Opinions of Linshui County, Sichuan Province on the specific issues concerning the confirmation of rural land contractual management rights

Linshui County, Sichuan Province belongs to Guang 'an City, Sichuan Province, and you can refer to the confirmation document of land contractual management right issued by Guang 'an Municipal People's Government Office.

Notice of Guang 'an Municipal People's Government Office on Printing and Distributing the Pilot Work Plan for the Registration of Rural Land Contracted Management Right in Guang 'an (Trial)

People's governments of all districts, cities and counties and relevant departments at the municipal level:

The Pilot Work Plan for the Registration of Rural Land Contracted Management Right in Guang 'an (Trial) has been approved by the municipal government and is hereby printed and distributed to you. Please carefully organize and implement it in light of the actual situation.

Guang 'an Municipal People's Government Office

October 17, 212

Guang 'an Rural Land Contracted Management Right Confirmation Registration Pilot

Work Plan (for Trial Implementation)

In order to conscientiously implement the spirit of Document No.1 of China this year and do a good job in the pilot registration of rural land contracted management right confirmation in the city, According to the Rural Land Contract Law of the People's Republic of China, the Property Law of the People's Republic of China, the Measures for the Administration of Rural Land Contract Management Right Certificate of the Ministry of Agriculture, The Notice of the General Office of the People's Government of Sichuan Province on Forwarding the Opinions of the Agriculture Department and other six departments on the Steady Expansion of the Pilot Work of Registration of Rural Land Contracted Management Right (Chuan Ban Han [212] No.172) and the Notice of the Agriculture Department of Sichuan Province on Printing and Distributing the Pilot Work Plan for Registration of Rural Land Contracted Management Right (Trial) (Chuan Nong [212] No.136) and other relevant laws, regulations and documents, combined with the requirements,

first, the necessity of carrying out the registration of rural land contractual management right

The core of farmers' household contractual management is to implement the land contractual management right and consolidate and improve the rural basic management system. Carrying out the pilot registration of land contractual management right is an effective form and method to thoroughly implement farmers' contractual management right and is the need to clarify the management of usufructuary right of land contractual management right. Through the registration of rural land contractual management right, we can make clear the subjects involved in land circulation, clarify the ownership of land contractual management right, protect farmers' land contractual rights and interests, help realize the transformation of rural land contractual management mode to legal registration management, help maintain the order of land circulation market, help play the role of rural land contractual management right loan pledge, and promote the prosperity and development of rural economy.

second, the basic principles of carrying out the pilot registration of rural land contractual management rights

(1) the principle of maintaining stability. The pilot work of rural land contractual management right confirmation registration is to carry out an inventory on the basis of the second round of land extension account, the 3-year contract and the original data related to land contracting, and further clarify the four areas, the existing actual area and grade of the contracted land through the inventory, and make a plan of the adjacent relationship. The registration of rural land contractual management right is to standardize and improve the rural land contracting work, not to readjust the original contract relationship or reorganize the contracting of rural land. It is necessary to ensure social stability in rural areas, keep the original land contract relationship unchanged, and resolutely forbid taking the opportunity to illegally recover and adjust farmers' contracted land.

(2) the principle of seeking truth from facts. Through the actual measurement of the existing land, the actual measured area and the original contracted area are truthfully recorded in the register, contract and management right certificate. Since the second round of land contracting, if the contracted land has been exchanged or transferred between farmers, the current contractor should be confirmed when the right is confirmed, and the contract relationship should be changed in time. It is necessary to realize the "four unifications" and "five households", that is, the four areas of contracted land, the contract, the management certificate register and the management right certificate are unified; The contracted land is distributed to households, the boundaries of contracted land are registered to households, the contract is signed to households, the contract management right certificate is issued to households, and the basic farmland is marked to households.

(3) the principle of respecting history. In principle, it is necessary to maintain the existing contracted area of farmers. If it is inconsistent with the original contracted area after measurement, the original contract relationship and area will not be adjusted, and the number of policies and related responsibilities and obligations determined according to the original contracted area will not be changed. At that time, in order to ensure farmers' contracting interests, the collective economic organizations registered and measured the contracted cultivated land according to the standard, that is, the land with high grade was at most, and the land with low grade was at most, which caused the actual cultivated area to be inconsistent with the account certificate area. The account certificate should be registered according to the actual cultivated area, and the actual converted area should be indicated and the contractor's approval should be obtained.

(4) the principle of democratic consultation. Democratic consultation and decision-making must be carried out in every link of land inventory, measurement, confirmation and registration, and farmers should be fully relied on and mobilized to actively participate. For the major issues involved in the pilot, there must be the participation of the masses, solicit their opinions in advance, gain their understanding and support, and strive to achieve the satisfaction of the masses after discussion and decision by the members of the collective economic organization. It is not hard to operate and implement things that most people resolutely oppose.

(5) the principle of adjusting measures to local conditions. According to the actual situation of the pilot, we should improve the registration of ownership and properly solve the remaining problems.

(6) the principle of taking districts, cities and counties as the main body. The pilot work of ownership registration shall be arranged as a whole in the province, guided in the city, and the districts, cities and counties shall be responsible for the specific organization and implementation of ownership registration.

III. Work Objectives

By steadily carrying out the pilot registration of rural land contractual management right, the contracted land plot, area, contract and ownership certificate will be fully implemented to all households, and the existing land contract relationship will be implemented stably and permanently, so as to give farmers more full and secure rights to possess, use and benefit contracted land according to law.

IV. Pilot scope

According to the unified arrangement of the province, Guang 'an District, as a pilot area for coordinating urban and rural reform at the provincial level, first carries out the pilot confirmation registration. Huaying City, Yuechi County, Wusheng County and Linshui County should also choose 2-3 village communities to carry out pilot projects, so as to lay a foundation for the comprehensive registration of ownership.

v. pilot content

(1) find out the area and spatial location of the contracted land. Comprehensively organize and clean up the archives of land contracting, and conduct a thorough investigation on the land contracting situation. Based on the results of the second national land survey, the signed land contract, the issued land contract management right certificate and the registration results of collective land ownership confirmation, the land contract management right ownership survey was carried out according to local conditions to find out the contracted land area, boundaries and spatial location. If there is a big error between the land contract status recorded in the existing land contract files and the farmers demand the actual measurement, it shall be measured and verified in a scientific and simple way. Only the measured results recognized by the masses and confirmed by the township and village publicity can be used as the basis for confirming, changing and canceling the land contract and confirming, changing and canceling the land contractual management right.

(2) Establish and improve the land contractual management right register. The rural land contract management department of the people's government at the county level shall establish and improve the land contract management right register according to the "Measures for the Administration of Rural Land Contract Management Right Certificate" and the principle of unified registration of real estate. If a register has been established, it is necessary to further verify and improve the area, boundaries, land types and spatial location of the contracted land; If it has not been established, it is necessary to establish a register on the basis of the existing land contract and certificate, according to the registration information such as the contracted land plot, area and spatial location confirmed according to law. Where conditions permit, the rural land contract management department can explore the implementation of basic farmland to households and mark it on the certificate of land contract management right according to the relevant information provided by the land and resources department. Pay close attention to the establishment of rural land contract management system to realize the sharing of land contract information.

(3) carry out the registration and certification of land contractual management rights. On the basis of establishing and improving the register of land contractual management rights, the renewal and cancellation of the certificate of land contractual management rights will be carried out in a timely manner. Where the original certificate has been issued, it will be recovered in a unified way and replaced with the old one. If the contractor refuses to return the certificate of rural land contractual management right without justifiable reasons, the original issuing authority shall cancel the certificate according to law and make an announcement. After the registration of ownership, during the contract period, the contracted management right of land is changed or lost due to the following circumstances. According to the application of the parties, the contracted management department of rural land in districts, cities and counties shall handle the change and cancellation of registration according to law and record it in the register of contracted management right of land: First, the ownership of collective land has changed; Second, the contracted land or area has changed due to the expropriation and occupation of the contracted land; Third, the division of land contractual management rights is caused by the household division of contracted farmers; Fourth, the land contractual management right is transferred or exchanged; Fifth, the merger of land contractual management rights due to marriage and other reasons; Sixth, the contracted land and area are inconsistent with the actual situation; Seventh, the contracted land is lost or the contracted farmers die out; Eighth, the contracted land is adjusted or recovered by the employer according to law; Nine is other circumstances that need to be changed or cancelled according to law.

(4) Registration and certification of other contracting methods. If rural land is contracted by means of bidding, auction and public consultation, the parties concerned shall apply for the registration of the right to contracted management of rural land and register in accordance with the relevant provisions of the Measures for the Administration of the Certificate of Contracted Management of Rural Land. After the audit of the rural land contract management department of the district, city and county, if it meets the relevant provisions of registration, it shall be reported to the people's government at the same level to issue a certificate of rural land contract management right according to law for confirmation.

(5) do a good job in filing the registration data of land contractual management rights. Strictly implement the regulations on the management of land contract archives, adhere to the principle of hierarchical management and centralized custody, and establish and improve the systems of sorting, filing, safe custody and public access. The ownership registration files shall be kept centrally by the rural land contract management department and handed over to the national comprehensive archives at the same level on schedule according to law; Do not have the storage conditions, can be handed over in advance.

VI. Work Steps

(1) Establishment of institutions. The registration of rural land contractual management right is strong in policy, involving a wide range and having a great social impact. A leading group for the registration of ownership with the leaders in charge of the government as the team leader was established in the city to supervise the registration of ownership; The office of the leading group is located in the Municipal Bureau of Agriculture, specifically responsible for comprehensive coordination, formulation of implementation plans, formulation of operating procedures, preparation for holding arrangement meetings, and guidance for specific implementation. Districts, cities and counties set up a leading group for the registration of ownership with the main leaders of the government as the team leader, which is specifically responsible for organizing and implementing the registration of ownership. Townships and villages should also set up corresponding working institutions.

(2) Implementation personnel. The work of confirmation registration is very policy-oriented, technical and social, and it needs a backbone team that understands policies, is proficient in business and has a practical style. All localities should select comrades with excellent political and ideological skills, strong professional ability and serious and responsible work. In particular, village communities should select farmers who are familiar with the situation, have prestige among the masses and are fair in handling affairs to specifically engage in this work, so as to ensure that the registration of ownership is managed and done at all levels.

(3) organize training. Through various forms and graded training methods, relevant laws, regulations, policies and business training for staff at all levels are carried out. The city mainly trains business leaders and work backbones in districts, cities and counties; All districts, cities and counties provide training for township and village cadres and staff, so that staff at all levels can accurately understand and grasp the policy boundaries, and make clear the operating rules and norms.

(4) publicity and mobilization. The rural land contract management department shall, jointly with the propaganda department, carefully formulate the propaganda plan, determine the propaganda content and draw up the propaganda outline. To take radio, television, newspapers, Internet, slogans, open letters and other forms that farmers love, vigorously carry out the purpose, significance, content and other publicity of the registration of confirmation of rights, so that the broad masses of farmers can fully understand that the registration of confirmation of rights is not only the requirement of implementing the policies and laws of the party and the state, but also the need to protect their own rights and interests, thus stimulating the consciousness and initiative of farmers to participate.

(5) find out the base. Based on the results of the second national land survey, combined with the rural land contract, certificates and other archival materials, the plots, spatial positions and areas of farmers' existing contracted land were inspected and measured, and basic data and vector maps were formed as the original materials for the confirmation and certification.

(6) review and improvement. Review the inventory situation, make a plan of the location of the contracted land, and prepare a register of land contractual management rights after publicity without objection. Disputes over ownership shall be settled through consultation between the parties and rural mediation; Still can't reach an agreement, can take arbitration, litigation and other ways to solve, and then improve the land contractual management right confirmation register.

(7) Registration and certification. According to the contents of the rural land contractual management right register, enter the rural land contractual management system door by door, and after review, make (print) the rural land contractual management right certificate and issue it to households in time, so as to truly achieve clear ownership, standardized contract, complete warrants, perfect account books and clear responsibilities.

(8) organize and file. According to the requirements of the Measures for the Administration of Rural Land Contract Management Right Certificate and the Opinions on Strengthening the Management of Rural Land Contract Archives issued by the Ministry of Agriculture and the State Archives Bureau, the paper documents such as the work list of ownership registration, contract, register and so on are classified and filed, and the relevant contents are entered into the rural land contract management system.

(9) summary acceptance. All districts, cities and counties should conduct a comprehensive self-examination and careful summary of the registration of ownership; On the basis of self-inspection by districts, cities and counties in the city, an assessment and acceptance group will be formed to check and accept the pilot work of ownership registration. Where the inspection and acceptance is unqualified, it is necessary to supervise and improve the organization and acceptance.

VII. Schedule

(1) Organizing the preparation stage (September to October 212). Complete the establishment of institutions, publicity, training, investigation, planning and other work. The implementation plan of the pilot work of the right registration formulated by the districts, cities and counties should be reported to the people's government at the same level for approval and the Municipal Agriculture Bureau for the record before October 15.

(2) Early pilot stage (October to December 212). Complete on-site demarcation, inventory measurement, map formation, posting, establishment of register, registration and certification, filing and other work. Seriously solve the contradictions and disputes in the pilot, sum up the experience of the pilot, and lay a solid foundation for the comprehensive opening.

(3) Full-scale push-out stage (January to October 213). Guide Guang 'an District to comprehensively push forward the registration of ownership confirmation to ensure that the registration and certification rate reaches over 9%; Urge other counties and cities to push forward the registration of ownership confirmation.

(4) Summarize the acceptance stage (November to December 213). Counties and townships carry out self-examination and summary, the city conducts assessment and acceptance of the pilot projects in this area, and the province organizes spot checks and acceptance.

after the pilot work is started, all districts, cities and counties shall submit a written report to the Municipal Bureau of Agriculture on the development of the pilot registration of ownership confirmation at the end of each quarter.

VIII. Division of responsibilities

The Municipal Bureau of Agriculture is responsible for studying major issues in the pilot registration of rural land contractual management rights, drawing up specific work plans and organizing the implementation of the pilot; Responsible for daily work such as coordination and management, organize inspection and acceptance and summarize promotion experience.

the municipal finance bureau is responsible for providing financial guarantee according to relevant regulations; Participate in the inspection and acceptance of the pilot work.

the municipal bureau of land and resources is responsible for coordinating the registration and certification of rural collective land ownership, and providing the results of the second national land survey for the registration of land contractual management rights free of charge; Provide information about basic farmland; Participate in the inspection and acceptance of the pilot work.

The Agriculture Working Committee of the Municipal Party Committee is responsible for studying the new situation and new problems faced by rural areas in the new period, and strengthening policy guidance for the registration pilot work; Participate in the pilot related work and participate in the inspection and acceptance of the pilot work.

the legislative affairs office of the municipal government is responsible for studying the relevant laws and policies on the registration of land contractual management rights, putting forward handling opinions, and resolving contradictions through consultation and mediation; Participate in the inspection and acceptance of the pilot work.

the municipal archives bureau guides the land contracting.