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Cultivated Land Requisition-Compensation Balance Assessment Methods

Original Language Title: 耕地占补平衡考核办法

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(June 16, 2006 Ministry of land and resources announced as of August 1, 2006, 33rd) first to strengthen the protection of cultivated land, regulate the compensation balance of cultivated land appraisal work, urging units of non-agricultural construction land of supplementary cultivated land in legal obligations, in accordance with the People's Republic of China land administration law and the decision of the State Council on deepening the reform of the strict land management, these measures are formulated.
    Article II-compensation balance of cultivated land appraisal in these measures refers to land and resources administration departments at or above the county level in accordance with the "what, Ken" principle, the approved appropriation of arable land for non-agricultural construction land according to law carry out checks to verify the implementation of the programme of supplementary cultivated land.
    Article III Ministry of land and resources is responsible for the examination of the national cultivated land requisition-compensation balance.
    Local land and resources administration departments at or above the county level shall be responsible for the evaluation of work-compensation balance of cultivated land within the administrative area.
    Article fourth-compensation balance of cultivated land appraisal, adhere to uniform standards, hierarchical accountability, realistic, objective and impartial, rigorous specifications, contrary to the principle of investigation.
    Article fifth approved by the law of a non-agricultural construction land, in accordance with the programme of supplementary cultivated land in the implementation of the programme will be completed during the year under review of supplementary cultivated land obligations, compensation balance of cultivated land in the annual scope of examination.
    Examination prescribed in the preceding paragraph from November 1 to October 31 this year the previous year.
    Article sixth cultivated land requisition-compensation balance assessment, conducted in units of land for construction projects, main assessment approved by the law identified by the programme of supplementary cultivated land of supplementary cultivated land in quantity, quality and funding.
    Project for construction of the provisions of the preceding paragraph, including energy, transportation, water resources, mining, a separate military facilities siting and construction projects and urban construction land, villages and market towns in batches. Seventh article added arable land of responsibility units is: (a) separate location construction project with to, by units itself added arable land of, units for added arable land of responsibility units; (ii) city batch times construction with to, where City, and County Government for added arable land of responsibility units; (three) village, and town batch times construction with to, by involved of rural collective organization for added arable land of responsibility units; (four) for no conditions reclamation or reclamation of arable land not meet requirements, according to province, and autonomous regions, and Municipalities of provides paid arable land reclamation fee, by charged arable land reclamation fee of place Government or about sector generation perform added arable land obligations of, about place Government or sector for added arable land of responsibility units; (five) for arable land reserve resources lack, by province, and autonomous regions, and municipalities land resources management sector unified arrangements, through charged arable land reclamation fee in this province, and autonomous regions, and municipalities administrative within easily added arable land of,
    Receive farmland reclamation fee of relevant local people's Government or the responsibility of departments to supplement arable land units. Article eighth-compensation balance of cultivated land and cultivated land for construction projects and the system of supplementary cultivated land in land development and consolidation projects.
    Supplement responsibility of the land unit shall, in accordance with the programme of supplementary cultivated land approved by the law, through the implementation of supplementary cultivated land in land development and consolidation project.
    Nineth legally approved appropriation of arable land cultivated soil of cultivated land occupied by the construction should be stripped for cultivated land in land development and consolidation projects, or other soil amendments.
    Conditional areas, units of supplementary cultivated land should be using strip tillage soil, improve the quality of supplementary cultivated land.
    Tenth supplementary cultivated land in land development and consolidation projects should comply with the overall land-use planning and land exploitation and consolidation planning and achieving unity of quantity, quality and ecology management. Land development and consolidation projects should be carried out according to the project management feasibility studies and design according to the natural and economic conditions of the region in which the project design, efforts to enhance the level of supplementary cultivated land.
    After the completion of land development and consolidation projects, land and resource management by the authorities and the sectors such as agriculture in accordance with the land development and consolidation project acceptance acceptance of the relevant provisions of the organization.
    11th supplement of arable land through the implementation of land development and consolidation project number shall not be less than-linked construction of cultivated land occupied by the project.
    Implementation of supplementary cultivated land in land development and consolidation projects, shall, together with the land occupied by the same level or higher than the level of cultivated land occupied, according to the area of cultivated land occupied to determine additional arable land; does not achieve the same level, it is difficult to guarantee the quality of supplementary cultivated land, shall select a rating close to project, and make quality grade conversion method increases according to the number of additional arable land.
    12th implementation of supplementary cultivated land in land development and consolidation projects, shall meet the design determines the relevant roads, Canal systems, networks and technologies such as plough layer thickness and slope standards, and acceptance by the relevant provisions.
    13th separate location of cultivated land occupied by construction projects, supplementary cultivated land in full, funds should be included in the project budget.
    Of cultivated land occupied by urban construction land in batches, cultivated by local people's Governments to provide additional funding through the implementation of land development and consolidation project of supplementary cultivated land, but may not use land use fees for new construction.
    Villages and market towns of cultivated land occupied by construction land in batches, by the rural collective economic organization raise the funds or organizing farmers work shots Dr implementation of supplementary cultivated land in land arrangement project.
    Article 14th qualify this approach tenth, 11th, 12th and 13th article, land for construction of supplementary cultivated land appraisal of the project to "qualified".
    These measures are not in line with article tenth, 11th, 12th and 13th provisions of article one of the supplementary examination of cultivated land as "unacceptable".
    15th every year by the Department of land and resources of the national cultivated land requisition-compensation balance evaluation to make arrangements.
    The provinces, autonomous regions and municipalities directly under the Ministry of land and resources management Department under the Ministry of land and resources deployed, on city and county specific request evaluation of cultivated land requisition-compensation balance.
    City or County land and resources management departments in accordance with higher land and resource management plans and requirements within their respective administrative areas added to the scope of the annual appraisal of land for construction projects, and organize the implementation of assessment work.
    16th article County above place land resources management sector on into annual assessment range of construction with to project for assessment, should on linked of land development finishing project of project file, and design, and acceptance report, and added arable land funds paid voucher, for check, and on added arable land for field verification, determine assessment results, fill in annual construction with to project added arable land assessment table, step by step reported province, and autonomous regions, and municipalities land resources management sector. Field verification of supplementary cultivated land should be and acceptance of land development and consolidation projects, combining land change survey work.
    Is acceptance and change investigation or change of registration determines the number of supplementary cultivated land can no longer conduct field verification.
    Superior management of land and resources departments should be on the lower land and resources management-compensation balance of cultivated land appraisal and submit construction project added land inspections and spot checks.
    17th of provinces, autonomous regions and municipalities directly under the management of land and resources within their respective administrative areas should be cities and counties raised the annual land and resources management project summary the supplementary examination of cultivated land for construction purposes, to supply the relevant reports and accompanying explanatory materials accompanying the annual report evaluation of cultivated land requisition-compensation balance, reported to the Ministry of land and resources prior to the end of November this year.
    18th Ministry of land and resources to the provinces, autonomous regions and municipalities directly under the management of land and resources departments reported annual compensation balance of cultivated land appraisal to summarize and analyze, and land for construction projects of supplementary cultivated land in random situations, provinces, autonomous regions and municipalities directly under the views on the State balance of total amount of cultivated land, and reported in the country.
    Provinces, autonomous regions and municipalities directly under the management of land and resources departments should be on the annual compensation balance of cultivated land within the administrative area summarize the work, project added land for construction land yield lower cities and counties inform study improvement measures and submit a written report to the Ministry of land and resources. 19th superior construction project in land and resource management has the right to order the passing rate of supplementary cultivated land in the lower area of rectification.
    Follow up failed, deferring the acceptance of the region's farmland and land requisition approval.
    20th article 14th according to these measures, land for construction projects complement assessment of arable land determined to be qualified, land and resources administration departments at or above the county level shall order supplementary cultivated land units to correct within limit; it refuses to, mutatis mutandis, the People's Republic of China land management act 75th and the People's Republic of China of 41st of the regulations for the implementation of the land management law and punished as such.
    Article 21st land and resource management staff compensation balance of cultivated land appraisal dereliction of duty, abuse of power, deception, fraud, and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.
        22nd article this way come into force on August 1, 2006.