Article 1 In order to further strengthen and standardize the pilot work of linking the increase and decrease of urban and rural construction land, these Measures are formulated in accordance with the provisions of the State Council's Decision on Deepening Reform and Strict Land Management (Guo Fa [2004] No.28).
Article 2 The term "linking the increase and decrease of urban and rural construction land" as mentioned in these Measures refers to combining a number of rural construction land plots to be reclaimed as cultivated land (that is, the old plots to be demolished) with the plots to be used for urban construction (that is, the new plots to be built) into a new demolition project area (hereinafter referred to as the project area), and finally on the basis of ensuring the balance of various land areas in the project area,
Article 3 The pilot linking work should be guided by the implementation of Scientific Outlook on Development, with the protection of cultivated land and farmers' land rights and interests as the starting point, with the goal of improving rural production and living conditions and coordinating urban and rural development, with the focus on optimizing land use structure and saving intensive land. Follow the following principles:
(a) planning and coordinating the pilot work, guiding the structural adjustment and layout optimization of urban and rural land use, promoting the economical and intensive use of land and promoting the coordinated development of urban and rural areas.
(two) arrange the scale of new construction and old demolition in the project area with the linked turnover index, regulate the implementation progress, and assess the planned objectives;
(3) With the implementation of the project area as the core, double-layer examination and approval, assessment and management shall be carried out for new buildings and demolition of old buildings in the administrative area and the project area to ensure that the effective area of cultivated land will be increased and the quality of cultivated land will be improved after the implementation of the project area, and the total amount of construction land will not exceed the original scale;
(four) according to local conditions, overall arrangement, zero demolition and whole construction, easy before difficult, focus on key points, step by step implementation;
(five) respect the wishes of the masses and safeguard the legitimate rights and interests of the collective and farmers;
(6) Promoting agriculture through industry, improving farmers' production and living conditions through pilot work, and promoting moderate scale operation of agriculture and the development of rural collective economy.
Article 4 The Ministry of Land and Resources shall be responsible for the policy guidance, scale control, supervision and inspection of the nationwide linkage pilot work; The provincial land and resources departments of pilot provinces (autonomous regions and municipalities) are responsible for the overall deployment and organization and management of the pilot work within their respective jurisdictions; The land and resources departments of pilot cities and counties are responsible for the specific organization and implementation of the pilot work within their respective administrative areas.
Linked to the pilot work should be organized and coordinated by the municipal and county people's governments, and the relevant departments should cooperate with each other to jointly promote.
Fifth linked to the pilot work to implement the administrative region and the project area of two-tier management, with the project area as the main organization and implementation. The project area should be set in the administrative area of the pilot cities and counties, giving priority to the urban-rural fringe areas; The newly built and demolished plots in the project area should be relatively close to facilitate implementation and management, and avoid basic farmland;
The total area of new plots in the project area must be smaller than that of demolition plots, and the quantity and quality of cultivated land reclaimed by demolition plots are higher than that occupied by new plots.
In the project area, if the area of cultivated land arranged by demolition of old plots is larger than that occupied by new plots, it can be used to build the balance of cultivated land occupation and compensation.
Sixth linked to the pilot through the issuance of urban and rural construction land increase or decrease linked to turnover indicators (hereinafter referred to as linked turnover indicators). The linked turnover index is specially used to control the scale of new plots in the project area, and at the same time, it is used as the demolition standard of old plots to sort out the reclaimed cultivated land area. May not be used as an annual new construction land plan index.
The linked turnover index should be returned together with the cultivated land area reclaimed by the demolition of old plots within the specified time, and the area should not be less than the linked turnover index issued.
Seventh linked to the pilot cities and counties to carry out special investigations, find out the status quo, ownership and grade of land use in the pilot areas, analyze the potential of rural construction land consolidation and reclamation and the demand for urban construction land in the pilot areas, and understand the production and living conditions of local people and their willingness to build new buildings and demolish old ones.
Eighth linked pilot cities and counties should be based on the overall land use planning and special investigation, the preparation of linked pilot special planning, overall arrangement of linked pilot project regional scale layout, do a good job with the city, town planning and so on.
Article 9 Linked pilot counties (autonomous regions and municipalities) shall, on the basis of special investigation and planning of linked pilot projects, formulate the implementation plan of the project area, make overall plans to determine the scale, scope and layout of the increase of urban construction land and the merger of rural construction land, rationally arrange the proportion of urban and rural construction land in new areas, give priority to ensuring the resettlement of relocated farmers and the land for rural public facilities construction, and reserve space for the development of local rural collective economy.
The implementation planning of the project area mainly includes the potential analysis of rural construction land consolidation and reclamation, the scale and scope of the project area, and the adjustment of land use structure. Implementation sequence, turnover index scale, use and return plan of the project area; Compensation scheme for consolidation, reclamation and resettlement of old demolition areas; Capital budget and financing, etc. , as well as the status map of land use in the project area and the implementation plan map of the project area.
Tenth linked to the pilot work must be approved by the Ministry of land and resources, and the pilot work shall not be carried out without approval.
The provincial land and resources department shall formulate the overall plan for the pilot work and submit an application to the Ministry of Land and Resources to carry out the pilot work. The Ministry of Land and Resources shall review the overall plan of the pilot work reported by the provincial land and resources department and approve the convergence of the pilot provinces.
Approved by the provincial land and resources department, according to the overall plan of the pilot work, organize the city and county land and resources departments to prepare the implementation plan of the project area, and audit the establishment of the project area alternative library; According to the warehousing situation of the project area, apply to the Ministry of Land and Resources for the turnover index.
On the basis of verifying the alternative library of the project area, the Ministry of Land and Resources approved and issued the scale of linked turnover index according to the principle of total control.
Article 11 A linked pilot shall meet the following conditions:
(a) the contradiction between supply and demand of construction land is prominent, and the consolidation and reclamation of rural construction land has great potential;
(2) The local government attaches great importance to the enthusiasm of the masses;
(three) the rapid economic development, with strong economic strength, can guarantee the funds needed for the resettlement and demolition of new immigrants;
(four) strict and standardized land management, solid business foundation, with strong institutional innovation and exploration capabilities.
Article 12 The pilot provinces (autonomous regions and municipalities) shall, according to the scale of linked turnover index approved and issued by the Ministry of Land and Resources, select the best pilot project area in the alternative database of the project area, and make overall examination and approval for the implementation planning of the project area and the demolition of new buildings, and no longer go through the examination and approval procedures for the conversion of agricultural land separately. The overall examination and approval results are reported to the Ministry of Land and Resources for the record.
The project area can be implemented only after the overall approval, and the linked turnover index shall not be used in the project area without the overall approval; Land that is not included in the project area and has no linked turnover index shall not change its land use. Where agricultural land is converted into new construction land, the procedures for conversion of agricultural land shall be handled according to law.
Thirteenth before the implementation of the project area, the agricultural land and cultivated land occupied by new construction should be measured, graded and registered.
Fourteenth in the implementation of the linkage pilot project, the relevant provisions of land consolidation and reclamation should be strictly implemented in the demolition and consolidation of old plots in the project area. For projects involving construction, the systems of project legal person system, bidding system, project supervision system and announcement system should be implemented.
Fifteenth linked turnover indicators to the administrative region and the project area as the assessment unit, the size of the new land area shall not exceed the scale of linked turnover indicators issued. The use of related turnover indicators in each project area should be evaluated and managed independently; The use of turnover indicators linked to pilot cities and counties should be assessed and managed as a whole in all project areas within the comprehensive administrative region.
The departments of land and resources of pilot cities and counties shall, in accordance with the principle of "total control, closed operation, regular assessment and due return", formulate and establish a management ledger for linked turnover indicators, and supervise the release, use and return of linked turnover indicators throughout the process.
The period from the overall approval and implementation of linked turnover indicators to the return of indicators is generally not more than three years. The project area should formulate an annual index return plan, and the land and resources departments of pilot cities and counties should supervise the implementation of the index return progress; The pilot provincial land and resources departments shall inspect and accept the return of turnover indicators linked to each pilot city and county according to the index return plan every year.
Sixteenth new plots in the project area should be supplied and used in accordance with the national land supply policy and the requirements of economical and intensive land use. If it is really necessary to requisition collective land, the land requisition procedures shall be handled according to law.
Through land evaluation, clear land ownership, according to the principle of equivalent exchange of similar land, reasonable land adjustment, exchange and compensation. In accordance with the requirements of "legality, voluntariness, compensation and standardization", we will explore the circulation of collective construction land, innovate the mechanism, and promote the pilot work of linking.
Seventeenth project site layout should hold hearings and demonstration meetings, fully absorb the opinions of local farmers and the public, and it is strictly forbidden to demolish and build against the wishes of farmers; During the implementation of the project area, the adjustment and exchange of agricultural land or construction land should be confirmed by collective economic organizations and farmers. Involving collective land expropriation, it is necessary to inform, hear and confirm, and properly compensate and resettle the collective and farmers.
The proceeds from paid land transfer in the new area will be used for rural and infrastructure construction in the project area. In accordance with the requirements that cities feed back rural areas and industries feed back agriculture, priority will be given to supporting rural collectives to develop production and improve farmers' living conditions.
Eighteenth city and county land and resources departments should implement dynamic supervision of the pilot work, and report the progress of the pilot to the superior land and resources department every six months; Provincial land and resources departments should regularly inspect and guide the pilot work within their respective administrative areas, organize the annual assessment at the end of each year, and report the assessment to the Ministry of Land and Resources for the record.
Nineteenth after the completion of the implementation of the project area, the pilot county land and resources department will conduct preliminary acceptance. After the preliminary acceptance, the applicant shall apply to the land and resources department at the next higher level, and the provincial land and resources department shall organize the formal acceptance, and report the acceptance results to the Ministry for the record.
At the time of acceptance of the project area, it is necessary to provide the current land use map and necessary remote sensing image data of the project area with the scale of 1: 1 000 or more, and compare them with the map data before the implementation of the project area.
Twentieth after the completion and acceptance of the project area, the cadastral survey and land change survey must be completed within the specified time, the land boundary should be defined, and the land change registration procedures should be handled according to law.
Twenty-first pilot land and resources departments at all levels should use computers and other means to register and summarize the area of new buildings and old buildings, turnover indicators, land ownership and so on. , the establishment of project area database, strengthen information management.
Twenty-second Ministry of land and resources regularly inspect the pilot work, and the provinces (autonomous regions and municipalities) that fail to return the indicators in time as planned should make rectification within a time limit. If the circumstances are serious, the pilot work should be suspended; Unauthorized expansion of the scope of the pilot, to break through the scale of turnover indicators, to stop the province (autonomous regions and municipalities) linked to the pilot work, and the corresponding deduction of land use annual plan indicators.
Twenty-third pilot provinces (autonomous regions and municipalities) can be combined with the actual situation in the region, with reference to these measures, formulate specific implementation measures.
Article 24 These Measures shall be implemented as of the date of promulgation.
ministry of land and resources of the people's republic of china
June 27(th), 2008