Xinyang countryside land right confirmation zero distance

It's time to complete the registration and certification of confirmation. According to Xinyang's implementation plan for the registration and certification of rural land contractual management rights, the registration and certification of rural land contractual management rights in 20 15 years will be completed in 20 147 townships and 2067 administrative villages.

Implementation scheme of registration and certification of rural land contractual management right in Xinyang city

In 20 15, our city was identified by the provincial government as a "whole promotion" city for the registration and certification of rural land contractual management rights (hereinafter referred to as the registration and certification of ownership). In order to do a good job in promoting the overall work, according to the "Implementation Opinions of the General Office of the People's Government of Henan Province on Carrying out the Registration and Certification of Rural Land Contracted Management Right" (Yu Fu Fa [2015] No.39), combined with the actual situation of our city, this implementation plan is formulated.

I. Objectives and tasks

In 20 15, 147 townships and 2067 administrative villages were fully registered and issued certificates.

Second, the basic principles

(1) Insist on stabilizing the land in contract relationship. To carry out the registration and certification of ownership, we must maintain the stability of the existing rural land in contract relationship. It is necessary to confirm the ownership of the contracted land on the basis of the existing land contract ledger, contract and certificate, and insist that the original land contract relationship remains unchanged, the contracted land and area of the contracted households remain relatively unchanged, and the starting and ending years of the second round of land contract remain unchanged. It is strictly forbidden to take the opportunity to illegally adjust, disrupt subdivision or recover farmers' contracted land. Individual villages (groups) who require the adjustment of plots should be properly handled in accordance with laws and policies. The plots that really need to be adjusted due to natural disasters and other reasons shall be confirmed after adjustment according to legal conditions and procedures.

(2) Adhere to the principle of confirming rights. To confirm the right to contracted management of land, we must insist on confirming the right to households, and on the whole, we must be accurate to households, strictly grasp the scope of confirming the right, and adhere to the use of agricultural land. For rural land that has been contracted to households, it is necessary to confirm the right to households. In economically developed areas and urban suburbs, if it is impossible to confirm the right to the household due to the implementation of land joint-stock cooperation, inclusion in urban development planning, lack of land, long-term disruption of land boundaries, etc., it is necessary to make a decision on the basis of farmers' willingness in strict accordance with the conditions and procedures for confirming the right to the household formulated by relevant provincial departments to effectively protect farmers' rights and interests in land contracting. It is not allowed to violate the wishes of farmers, and the administrative promotion is inaccurate. We can't simply force farmers who don't want to confirm their shares in the name of the minority obeying the majority.

(3) Adhere to standardized and orderly operation according to law. Strictly implement the Land Administration Law of the People's Republic of China, the Property Law of People's Republic of China (PRC), the Rural Land Contract Law of People's Republic of China (PRC) and other relevant laws, and refer to the Measures for the Administration of Rural Land Contract Management Certificate in People's Republic of China (PRC) (Order No.33 of the Ministry of Agriculture) and the Rules for the Investigation of Rural Land Contract Management (NY/T2537). Under the premise of not violating the spirit of laws and policies, difficult problems should be properly handled through democratic consultation. If the ownership dispute is not resolved, it shall not be registered and issued.

(4) Adhere to the peasants as the main body. Major issues in the registration and certification of ownership rights shall be decided by members of collective economic organizations through democratic discussion, so as to make the contents, procedures, methods and results public and effectively protect farmers' right to know, participate and supervise the registration and certification of ownership rights. The village (group) collective ownership registration certification scheme should be fully discussed and agreed within the collective members. Materials such as contracted land area and four districts must be signed and approved by farmers. For farmers who go out, it is necessary to inform the households in time. Encourage all localities to organize farmers to exchange and merge land on the premise of farmers' willingness to solve the problem of fragmentation of contracted land.

(five) adhere to the classification of responsibility. All levels, especially the county and township levels, are fully responsible for the registration and certification of ownership within their respective administrative areas. The municipal level is mainly responsible for organization and coordination, and is responsible for the construction of municipal databases and information platforms, and is responsible for training the backbone of county and township work. The county and township levels are mainly responsible for organizing the implementation. At all levels, it is necessary to specify special personnel to carry out special tasks, realize linkage from top to bottom, and form an overall resultant force.

(6) Insist on encouraging innovation according to local conditions. Make full use of the results of the second national land survey and the registration of rural collective land ownership, explore practical, scientific, simple, economical and practical ways and means, and properly solve the remaining problems. With accurate content, complete procedures and no remaining problems, the right to contracted management of rural land can be directly registered. Villages (groups) with good economic and mass ideological foundation can directly carry out joint-stock reform and develop land joint-stock cooperatives. Encourage the government to purchase services, and hand over the household survey, publicity, actual measurement and printing of business warrants to the society.

Third, the focus of work

(a) inventory of land contract files. Check, sort out and file the relevant files of rural land contractual ownership, make up the construction, repair and preservation as required, find out the current situation of contracted land, find out the original records such as the name, location, area, four directions, use and circulation of contracted land, and focus on solving the problems such as irregular land contracting scheme, contract and contract ledger; Find out the household contract status of farmers, collect, sort out and check the contractor's representatives, family members and their changes. Support the combination of file inventory and information management of land contract, and promote the digitalization of original file management of land contract.

(2) Investigate the right to contracted management of land. Conduct a survey on the right to contracted management of land, and find out the ownership of contracted land rights. Focus on the investigation of the employer, the contractor and the contracted land, fill in the employer's questionnaire, the contractor's questionnaire and the contracted land questionnaire truthfully and accurately, and make the survey results publicity form and the ownership declaration form. Based on the registration results of rural collective land ownership and the results of the second national land survey, using existing maps, images or new aerial survey data, the working base map and survey sketch are drawn, and according to the requirements of the Regulations on the Investigation of Rural Land Contracted Management Right (NY/T 2537-20 14), the area and area of farmers' contracted land are found out by adopting technical methods that conform to standards and norms and are recognized by farmers. After the investigation results are publicized by the village (group) and confirmed by the township, they will be used as the basis for the confirmation, alteration, dissolution and cancellation of the land contract and the land contract management right. If there is any objection to the publicity content, it shall be verified by supplementary measurement.

(3) Improve land contracting. According to the investigation results confirmed by public announcement, the land contract should be improved as the legal basis for the contractor to obtain the right to contracted management of land. Farmers who have not signed a land contract should re-sign a land contract; Farmers whose contracts are lost or incomplete should sign and improve land contracts. If the actual contracted area is inconsistent with the original land contract and ownership certificate, the ownership shall be confirmed according to the collective ownership registration and certification scheme. The land belonging to the four districts of the original contracted land shall be confirmed to the original contracted farmers in principle. Without the consent of the collective members, the contractor's over-contracted area shall not be converted into other contracting methods and the contracting fee shall be charged. The filing period of the land contract is calculated from the second round of contract extension organized by the local unified organization, and the contract period is 30 years. Upon the expiration of this round of land contract period, it shall be implemented in accordance with the laws at that time and the policies and regulations to keep the existing land in contract relationship stable and unchanged for a long time.

(four) to establish and improve the register of land contractual management rights. The rural land contract management departments of counties (districts) should establish and improve a unified and standardized land contract management right register according to the improved land contract, take contracted farmers as the basic unit, and clarify the scope, area and ownership of each contracted land according to the principle of "one household is thin" as the basis for unified registration of real estate in the future. The contracted farmers who have established the register should supplement and improve the relevant registration information. If the contracted farmers voluntarily propose to change or cancel the registration, they shall change or cancel it after verification and confirmation, and indicate it in the register.

(five) the issuance of rural land contract management right certificate. According to the improved land contract and the established rural land contractual management right register, on the basis of ensuring accurate information and clear rights and responsibilities, the rural land contractual management right certificate is issued to the contractor in accordance with the prescribed procedures and the revised rural land contractual management right certificate sample. The rural land contractual management right certificate is uniformly printed by the county (district). The issued rural land contractual management right certificate is recovered and destroyed by the rural land contractual management department of the county (district). The head of the household or the owner specified in the rural land contractual management right certificate shall embody the principle of equality between men and women. On the basis of respecting family wishes, both husband and wife can be registered as contractor representatives and owners. If the equity confirmation is inaccurate, it is necessary to issue the rural land contractual management right certificate to the contractor, and indicate that the equity confirmation is the equity confirmation; If the contractor wishes to make a request, the employer may issue the rural collective land share certificate to the contractor. In the process of perfecting the contract and issuing the business license, in line with the principle of voluntariness, if the farmers require notarization, the notarization institution of the judicial administrative department at the county level shall handle the notarization centrally and uniformly. In order to link up with the unified registration of real estate, contracted farmers can apply voluntarily and exchange certificates linked up with the unified registration of real estate for free in the future.

(six) the construction of land contractual management rights information application platform. Make full use of existing resources and establish an information application platform for the interconnection of land contractual management rights at the national, provincial, municipal and county levels. According to the requirements of the rural land contractual management right registration database specification (NY/T 2539-2014), the rural land contractual management right registration and certification database and the land contractual management right registration information platform were established on the basis of unifying the software of rural land contractual management right registration and certification, which realized the informationization of land contractual management, ownership registration, management right transfer and dispute mediation. Based on the registration results and existing resources of county-level land contractual management rights, it is necessary to summarize them step by step, establish a data summary and dynamic management system for the registration and certification of land contractual management rights at the national, provincial, municipal and county levels, and realize the information sharing of the real estate registration information platform.

(seven) establish and improve the file management system. According to the Notice of the State Archives Bureau of the Ministry of Agriculture on Printing and Distributing the Administrative Measures for the Registration and Certification of Rural Land Contractual Management Right (14), we should conscientiously do a good job in the collection, sorting, identification, storage, compilation and utilization of the archives for the registration and certification of land contractual management right. Archives management should be deployed, implemented, inspected and accepted synchronously with the registration and certification of ownership, so as to be organized in an orderly manner, complete in variety and safe in storage, and all kinds of archival materials should meet the requirements of long-term preservation.

Fourth, the basic steps

(1) preparation stage (April)

1. Counties (districts) should set up a leading group and daily offices headed by the main person in charge of the government, with the heads of agriculture, civil affairs, finance, land resources, legal system, archives, justice, water conservancy, forestry and other units as members, and be specifically responsible for organizing and guiding the formulation of plans, publicity and training, inventory confirmation, summary and acceptance. The township and village (group) shall set up an implementation team for the registration and certification of ownership, which shall be responsible for the registration and certification of ownership of the township and village (group).

2. Make a plan. Counties (districts) shall, in accordance with the spirit of "Implementation Opinions of the General Office of the People's Government of Henan Province on Carrying out the Registration and Certification of Rural Land Contracted Management Right" (Yu Zheng Ban [2015] No.39), formulate detailed and specific implementation plans in combination with the requirements of this implementation plan and local conditions, further refine the work tasks, and clarify the work progress and time schedule. The implementation plan will be reported to the office of the Municipal Registration and Certification Leading Group.

3. Publicity and mobilization. Take radio, television, internet, etc., hold meetings, print and distribute propaganda slogans, etc. , widely publicize the "People's Republic of China (PRC) Rural Land Contract Law" and other laws and regulations and the current rural land contract policy, clarify the significance, content, methods and steps of carrying out the registration and certification of ownership, and create a good social atmosphere.

4. Conduct training. City, county and township should organize and carry out relevant policies, regulations and business training on ownership registration and certification at different levels. Counties (districts) should deploy county and township cadres who are familiar with rural work and understand rural policies to set up working groups and supervision teams to help villages and towns carry out their work, strengthen service guidance, and implement relevant policies and regulations, professional knowledge, working procedures and operating procedures at the grassroots level to ensure the quality of work.

(2) Implementation stage (May-165438+1October)

1. Conduct a thorough investigation. Based on the results of the second national land survey, the confirmation of rural collective land ownership and the existing rural land contract relationship established since the second round of contract extension, in accordance with the relevant requirements of the Notice of the General Office of the Ministry of Agriculture on Printing and Distributing the Pilot Work Rules for the Registration of Rural Land Contracted Management Right (Trial) (Nongban Jing [20 12] 19), combined with rural land contract ledger, contract, business license and other files, Find out the contracted land, area, scope, ownership nature, land type and management mode, form basic data and vector diagram as the original data of ownership registration, and implement the survey results to farmers. Collect, summarize, sort out and check the situation and information of contractors, owners of contractual management rights, contracted plots, areas, boundaries and land changes. Investigate existing and possible land contract disputes, give full play to the role of township mediation and county-level arbitration institutions, put forward solutions in time, and actively do a good job in resolving them.

2. Mapping and publicity (June to September). According to the Rules for the Investigation of Rural Land Contracted Management Right (NY/T 2537-2014), professional surveyors with corresponding qualifications were hired, and the coordinate system consistent with the results of registration and certification of rural collective land ownership was adopted to investigate and check the plots, areas, boundaries and spatial locations of farmers' contracted land, and the spatial location map of farmers' contracted land was drawn and compiled. Cadastral sketches will be publicized to confirm household registration information, and the contract will be improved on this basis. The disputed land ownership should be resolved according to law before the ownership registration. Approved by farmers and summarized by the township (town) government and reported to the county government for confirmation.

3. Registration certification (June 5438+ 10). The county (district) land contract management department shall, according to the information submitted by the township (town), compile and establish a "one household, one book, one number" rural land contract management right register, so that the ownership is clear, the contract is standardized, the warrants are complete, the account books are perfect and the responsibilities are clear. According to the procedures of application, examination, registration and certification, the certificate of rural land contractual management right is issued by the county government according to the rural land contractual management right register.

4. Database construction and archiving (1 1 month). According to the requirements of "Norm for the Registration Database of Rural Land Contracted Management Right" (NY/T2539-2014), all kinds of materials formed in the process of registration and certification of rural land contracted management right and accurate information of farmers' contracted land were uniformly entered into the registration database of rural land contracted management right, and an information system for registration and management of rural land contracted management right was established. At the same time, the valuable historical records in various carrier forms directly formed in the process of confirmation registration and certification are classified and filed and properly preserved.

(3) Acceptance stage (65438+February)

After the work of ownership registration and certification is completed, the leading group of ownership registration and certification in cities and counties shall organize personnel to inspect and verify the completion of work in various places in accordance with relevant requirements. Counties (districts) before the end of 20 15, the summary of local ownership registration and certification work shall be submitted to the office of the leading group for city ownership registration and certification.

Verb (abbreviation for verb) protection

(1) Strengthen organizational leadership. The municipal party committee and municipal government set up a leading group for the registration and certification of city ownership, with the principal responsible person of the government as the leader, the responsible comrades of the party committee and government as the deputy heads, and the municipal agriculture bureau and other departments as members, responsible for organizing and coordinating, and studying and solving major problems encountered in the work. Counties and townships should set up organizations, strengthen leadership, put the registration and certification of ownership on an important agenda, and earnestly assume the responsibility of organizing implementation. It is necessary to give full play to the role of rural grass-roots party organizations, villagers' committees and rural collective economic organizations, and mobilize and organize farmers to actively participate in the registration and certification of ownership. All levels should designate special personnel to carry out special tasks, realize linkage from top to bottom, form an overall joint force, and ensure that the registration and certification of ownership are carried out as planned.

(2) Strengthening departmental responsibilities. Counties (districts) and relevant departments should conscientiously implement the requirements of the central, provincial and municipal authorities on the registration and certification of ownership, clarify the division of labor, and implement responsibilities. Nongban is responsible for policy research and work supervision; The agricultural department is responsible for publicity and training, business guidance, and do a good job in organizing the implementation and assessment of the implementation opinions; The financial department is responsible for the overall arrangement of funds for the registration and certification of ownership according to actual needs, and strengthening the supervision of funds; The land and resources department is responsible for providing the latest national land survey results and rural collective land ownership registration results free of charge, and guiding the handling of related ownership contradictions and disputes; The legal department is responsible for providing relevant legal services and promoting the registration and certification of rights according to law; The archives department is responsible for guiding the filing and management of materials related to ownership registration and certification; The propaganda department is responsible for the publicity report of ownership registration and certification; The ethnic affairs department is responsible for mediating ethnic contradictions in the registration and certification of ownership; The civil affairs department is responsible for providing information about administrative boundaries in the work of ownership registration and certification, and mediating ownership disputes involving administrative boundaries; The judicial administrative department is responsible for legal publicity and legal aid in the process of ownership registration and certification; Water conservancy and forestry departments are responsible for the coordination and cooperation of ownership registration and certification; The Women's Federation is responsible for the protection of the rights and interests of women and children in the process of registration and certification. It is necessary to strengthen the organization and leadership of villages (groups) in the registration and certification of ownership, give full play to the role of rural grassroots party organizations, villagers' committees and rural collective economic organizations, and mobilize and organize farmers to actively participate in the registration and certification of ownership.

(3) Grasp the policy boundary. Strictly implement the laws and policies related to rural land contracting, and carry out the registration and certification of ownership right on the basis of the existing rural land contract, rural land contractual management right certificate and rural collective land ownership registration results. The measured area shall be registered according to the facts after publicity as the basis for changing the ownership. The estimated area is not linked to the agricultural subsidy base determined according to the contracted area for the time being, nor to other expenses and labor standards that farmers need to bear, and will be strictly implemented according to the demand after the central government makes clear the policy. If the extension facilities are not perfect, the rights are not implemented, and the management work is not standardized, it shall be corrected according to law. Disputes and disputes should be resolved according to law before registration and confirmation. The work not only respects history, but also faces up to reality, fully respects farmers' wishes, and solves the problems such as the inconsistency between the land area actually contracted by farmers and the original contract records.

(four) the implementation of security funds. Confirmation of registration and certification shall not charge any fees to farmers. In order to ensure the smooth progress of the registration and certification of ownership, the central and provincial governments respectively give subsidies according to the standards of per mu 10 yuan and 5 yuan, and use them once. Counties (districts) should incorporate the funds for registration and certification of ownership into the fiscal budget at the corresponding level, earnestly strengthen the management of funds for registration and certification of ownership, ensure the needs of registration and certification of ownership, and promote the steady development of registration and certification of ownership.

(five) do a good job of guidance and supervision. Establish and improve the work report, supervision and inspection and results acceptance system for the registration and certification of ownership confirmation. Conscientiously implement the provisions of regular reports on the progress of ownership registration and certification, and counties (districts) shall submit a work progress report to the office of the leading group for ownership registration and certification before the 25th of each month, and report any major problems in a timely manner. City management authority registration and certification leading group office should regularly inform the local work progress. It is necessary to strengthen supervision and inspection in accordance with the progress of the work, keep abreast of the progress of the work, and put forward opinions on the problems found in time to ensure the successful completion of the registration and certification of ownership.