The reform of rural collective property rights system is organized and led by the Central Rural Work Leading Group, with the Ministry of Agriculture and the Office of the Central Rural Work Leading Group taking the lead.
The following units are responsible for provincial work:
Starting from 20 17, according to the deployment of the national rural collective assets verification work, and gradually advancing according to the requirements of time obeying quality, it takes three years to conduct a comprehensive inventory and verification of various assets owned by rural collective economic organizations, find out the collective property, define the ownership of property rights, and improve the management system. (Provincial Agriculture and Animal Husbandry Department, Provincial Land and Resources Department, Provincial Forestry Department, Provincial Water Resources Department, Provincial Party Committee Organization Department, Provincial Government Finance Office, Provincial Development and Reform Commission, Provincial Finance Department, Provincial Poverty Alleviation Office, Provincial Transportation Department, Provincial Construction Department, Provincial Education Department, Provincial Culture Department, Provincial Health and Family Planning Commission, Provincial Industry and Commerce Bureau, Provincial State Taxation Bureau, Provincial Local Taxation Bureau and other departments are responsible)
(2) Clear the ownership of collective assets. On the basis of assets verification, the ownership of rural collective assets will be confirmed to the members of rural collective economic organizations step by step, and the rural collective economic organizations will exercise the ownership on behalf of the collective according to law. Belonging to the village farmers' collective ownership, the village collective economic organizations shall exercise the ownership on behalf of the collective; if the collective economic organizations are not established, the villagers' committee shall exercise the ownership on behalf of the collective; Belonging to two or more peasant collectives in the village respectively, the village collective economic organizations shall exercise the ownership on behalf of the collective; if there is no collective economic organization, the villagers' group shall exercise the ownership on behalf of the collective; Belonging to the collective ownership of township farmers, the township collective economic organizations shall exercise ownership on behalf of the collective. Villages (groups) with collectively managed assets, especially villages in cities, suburban villages and economically developed villages, should establish and improve rural collective economic organizations, and exercise the ownership of collective assets according to laws and regulations with the support of village party organizations and villagers' committees. The ownership of collective assets should be confirmed in strict accordance with the ownership of property rights, and the boundaries of the original collective ownership should not be disturbed. (Provincial Agriculture and Animal Husbandry Department, Provincial Party Committee Organization Department, Provincial Government Finance Office, Provincial Development and Reform Commission, Provincial Department of Finance, Provincial Department of Land and Resources, Provincial Poverty Alleviation Office, Provincial Forestry Department, Provincial Water Resources Department, Provincial Transportation Department, Provincial Construction Department, Provincial Education Department, Provincial Department of Culture, Provincial Health and Family Planning Commission and other departments are responsible)
(3) Strengthen the financial management of rural collective assets. Strengthen the supervision and management of rural collective capital assets resources, and increase the implementation of policies and regulations such as rural collective asset management, financial management, rural audit, and financial disclosure. Strengthen the informatization construction of rural collective assets supervision and management. All localities should join the unified network platform of rural collective assets supervision and management in the province. After the completion of the assets verification of rural collective assets, all kinds of information of rural collective assets will be comprehensively entered, and efforts will be made to build a big data platform for rural collective assets management to promote the institutionalization, standardization and informationization of rural collective assets financial management. Governments at all levels should strengthen the construction of township rural management system, improve institutions, enrich personnel, and ensure that there are special personnel responsible for the supervision and management of rural collective funds and assets; It is necessary to stabilize the rural accounting team, implement democratic financial management, standardize financial disclosure, and earnestly safeguard the supervision and management rights of collective members. Strengthen the audit and supervision of rural collective economic organizations, do a good job in regular auditing of daily financial revenues and expenditures, continue to carry out special audits of village cadres' economic responsibilities during their term of office and leaving office, and establish a system of problem transfer, regular notification and accountability to prevent encroachment on collective assets. For villages with chaotic collective financial management, county-level party committees and governments should promptly organize forces to carry out rectification, prevent and correct corruption around the masses. (responsible for the provincial department of agriculture and animal husbandry, the provincial office, the provincial department of finance, the provincial audit office and other departments)
Three, steadily promote the reform of the property right system of collective operating assets.
(a) to carry out the reform of the joint-stock cooperative system of operating assets. Quantify rural collective operating assets to collective members in the form of shares or shares, as the basic basis for their participation in collective income distribution. The reform is mainly carried out in towns and villages with operating assets, especially in urban villages, suburban villages and economically developed villages. Villages and towns that carry out this reform should sum up experience and improve the system so that farmers can have more sense of gain. The joint-stock cooperative system reform of rural collective operating assets is different from the joint-stock system reform of industrial and commercial enterprises, and can only be carried out within rural collective economic organizations to reflect the collective ownership and unique community nature of members. The establishment of equity should be based on member shares, and whether to establish collective shares is decided by members of collective economic organizations through democratic discussion. Equity management advocates the way of not adjusting with the increase or decrease of population. After the reform, rural collective economic organizations should improve the governance mechanism, formulate articles of association, make democratic decisions on major issues involving the interests of their members, and prevent manipulation by a few people.
From 20 17, Dingxi city continued to guide the pilot reform of rural collective assets in Longxi county, and other cities (States) chose 1 county (city, district) to carry out the pilot reform of rural collective operating assets joint-stock cooperative system; In 20 19, the qualified counties (cities, districts) in the province will be fully opened, and efforts will be made to complete the reform task before 20021. (Provincial Agriculture and Animal Husbandry Department, Provincial Development and Reform Commission, Provincial Department of Finance, Provincial Department of Land and Resources, Provincial Poverty Alleviation Office, Provincial Forestry Department, Provincial Water Resources Department, Provincial Tourism Development Committee and other departments are responsible)
(two) to confirm the membership of rural collective economic organizations. In accordance with the relevant laws and regulations, in accordance with the principles of respecting history, giving consideration to reality, standardizing procedures, and being recognized by the masses, we should make overall consideration of factors such as household registration, contract relationship of rural land, and collective accumulated contributions, coordinate and balance the interests of all parties, do a good job in confirming the membership of rural collective economic organizations, and solve the problem of unclear membership boundaries. In the pilot reform, rural collective economic organizations formulated specific procedures, standards and management methods for confirming the membership of rural collective economic organizations on the basis of democratic consultation among the masses. The confirmation of membership should not only be recognized by the majority, but also prevent the majority from infringing on the rights and interests of the minority and effectively protect the legitimate rights and interests of women. Measures for the identification of members of rural collective economic organizations shall be reviewed and filed by the county and township governments, and the county-level agricultural authorities shall establish and improve the registration and filing mechanism for members of rural collective economic organizations. Advocate the new population of the member families of rural collective economic organizations in the future, and obtain the share of collective assets and collective membership in accordance with the articles of association by sharing the rights and interests of collective assets owned by families. (Provincial Agriculture and Animal Husbandry Department, Provincial Public Security Department, Provincial Civil Affairs Department and other departments are responsible)
(3) Protecting the rights and interests of farmers' collective assets. Rural collective economic organizations shall establish a collective asset equity registration system, record the information of collective asset shares held by members of rural collective economic organizations, and issue equity certificates to their members. Improve the collective income distribution system, clarify the proportion of provident fund and public welfare fund, and implement the right to distribute farmers' collective assets and shares. Longxi county should continue to organize and implement the pilot reform of giving farmers collective assets ownership, income rights, paid withdrawal rights, mortgage rights, security rights and inheritance rights. In the pilot process, all localities should actively explore the conditions and procedures for farmers to withdraw from collective assets. At the present stage, the paid withdrawal of shares in collective assets held by farmers may not break through the scope of collective economic organizations, but it can be transferred within the collective or redeemed by the collective. Relevant departments should study and formulate measures for mortgage and secured loans of collective assets, conscientiously do a good job in guiding mediation and arbitration of rural property rights disputes and judicial relief, and guide rural collective economic organizations to formulate measures for farmers to inherit shares of collective assets. (Provincial Agriculture and Animal Husbandry Department, Provincial Government Finance Office, Provincial Department of Finance, Provincial Civil Affairs Department, Provincial Department of Justice, Provincial Administration for Industry and Commerce, Gansu Banking Regulatory Bureau and other departments are responsible)
Fourth, actively explore effective forms of rural collective economy.
(1) Give full play to the functions of rural collective economic organizations. Rural collective economic organizations are the main body of collective asset management and special economic organizations, which can be called economic cooperatives or stock economic cooperatives. At this stage, the administrative department of agriculture at or above the county level may be responsible for issuing the organization registration certificate to the rural collective economic organizations, and the rural collective economic organizations shall go through the relevant procedures such as opening a bank account with the relevant departments to carry out business management activities. Give full play to the role of rural collective economic organizations in managing collective assets, developing collective resources, developing collective economy and serving collective members. Under the leadership of grass-roots party organizations, explore and clarify the functional relationship between rural collective economic organizations and villagers' committees, and earnestly undertake collective economic management affairs and villagers' autonomy affairs. Where necessary and conditions permit, the affairs of villagers' committees can be separated from those of collective economy. Properly handle the relationship between village party organizations, villagers committees and rural collective economic organizations. (Provincial Agriculture and Animal Husbandry Department, Provincial Party Committee Organization Department, Provincial Government Finance Office, Provincial Poverty Alleviation Office, Provincial Civil Affairs Department, Lanzhou Central Branch of the People's Bank of China and other departments are responsible)
(two) to safeguard the legitimate rights of rural collective economic organizations. Strictly protect the ownership of collective assets and prevent them from being falsely placed. The transfer of rural contracted land management rights shall not change the nature of collective ownership of land, and shall not violate the farmland protection system. The circulation or exchange of collective land contracted by household contract shall be carried out within the collective economic organization, with the consent of the employer such as the rural collective economic organization; If the right to operate is transferred by leasing (subcontracting) or other means, it shall be reported to the rural collective economic organizations and other contractors for written record. In the rural land expropriation, collective construction land entering the market and the pilot reform of the homestead system, we will explore effective ways to correctly handle the interests distribution relationship between the state, the collective and farmers. For operating assets, it is necessary to reflect the collective rights of maintenance, management and operation; Non-operating assets should not be converted into shares and quantified to households, and should be managed and protected in a unified manner according to their different investment sources and relevant regulations. (Provincial Department of Agriculture and Animal Husbandry, Provincial Department of Land and Resources and other departments are responsible)
(3) Developing various forms of collective economy. Innovate the development mode of village-level collective economy, change the management mode of village-level collective economy, strengthen the strength of collective economy, enhance the service function of village-level organizations, and explore effective ways to develop collective economy from reality. Rural collective economic organizations can use collective "four barren" land (barren hills, gullies, barren hills, barren beaches), orchards, aquaculture water surfaces and other uncommitted resources to develop modern agricultural projects in a centralized way or through public bidding; We can use resources such as ecological environment, human history and so on to develop leisure agriculture and rural tourism. On the premise of meeting the planning, we can explore the use of idle real estate facilities and collective construction land. , through independent development, joint venture, cooperation and other ways to develop the corresponding industries. Support rural collective economic organizations to provide farmers and various agricultural business entities with agricultural productive services before, during and after delivery. Encourage village-level collective economic organizations to take the lead in setting up labor cooperatives or labor intermediary companies, and allow village-level collective economic organizations to independently declare agriculture-related projects. Encourage the integration and utilization of collective accumulated funds, government relief funds and donated funds. Develop the collective economy through various forms, such as shareholding in leading agricultural industrialization enterprises, village-to-village cooperation, village-to-village enterprise co-construction and poverty alleviation and development, explore special funds and project funds invested by governments at all levels and relevant departments in village-level collective economic organizations, and invest in cooperatives, enterprises or other economic organizations with relatively stable operating conditions in the form of village collective shares to strengthen the collective economic strength. (Provincial Agriculture and Animal Husbandry Department, Provincial Party Committee Organization Department, Provincial Development and Reform Commission, Provincial Department of Finance, Provincial Department of Land and Resources, Provincial Poverty Alleviation Office, Provincial Forestry Department, Provincial Water Resources Department, Provincial Tourism Development Committee, Provincial Administration for Industry and Commerce and other departments are responsible)
(4) Guide the standardized circulation and transaction of rural property rights. Accelerate the construction progress of the property rights transfer trading market that meets the actual needs of rural areas, and carry out transfer transactions such as rural contracted land management rights, collective forest rights, "four barren" land use rights, agricultural intellectual property rights, rural collective operating assets, agricultural production facilities and equipment, and the right to use small water conservancy facilities. Local governments at or above the county level shall, according to the nature, circulation scope and transaction demand of rural property rights elements, formulate measures for the management of property rights transfer transactions, improve market transaction rules, improve the operating mechanism, implement open transactions, set up rural property rights transfer transaction supervision committees, and strengthen the service, supervision and management of rural property rights transfer transactions. Safeguard farmers' land contracting rights, homestead use rights and collective income distribution rights, and explore effective ways to support and guide farmers to voluntarily transfer the above rights and interests according to law on the basis of pilot projects. (Provincial Agriculture and Animal Husbandry Department, Provincial Department of Finance, Provincial Government Finance Office, Provincial Department of Land and Resources, Provincial Poverty Alleviation Office, Provincial Forestry Department, Provincial Water Resources Department, Lanzhou Central Branch of the People's Bank and other departments are responsible)
Five, strengthen the party's leadership over the reform of rural collective property rights system.
(1) Strengthen organizational leadership. Party committees and governments at all levels should fully understand the importance, complexity and long-term nature of the rural collective property rights system reform, conscientiously implement the central government's reform and deployment, not only encourage innovation and dare to experiment, but also grasp the direction, have historical patience, earnestly strengthen organizational leadership, and actively and steadily promote the reform. It is necessary to establish a leading system and working mechanism that is fully responsible at the provincial level and organized and implemented at the county level, set up a leading group for the reform of rural collective property rights system in the whole province, establish a regular consultation system, inform the progress of reform, and study and solve related problems. All localities should also set up leading groups for the reform of rural collective property rights system, and local party committee secretaries at all levels, especially county and township party committee secretaries, should personally take the lead and assume leadership responsibilities.
(2) Carefully organize and implement. All localities should sort out and refine various reform tasks, clarify the units undertaking the tasks, formulate supporting implementation plans, decompose tasks at different levels, put forward specific requirements, create guarantee conditions, and implement work measures to ensure that someone is in charge and someone is responsible; It is necessary to study and solve the contradictions and problems encountered in the reform in a timely manner, and report to the superior in time those involving major policy adjustments to ensure the harmony and stability of rural society. All relevant departments should do a good job in implementation according to their duties. In the process of rural collective property right system reform, especially in the stage of assets verification, it is necessary to adjust the industrial policies involved in the reform, introduce specific measures to support the reform, provide relevant data such as property right transfer and change registration, and pay attention to the coordination between departments. At the same time, in the process of rural collective property right system reform in our province, we should strengthen investigation and study, and provide suggestions for formulating and modifying rural collective economic organizations, land contracting, land expropriation, collective construction land entering the market, homestead management and other legal systems. Do a good job in policy evaluation in time and coordinate and solve the difficulties and problems encountered in the reform. Strengthen supervision and inspection, severely investigate and correct fraud and violations of the rights and interests of collective economic organizations and their members. Those who encroach on collective funds and assets should be paid back in full, those who violate discipline and discipline should be handed over to the discipline inspection and supervision organs for handling, and those who constitute a crime should be handed over to judicial organs for criminal responsibility according to law. All localities should pay attention to the systematicness and coordination of reform, make a good connection with the relevant reforms being promoted, and give play to the comprehensive effects of reform.
(3) Increase policy support. Before the end of 20 17, the relevant provincial departments should conduct an inventory of the policy documents related to the development of rural collective economy, clean up and abolish all kinds of unreasonable regulations that hinder the development of rural collective economy, and create a policy environment conducive to promoting the reform of rural collective property rights system. Rural collective economic organizations bear a large amount of rural social public service expenditure, which is different from general economic organizations, and the income obtained by their members from the collective according to the quantitative share of assets is also different from the general investment income. The tax authorities should actively carry out research and put forward opinions to support the reform of rural collective property rights system. In the reform of rural collective property rights system, the deed tax involved in the name change of obligee and the registration of property rights change of assets, the stamp duty involved in the signing of property rights transfer, and the registration fee of real estate such as land and houses in the process of ownership change are exempted. Further improve the mechanism of financial guidance, diversified investment and support for collective economic development. Assets formed by government subsidies, social donations, tax reduction and exemption are owned by rural collective economic organizations and can be quantified as shares held by collective members. Gradually increase the government's expenditure on rural public services and reduce the corresponding burden of rural collective economic organizations. Improve the financing and guarantee policies of financial institutions for rural collective economic organizations, and improve the risk prevention and sharing mechanism. (Provincial Party Committee Organization Department, Provincial Party Committee Agriculture and Industry Office, Provincial Government Finance Office, Provincial Development and Reform Commission, Provincial Finance Department, Provincial Department of Land and Resources, Provincial Public Security Department, Provincial Poverty Alleviation Office, Provincial Agriculture and Animal Husbandry Department, Provincial Forestry Department, Provincial Water Resources Department, Provincial Civil Affairs Department, Provincial Transportation Department, Provincial Construction Department, Provincial Education Department, Provincial Culture Department, Provincial Health and Family Planning Commission, Provincial Industry and Commerce Bureau, Provincial State Taxation Bureau, Provincial Local Taxation Bureau and other departments are responsible)
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