Measures of Gansu Province on Compensation for Rural Land Requisition

Measures for the Implementation of the Land Management Law in Gansu Province (Revised) Status: Effective Date: September 29, 1997 Effective Date: September 29, 1997 Issued by: Gansu Provincial People's Congress Standing Committee

Issued by:

Measures for the Implementation of the Land Management Law in Gansu Province (Revised)

Gansu Provincial People's Congress Standing Committee

(1988 On September 29, 1997, the 29th meeting of the Standing Committee of the Eighth People's Congress of Gansu Province revised the Decision on Amending the Measures for Implementing the Land Management Law in Gansu Province)

Chapter I General Provisions

Article 1 According to the Amendment to the Constitution of the People's Republic of China and the Law of the People's Republic of China on Land Management (hereinafter referred to as the Land Management Law),

article 2 these measures shall apply to all land within the administrative area of this province.

article 3 people's governments at all levels should conscientiously implement the basic national policy of "cherishing and rationally utilizing every inch of land and earnestly protecting cultivated land", earnestly strengthen land management, strictly control and stop the indiscriminate occupation and abuse of land, and rationally develop and utilize land resources.

article 4 the system of paid use of land and the system of assignment and transfer of land use right shall be implemented according to law.

article 5 the land administration departments of the people's governments at or above the county level shall be in charge of the unified administration of urban and rural land within their respective administrative areas.

the township (town) people's government is responsible for the land management within its administrative area, and is equipped with full-time land administrators to specifically handle land management matters.

enterprises that use more than 1, mu of land, and agriculture, forestry and pasture with more than 1, mu of land should determine the corresponding institutions or personnel to be responsible for the land management of their own units, and accept the leadership of the land management departments of the local people's governments at or above the county level.

article 6 the people's governments at or above the county level shall commend and reward the units and individuals that have conscientiously implemented the land management law and these measures and made remarkable achievements in the management, use, protection and development of land and in scientific research, publicity and education.

chapter ii ownership and use right of land

article 7 the following land belongs to the state:

(1) land in urban areas except for collective ownership as stipulated by law;

(2) land requisitioned according to law;

(3) State-owned land designated for use by units under ownership by the whole people, units under collective ownership, farmers' collective economic organizations and individuals according to law;

(4) Forests, mountains, grasslands, wasteland, water surfaces, floodplains, Gobi, deserts, glaciers, etc. that are owned by the state according to the law.

Article 8 Land in rural areas and suburban areas belongs to the collective unless it is owned by the state according to the law; Contracted land, homestead, private plots and private hills are collectively owned.

collectively owned land belongs to village farmers collectively according to law, and is operated and managed by village agricultural collective economic organizations or villagers' committees. What already belongs to the township (town) farmers' collective economic organizations can belong to the township (town) farmers' collective ownership.

if the land collectively owned by the farmers in the village has been owned by two or more agricultural collective economic organizations in the village, it can be collectively owned by the farmers of each agricultural collective economic organization.

article 9 units under ownership by the whole people and units under collective ownership that use state-owned land according to law, and individuals who use and contract state-owned land and collective land according to law have only the right to use and contract management, but no ownership.

article 1 owners of collective land, users of state-owned land and users of collective land for construction must apply for land registration to the land administration department of the people's government of the county (city, district) where they are located according to law. Cross county land use, should be to the land where the county (city, district) people's government land management department to apply for land registration.

after the land administration department of the people's government at the county level organizes an investigation and approves the ownership, boundary and area, it will register and report to the people's government at or above the county level for approval, issue a state-owned land use certificate, a collective land construction land use certificate or a collective land ownership certificate, and confirm the ownership or use right.

article 11 units and individuals that use state-owned land or collective land according to law shall not buy, sell, illegally transfer land or change the use of land without authorization. To change the ownership and use right of land according to law, or to transfer the ownership and use right of land due to the sale or transfer of attachments on the ground, and it is necessary to go through the registration formalities for the change of land ownership and change the land certificate, an application shall be made to the land management department at the county level, and the people's government at or above the county level shall approve it.

chapter iii utilization and protection of land

article 12 the land administration department of the people's government at or above the county level shall establish a land survey and cadastral management system according to law. Land management departments shall, jointly with relevant departments, carry out land classification and grading according to survey data, so as to provide a basis for scientific land management. The survey plan shall be formulated by the land administration department of the people's government at or above the county level in conjunction with relevant departments, reviewed by the people's government at the same level, and reported to the land administration department of the people's government at the next higher level for approval and implementation.

Article 13 The land administration department shall establish a land statistics system according to law. Land statisticians shall exercise their functions and powers of land statistics according to law. Land owners and users must truthfully provide relevant documents and materials, and shall not falsely report, conceal, refuse to report or forge or tamper with them. If the statistical data provided is untrue, the land management department may order it to make corrections or organize investigation and verification. Statistical verification data, no unit or individual may

change without authorization.

article 14 the people's governments at or above the county level shall organize the land management departments and relevant departments to work out the overall land use plan, and report it to the people's government at the next higher level for approval and implementation. Without the consent of the approving authority, it shall not be modified without authorization.

the overall land use planning should conform to the national land planning; The land use planning of various departments shall conform to the overall land use planning; In the urban planning area, land use should conform to urban planning; Urban planning should be coordinated with the overall land use planning.

people's governments at all levels should strictly implement the annual control indicators of non-agricultural construction occupation of cultivated land issued by the state and the province when approving the occupation of cultivated land.

article 15 the land management departments of people's governments at all levels shall, in accordance with the overall land use planning, work out the annual land use plan and land development plan jointly with relevant departments, and incorporate them into the national economic and social development plan.

article 16 state-owned land that has not been allocated for use belongs to state-owned reserve land, and the land management department of the local county (city, district) people's government shall register and take charge of the management.

article 17 people's governments at all levels shall, on the premise of being conducive to ecological balance and soil and water conservation, adopt preferential measures to encourage and support collectives and individuals to develop wasteland, barren hills and floodplains in a planned way and make full use of idle and scattered land.

article 18. collectives and individuals who develop and utilize state-owned wasteland, barren hills and floodplains for agricultural, forestry, animal husbandry and fishery production must apply to the local county land management department, get approval from the people's government at or above the county level, go through the use procedures and obtain the right to use them. Development of less than one thousand acres, approved by the county (city, district) people's government, reported to the state, municipal people's government or regional administrative office for the record; One thousand mu to five thousand mu

, approved by the state, municipal people's government or regional administrative office, submitted to the provincial people's government for the record; More than five thousand mu, approved by the provincial people's government.

Article 19 People's governments at all levels should encourage and support collectives and individuals contracted to manage cultivated land to continuously improve their management, increase land investment, improve soil and improve soil fertility, and prohibit predatory management.

Article 2 Any land used for construction must follow the principle of economy and rationality. Urban construction should be combined with the transformation of old urban areas. The construction of villages and towns should make full use of the original homestead and Kugaji. All builders should cherish cultivated land, and those who can use barren hills and slopes shall not occupy cultivated land; Those who can use inferior land shall not occupy fertile land.

Article 21 The following land shall not be occupied or requisitioned without the permission of the relevant competent department authorized by the State Council or the provincial people's government:

(1) Land in nature reserves, scenic spots and cultural relics protection areas designated by the state or the province;

(2) famous, excellent, special and rare agricultural products and high-yield grain, cotton and oil production bases designated by the state or province, as well as vegetable production bases reserved for a long time in cities;

(3) land for national railways and highways, important water conservancy and hydropower projects, drinking water sources for people and livestock and other important facilities;

(4) Important military and scientific experimental bases.

article 22 if it is approved that non-agricultural construction needs to occupy cultivated land, it shall go through the allocation procedures after paying the cultivated land occupation tax according to the relevant provisions of the state.

article 23 if the cultivated land requisitioned by the construction unit and other profitable land, as well as the cultivated land occupied by the state organs, organizations, enterprises and institutions to set up farms, have not been used for one year, the land management department will collect the barren fee. The standard of barren fee is twice the annual output value of similar land. If it is deserted for more than one year and less than two years, the fee will be doubled. If it has been more than two years, the land management department shall report to the original batch of quasi-authorities for approval to recover the land use right and cancel the land use certificate. Land barren fees can only be used for land development and renovation.

cultivated land and other profitable land occupied by township (town) village enterprises, public facilities, public welfare undertakings and individual houses, which are not used, shall be collected by the township (town) people's government in accordance with the provisions of the preceding paragraph and included in the township fiscal revenue. If it is not used for more than two years, it shall be recovered by the collective economic organization.

if the cultivated land contracted by collectives or individuals is barren for one year, the township (town) people's government will criticize and educate it and resume farming within a time limit. For more than one year, the barren fee will be charged according to the output value of the cultivated land, which will be included in the township fiscal revenue. If it is still not cultivated for more than two years, the fee will be doubled, and it will be recovered by the contracting unit and contracted out separately.

article 24 the state-owned land recovered according to article 19 of the land management law may be allocated to units that meet the conditions for land use for paid use according to the examination and approval authority. The cultivated land that has not been allocated for use may be temporarily cultivated by agricultural collective economic organizations or individuals for compensation. Perennial crops shall not be planted during the cultivation period, and shall be returned immediately when necessary for national construction. If there are young crops on the land, the land-using unit shall pay compensation for young crops at its discretion.

Article 25 In any of the following circumstances, the collective land owner shall take back the land use right and make other arrangements for its use:

(1) The land is not used according to the purpose stipulated in the approval or agreement;

(2) the contracted land, private plots, private plots and feed fields that were originally used after the agricultural households were transformed into non-agricultural households;

(3) Homestead vacated by agricultural households after the relocation of non-agricultural households, homestead vacated by residents of non-agricultural households after the relocation, homestead not used by rural residents within the prescribed time limit, and old homestead vacated after new houses are built according to town planning;

(4) Land not used by rural contracted households.

article 26 the people's governments of counties (cities, districts) should make overall arrangements and make rational arrangements for sand digging, quarrying and earth borrowing within their administrative areas, and should make use of mounds and barren slopes that are not suitable for planting, and are not allowed to destroy fields.

units and individuals engaged in business sand digging, quarrying and earth borrowing shall be audited by the township (town) people's government, approved by the county (city, district) land management department in conjunction with the mine management department, delimit the scope and issue temporary land use certificates. If cultivated land should be restored after sand digging, quarrying and earth borrowing, it shall be reclaimed by the land-using unit or individual; Unable to reclaim, according to one thousand yuan to three thousand yuan per mu to the local township (town) people's government to pay land reclamation fees, by the township (town) people's government is responsible for organizing the reclamation. After reclamation, the land management department is responsible for inspection and acceptance.

without the permission of the relevant departments, no unit or individual is allowed to block rivers, destroy roads, abandon soil and pile stones, etc. under any pretext, thus destroying the present situation of land.

Article 27 No cultivated land may be occupied to build graves. Gradually establish cemetery areas and promote cremation.

Chapter IV National Construction Land

Article 28 The land used by the construction unit shall be handled according to the following procedures:

(1) To apply for site selection, the construction unit must apply to the land management department of the people's government at the county level where the land to be requisitioned (allocated) is located with the construction project design task book or other approval documents approved by the competent department of the State Council or the people's government at or above the county level in accordance with the national capital construction procedures, and the site selection shall be carried out after examination and approval by the county (city, district) people's government. Site selection within the urban planning area shall be subject to the consent of the urban planning management department. Involving environmental protection, fire safety, military sites, cultural relics protection and forestry, etc., must obtain the consent of the relevant departments.

(2) Check the area and sign an agreement. After the construction address is selected, the construction unit shall formally declare the construction land area to the land management department of the county (city, district) where the land requisition (allocation) is located with the approved preliminary design documents, land use scope map, general layout plan, annual capital construction plan, geographical location map and relevant materials. County (city, district) land management department after the audit, organize the construction unit < P > and the expropriated (allocated) units and relevant departments, agree on the expropriated (allocated) land area and compensation and resettlement plan according to law, sign the land acquisition agreement, and report it to the people's government at or above the county level for approval.

(3) land allocation. After the application for land use is approved by the people's government at or above the county level according to the examination and approval authority, the land management department of the county (city, district) where it is located will issue the construction land permit and allocate the land in one time or by stages according to the construction progress. The land that needs to be used for a construction project shall be applied for approval at one time according to the overall design, and shall not be broken into parts. If it is built by stages, it should be requisitioned by stages, and it is not allowed to be used beyond the time limit.

(4) After the completion of the construction project is checked and accepted by the competent department, the land management department of the county (city, district) shall go through the land registration procedures and issue a land use certificate.

article 29 when land is urgently needed for emergency rescue and disaster relief, emergency military action, etc., it may be occupied first, and the land use formalities shall be completed as soon as possible according to the approval authority.

Article 3 The people's governments at all levels have the authority to examine and approve land requisition;

(1) If more than 1, mu of cultivated land and 2, mu of other land are requisitioned, or the combination of the requisitioned cultivated land and other land reaches 2, mu or more, it shall be reviewed by the provincial people's government and reported to the State Council for approval.

(2) Requisition of more than 1 mu of cultivated land (more than 3 mu of vegetable fields and gardens) and less than 1, mu; Other land more than twenty acres, less than two thousand acres, approved by the provincial people's government.

(3) More than three mu of cultivated land is requisitioned, but less than ten mu; Vegetable fields and gardens are more than one mu, but less than three mu; Other land more than ten acres, less than twenty acres, approved by the state, municipal people's government or regional administrative office, submitted to the provincial people's government for the record.

(4) Requisition of less than one mu of vegetable land, less than three mu of cultivated land and less than ten mu of other land shall be approved by the people's government at the county level and reported to the state and municipal people's governments or regional administrative offices for the record.

Article 31 For expropriation of collective land, the land-using unit shall pay the expenses of the land-expropriated unit according to the following standards:

(1) Land compensation fee

1. For expropriation of vegetable fields, garden fields, irrigated fields and paddy fields, the compensation shall be four to six times of the average annual output value per mu in the three years before expropriation. Expropriation of dry land is compensated by three to five times. If the above-mentioned land is covered with sand surface, the sand surface fee can be supplemented by one to three times per mu.

2. If abandoned farmland is requisitioned, it can be compensated by three times the average annual output value per mu in the three years before the requisition of crops of the same land nearby.

3. The expropriation of unproductive land that has never been cultivated is generally not compensated.

4. The compensation standard for requisition of forest land, pasture, grassland, fishing pond and homestead shall be stipulated by the state and municipal people's governments or regional administrative offices and submitted to the provincial people's government for approval.

(II) Young crops compensation fee

The compensation standard for young crops on the expropriated farmland is the crop output value of the current season, and those without seedlings are compensated according to the actual input of the current season.

(3) Compensation for attachments on the ground

Compensation for trees, buildings and structures on the expropriated land.