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Gansu rural land policy, which is pushed by the state free of charge? Or pay for it yourself?
Notice of the General Office of the People's Government of Gansu Province on Printing and Distributing the Work Plan for the Registration and Certification of the Right to the Contracted Management of Rural Land in Gansu Province
Gan Zheng Ban Fa [2015] No.27
People's governments of municipalities and autonomous prefectures, Lanzhou New District Administrative Committee and relevant departments of the provincial government:
The work plan for the registration and certification of the right to contracted management of rural land in Gansu Province has been approved by the provincial government and is hereby issued, please implement it seriously.
General Office of Gansu Provincial People's Government
2065438+March 2, 2005
(This work is released to the public)
Rural land contract in Gansu province
Work plan for registration and certification of management right confirmation
In order to do a good job in promoting the registration and certification of rural land contractual management rights in the province (hereinafter referred to as "land rights"), this plan is formulated in combination with the pilot work in our province.
I. General requirements
On the premise of maintaining the stability of the existing rural land in contract relationship, we should find out the area, scope and spatial position of rural land contract relationship and contracted land, improve the certificate of rural land contracting and contracted management right according to law, improve the registration system of rural land contracted management right, establish an information management system for the registration and certification of rural land contracted management right, realize the informationization of rural land contracted management, properly solve the problems of inaccurate contracted land area, unclear area and spatial position, and imperfect registration book, and give farmers more adequate and guaranteed land contracted management right according to law.
Farmland contracted by farmers' families in the whole province should be registered and certified. The cultivated land contracted by means of bidding, auction, public consultation, etc. shall be registered and issued in accordance with the relevant provisions of the Measures for the Administration of Rural Land Contracted Management Right Certificate upon the application of the parties concerned. The collective construction land of villagers' groups, farmers' homestead, collective motor land, forest land and grassland are not within the scope of this confirmation registration and certification. The contracted management right of rural land, combined with the actual situation in our province, must be confirmed from household to land. If it is really necessary to determine the share inaccurately, it must be reported to the provincial leading group for the registration and certification of rural land ownership.
From 20 15, the work of rural land confirmation was carried out in all counties and cities of the province, and it took three years to complete. Among them, on the basis of land confirmation in Jinchuan District, Linxia County and Jinta County in 20 14, 40% of counties and cities will be completed in 20 15 (the list is attached); 20 16 basically completed; 20 17 summary acceptance.
Second, the basic principles
(1) Grasp policies to ensure stability. Carrying out the registration and certification of rural land ownership is a further improvement of the existing land contract relationship, and it is impossible to take the opportunity to adjust or recover farmers' contracted land. Based on the existing rural land contract, certificate and ledger, confirm the ownership of contracted land rights and interests. For individual villages and groups that require land transfer, they should be handled carefully and properly in accordance with the provisions of laws and policies. On the premise of respecting farmers' wishes, we can solve the problem of "fragmentation" of farmers' contracted land by transferring it first and then confirming the right. 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.
(two) according to the law, standardize the registration. It is necessary to carry out the registration and certification of rural land ownership in strict accordance with the Land Administration Law of the People's Republic of China, the Rural Land Contract Law of People's Republic of China (PRC) and the Property Law of People's Republic of China (PRC). Where there are laws, regulations and policies, they shall be resolved in accordance with laws, regulations and relevant policies; There is no basis for laws, regulations and policies, and it is resolved through democratic consultation and villagers' resolutions; If there is a dispute, it shall be settled according to law first, and then registered and issued. It is necessary to carry out confirmation registration in accordance with standardized procedures and standards, strengthen the confidential management of the results of rural land confirmation registration and certification, and protect the privacy of land contractors. It is necessary to implement the "four openness" of procedures, contents, methods and results, and effectively protect farmers' right to know, participate, make decisions and supervise.
(three) at the county level, responsible for classification. Land ownership work shall be managed territorially, and responsibilities shall be implemented at different levels. The provincial level bears the responsibility of organization and leadership, the city and state bear the responsibility of organization and coordination, and the county and township levels bear the responsibility of organization and implementation.
(4) Grasp the progress and quality. Adhere to quality first and grasp the progress scientifically. Make full use of modern spatial information technology, choose technical methods that conform to national standards and norms, adapt to local conditions, and be recognized by farmers, define work schedules and road maps, and improve work efficiency. Adhere to the quality of progress, implement the whole process quality control, pay attention to key links, and ensure good quality.
Third, the method steps
(1) Preparation stage.
1? Make a work plan. Each city and state should work out a local work plan, and each county and city should work out a specific implementation plan, and report the work plan and implementation plan to the Office of the Leading Group for the Registration and Certification of Rural Land Ownership 201April 5 15 for the record.
2? Propaganda and mobilization deployment. All localities should make timely publicity, mobilization and deployment arrangements, widely publicize the policies, objectives, functions and procedures for the registration and certification of rural land ownership, make it a household name, and fully mobilize the enthusiasm of the broad masses of cadres and the masses to participate.
3? Focus on training. It is necessary to formulate a business training plan and carry out training in stages. Provincial-level training of leading cadres and business backbones of agricultural departments at the city and county levels, municipal-level training of leading cadres and staff of county-level business departments and townships, and county-level training of rural cadres and staff will further improve the policy level and professional quality of cadres at all levels and ensure the smooth development of the work.
4? Clean up and check the land contract files. Comprehensively collect and sort out the village collective organization land ownership certificate, existing rural land contract, contract management right certificate, contract management right register, household registration book of farmers and land surveying and mapping results, and verify and confirm the contract ownership relationship information by village and group.
5? Conduct technical bidding. Take the county as the unit, organize the completion of the technical bidding for the registration and certification of rural land ownership, and the winning bidder is responsible for the preparation of the local survey professional technical design book. The survey software, database software and rural land contract management information system software required for rural land confirmation are purchased and configured by the provincial level to ensure the compatibility and unity of the system.
6? Establish and improve grass-roots working institutions. Each village should set up a working group on land ownership, and organize and coordinate the land ownership work of the villagers' groups within the village. Villagers' groups should recommend fair, decent, prestigious and experienced old party member, veteran cadres and representatives of the masses to form a supervision group, which is responsible for supervising the investigation of the ownership of farmers' contracted land, the identification of plots and the review and publicity work.
(2) The ownership investigation stage.
1? Investigate and confirm the employer. Organize the investigation and confirmation of rural collective land ownership, such as the name of rural collective economic organization, the boundary of collective land ownership of villagers' groups and the boundary of contracted land ownership of farmers' families.
2? Investigate and confirm the contractor. Organize the investigation and confirmation of the identity and ownership of land contractors such as farmers' family land contracting representatives and * * *. For farmers who go out, we should inform the masses in a variety of ways to fully protect their right to know, choose and make decisions; If it is really impossible to get in touch, the registration may be suspended, but the contracted land may not be recovered.
3? Investigate and approve the legal ownership relationship of farmers' contracted land. Organize villagers' groups to represent the employer, the farmers who contracted the land and the farmers who contracted the adjacent plots, complete the boundary confirmation of the farmers' contracted land, and verify the legal ownership relationship such as the four boundaries and spatial position of the farmers' contracted land.
4? Measure the approved contracted land area. Adjust measures to local conditions, make full use of existing land surveying and mapping achievements, reasonably select surveying and mapping technologies that conform to local characteristics, organize the completion of farmland surveying and mapping, measure the area, boundary and spatial position of the approved land contracted by farmers, and form a cadastral map that reflects the relationship between farmers' contracting ownership and information coding. Aerial survey or purchase of satellite mapping pictures shall be organized and implemented by the city, state and county; If field investigation is adopted, we can make full use of surveying and mapping technologies and equipment such as Gansu satellite positioning continuous operation reference station network to improve efficiency and reduce costs.
5? Standardize the filling of ownership questionnaire. Standardize and fill in all kinds of questionnaires on the relationship between land contractual ownership, and form a legal, standardized and complete investigation and verification document on the relationship between rural land contractual ownership.
(3) Review and publicity stage.
1? Prepare a publicity form. According to the results of the ownership survey, taking the employer as the unit, the "Information Publicity Form of Rural Land Contracted Management Right Survey" was compiled.
2? The audit is open. After the approval of the village working group and the township work leading group, the information publicity form of rural land contractual management right shall be posted in the village for a publicity period of not less than 7 days.
3? Corrigendum correction. In the process of publicity, if the employer and the contractor have objections to the results of the ownership survey, they shall re-verify and revise the relevant issues and publicize the verified and revised results again.
4? The result was confirmed. If there is no objection to the publicity, take the village as the unit, and fill in the household form of the publicity result according to the results of investigation and publicity, which shall be signed by the employer, legal representative and contractor and confirmed by fingerprints.
(4) Improve the data information management stage.
1? Establish a database. Taking the county as a unit, the rural land contract management database is established, and the storage of the geographic information of farmers' contracted land and the ownership data of contracted management rights is completed.
2? Establish a management information system. Based on the results of land ownership registration at the county level and the existing resources, the rural land contract management information system at the central, provincial, municipal and county levels will be established to realize the dynamic information management functions such as survey data management, contract management, ownership registration and certification management, land circulation management and contract dispute arbitration management.
(5) Perfecting the stage of concluding legal relations.
1? Improve land contracting. The village collective economic organizations re-sign the land contract according to the verified and approved farmers' land contract information and the contract text formulated by the state. According to the principle of hierarchical management, the original land contract shall be filed by the rural land contract management institution for long-term preservation. The filing period of the land contract shall be counted from the second extension of the contract organized by the local unified organization, and the contract period shall be 30 years.
2? Establish and improve the register. County-level rural land contract management departments should establish and improve the register according to the principle of one household and one book, and clarify the scope, area and ownership of contracted land. The register shall record the names and addresses of the employer and the contractor, the contractor, the contracting method, area, location, boundary address, coding, use, ownership, land type and whether it belongs to basic farmland, contract number, establishment time, term, rights content and changes, etc.
3? Issue the certificate of land contractual management right. According to the improved land contract and land contractual management right register, on the basis of ensuring accurate information and clear rights and responsibilities, the people's government at the county level will issue rural land contractual management right certificates to farmers according to law, and the original rural land contractual management right certificates will be recovered and destroyed. The householder or owner specified in the contract management certificate shall embody the principle of equality between men and women and implement women's land contracting rights.
(6) Finishing the achievement stage.
1? Establish and improve the archives management system. Take the county as the unit, establish and improve the file management system of rural land contractual management right, and clarify the subject of file management. Archives management and ownership registration and certification are deployed, implemented, inspected and accepted synchronously, so as to achieve orderly organization, complete categories, clear responsibilities and safe storage.
2? Organize the files. Collect, sort out, identify, keep and compile materials such as words, charts, audio-visual images and data formed by the registration and certification of rural land ownership, and store media materials in electronic and paper forms.
3? Form standard score data. Villages and towns will remit the land ownership registration results to the county-level rural land contract management department step by step, and form standard achievement data after inspection and summary, which will be archived and managed at different levels for the registration and certification of rural land ownership and the daily management and use of rural land contract.
(7) Inspection and acceptance stage
1? Conduct regular inspections. Establish a phased inspection system, and the leading groups for the registration and certification of rural land ownership at all levels shall carry out inspections by means of county-level self-inspection, municipal comprehensive inspection and provincial spot check, and handle the rectification in time when problems are found to ensure the quality of work.
2? Check and accept the confirmation results. After the land ownership work is fully completed, the leading groups for the registration and certification of rural land ownership at all levels shall, in accordance with the unified national standards, organize acceptance by means of county and city self-examination, city and state verification and provincial acceptance.
Fourth, safeguard measures.
(1) Strengthen organizational leadership. A leading group for the registration and certification of rural land ownership has been established in the province, headed by the deputy governor in charge, with the members of the Provincial Agriculture and Animal Husbandry Department, the Provincial Department of Finance, the Provincial Department of Land and Resources, the Provincial Public Security Department, the Provincial Forestry Department, the Legislative Affairs Office of the provincial government, the Provincial Archives Bureau, the Provincial Surveying and Mapping Geographic Information Bureau and the Provincial Women's Federation. The office of the leading group is located in the Provincial Department of Agriculture and Animal Husbandry, and undertakes daily guidance, management and coordination. The city and state should set up a leading group and working organization headed by the Party committee and the government. County and township levels are the key subjects to carry out the registration and certification of land contractual management rights. It is necessary to set up a working organization headed by the main leaders of the party Committee or government, select business backbones, enrich the work team, carefully organize and conscientiously implement them.
(2) Strengthen coordination and cooperation. All relevant departments should carry out their duties and responsibilities, and form a working mechanism of close cooperation and synergy. The agricultural department is responsible for the lead organization, overall coordination and policy guidance; The financial department is responsible for the supervision and management of capital guarantee and the use of funds; Land resources and surveying and mapping geographic information departments provide the latest national land survey and rural collective land ownership registration results free of charge, provide the existing surveying and mapping geographic information results in the region, and do a good job in surveying and mapping supervision and management and technical guidance; The public security department shall cooperate with the investigation of the identity and household registration of the land contractor; The archives department is responsible for guiding the management of rural land contract archives; The legal department of the government is responsible for studying and improving relevant laws and regulations and guiding the work according to law; Women's Federation guides rural women to do a good job in safeguarding the rights and interests of land contractual management.
(three) the implementation of work funds. Land ownership funds shall be included in the annual budgets of governments at all levels in accordance with the principle of graded commitment, and no fees shall be charged to farmers. On the basis of the central government's subsidy of 10 yuan per mu, the provincial finance subsidizes 6 yuan per mu, in which: Gannan, Linxia, Longnan, Tianshui, Dingxi and other five cities and states with complicated landforms subsidize 7 yuan per mu, and other regions subsidize 5 yuan per mu, which will be arranged in three years from 20 15, and the insufficient part will be solved by the city and county levels according to the current financial management system. All localities should earnestly strengthen fund management, strictly implement budget laws and regulations and financial fund management regulations, strictly control expenditure standards, prohibit misappropriation and diversion, and ensure the safe and efficient use of funds.
(4) Strengthen work guidance. Establish and improve the system of periodic reporting of land ownership. According to the progress of certification, timely report the monthly report, quarterly report and annual report, master the workflow, and regularly report the progress of each place. It is necessary to strengthen investigation and study, grasp the situation in time, carefully sort out the problems with universality and tendency, and put forward policy suggestions and solutions. We should pay attention to summing up good practices and experiences, and exchange and learn from each other. All localities may, according to local conditions, consider the registration and certification of agricultural facilities property right confirmation and the registration and certification of contracted land ownership confirmation together, and make overall arrangements for deployment.
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