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Haikou Countryside Land Management

Original Language Title: 海口市农村宅基地管理办法

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(The 59th Standing Committee of the People's Government of the Sea, 18 August 2006, considered the adoption of Decree No. 64 of 5 June 2007 of the People's Government Order No. 64 of 5 June 2007, which came into force on 1 August 2007)

Chapter I General
Article 1, in order to strengthen the management of rural housing bases, to rationalize the use of rural collective land and to improve the rural residential environment, to develop this approach in line with the relevant laws, regulations, such as the People's Republic of China's Land Management Act, the Land Management Regulations of the Territory.
Article 2
Article 3 of this approach refers to the rural home base, which is used by rural villagers in accordance with the law for the collective use of land in rural areas and the construction of land for their own housing and subsidiary living facilities.
This approach refers to collective land ownership representatives who are entitled to collective economic organizations, village groups or village councils established by law to enjoy collective land ownership.
Article IV. Rural houses are collectively owned by rural villagers and the villagers have only the right to use their homes.
Rural villagers are protected by law for the use of their home base.
Article 5
(i) A reasonablebstance, catchment and protection of arable land;
(ii) In line with the overall land-use planning, overall urban planning and village planning, and urban construction planning;
(iii) Live production, convenience, the construction of a civilized ecology assembly town and a civilized ecological village.
Article 6. The municipal land administration authorities are responsible for the uniform management of all urban rural homes under the law, and the municipal land administration authorities are responsible for the specific management of the rural housing base in all areas, towns.
The executive authorities, such as the municipalities and the planning, construction, housing and civil affairs, should be responsible, within their respective mandates, for the work of the rural housing base.
Chapter II Planning and landing plans
Article 7. The municipal land administration authorities have organized, by law, the overall planning for land use in town, and, in accordance with the overall requirement for integrated arrangements for rural and urban land-building, a reasonable determination of the size, scope and territorial size of small towns and rural settlements.
Article 8 There is no planning for village construction and, in principle, no residential base is in place.
Urban planning, land administration authorities should actively guide and assist the Government of the town in the preparation of village and town-building planning. The city and the people's government should make specific funding for the development of village and town-building planning arrangements for the town's people's Government.
Article 9. The municipal land administration authorities establish a land-use annual plan in accordance with the law to integrate the annual planning targets for the entire urban base. The rural housing base arrangements in all regions and towns shall not exceed the land-for-plan indicators.
Article 10 Governments should prepare annual plans for the use of the town's rural housing base, based on the annual plan targets of the rural housing base. The annual use plan for the rural housing base in the town shall be carried out with the consent of the Government of the district and upon the release of the municipal land administration authorities.
Article 11. The use of rural housing bases should give priority to the placement of old-age bases in the village, diarrhoea and abandoned lands, with strict control over the occupation of agricultural land and the prohibition of the occupation of basic agricultural land.
Article 12. The rural housing base involves the occupation of agricultural land and shall be governed by the law for the transfer of agricultural land. The land was occupied by the collective landowner's representative responsible for the organization of a reclaimed and arable quantity and quality of the land. Removals have been completed and are eligible for approval by the home base.
In the absence of conditional reclaims, payments should be made under the provision for reclaiming the new cropland.
Chapter III
Article 13
Article 14. The home base is used in accordance with a standard operating place of up to 30 square meters per person, but the maximum area of each household shall not exceed 150 square meters for use of farmland land and no more than 150 square meters per household; the use of old-age base, slacklands, slopes and abandoned land, within the main city area, the construction of town zones shall not exceed 17 square meters per household.
Article 15. Rural villagers have one of the following conditions, which can apply to collective land ownership representatives for the use of rural housing bases:
(i) The age of 18 years and the fact that the sub-household does not have a residence base;
(ii) The original home base cannot continue to be used for natural damage;
(iii) There is no house demolition due to land collection, urban and town construction and public facilities and public utilities;
(iv) Other relevant provisions.
Article 16 provides that villagers have less than 20 square meters of land, and that housing is indeed difficult and unsuitable for alteration or expansion of existing homes, may apply for an increase in the area of use in the home base, but that the additional area of use does not violate the provisions of article 14 of this scheme.
Article 17 Rural villagers shall apply for the use of the home base and shall submit to the collective landowner the application for the use of the residential base.
The application for the use of the home base shall include the basic circumstances of the applicant, the reasons for the application and the location and area of the proposed application for the use of the residential base.
Chapter IV Approval and registration
Article 18
(i) Collective land ownership representatives shall be entitled, within 10 days of the date of receipt of the application, to publish the list of applicants, the grounds for application, the place of application and the area. On 15 January, the publication expires without objection and, after the adoption of a legal meeting, a review by the Village People's Committee of views submitted to the Government of the Town;
(ii) The Government of the people of the town examines consent and reviews by the people of the region;
(iii) The Government of the people of the region has reviewed the agreement and the Government of the city has ratified it by law.
The municipal land administration authorities are entrusted by the Government of the Municipalities to approve specific work on the rural housing base.
Article 19 The Government of the people of the city, area or town of which the application is admissible shall, within 15 working days of the date of receipt of the information on the application, give the consent or approval.
The Government of the people of the city, district or town shall not agree or approve, and shall make written decisions and inform the applicant of the reasons for not having consent or approval.
Article 20 requires that a rural home base be granted:
(i) Be incompatible with overall land use planning, land-use planning or village and town planning;
(ii) To apply once again to the residence base after the sale, rental, grant and conversion of the original home base and the buildings on the ground to non-habitation purposes such as the place of operation;
(iii) Unconfirmed land;
(iv) The right to land is disputed;
(v) Incompatible with the conditions of application;
(vi) The applicant provides false information;
(vii) Other cases of non-approval.
Article 21, which is approved by law, shall be made public by the owner of the collective land.
Article 2, which is approved by law, is registered directly by the Government of the city, with a collective land use certificate.
The municipal land administration authorities are mandated by the Government of the city to carry out specific work on the registration of the certificates at the rural housing base.
Article 23 Rural villagers have access to housing under the law and should be built upon the required planning and construction of administrative authorities.
The following cases shall be prohibited:
(i) The illegal transfer of rural housing bases;
(ii) In rural areas, urban residents purchase houses.
Article 25, which has not been used or is unused in urban areas, shall be registered by the municipal land administration authorities in accordance with the law, with strict management by collective land ownership representatives and accumulation.
The construction of new homes should be strictly controlled in urban areas and the need for the establishment of a housing base was established, with the application of the collective land ownership representative to the municipal land administration authorities and the introduction of centralized planning.
This approach is preceded by the establishment of a housing base in the rural villagers in the urban area, which is legally acquired and used in the house, in accordance with the conditions used in the home base, which is registered by the Municipal People's Government in accordance with the relevant provisions.
Prior to the implementation of the People's Republic of China Land Management Act, as amended on 1 January 1999, the building of the home base for former rural villagers in the urban area has been established and is governed by the law by the authorities of the city's land. Of these, no nuclear land-use certificates are granted for non-compliance with overall land-use planning or severe impact planning; nuclear land-use certificates are registered by the Municipal People's Government in accordance with the relevant provisions of the law.
The twenty-seventh this approach is preceded by the construction of a residential base for rural villagers outside the urban area, which is in line with the conditions used in the home base, which is registered by the Government of the city in accordance with the relevant provisions.
Chapter V Oversight management
Article twenty-eighth municipal land administration authorities have strengthened the supervision of the implementation of the annual rural home base utilization plan by law.
Article 29 should be reviewed by land management offices to the field to review the applicant's compliance with the terms of application and the manner in which it is intended to be used, as approved by the law, and should be given to the construction site measurement sites; and after the construction of villagers' homes, the use of the land should be checked on the ground.
Article 33 has one of the following conditions in the rural home base, which has been approved by the original approval authority to recover land-use rights in accordance with the law, and write-off its land-use certificate and related approval documents by the issuing or approving authority:
(i) Two years without construction from the date of the issuance of a certificate of entitlement from the home base;
(ii) Removal of the use of the residential base;
(iii) No inheritance;
(iv) The abandoned old-age base;
(v) Implementation of the planning or construction of town, village public facilities and public goods and the need for land;
(vi) Other cases to be recovered.
The recovery in accordance with paragraph (v) above shall be compensated by law.
Article 31 Rural villagers have a two-size-fits-all home base for reasons such as inheritance of homes, and the remaining home base should be returned to the collective land ownership representatives to exercise uniform arrangements.
Unustainable homes on the ground should be removed from the home base without compensation; the original home is available and the villagers who use the base should be determined by consultation with the owner of the original house in the exercise of their rights under the auspices of the collective land ownership representative.
Article 32 was recovered from the home base and the land certificate should be returned to the land administration authorities within 15 days of the date of receipt of the notice; the late recuperation process is handled directly by the land administration authorities.
Chapter VI Legal responsibility
One of the following acts is unlawfully occupied, the return of illegally occupied land by the municipal land administration orders, the planning of illegal agricultural land use in violation of the overall land-use planning and the removal of new buildings and other facilities illegally occupied land, the restoration of land status, the late removal of land, the forced removal of land by law, the confiscation of new buildings and other facilities in line with the overall land-use planning, the confiscation of new buildings and other facilities, and the unlawful use of fines of land area of 30 square meters:
(i) The construction of houses of collective land outside the overall planning area without approval;
(ii) More than approval of territorial area or above the territorial boundaries;
(iii) The rural home base was recovered by law and refused to return;
(iv) Other illegal capitals.
In one of the following cases, the residence base was unlawfully approved and the illegal approval of the documents was null and void, and the land occupied should be returned to the collective landowner; the illegal approval of the residence base for losses incurred by the parties should be liable under the law:
(i) The right not to approve the unit of the home base or the person's unlawful approval;
(ii) Excluding the authorization of unlawful authorization;
(iii) Non-approved uses in line with overall land use planning;
(iv) Approval of proceedings in violation of the provisions of this approach.
Article XV of the illegal transfer of a rural home base is corrected by the municipal land administration authority, forfeiture of illegal proceeds by law, and fines of more than 25 per cent of the proceeds of illegal exploitation.
Article XVI of the State's staff play a role in the management of the rural home base, abuse of authority, infrastructural fraud, which has not yet been criminalized by law, and administrative action is taken in accordance with the law.
Chapter VII
Article 37 meets in accordance with article 18, paragraph (i), of this approach shall be in accordance with the relevant laws, regulations and regulations, such as the Organic Law of the People's Committee of the People's Republic of China, the Metropolitan Province of the Republic of China.
The specific application of this approach is explained by the municipal land administration authorities.
Article 39 of this approach was implemented effective 1 August 2007.