New policy of state subsidizing land reclamation

Policies and regulations related to land reclamation:

1, it should be clear whether the reclaimed land belongs to the state or the collective;

2. For pioneers, the state has laws stipulating that pioneers have the right to use the reclaimed land, which can be used for farming, but not for building houses. For land reclamation, it is generally to maintain the right to use the original land reclamation;

3. If the original pioneer abandoned the land after land reclamation, whether the subsequent pioneer can obtain the land use right depends on whether the former pioneer constitutes the fact of land reclamation. If you plant an annual crop and leave it unattended after two years, it can be regarded as abandonment;

4. If the ownership belongs to the land recovered by the village collective, the village collective may recover the recovered land use right according to law. However, according to the relevant judicial interpretation of the Supreme Court, the village collective must compensate the pioneers;

5. At the time of land expropriation, the compensation standard for land reclamation is indeed a legal blank at present. But in principle, the compensation for land reclamation should be the same as that for agricultural land;

6. If the villagers want to obtain the contract certificate of reclaimed land, they can negotiate with the village collective. Sign the relevant contract with the village collective first, and then apply to the government for certification.

To sum up, the provisions of the new national policy on land reclamation first make it clear that reclaimed wasteland can only be cultivated and cannot be built. For the collectively owned wasteland, villagers can sign a contract with the village collective, especially the four wasteland is the key object encouraged by the state and can be contracted to people outside the collective for development and utilization through bidding.

Legal basis:

Article 48 of the Land Administration Law of the People's Republic of China

Fair and reasonable compensation should be given for land expropriation to ensure that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed.

Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.

The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.

Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and the relocation and temporary resettlement expenses caused by expropriation shall be compensated, so as to protect rural villagers' right to live and legitimate property rights and interests.

The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.