provincial land administrative department according to the provisions of the national land administrative department.

Article 7 Where a unit or individual uses state-owned land according to law, the land user shall apply to the land administrative department at or above the county level where the land is located, and the people's government at or above the county level shall register it, issue a certificate of state-owned land use right and confirm the right to use it. Among them, the provincial land administrative departments are responsible for the registration and certification of state-owned land used by provincial organs and organizations and state-owned land used by units or individuals within the scope of the establishment of agencies.

Article 8 Where the ownership and use right of the following land is changed, it shall apply to the land administrative department at or above the county level for land change registration, and the original land registration authority shall handle the land change registration procedures:

(a) to obtain land use rights by means of allocation;

(two) the land use right obtained by allocation is changed to paid use according to law;

(3) Obtaining the land use right by means of transfer, lease, contribution at a fixed price or shares;

(four) after obtaining the land use right by way of transfer, it is transferred (including sale, exchange, gift, inheritance), leased or mortgaged according to law;

(5) Changing the land use according to law;

(six) the name of the land user changes;

(seven) other circumstances required by laws, regulations and rules for land change registration.

Chapter III Overall Land Use Planning

Article 9 People's governments at all levels shall, in accordance with the requirements of national economic and social development planning, land consolidation and resource and environmental protection, organize the compilation of overall land use planning in their respective administrative areas. The overall planning period of land use is generally 15 years.

People's governments at all levels shall, according to the overall land use planning, formulate special land use planning such as basic farmland, land consolidation, land reclamation and land development.

Tenth overall land use planning shall be subject to grading examination and approval.

The overall land use planning of the whole province shall be compiled by the provincial people's government to organize the land administrative departments and other relevant departments, and submitted to the State Council for approval.

The overall land use planning of cities with a population of more than 654.38+0000 and cities determined by the State Council shall be compiled by the municipal people's government, organized by the land administrative departments at the corresponding level and other relevant departments, and submitted to the State Council for approval after being audited by the provincial people's government.

The town where the county people's government is located and the overall land use planning of the town designated by the provincial land administrative department authorized by the provincial people's government shall be compiled by the town people's government and submitted to the provincial people's government for approval step by step. The overall land use planning of other towns is compiled by the town people's government and reported to the municipal and state people's governments for approval step by step.

General plans for land use other than those specified in the second, third and fourth paragraphs of this article shall be compiled by the relevant people's governments, organized by the land administrative departments at the corresponding levels and other relevant departments, and submitted to the provincial people's government for approval step by step.

Article 11 Where the compiling organ of the master plan for land use proposes to revise the master plan for land use according to the needs of national economic and social development, it shall submit the revision report to the original approving organ and make the revision according to the documents approving the revision.

According to the provisions of the second and third paragraphs of Article 26 of the Land Management Law, the overall land use planning shall be revised according to the documents approved by the people's government of the State Council or the province.

The people's government at the next higher level shall notify the people's government at the next lower level to modify the overall land use plan after the revision of the overall land use plan at the next higher level.

In accordance with the provisions of the first, second and third paragraphs of this article, the revised overall land use planning shall be re-submitted for approval or filing in accordance with the procedures stipulated in Article 10 of these Measures.

Twelfth to strengthen the management of the annual land use plan, the implementation of total construction land control. The annual land use plan shall be compiled by the provincial people's government to organize the land administrative departments and relevant departments, and shall be implemented by the land administrative departments of the provincial people's government after being approved by the State Council.

Specific measures for the application and approval of the annual land use plan (including agricultural land conversion plan indicators, cultivated land retention plan indicators and land development and consolidation plan indicators) shall be formulated separately by the provincial people's government.

Thirteenth the implementation of the annual land use plan declaration system.

The people's governments at or above the county level shall list the implementation of the annual plan for land use as the content of the implementation of the plan for national economic and social development, make a report to the people's congress at the same level, and send a copy to the land administrative departments and planning departments at the next higher level.

Fourteenth land administrative departments at or above the county level shall, in conjunction with the relevant departments at the same level, classify the land according to the land classification standards and land grading standards uniformly stipulated by the state. The evaluation results shall be reported to the people's government at the same level for examination and approval, and shall be announced to the public after being approved by the land administrative department at the next higher level. Land grades are generally adjusted once every six years.

Chapter IV Protection of Cultivated Land

Fifteenth people's governments at all levels should strictly control the occupation of cultivated land according to the overall land use planning, and implement the plan of cultivated land retention. If the amount of cultivated land decreases, the people's government at a higher level shall order the people's government at a lower level to organize the reclamation of new cultivated land with the same quantity and quality within the prescribed time limit, and the land administrative department at a higher level shall jointly with the agricultural administrative department for acceptance.

Indeed, in some places where land reserve resources are scarce, if the amount of newly cultivated land is not enough to compensate for the occupation of cultivated land after new construction land is added, it must be reported to the provincial people's government for approval, and the amount of cultivated land within its administrative area should be reduced or reduced for reclamation in different places.

Sixteenth the implementation of the basic farmland protection system. People's governments at all levels shall, according to the objectives of basic farmland protection, delimit basic farmland protection areas. The protection and management of basic farmland shall be implemented in accordance with relevant laws and regulations.

Seventeenth the implementation of cultivated land occupation compensation system. Non-agricultural construction approved the occupation of cultivated land, in accordance with the principle of "how much is occupied, how much is cultivated", the unit occupying cultivated land is responsible for reclaiming cultivated land equivalent to the quantity and quality of cultivated land occupied; If the cultivated land that has no conditions to be reclaimed or reclaimed does not meet the requirements, the cultivated land reclamation fee shall be paid according to the following standards:

(a) the occupation of basic farmland, according to the land compensation fee 1.5 times more than 2 times to pay;

(2) If cultivated land other than basic farmland is occupied, the land compensation fee shall be paid according to 1 times or more and 1.5 times or less.

Land reclamation fees should be included in the total investment of construction projects. The specific management measures for the collection and use of cultivated land reclamation fees shall be formulated separately by the provincial people's government.

Eighteenth no unit or individual may idle land or barren farmland.

Has gone through the formalities for examination and approval of non-agricultural construction land, and has not started construction for more than one year, the land administrative departments at or above the county level shall levy land idle fees per square meter from 2 yuan to 5 yuan (the land idle fees for real estate development shall be charged according to the relevant provisions of real estate management); If it has not been used for two consecutive years, the people's government at or above the county level shall recover the land use right without compensation with the approval of the original approval authority.

If a unit or individual contracted to operate cultivated land abandons farming for two consecutive years, the original contractor shall terminate the contract, recover the contracted management right of cultivated land and re-contract.

Nineteenth in addition to natural disasters, land damage caused by excavation, subsidence, occupation, etc. , land units and individuals should take remediation measures for reclamation.

In accordance with the provisions of the construction project should be land reclamation, the feasibility study report and related design documents should include the content of land reclamation, process design should take into account the requirements of land reclamation, land reclamation costs should be included in the total investment of construction projects.

If there are no conditions for reclamation or reclamation does not meet the requirements, land reclamation fees shall be paid to the land administrative departments at or above the county level. The collection, use and management of land reclamation fees shall be implemented in accordance with the relevant laws, regulations and rules of land reclamation.

Twentieth people's governments at or above the county level shall establish special funds for cultivated land development. Special funds for cultivated land development are raised from the following channels:

(a) the retained part of the paid land use fee for new construction land within the administrative area;

(two) the paid use fee of the existing land should be used for cultivated land development;

(three) land reclamation fees, land idle fees, land reclamation fees;

(four) the part of cultivated land occupation tax applied to cultivated land development.

The special funds for cultivated land development shall be earmarked for cultivated land reclamation, and the specific measures for raising, using and managing the special funds for cultivated land development shall be formulated separately by the provincial people's government.

Twenty-first non-agricultural construction must save land. Those who can use wasteland shall not occupy cultivated land, and those who can use inferior land shall not occupy fertile land.

It is forbidden to occupy cultivated land to build kilns and graves. Without approval, no building, sand digging, quarrying, mining or earth borrowing are allowed on cultivated land.

Twenty-second people's governments at all levels shall support and encourage units and individuals to develop agricultural production land.

Land development shall be carried out within the permitted reclamation scope according to law, so as to protect and improve the ecological environment and prevent soil erosion.

Where state-owned barren hills, wasteland and wasteland with undetermined right of use are developed for agricultural, forestry, animal husbandry and fishery production, with the approval of the people's government at or above the county level, the development units or individuals may be determined to use them. Permanent construction land supporting planting, forestry, animal husbandry and fishery production shall be examined and approved according to non-agricultural construction land.

One-time development of barren hills, wasteland and wasteland of less than 40 hectares shall be reported to the people's government at the same level for approval after being audited by the county land administrative department; More than 40 hectares less than 60 hectares, by the municipal and state land administrative departments for examination and approval of the people's government at the same level; More than 60 hectares and less than 600 hectares shall be audited by the provincial land administrative department and submitted to the provincial people's government for approval.

Twenty-third county and township (town) people's governments shall, in accordance with the requirements of the overall land use planning, actively organize land consolidation and improve agricultural production conditions and ecological environment.

The cost of land consolidation shall be borne by the land owners and land users. People's governments at all levels can increase the amount of cultivated land according to land consolidation and give compensation from the special funds for cultivated land development.

Chapter V Land for Construction

Twenty-fourth construction land, involving the conversion of agricultural land into construction land, shall go through the formalities for examination and approval of agricultural land conversion.

Within the scope of construction land for cities, villages and market towns determined by the overall land use planning, if agricultural land is converted into construction land to implement the overall land use planning, it shall be reported to the original authority that approved the overall land use planning in batches 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 agricultural land conversion approval authority belongs to the municipal people's government, and the land requisition approval authority 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 acquisition in the State Council belongs to the provincial people's government, and it is reported to the State Council for approval of land acquisition.

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 average 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 resettlement subsidy standard is 4 to 6 times the average annual output value of adjacent cultivated land in the first three years. Requisition of unproductive land does not pay resettlement subsidies.

(III) In accordance with the provisions of Items (1) and (2) of this article, land compensation fees and resettlement subsidies are paid, and farmers who need resettlement cannot maintain their original living standards, the resettlement subsidies can 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.

(2) After the people's government with the right of approval has approved the scheme of agricultural land conversion, the scheme of supplementary cultivated land and the scheme of land expropriation in accordance with the provisions of the Land Administration Law, the implementing regulations and Articles 24 and 25 of these Measures, the people's government of the city or county that submitted the scheme will organize the implementation.

(3) The municipal and county land administrative departments shall review the relevant matters concerning 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 land in accordance with the provisions of Article 27 of these Measures after the consent of the municipal and county people's governments.