Detailed rules for the implementation of the work of linking the increase and decrease of urban and rural construction land in Zhuzhou City

Article 1 In order to further strengthen and standardize the pilot work of linking the increase and decrease of urban and rural construction land, according to the Land Management Law of the People's Republic of China, the Decision of the State Council on Deepening Reform and Strict Land Management, and the Opinions of the Ministry of Land and Resources on Strengthening the Management of Rural Homestead, Opinions on Standardizing the Pilot Work of Linking the Increase and Decrease of Urban Construction Land, Notice on Further Standardizing the Pilot Work of Linking the Increase and Decrease of Urban and Rural Construction Land, Measures for the Pilot Management of Linking the Increase and Decrease of Urban and Rural Construction Land, and combining with the actual situation of this Municipality, laws, regulations and policies such as Detailed Rules for the Management of Land Consolidation and Reclamation Projects Linked to the Increase and Decrease of Urban and Rural Construction Land in Hunan Province and Implementation Plan of Linking the Increase and Decrease of Urban and Rural Construction Land in Zhuzhou City have been formulated.

Article 2 These Detailed Rules shall apply to the site selection, declaration, implementation, acceptance, management and supervision of the urban and rural land increase and decrease linked project area in Zhuzhou City.

Article 3 The term "linking the increase and decrease of urban and rural construction land" as mentioned in these Detailed Rules refers to the combination of multiple rural construction land plots to be reclaimed as cultivated land (that is, the old plots to be demolished) and urban construction land plots with the same area to form a new demolition project area (hereinafter referred to as the project area). Through measures such as building new buildings and demolishing old ones, land consolidation and reclamation, the project area will be finally built on the basis of ensuring the balance of various land areas in the project area.

Article 4 The land consolidation and reclamation project in the demolition area mentioned in these Detailed Rules (hereinafter referred to as the demolition area project) refers to the consolidation and reclamation project of rural collective construction land and state-owned industrial and mining land that are unreasonable, inadequate and abandoned outside the urban planning circle.

Fifth the implementation of the project area must conform to the overall land use planning, and connect with the township construction planning and land consolidation special planning.

Sixth linked to the work management to implement the responsibility system of hierarchical management.

Linked to the implementation of "provincial director, city planning, county implementation" level management, the municipal government set up a leading group for the increase or decrease of linked work, responsible for coordinating major issues in linked work, formulating related policies for linked work, and implementing linked project funds. There is an office under the leading group, which is located in the Municipal Bureau of Land and Resources. The Municipal Bureau of Land and Resources and the Municipal Finance Bureau designate special personnel to carry out the work, be responsible for formulating the linked work plan within the jurisdiction and submitting it for approval, review the implementation plan of the project area, supervise the implementation of the project, supervise the use of linked funds, organize the project acceptance, and implement the return plan of turnover indicators.

The people's governments of counties and cities where new projects are located are responsible for raising funds, and the people's governments of counties and cities where old projects are demolished are responsible for implementing reclamation projects.

Article 7 The principle of project area declaration

(a) overall planning, guide the adjustment of urban and rural land use structure and layout optimization, promote land conservation and intensive use, and promote the coordinated development of urban and rural areas.

(2) Promoting agriculture through industry, improving farmers' production and living conditions, and promoting moderate scale operation of agriculture and the development of rural collective economy.

(3) Arrange the annual scale of building new buildings and demolishing old ones with linked turnover indicators, regulate the implementation progress, and assess the planned objectives.

(four) according to local conditions, overall arrangement, zero demolition and whole construction, easy before difficult, focused, step by step implementation.

(five) fully respect the wishes of the masses and safeguard the legitimate rights and interests of the collective and farmers.

(six) the project area must be balanced by local funds.

Article 8 Project application procedures in the project area

The people's governments of counties and cities where the project area is located shall submit to the Municipal People's Government the application for linked turnover index and the implementation plan of linked project area and other related materials. After being audited by the office of the Municipal Leading Group, they shall issue audit opinions and submit them to the Provincial Department of Land and Resources.

Article 9 Application materials for project establishment in the project area

(a) the basic situation of the project area, including the population, area, physical geography, land use status, land ownership and land use planning of the project area;

(2) Analyze the conditions, potential, feasibility and environmental impact of land consolidation and reclamation in the project area, implement the demolition of old plots, and determine the scale, scope and location of the demolition of old plots. Implement the scale, scope and location of the new plot;

(three) to formulate compensation plans for land consolidation and reclamation and project relocation and resettlement;

(four) the old demolition area ownership certificate and ownership summary table;

(five) put forward the use and return plan of the linked turnover index;

(six) put forward the arrangement of new land for construction;

(seven) proof of the source of funds;

(eight) the old district resettlement plan;

(nine) the resettlement plan of the new area;

(ten) the city and county people's government approved the merger and transformation of rural residential areas and related programs;

(eleven) the record of the hearing and the sign-in form;

(twelve) the commitment of the municipal and county people's governments on returning the turnover index;

(thirteen) the county land resources bureau, the Township People's government and the village, the relevant units signed an agreement;

(fourteen) involved in the demolition shall provide the demolition object (villagers or original land units) signed opinions;

(fifteen) the detailed status of the image data before the implementation of the old land demolition.

(sixteen) the location map of the project area (including the demolition of old plots and the construction of new plots), the current situation map of land use, and the overall plan map of land use;

(17) Survey and demarcation map of old plots (scale not less than1:2000);

(XVIII) Implementation plan for the demolition of old plots (scale not less than 1: 1 10,000);

(XIX) Plot survey and demarcation map of Jianxin District (scale not less than1:2000);

Tenth city, county and urban land and resources management departments should effectively organize the implementation of the project area according to the approved implementation plan, and be responsible for its authenticity and feasibility.

Through the project hook, the office of the leading group of the city hook signed opinions on the project declaration form, and made clear the indicators such as the project undertaker, project location, project type, project construction scale and project construction period. In principle, the project undertaker is the Land and Resources Bureau where the new district is located.

Through the demolition project of the project, the project construction unit shall organize the project design and budget preparation, and the Municipal Bureau of Land and Resources shall organize relevant departments to review the design and budget. After the project budget is audited by the municipal financial investment evaluation center, it is reported to the municipal leading group for determination. Project design and budget review through the project, by the Municipal Bureau of land and resources issued the project construction tasks and project budget, clear project construction scale, new arable land, investment scale, main engineering tasks and sources of funds. In principle, the project construction unit is the Land and Resources Bureau where the old district is located.

Once the project design and budget are approved, they shall not be modified without authorization. If adjustment is really necessary for special reasons, it shall be reported to the original approval authority for approval according to the original procedures.

Eleventh project area to participate in engineering construction must strictly implement the project legal person system, bidding system, contract system, publicity system, supervision system and clean government construction system.

The project construction unit shall, in accordance with the relevant provisions of bidding, organize or entrust a bidding agency to bid for all projects or individual projects and special professional projects linked to the project, determine the project construction unit, and sign the project contract according to the Measures for the Administration of Bidding for Land Development and Consolidation Projects in Hunan Province.

Article 12 Completion acceptance of the project area

After the completion of the project, the project undertaker and the construction unit shall organize the preliminary inspection of the project, handle the final accounts and project settlement, and write the completion report and submit the acceptance application after the municipal financial investment evaluation center reviews and issues the final accounts.

(1) Basis for completion acceptance

1. Implementation planning and approval documents of the project area.

2. Implement planning change documents and land ownership adjustment scheme.

3. Current national and provincial industry standards and relevant regulations.

(2) Contents of completion acceptance

Implementation of project area planning, survey on the satisfaction of relocated farmers, quantity and quality of reclaimed arable land and increase of effective area of arable land, centralized residential land for farmers in new areas and land for new plots in cities and towns, fund use management, project quality, land ownership management, file management, project management and protection measures, follow-up utilization and return of linked turnover indicators, etc.

(three) the materials that should be submitted for the completion acceptance.

1. Request for instructions on completion acceptance of the project area, self-inspection report and preliminary inspection opinions of the municipal (state) land and resources management department.

2. Completion report of the project area.

3. Completion drawing of the project area.

4 project area approval documents and approved project area implementation planning scheme.

5. Land use structure change table and related image data before and after the implementation of the project area.

6. Report on the implementation of land ownership adjustment plan.

7. Bidding and supervision related materials in the project area.

8 project quality acceptance report (including the house acceptance report issued by the acceptance qualification unit).

9. Financial final accounts and audit report of the project.

10. Survey report on the satisfaction of relocated farmers issued by the township government.

1 1.

12. sign a contract agreement with farmers for reclaimed farmland.

13. Reclaimed cultivated land quality report, qualified documents and basic farmland maps.

14. Report on turnover indicators linked to returns.

15.

(4) Completion acceptance procedures

The acceptance of the project area should be carried out from bottom to top.

By the project area where the county land and resources management department self-examination, the municipal land and resources department of the demolition of old plots of land reclamation quantity and quality, the scale of new plots and linked turnover index return to conduct a preliminary inspection, the provincial land and resources department to organize the final inspection.

Thirteenth city and county land and resources management departments should do a good job in the project area archives management, collect and sort out relevant documents and materials, archive and keep them properly.

Article 14 Use and management of linked turnover indicators

The linked turnover index is managed according to the principle of "total control, closed operation, regular assessment and return at maturity", which is specially used to control the area and scale of new plots in the project area, and is returned together with the area of agricultural land (cultivated land) reclaimed by demolition of old plots within the specified time, and the returned area of agricultural land (cultivated land) shall not be less than the linked turnover index issued. Turnover indicators can be returned quickly and can be used in a rolling way within a specified period of time, not exceeding the total amount.

After the final acceptance of the project area, the Provincial Department of Land and Resources will issue an acceptance letter.

Fifteenth Zhuzhou City Land Reserve Center, as the project owner, is responsible for organizing the examination and approval of land in the new district, charging fees and the use of linked funds, and setting up a special account for the increase or decrease of linked funds to ensure that the funds are earmarked.

(1) Source of funds:

1. financial allocation. Mainly refers to the special funds allocated by the financial department to the municipal land reserve center.

2. Land units that use the turnover index linked to the increase or decrease of urban and rural construction land shall pay the new construction land use fees, land reclamation fees and other expenses standards in advance to the old area reclamation funds for demolition and the balance funds linked to the increase or decrease of projects.

3. Collective, farmers and economic entities * * * and investment.

4. Absorb social capital investment.

(2) Fund management:

Measures for the management of funds linked to the increase or decrease of urban and rural construction land shall be formulated separately.

1. The project owner shall be responsible for the management of the use of project funds, establish and improve the accounting system, and ensure that the funds are earmarked.

2. Linked to the fund balance, the city, county and urban level are divided into urban construction new district projects according to 5: 5, and the county construction new district projects are returned in full according to the project area, which is specially used for linking the increase and decrease of urban and rural construction land.

Article 16 House demolition and farmers' resettlement in the old demolition area: If the old demolition area involves house demolition, the principle of farmers' voluntariness must be adhered to, and the farmers themselves should apply.

(a) farmers resettlement take the following three ways:

1. Centralized resettlement site: take the way of demolition and reconstruction, and give the demolished farmers a reconstructed homestead. Combined with the "Village Construction Planning", the principle of "unified planning and independent construction" is adopted. Centralized resettlement area, the approved homestead area is 30-35 square meters per person, supporting a certain area of production and public construction land. If the area of the rebuilt homestead is smaller than the original housing area, the subsidy of "three links and one leveling" will be given 120 yuan/square meter. Infrastructure construction in centralized resettlement areas is invested by the government.

2. Centralized apartment-style resettlement: the government adopts the method of "changing houses from homesteads" to build apartment-style resettlement houses in a unified way. Farmers who have the intention to change houses apply to the village Committee, and the village Committee will formulate measures for changing houses in villagers' homesteads and submit them to the villagers' congress or the villagers' congress for adoption. The village Committee signed an agreement with the villagers to exchange houses for homesteads. The village Committee then signed a general agreement with the county and municipal people's governments to exchange houses with homesteads.

3. Self-placement: The government will compensate according to the purchase standard, and the farmers who have been removed will be resettled by themselves, and no homestead or "house for homestead" will be arranged.

(2) Compensation standard for house demolition: relevant legal certification materials must be provided for house demolition in the old demolition area. The compensation standard for demolition shall refer to the compensation standard for land acquisition and demolition in Zhuzhou City.

(three) after the completion of the relocation of farmers, the villagers' committee shall be responsible for organizing the house demolition.

Seventeenth linked projects land acquisition

(a) the new land in the project area needs to be requisitioned as state-owned land, which can be submitted for approval according to the batch of construction land and compensated according to the original category; Business land must be provided by bidding, auction and hanging according to regulations, and land for real estate development must be state-owned.

(two) the expropriation of new plots for the construction of linked projects must conform to the overall land use planning, town planning and the approved linked pilot project planning. The newly-built plots declared for expropriation must be incorporated into the new project area, and the location and plots of the expropriated land must be consistent with the location and plots of the newly-built plots approved by the project declaration. In principle, the linkage project should have been dismantled and passed the acceptance.

Article 18 Counties and cities with good turnover indicators linked to returns can appropriately allocate more turnover indicators when decomposing indicators in the next year, and give preferential treatment to their annual land use planning indicators, and reward units and individuals who have made outstanding contributions in the work of linking up the increase and decrease of urban and rural construction land; For counties and cities that fail to return the linked turnover index in time as planned, stop issuing the linked turnover index for the next year, and deduct the annual land use plan accordingly. If the situation is serious, stop carrying out the pilot work of linking.

Article 19 The directly responsible person in charge and other responsible personnel who violate the relevant provisions of these Rules, such as fraud and other violations of discipline and discipline, shall be investigated for responsibility in accordance with the relevant provisions.

Twentieth approach by the Municipal Bureau of land and resources is responsible for the interpretation of.

Article 21 These Measures shall be implemented as of the date of promulgation.