Decision Of The State Council On Deepening The Reform Of The Strict Land Management

Original Language Title: 国务院关于深化改革严格土地管理的决定

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(October 21, 2004 State Department documents [published as of the date of promulgation, 2004]28) to implement the most stringent land management system, is decided by the Chinese people will be less State and implement the scientific Outlook on development, and ensure the necessary requirement of sustainable economic and social development. Since last year, all localities and departments to seriously implement the Party Central Committee and the State Council deployed, comprehensively clean up development zones, effective implementation of the decision to suspend approval of farmland, progress made and rectify the land market, and effectively promoted the implementation of macro-control policies. However, the effectiveness of rectifying the land market was tentative and phasic and blind investment and low-level redundant construction and encirclements, the indiscriminate use of farmland and other issues have yet to be fundamentally solved. Therefore, we must correctly handle the relationship between protection of economic and social development and protection of land resources, and strictly control the construction land increase, efforts to revitalize the land of memory, strengthen the economical use of land, deepen the reform, improve the legal system, an integrated, address both the symptoms and root causes, to further improve the most stringent land management system in line with China's national conditions. Has decided as follows: first, the strict implementation of the land management laws and regulations (a) firmly establishing awareness of land laws and regulations. All regions and all departments concerned should further sustainable land laws and regulations of education, deeply understand the extreme importance of our country and the protection of arable land, in line with the spirit of the people, history, strictly manage land according to law, actively promote the transformation of economic growth pattern, land-use change, in line with Chinese conditions the new road to industrialization and urbanization. Further improve the legal awareness of land, to the extent permitted by laws and regulations rational land use.
    For violations of laws and regulations, and must bear the legal responsibility. (B) strictly in accordance with legal permission to land. Approval of farmland conversion and land expropriation rights in State Council and people's Governments of provinces, autonomous regions and municipalities, provinces, autonomous regions and municipalities shall not be in violation of the law and administrative regulations of the decentralization of land and rights.
    Is strictly prohibited to circumvent legal permission, to split the land for a single construction project approval. (C) strict implementation of the land compensation system. All kinds of non-agricultural construction land approved construction units must supplement the cultivated land quantity, quality, added according to the quantity and quality of cultivated land conversion to prevent poor accounted for much less make up, make up. Unable to add, must be paid in accordance with the provisions of the provinces, autonomous regions and municipalities directly under the farmland reclamation fee. Reclaim fee of cultivated land to be included in the management accounts, no relief and for other purposes.
    Government investment construction project of supplementary cultivated land costs must also be included in the project budget. (D) illegal down land investment. The provinces, autonomous regions and municipalities in accordance with the land development and announced an agreement to sell land the lowest standards. Land must strictly enforce the provisions of the agreement procedure, the transfer price shall not be lower than the lowest standards.
    Violation of regulations, the land causing loss of State-owned land assets, shall be investigated for criminal responsibility in serious cases, in accordance with the People's Republic of China Criminal Code provisions, State-owned land at illegally low prices be held criminally responsible. (E) to investigate and punish acts of violating the land administrative law and regulations strictly. Current focus on ignoring the law, lax law enforcement, impunity and abuse of administrative powers violated the legitimate rights and interests of farmers problems. To strengthen land management law enforcement efforts, and seriously investigate and deal with cases of illegal land grants, covers and other illegal. Establishment and supervision of land and resources jointly handling and removal system, investigate and deal with violations of land and resolutely implement responsible. Typical cases to open. The illegal approval of land, land and illegal cheap State-owned land use right of State personnel, in accordance with the Inspection Department of the Ministry of land and resources on violations of the land management provisions of the interim measures for administrative sanctions administrative sanctions constitutes a crime in accordance with the People's Republic of China criminal law, the People's Republic of China land management law, the Supreme People's Court on specific application of laws in criminal cases of destruction of land resources interpretation on several issues Provisions of the Supreme People's Procuratorate on criminal cases of malfeasance standards, be held criminally responsible.
    Approval for illegal levy, the use of land, cause losses to individuals, you must legally undertake the compensation responsibility. Second, strengthening the overall land-use planning, urban planning, village or town planning management (vi) strict land-use planning, urban planning, the management of village and town planning changes. In land use planning and urban general plans of construction land area, may establish various development zones (zone) and urban areas (community). Intends to keep after the cleanup zone, must be based on the General land use planning and urban planning, according to the layout set, principles of intensive land and industrial agglomeration in strict audits. Strict revision of the general planning of land use, where there is a change in land use, scale, major layout changes of principle, must be reported to the original approval authority.
    Urban master plan, village or town planning is no unauthorized changes. (G) strengthen the management of land-use plans. Annual plans to implement mandatory management of farmland, straddling the closing plan targets must be strictly regulated.
    Assigned and the annual plan for the improved farmland assessment methods, approved for the State energy, transport, water, mines, military installations and other key construction projects and construction of city, town and village land use classification issue, and according to the scale index, access to benefits assessment. (VIII) the strictly tighten control the amount of agricultural land into land for construction and speed. Strengthening farmland planning and approval plans to review, strengthen the overall land-use plan and annual plan of land utilization control and guidance of the farmland, fail to comply with the plan, there is no annual plans for farmland indicator shall not be approved for use.
    To consolidate land market rectification result 2004 farmland plan target no longer append; in the past owed to farmers for land requisition compensation and resettlement fees cannot be reimbursed before the end of 2004, deferring the release of the 2005 farmland plan. (I) strengthening the management of construction projects with the pre. If it does not meet the overall land use planning, no farmland plan targets building projects, not through projects with the pre. Development and reform Department to be informed in an appropriate manner, such as units to carry out the preliminary work of the project, project unit with pre-trial applications were submitted, Department of land and resources in accordance with the review of land for construction projects.
    Project construction to the development and reform authorities approve or approve construction projects, land and resources departments must be attached the pre; no pre or pre fails, shall not be authorized or approved the construction project. (J) strengthen the construction of villages and land management. According to total control, reasonable layout principles, conserve land and protect arable land, preparation of township (town), village or town planning of land use plan, clearly the number of small towns and rural settlements, layout and size. Encourage rural construction land use, urban construction land increase and rural construction land are linked to the reduction. Rural collective construction land, must conform to the land use plan, village and town planning, and included in the annual land use plan, where the occupation of agricultural land must go through examination and approval procedures. Forbidden by "modified" farmers by way of collective-owned land to state-owned land. Prohibition of illegal transfer of rural collective economic organizations, leased land for non-agricultural construction. Reform and perfect the Homestead system, strengthen the management of rural residential land, prohibited the acquisition of land in rural urban residents. Guiding new rural industries to the town and plans of small cities and towns set.
    On the premise of suitable, villages, market towns and towns in the circulation of rural collective construction land use right according to law. (11) the strict protection of basic farmland. Farmland is the basis for ensuring national food security. Revision of comprehensive land use planning, must ensure that the existing basic farmland total is not reduced, quality is not reduced. Basic farmland into plots and farmers and land ownership certificates and indicate in the certificate of contractual operation right of rural land. Record the basic farmland protection maps should be in the new round comprehensive land use plan within three months to complete the editor. Basic farmland, once drawn, without authorization, no unit or individual is allowed to occupy, or repurposed without permission, this is impassable "red line". Meet the statutory requirements, it needs to change and to occupy basic farmland, must be reported to the State Council for approval; approved to occupy basic farmland, compensation according to the statutory maximum standards, to the payment of additional farmland reclamation fee land, payment criteria according to the highest standards of implementation on the ground.
    Forbidden to occupy basic farmland to dig ponds, tree planting and other destructive activities of the topsoil, prohibits construction of "modern agricultural parks" or "agricultural" under any name, to occupy basic farmland in disguise, in real estate development. Third, improve the system of land requisition compensation and resettlement (12) perfecting compensation approach. Local people's Governments at or above the county level shall take practical measures, landless farmers ' living standard is not reduced due to land. To ensure full and timely payment of compensation in accordance with law, resettlement and compensation for ground attachments and green crops. In accordance with the existing laws provides for the payment of land compensation and resettlement fees, are not landless farmers to maintain their standard of living, enough to cover the landless peasants social security costs due to land, the provincial, autonomous regional and municipal people's Governments shall approve increase in resettlement. Sum of land compensation and resettlement fees reach the statutory ceiling, which is still not sufficient to enable the landless farmers remain the standard of living of local people's Governments can use the income from compensated use State-owned land to be subsidized. The provinces, autonomous regions and municipalities to formulate and publish all the cities and counties of unified annual production of land expropriation standard or comprehensive price, land compensation and do the same with the price, state key construction projects land acquisition costs must be included in the proposed budget in full. Large and medium sized Water Conservancy and hydropower project construction of land expropriation compensation standards and resettlement schemes, shall be separately formulated by the State Council.

    (13) appropriate arrangements for landless farmers. Local people's Governments at or above the county level should develop a specific approach to enable landless farmers long-term livelihoods are protected. Project to have steady income, farmers can be approved by law the right to use construction land shareholder. In city planning district within, local Government should will for land and led to no to of farmers, into town employment system, and established social security system; in city planning district outside, levy farmers collective all land Shi, local Government to in this administrative within for was land farmers left has necessary of farming land or arrangements corresponding of work post; on not has basic production life conditions of no to farmers, should offsite immigration placed.
    Labor and social security departments and other departments concerned as soon as possible to establish peasant employment training and guiding opinions of the social security system. (14) the sound procedures. In the process of land expropriation, and to safeguard their right to collective ownership of land and the farmers ' land contract management rights. Before the requisition approval according to law, to intended land uses, location, placement, compensation standard ways to inform landless farmers; the proposed investigation results of the land subject to the landless rural collective economic organizations and farmers confirm necessary, Department of land and resources hearing shall be in accordance with the relevant regulations. Landless peasants to be informed, relevant material identified as the requisition and approval of required documentation. To speed up the establishment and improvement of coordination and adjudication mechanisms of compensation and allocation dispute, maintaining the lawful rights and interests of landless farmers and land.
    Approved land acquisition matters, except in special circumstances, should be publicized. (15) to strengthen supervision on land acquisition and implementation process. Land requisition compensation and resettlement is not implemented, shall not be forced to use land. The provinces, autonomous regions and municipalities should be based on the principle of compensation for land used primarily for landless farmers, compensation fees for land allocation within the rural collective economic organizations. Land costs of rural collective economic organizations shall make compensation payments and distribution, announced to the members of the collective economic organizations, and accept their supervision.
    Agriculture, civil affairs departments to strengthen the rural collective economic organizations, such as land compensation fees allocation and supervision over the use of. Four, perfecting land-saving and profit-sharing (16) implement enhanced conservation and intensive land-use policy. To strictly control the increase of construction land, active inventory of stock, save land in the first place, with emphasis on inventory of stock to work hard. Construction of the new building project on first use of the existing land, strictly control the construction land, woodlands, grasslands and wetlands. On the construction of land resources survey, study and formulate encouraging policies and measures to revitalize the stock. All localities and relevant departments in accordance with the principles of intensive land use, adjust the provisions of the relevant rate of green plant, not encirclements "garden-like factory". In the zone (zone) promotion of multi-storey standard factory buildings. Of industrial land in line with planning, under the premise of not changing the original purpose and improve land utilization ratio and increase the volume of, in principle, no longer charging or adjustment of land use fees. Construction of basic facilities and public projects to conserve land use. The future, for when you want to use, volume, such as the conditions of use agreed to write land-use contracts. Land for industrial projects must have investment, development progress of control requirements. Land use rights land use not in accordance with the contract conditions, liable for breach of contract.
    Strengthening farmland occupation tax, and township land use tax, land appreciation tax collection management as well as further adjusting and perfecting the related tax, increase taxes on land acquisition and ownership regulation. (17) to advance market-oriented allocation of land resources. Strictly control the allocation of land, business infrastructure of paid use of land to be implemented gradually. Using the price mechanism inhibiting accounted for, abuse and waste of land. In addition to the existing requirement to public bidding, auction and listing sold land, industrial land to create conditions through public bidding, auction and listing sold. Legally approved to use the allocated land for business development, shall, in accordance with the market price to pay land fees.
    Upon approval of the transfer of the original allocated land-use right according to law, should be publicly traded in the tangible land market, according to the market price to pay land leasing; trading below the market price, the Government should exercise its preemptive right. (18) the development and implementation of new standards for land use. In accordance with the State industrial policies, land and resources departments to phase-out, restricted projects covering such bans and restrictions on land, and in conjunction with the departments concerned to develop fixed construction land standards, according to the actual situation of provinces, autonomous regions and municipalities to develop specific measures for implementation.
    Continued suspension of luxury villas real estate, golf courses and other land-use approvals. (19) non-idle land. Approval of the farmland, less than two years of carrying out specific acts of expropriation or land, approval document shall automatically become invalid; land have been implemented, and two years for land, farmland plans to issue next year deduction of corresponding indexes, land for farming conditions, shall pay the original land users to continue farming, cultivation can also be organized by the local people's Government.
    On idle land, strictly in accordance with the People's Republic of China relevant provisions of the law on land management. (20) improve the collection of land use fees for new construction methods. Land use fees for new construction after the first payment, paid to the State Treasury in full according to the standards set in place, no relief, and Treasury paid divided by the ratio. Auditing departments should strengthen land use fees for new construction land expropriation and use of supervision and inspection. Relief and in default of payment, in accordance with the recovery. Of finance, the Ministry of land and resources to adjust land use fees for new construction. Land use fees for new construction in strict accordance with statutory purposes, governed by the central part, tilt to the main grain-producing area.
    Explore the establishment of State-owned land income fund to curb short-term behavior of one-sided pursuit of land revenue. Five, establishing perfect system of cultivated land protection and land management responsibilities (21) land management authority and responsibility. Regulates the amount of new land for construction of power and responsibility in the Center, revitalize the stock of land rights and interests in the place, responsibility for protection and rational use of land in the local people's Governments at all levels, Governments of provinces, autonomous regions and municipalities should bear the main responsibility. In ensure strictly implementation land using general planning, not breakthrough land using annual plans of premise Xia, province, and autonomous regions, and municipalities Government can and manpower this administrative within of with to arrangements, in accordance with statutory permission on agricultural to switched to and land levy for approval, by provides uses decided added construction with to land paid using fee place into part of distribution and using, organization this administrative within arable land accounted for fill balance, and on land management legal regulations implementation situation for supervision check. Local people's Governments at various levels of land use defined in the General Plan of the administrative area of cultivated land and basic farmland protection area is responsible for, the Government leader is the first person.
    Local people's Governments at all levels must establish the appropriate system, take a variety of forms, ensure the arable land protection objectives into the grass-roots level. (22) the establishment of evaluation system of farmland protection responsibilities. State Department regularly to all provinces, autonomous regions and municipalities issued a responsibility for protecting farmland assessment objectives. All provinces, autonomous regions and municipalities each year to report to the State Council objectives to fulfil the responsibility to protect cultivated land. Of examination of the responsibility to protect cultivated land dynamic monitoring and early warning systems. In conjunction with the Ministry of agriculture, the Ministry of land and resources Ministry, the Audit Commission, the Statistical Office and other departments on a regular basis in the provinces, autonomous regions and municipalities directly under the farmland protection responsibility compliance inspection and examination and report to the State Council. Fulfilled their responsibility to carefully target results outstanding, to honor, and central control of the new land use of construction land takes time to tilt. Did not achieve the responsibility, to inform the national and ordered to complement and supplement of arable land designated basic farmland.
    On land development and consolidation of supplementary cultivated land in regular assessment of the situation. (23) the strict land management accountability. On violation legal provides unauthorized modified land using general planning of, and occurred illegal occupied basic farmland of, and not completed arable land protection responsibility assessment target of, and land against farmers lawful rights and interests of raised group event and failed to timely solution of, and relief and owes paid added construction with to land paid using fee of, and not regular completed basic farmland figure pieces record work of, to serious held responsibility, on about responsibility personnel by superior competent sector or monitored organ law set permission give administrative sanctions. Meanwhile, higher levels of Government to order the rectification, rectification during the moratorium on farmland and land requisition approval. Specific measures shall be formulated by the Ministry of land and resources departments concerned place. Implementation of supplementary supervision responsibility system of arable land, land resources and agricultural sectors are responsible for the supplementary cultivated land quantity and quality inspection, and held accountable for results.
    Provinces, autonomous regions and municipalities directly under the Ministry of land and resources and agricultural departments should strengthen supervision and inspection. (24) to land on and supervision of law enforcement. Establish open standards for land registration. The case search, lax law enforcement, superior land departments be ordered to make the decision on administrative penalty or administrative penalties directly. Redress land by fine only would go through legal procedures. On the illegal use of land and buildings and other facilities, according to law, such provision shall be removed or seized, not to be replaced by fines, completing the formalities; of completing the formalities required, punishment according to law, new from higher compensation and the collection of land transfer and related fees.
    Land law enforcement supervision system, establishment of a national land supervisory system, established State land Inspector and to the local presence of land supervision Commissioner to oversee land law enforcement. (25) to strengthen capacity-building in land management and administration. By the end of 2004 to complete the reform of provincial land and resource management, streamlining management system and work mechanism of leading cadres, and strengthening the construction of grassroots. City and county governments to ensure that grassroots land and resource management institutions, development, funding, play a primary role in enforcement of land management as the management of land and resources. Ministry of land and resources and other departments concerned to seize to establish and perfect a unified system of land classification, investigation, registration and statistics, starting a new round of land surveys, land data authenticity. Organization and implementation of "gold project". Making full use of modern high-tech dynamic monitoring of land use, establishment of implementation of general land use planning, land protection, land market monitoring network.

    All localities and all departments concerned should take "three represents" thought as a guide, set up scientific development concept and correct political achievement concept, implement the most strict land management system as the ruling ability and test the ability of administration by law.
                                                              Attach great importance to the protection and rational utilization of land, seriously sum up experience, and actively promoting the reform of land management, and constantly improve the land legal system, establish a strict, scientific and effective land management system, safeguard the fundamental interests of the masses, to ensure economic and social development.

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