Decisions Of The Regulations On The Part Of The Ministry Of Land And Resources

Original Language Title: 国土资源部关于修改部分规章的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347827.shtml

Decisions of the regulations on the part of the Ministry of land and resources

    (November 30, 2010, Ministry of land and resources announced come into force on the date of promulgation, 49th) in order to safeguard the Socialist legal system, further improve the legal system of land and resources, and decided to modify the following regulations as follows:

    First, the expropriation notice policy (Ministry of land and resources, 10th), name changed to "announcement of land expropriation".

    Second, the relevant provisions of the following regulations in the "expropriation" is amended as "expropriation"

    1. review and approval of construction land management policy (Ministry of land and resources, the 3rd) the sixth, seventh, eighth, tenth, 11th, 12th, 14th, 16th, 17th, 19th

    2. the expropriation notice policy (Ministry of land and resources, the 10th), the first, second, third, fourth, fifth, sixth, seventh, eighth, tenth, 13th, 14th, 15th

    3. measures for the investigation and handling of the land dispute (Ministry of land and resources, the 17th) 20th

    Third, this decision as of the date of promulgation.

    The review and approval of construction land management practices and the measures for announcement of land, the land ownership dispute investigation procedures in accordance with this decision be revised accordingly, republished.

    Attachment: review and approval of construction land management practices (revised 2010)

    (March 2, 1999, People's Republic of China Ministry of land and resources published 3rd November 30, 2010, the Ministry of land and resources on revision of the decision to modify the part of the regulations)

    First to strengthen land management, review and approval of construction land, according to the People's Republic of China Law on land management (hereinafter referred to as the land management Act), the People's Republic of China implementing regulations of the land administration law (hereinafter referred to as regulations for the implementation of the land management Act), these measures are formulated.

    Second according to law shall be submitted to the State Council and the provincial, autonomous region or municipality approved land application, review, approval and implementation, these measures shall apply.

    Third land administrative departments of the people's Governments above the county level shall be responsible for construction land of filing, review and approval.

    When the fourth construction project feasibility study, the construction unit shall sibling of the construction project approval authority to the land Administrative Department in charge of land application.

    Accepting applications for land administrative departments should be based on the General land use planning and land supply policies, pre-trial matters relating to construction projects, construction projects with pre reports issued.

    Fifth in land use defined in the General Plan of urban land use outside the scope of a separate construction project land use of the site, the construction unit shall be filed with the land where city and County land Administrative Department in charge of land application.

    When apply for land units, should fill out the application form for construction land, and attach the following material:

    (A) the employer-related qualification certificate;

    (B) feasibility study of the project approval or any other relevant approval documents;

    (C) issued by the Department of land administration of construction project with pre reports;

    (D) the initial design or other related approval documents;

    (E) the General layout of construction projects;

    (Vi) land, you must programme of supplementary cultivated land;

    (VII) construction in geological disaster-prone areas, geological hazard assessment report should be provided.

    Sixth article city, and County Government land administrative competent sector on material complete, and meet conditions of construction with to application, should accepted, and in received application of day up 30th within developed agricultural to switched to programme, and added arable land programme, and expropriation land programme and for to programme, prepared construction project with to reported manual, by sibling government audit agreed Hou, reported Shang level land administrative competent sector review.

    Seventh in overall land use planning within the established range of urban construction land, for the implementation of urban planning and land, the land administrative departments of the people's Government of the city and County to develop farmland programme, the programme of supplementary cultivated land and land-use programmes, reporting instructions for preparation of construction projects, the same level people's Governments for examination and approval, Department of land administration review at a higher level.

    Land use defined in the General Plan of the villages and market towns within the land for construction purposes, and for the implementation of village or town planning and land, the land administrative departments of the people's Government of the city and County to develop farmland programme, added the land programme, reporting instructions for preparation of construction projects, the same level people's Governments for examination and approval, Department of land administration review at a higher level.

    Eighth construction uses only State-owned agricultural land, land administrative departments of the people's Government of the city and County need only develop farmland programme, supplementary programmes and for programmes of cultivated land.

    Building footprint of rural collective construction land, land administrative departments of the people's Government of the city and County need only developed land programmes and for programmes.

    Only occupy unused State-owned land for construction, in accordance with article 24th of the regulations for the implementation of the land management act shall be approved by the State Council, land administrative departments of the people's Government of the city and County need only prepare programme; other construction projects using the State-owned unused land, according to the provinces, autonomous regions and municipalities directly under the regulations.

    Nineth reporting instructions for construction projects shall include the project arrangements, intending to use the land, and shall attach the following material:

    (A) the approved city and County comprehensive land use plans and land use map, to occupy basic farmland, and should also provide land use planning maps;

    (B) submitted by the employer, certified unit investigation delimitation and delimitation survey technical report;

    (C) land tenure records or other supporting documents;

    (D) reimbursable, should also provide the initialling of the land use contract and instructions and related documents;

    (E) for the implementation of urban planning and village, town planning, land, town planning, market towns and villages should be provided plan.

    The tenth programme of farmland should include species of the occupation of agricultural land, location, size, quality, etc.

    Supplementary cultivated land programmes should include supplementary cultivated land or fill the location, size, quality of basic farmland, supplementary terms, such as availability of funds, and affix the appropriate maps.

    Expropriation of land shall be included in the scope, type, size, ownership of the land, land compensation and resettlement criteria, in need of resettlement staff placement approaches.

    Programmes shall be included for the purpose of land, area, and standards of land use fees paid, the amount, and so on. 11th the land Administrative Department receives reports of construction project reporting instructions and related options, the materials are complete and meet the criteria, should be reported to people's Governments at the 5th for review.

    People's Governments at the same level for examination and approval, escalation have the right of approval of the people's Governments, and reviewing the materials sent to the Department of land administration reviews.

    Report on construction of law shall be approved by the State Council specifications and related programmes, Governments of provinces, autonomous regions and municipalities must present clear review, and take responsibility for the authenticity and legality of sending material.

    Governments of provinces, autonomous regions and municipalities directly under the approval of farmland, the State Council approved the expropriation of land, approval of the Governments of provinces, autonomous regions and municipalities directly under the farmland program, should approval documents and land administration departments at lower levels reporting reporting materials.

    12th have the right of approval of land administrative departments of people's Governments shall receive reports of changed agricultural land schemes, supplementary programmes, expropriation of cultivated land programmes and for programmes and in accordance with the regulations after 30 consultation with the interested parties to review completed.

    Construction review should carry out land administrative departments internal triage system.

    13th farmland and supplementary land programme that meets the following conditions, the land administrative departments can be reported for approval:

    (A) land-use planning;

    (B) is considered to be necessary to occupy agricultural land control targets set out and in accordance with the annual land use plan;

    (C) land, programme of supplementary cultivated land in land consolidation and exploitation planning area, quality and compliance requirements;

    (D) separate handling of farmland, separate site conditions must be met.

    14th land acquisition programme that meets the following conditions, the land administrative departments can be reported for approval:

    (A) land parcel boundaries, land type, the area clear, no dispute over the ownership of;

    (B) the compensation standard of land in accordance with laws and regulations;

    (C) are to be resettled on the land staff placement approach is feasible.

    Construction project construction and geological exploration requires temporary use of rural collective land, signed a contract for the temporary use of land according to law and pay compensation for the temporary use of land, not for land acquisition.

    Article 15th for the programme that meets the following conditions, the land administrative departments can be reported for approval:

    (A) in line with the national policy of land supply;

    (B) the application area in accordance with the construction standards for land use and intensive land-use requirements;

    (C) allocation for land, comply with the statutory conditions of allocation of land;

    (D) to paid use for, for, age amount, paid fee standards, comply with the requirements

    (E) State-owned unused land occupies only, must be suitable for accurate, clear boundary area.

    16th farmland programme, the programme of supplementary cultivated land, expropriated land and to have the right of approval of the programme for Government approval, the land administrative departments at the same level shall reply within the 5th after receipt of documents issued.  

    Not complying with the provisions of land use fees for new construction shall not be approved for construction.

    17th farmland of the approved programme, supplementary programmes, programme of expropriation of arable land and for programme implementation organized by the local city and county governments where the land.

    18th article construction project added arable land programme by approved issued Hou, in land using general planning determine of city construction with to range outside separate location of construction project, by city, and County Government land administrative competent sector is responsible for supervision implementation; in land using general planning determine of city and village, and town construction with to range within, for implementation city planning and village, and town planning occupied land of, by province, and autonomous regions, and municipalities Government land administrative competent sector is responsible for supervision implementation.

    19th after approval in accordance with law, the land acquisition programme, city or county people's Governments shall, from the date of receipt of the approval documents in the 10th, in the expropriated land is located within the village, town, notice of the implementation of the land management law Ordinance 25th article content. Expiry of the notice, city and County land administrative departments under the people's Governments of expropriation schemes and registration of land expropriation compensation, development of land requisition compensation and resettlement programmes and expropriated the land is located, town-wide announcements.

    Content of land requisition compensation and resettlement programmes, shall comply with the regulations for the implementation of the land management Act provisions of the third paragraph 25th article.

    After land requisition compensation and resettlement programmes, city and County land administrative departments of people's Governments shall, in accordance with compensation, resettlement programmes to the expropriation of rural collective economic organizations and farmers to pay compensation, compensation for ground attachments and green crops and place means of implementing in need of resettlement the agricultural population.

    20th in overall land use planning within the established range of urban construction land, for the implementation of urban planning and land, after they have been approved by law, city and County land administrative departments of people's Governments should publicize planning requirements, set conditions of use, and determine ways to use and implement. 21st to offer the paid use of State-owned land use right, by city and County land administrative departments of land use contracts with the land users and issued to the owner of the certificate of approval of construction land.

    Land users pay the land use fee, in accordance with the provisions of the land registration. To provide State-owned land allocation by the municipal or County land administrative departments issued to units of the State-owned land allocation decision and the construction of the instruments of ratification, in accordance with the provisions of the land registration.

    The written decision on State-owned land should include the allocation of land area, land use, land-use conditions, and so on.

    During project construction, the construction unit shall be the certificate of approval of construction land in publicity on the construction site.

    City and County land administrative departments of people's Governments shall provide periodic published on State-owned land.

    22nd land administration departments at all levels should be on the construction project tracking.

    Violating these rules approved or unapproved illegal occupation of land, should be punished according to law. 23rd article this way as of the date of promulgation.

    On November 22, 1988, the former State Bureau of land management issued by the provisional regulations on State approval of construction land and on April 29, 1990 the former State land administration issued provisional regulations on the management of State-owned land use right for approval be abrogated.

    Attached: measures for announcement of land (revised 2010)

    (October 22, 2001 People's Republic of China Ministry of land and resources announced on November 30, 2010, 10th from the Ministry of land and resources to amend some regulations decision amended on November 29, 2010, the Ministry of land and resources of the 6th Ministerial meeting on November 30, 2010 49th release come into force on the date of promulgation)

    First to standardize the announcement of land expropriation, protecting the rights of rural collective economic organizations, rural or other people's legitimate rights and interests, guaranteeing economic construction under the People's Republic of China land administration law and the People's Republic of China implementing regulations of the land administration law, these measures are formulated.

    Second announcement announcement of land expropriation and land requisition compensation and resettlement programmes, these measures shall apply. Third collection of peasant collective land, land schemes and land requisition compensation and resettlement programmes should be at the seat of the land expropriated, notice in writing within a group.

    Which is imposed by the township (town) peasants ' collective-owned land, Township (town) people located bulletin.

    The fourth seat of the expropriated land city and county governments should, on receipt of the land programme approval within 10 working days from the date of announcement of land expropriation, land administrative departments of the city and county governments are responsible for implementation.

    Fifth announcement of land expropriation shall contain the following information:

    (A) the land requisition and approval authorities, approval number, approval and approval purposes;

    (B) the owners of expropriated land, location, type and area;

    (C) the compensation standard of land requisition and agricultural personnel way;

    (D) register with the compensation period, place.

    Sixth landless rural collective economic organizations, rural or other rights shall within the period specified in the announcement of land expropriation of land ownership certificates to the designated location registration procedures for compensation.

    Landless rural collective economic organizations, rural or other rights holder is not on schedule registration procedures for land compensation, compensation based on city and County land administrative departments of the results shall prevail.

    Article seventh city and County land administrative departments of the people's Government approved land programme, jointly with relevant departments, within 45 days from the date of announcement of land expropriation in artificial units of ownership of the expropriated land to draw compensation, resettlement programmes and make an announcement.

    Eighth land requisition compensation and resettlement, program announcement shall include the following information:

    (A) the collective economic organization by land location, category, area, types and number of attachments and green crops on the ground, the number of agricultural population in need of resettlement;

    (B) criteria, amount, payment of land compensation fees and method of payment;

    (C) resettlement criteria, amount, payment and method of payment;

    (D) compensation standards for ground attachments and green crops and the method of payment;

    (E) the way of agricultural workers of places;

    (Vi) other specific measures relating to land acquisition and compensation and resettlement.

    Nineth landless rural collective economic organizations, or any other rights of rural people to the expropriation compensation, resettlement programmes have a different opinion or request for a hearing, shall, on the requisition of the compensation and resettlement programmes within 10 working days from the date of the announcement to the city and county administrative departments of people's Governments. Tenth article about city and county people's Government expropriated land administrative departments should study the rural collective economic organization, or any other rights of rural people to the expropriation compensation, resettlement programmes of the different views. To request a hearing of the parties, shall hold a hearing.

    Necessitates modification of land requisition compensation and resettlement programmes shall be approved in accordance with relevant laws, regulations and changes to the land programme.

    Land administrative departments of the municipal and county governments requisition compensation and resettlement programme submitted to the municipal and county governments for approval, shall be attached with the landless rural collective economic organizations, rural views and adoption or other right holders, holding hearings, should also be attached with the hearing record.

    11th land requisition compensation and resettlement programme after approval, by the city or County Department of land administration organizations.

    12th land administrative departments of the municipal and county governments will land compensation and resettlement costs allocated to landless rural collective economic organizations, and the right to provide the rural collective economic organizations within a certain time limit to pay list.

    City and County land administrative departments have the right to urge the rural collective economic organization concerned land compensation, placement fee payments to the members of the collective economic organization be published for landless rural collective economic organizations, rural or other rights checks and supervision.

    13th of municipal, County, land administrative departments of people's Governments shall accept the announcement of land expropriation and land requisition compensation and resettlement programme announcement for queries or problems in the implementation of the report, subject to public supervision.

    Article 14th announcement of land expropriation in accordance with law, landless rural collective economic organizations, rural or other right holder shall have the right to require notice, entitled to refuse registration procedures for compensation.

    Failing to land requisition compensation and resettlement programme announcement, landless rural collective economic organizations, rural or other right holder shall have the right to require notice, right to refuse for land requisition compensation and resettlement procedures.

    15th for lack of ratification in accordance with the law of the land programme and land requisition compensation and resettlement programmes for the compensation and resettlement disputes, coordinated by city and county governments; coordination fails, decided by the local people's Governments at a higher level.

    Land requisition compensation and resettlement land dispute does not affect programme implementation.

    16th in these measures come into force on January 1, 2002.

    Attached: land dispute investigation approach (revised 2010)

    (January 3, 2003 People's Republic of China Ministry of land and resources released 17th November 30, 2010, the Ministry of land and resources of the regulations on the part of decision amended on November 29, 2010 the 6th Ministerial meeting of the Ministry of land and resources on November 30, 2010, Ministry of land and resources announced come into force on the date of promulgation, 49th)

    First according to law, fair and timely investigation of land ownership disputes, protect the legitimate rights and interests of the parties, safeguarding the Socialist public ownership of land, according to the People's Republic of China Law on land management, these measures are formulated.

    The second dispute of land ownership in these measures refers to ownership or use right of the land dispute. Third survey to deal with land ownership disputes, should be based on laws and regulations and regulations on land management.

    Proceeding from reality, respect history, face reality.

    Fourth land and resource administration departments at or above the county level shall be responsible for the land dispute case (hereinafter referred to as controversy) investigation and mediation work; about the need to make a decision according to law, formulate opinions, and reported to the people's Government at the decision.

    Land and resources administrative departments above the county level can specify specialized agencies or officers responsible for the dispute related matters.

    Fifth personal, between individuals and between units, disputes between unit and unit case, land and resources administrative departments at the county level, where the disputed land investigation and treatment.

    Of the provisions of the preceding paragraph, between the cases of disputes between individuals and units, according to the party's application, accepted by the people's Governments at the township level and handling.

    Sixth district municipality, autonomous administrative departments of land and resources survey address the following cases:

    (A) cross-county;

    (B) the same level people's Governments, the superior administrative departments of land and resources assigned transmit or relevant departments.

    Seventh of provinces, autonomous regions and municipalities directly under the administrative departments of land and resources survey address the following cases:

    (A) cross city divided into districts, autonomous administrative regions;

    (B) the dispute one of the central State organs or units directly under them, and the large area of land involved;

    (C) the dispute for the army, and the large area of land involved;

    (D) has great influence within their respective administrative areas;

    (E) the same level people's Government, transferred or assigned by the relevant departments of the Ministry of land and resources.

    Eighth Ministry of land and resources survey address the following cases:

    (A) assigned by the State Council;

    (B) have a significant impact in the country.

    Nineth party land ownership disputes that cannot be resolved through consultation, according to law to apply in dealing with people's Governments above the county-level or township-level people's Government, or in accordance with the provisions of diwu、Liu、Qi、batiao these measures, to the Administrative Department in charge of land and resources related to the investigation and handling of applications.

    Tenth under application for investigation to deal with land ownership disputes, shall comply with the following conditions:

    (A) applicant and disputed land are directly interested;

    (B) clear the request handle object, specific processes the request and based on facts.

    11th investigation and handling of the party applying for land ownership disputes, shall submit a written application and the relevant evidentiary material, and is applied according to the number of copies submitted.

    The application shall set out the following:

    (A) the name of the applicant and the applicant or the name, address, postal code, name and position of the legal representative;

    (B) request issues, facts and reasons;

    (C) the witness's name, place of work, address, postal code. 12th party may authorize an agent to apply for investigation and handling of the land dispute. Agent application, power of attorney should be submitted.

    Letter of authorization shall specify the matters entrusted and the permissions.

    13th of applicants apply for investigation and treatment of the land ownership dispute, land and resources administrative departments shall, in accordance with the tenth review of the provisions of these measures, and on the date of receipt of the application within 7 working days from the admissibility of opinion. Deems it inadmissible, decision within 5 working days from the date of acceptance will be sent a copy of the application on the respondent. Respondent shall, from the date of receipt of the copy of the application within the 30th filing material and relevant evidence.

    Fails to submit the statement of Defense, does not affect the handling of cases.

    Thought should not be admissible, it should be developed in a timely manner shall not accept proposals, reported to the people's Government at the inadmissibility decisions.

    Not accepted by the party is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    People's Governments at the same level and the superior administrative departments of land and resources assigned by or relevant departments of disputes, in accordance with the relevant provisions of this article review process.

    14th the following cases are not as controversial cases:

    (A) in tort cases;

    (B) the administrative area boundary dispute cases;

    (C) illegal cases of land;

    (D) the contractual operation right of rural land dispute cases;

    (E) other cases not as a land ownership dispute.

    15th after accepting decision the competent administrative Department of land and resources, shall be specified in time the undertaker, to investigate the facts in dispute by the parties. 16th the undertaker and have a stake in the case of disputes, shall apply for withdrawal; the parties deem the undertaker and have a stake in the case of disputes, the right to request the undertaker avoided.

    The undertaker avoided, decided by the administrative departments of land and resources cases. 17th the undertaker in the course of investigations dealing with land ownership disputes, can contribute to the relevant units or individual investigation and evidence collection.

    Survey units or individuals shall assist and provide relevant supporting materials. 18th in the course of investigations dealing with land ownership disputes, land and resources administrative departments felt the need to survey the disputed land, and shall notify the parties and the relevant personnel to the scene.

    If necessary, you can invite relevant departments sent to assist in the investigation.

    19th land ownership disputes the parties on the facts and reasons that bear the burden of proof, should be accountable to the investigation and handling of materials relating to evidence provided by the Administrative Department of land and resources.

    20th Chief of land and resources authorities in the investigation and handling of controversial cases should be reviewed following evidence provided by both parties:

    (A) shall determine the issue of land ownership certificates;

    (B) Governments or authorities approved the acquisition, transfer, transfer files or otherwise authorize the use of land;

    (C) disputes both parties written agreement reached in accordance with law;

    (D) the Government or judicial organs to deal with disputed documents or drawings;

    (V) other relevant documents.

    Article 21st on the evidence provided by the parties, should be verified by the Administrative Department of land and resources, as the basis for ascertaining the facts.

    22nd before the ownership and use of land dispute, any party shall change the status of land use.

    23rd to hear disputes by the Administrative Department of land and resources shall be based on facts and distinguish between ownership of mediate, prompting the parties reached an agreement through negotiation.

    Mediation should adhere to the principle of voluntary, legal. 24th a conciliation agreement shall be mediation.

    The conciliation statement shall include the following:

    (A) the name or names of the parties and the name and position of the legal representative;

    (B) the principal facts in dispute;

    (C) the content and other matters related to the agreement.

    25th conciliation shall be signed by both parties or seal, signed by the sponsor and stamped with the seal of the land and resources administrative departments to take effect.

    The mediation agreement has the force of law in force, is the basis for land registration.

    26th land and resources administrative departments should be in mediation in the 15th after the effective date, in accordance with the relevant provisions of the civil procedure law, written mediation to the parties and also on the reported level of land and resources administrative departments.

    27th conciliation agreement has been reached, executive management of land and resources departments should timely investigation and treatment advice, reported to the people's Government at the decision. 28th administrative departments of land and resources should be accepting the land ownership dispute investigations within 6 months from the date of disposal.

    Complex circumstances, not in the time allotted for surveys and opinions, after the approval of the Administrative Department in charge of land and resources, may be appropriately extended.

    Investigation and handling of the 29th opinion shall include the following contents:

    (A) the party's name, address, names of the legal representatives, positions;

    (B) dispute the facts, reasons and requirements;

    (C) the findings of fact and application of the laws, regulations and other basis;

    (D) the formulation of conclusions.

    Article 30th after the Administrative Department in charge of land and resources survey comments, shall be submitted within 5 working days the same level people's Governments, ordered by the Government decision.

    Land resources disposal in the report on the Administrative Department of the people's Government at the same time, on the reported level of land and resources administrative departments.

    31st party who is dissatisfied with a decision made by the people's Governments, can apply for administrative reconsideration or bring an administrative suit.

    Within the required time, the party did not apply for administrative reconsideration or administrative proceedings, decisions shall come into legal effect. Decision in force is the basis for land registration.
    The 32nd in a land dispute in the investigation process, land and resources Administrative Department for dereliction of duty, abuse of power, favoritism and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, by his or her employer or its higher authority shall be given administrative sanctions.

    33rd township-level people's Governments to deal with land ownership disputes, in accordance with the measures implemented.

    34th survey processing dispute cases document format, developed by the Ministry of land and resources.

    35th costs of investigation and handling of disputes, in accordance with the relevant provisions of the State. 36th these measures shall come into force on March 1, 2003.  On December 18, 1995, the former State Bureau of land management land ownership disputes issued interim measures be repealed simultaneously.