Chapter I General provisions article I for integrated utilization of land resources in urban and rural areas, strict protection of arable land, promote land saving and intensive use, safeguard legitimate rights and interests of farmers and rural collective economic organizations and promoting coordinated urban and rural development, according to the People's Republic of China real right law of the People's Republic of China land administration law and relevant laws and regulations, based on actual city, these measures are formulated.
Article within the administrative area of the city to vote for land reclamation and land transactions, application of this approach has been used.
To vote in these measures refers to voluntary use of its land as land rights after land reclamation for qualified under agricultural land, reducing the formation of land for construction in Chongqing's rural land is construction of exchange-traded index.
Article management should follow the voluntary reclamation, publicly traded agriculture principle, according to the regulation of the use, benefits.
Article fourth of land and resources departments in charge of land reclamation, trade in and use of regulatory work.
Agriculture, finance, supervision, water resources, audit, forestry and other sectors in accordance with the Division of duties related work.
District (County) people's Government shall be responsible for the construction land within the administrative area reclamation and land use organization and coordination work.
Township people's Governments and neighborhood offices responsible for the reclamation of land for construction-related work, and on the formation of reclaimed agricultural land management land use supervision.
Chapter fifth of municipal construction land reclamation of land and resources departments should be based on urbanization development, economic and social development level, factors such as land reclamation cycle, scientific land planning, measure scale of land reclamation, guide ordered construction land reclamation.
District (County) of land and resources departments shall, in accordance with the administrative rights for land reclamation will, orderly organization of construction land reclamation, giving priority to support poverty relief relocation, relocation of geological hazard avoidance and other reclamation projects.
Sixth land reclamation should be based on land use, industrial development, rural planning and environmental protection planning is based, taking into account factors such as population mobility index, reasonably reserved land for construction of rural development.
Seventh article application reclamation of land should has following conditions: (a) status for construction with to, and meet land using status classification; (ii) in land using general planning determine of town construction with to extended border and the energy, and traffic, and water, engineering facilities with to range outside, meet land using planning, has main reclamation for arable land of conditions; (three) ownership clear, has legal ownership proved.
Except as provided in the preceding paragraph, apply for State-owned construction land reclamation, and shall conform to the relevant provisions of the State-owned land reclamation. Eighth article has following case one of of construction with to, shall not reclamation for to votes trading: (a) illegal construction with to; (ii) separate of subsidiary facilities with to; (three) on January 1, 2009 Hou new approved of construction with to, and housing ownership initial (first) registration time not full 5 years of; (four) China traditional village, and history culture name town name village or names culture heritage protection range within of construction with to; (five) right law by limit of construction with to; (six) natural disasters occurred Hou,
Construction of geological condition has not been stable, and (VII) other circumstances that should not be reclaimed.
Nineth land rights are the subject of land reclamation, including farmers, the rural collective economic organizations and other subjects of the ownership of land. Homestead and ancillary facilities to land reclamation, voluntarily by farmers to apply.
Farmers applying for land reclamation has a legal and stable home. After the farmer's land reclamation, no new application for housing.
Due to the legal situation required a new application for housing, should be obtained by reimbursable. Article tenth rural collective construction land reclamation, land rights shall be submitted to the Township people's Governments and neighborhood offices applications for State-owned construction land reclamation, land rights shall give land district (County) Department of land and resources.
Applications should include the following information: (a) reclamation application form, (ii) land rights holders of valid identification documents, delegate application, power of Attorney and client identification documents are required, and (iii) evidence of the ownership of land and housing.
In addition to the information prescribed in the preceding paragraph, by the farmers ' application for reclamation, should also provide documentation has a legal and stable home; by the rural collective economic organizations apply for reclamation should also be agreed by the villagers ' Congress shall decide the written materials provided; or unit of State-owned enterprises to apply for reclamation, and written materials shall be issued by the competent authorities agree to reclamation.
11th Township people's Governments and neighborhood offices or district (County) land and resource administration when the receipt of the application, it shall notify the applicant's rights and obligations, reclamation procedures, transaction risk, purchase price allocation policy and other related content.
12th Township people's Governments and neighborhood offices or district (County) land and resource administration shall receive all applications within 15 working days from the date of completion of the review, meet the conditions for reclamation, shall issue a review of written comments does not meet the conditions, and shall state the reasons in writing and return all application materials. Township people's Government, the streets have been approved reclamation applications, to the district (County) land and resource administration declared reclamation project.
Same town (Street) range of households eligible for reclamation reached 50 and above, Township people's Governments and neighborhood offices shall provide the district (County) land and resource administration declared reclamation project.
13th land owner may own or entrusted others to implement in accordance with reclamation reclamation.
Reclamation project land usufruct can apply to financial institutions financing.
14th article construction with to reclamation Hou, formed of agricultural to should meet agricultural production of conditions, land quality should reached following standard: (a) effective soil thickness not below 40 cm, gravel and the rubble content not over 15%; (ii) arable land average table slope not over 15 degrees, Garden not over 25 degrees; (three) production road mastery, irrigation and drainage ditches smooth, and around agricultural to concentrated even tablets; (four) Ridge, and soil Shi Kan structure solid flat.
15th after completion of reclamation projects, district (County) Department of land and resources under reclamation acceptance criteria for programme and project planning and design, organizational level, such as agriculture, water conservancy departments, neighborhood offices and town people's Governments for acceptance. Acceptance, district (County) land and resources departments should organize the Township people's Government, the streets will reclamation projects before and after the information publicity, publicity time not later than 7th.
Public notice period, interested parties have objections, district (County) land and resources departments should, in conjunction with Township people's Governments, neighborhood offices organized within the 7th review public notice period without objection or review the objection removed, by District (County) of construction land use certificate issued by the competent Department of land and resources.
Unqualified acceptance, by the district (County) land and resource administration entrusted the construction land reclamation and land rights of rectification.
16th construction land use certificates shall record the land rights information, added agricultural land area, new land and new reclamation projects, reducing the land area, rural development area, retained the remaining available space, and so on.
Remaining space is to reduce construction land reclamation areas deductions retained area after area of rural development, is the owner of land used for the application of the trading area.
17th after reclamation project land use certificates issued, district (County) land and resources departments should apply to departments of land resources in the city review. Municipal land and resources administration shall organize a random review.
Review of qualified, dispensing of construction land use certificate of ICP; failed to pass the review, issue a written corrective opinions.
18th after obtaining the construction land use certificate of ICP, district (County) land and resources departments should log off and reclaimed land ownership certificate and registration of land-use changes.
19th after land reclamation for cultivation and other agricultural land, land rights were the same.
20th chapter trading transactions include initial transactions and transfers.
After obtaining the construction land use certificate of ICP, the right holder may apply for trading for the first time; buy tickets more than 2 years, or the pledgee to exercise of the right of pledge, the right holder can apply for a transfer.
After the initial transaction or transfer is completed, the municipal land and resources authorities issuing certificates to buy people, and recording rights. 21st of municipal land and resources departments should develop and publish ticket deals lowest price protection.
Trading starting price shall not be lower than the minimum price protection.
22nd transferor apply to transactions the applicant shall submit the following information: (a) the trading application, (ii) documented construction land readjustment of distribution, certificate or certificates; (c) the other documents are needed.
After Chongqing rural land exchange to accept the application, shall immediately apply for acceptance receipt issued by the transferor.
23rd sold area totaled more than 100 hectares and accepting the application, or transferring most long 30th accepting the application, shall, within 5 working days of the Chongqing land exchange announcement on the release.
Exchange based on market supply and demand situation of rural land in Chongqing, after accepting an application for assignment of the application in a timely announcement on the release. 24th Chongqing rural land exchange should be through newspapers, websites and other media announcement on the release to the public of votes and bulletin transactions area, trading hours, trading a starting price, bid bond and the trading rules and other information. Announcement on the vote not less than 7th.
Expiry of the notice can be organized ticket transactions. 25th applicants who can apply separately to buy tickets, or joint application to buy tickets.
For the purchase of should be paid to the Chongqing rural land exchange margin, and submit the following information: (a) applicants documents; (b) for the purchase of valid identity documents; (c) the need to submit additional material.
Shall apply to the purchaser of the Chongqing land exchange provided purchase documentation of application specification. 26th ticket transaction listing or auction.
When the closure of the announcement on the vote, purchase total area than can be traded with a total area of, auction transaction purchase is less than or equal to the total area can trade tickets with a total area of, the tone of trading.
Auction-style trading, auction in a timely manner by the Chongqing rural land exchange time, location, and so informed the purchaser and shall organize the auction. Take the tone of trading according to the trading starting price deal; in the order of announcement, in order to confirm transactions.
No transaction component continues to publicly traded.
After the 27th tickets sold, bought person shall sign a confirmation, and pay fares in the 30th and final value fees.
Purchase is not paid within the time specified in the preceding paragraph of the ticket price, according to abandon bought tickets, have made the deposit is not refundable, and a corresponding number of votes into the next transaction.
Applications that are not purchased tickets the purchaser has paid the deposit shall be returned within 5 business days after the end of trading.
28th to notice the same batch of votes was required for the total transaction price to fares and the transaction to the transaction log.
Notice the same batch of tickets, whose prices are to the application of the transferor of the batch settlement, paid the price basis. 29th article to votes initial trading of, Chongqing rural land trading location fare paragraph in the by provides deduction construction with to reclamation cost Hou of to votes NET, according to following principles paid to right people: (a) rural Homestead and subsidiary facilities with to reclamation of, single households trading total area not over 667 square meters of part, to votes net of 85% return Homestead right people, 15% return rural collective organization; over 667 square meters part corresponds to of to votes net all return rural collective organization.
However, reclamation trading house certificate contains an area of more than 667 square meters, Homestead certificate part contains an area benefits of the 85% people of Homestead, 15% to the rural collective economic organizations, the subsidiary area corresponds to net all the rural collective economic organization.
(B) the rural collective economic organizations, public utilities and other public facilities construction land reclamation, to net all the rural collective economic organization.
(C) other forms of collective construction land reclamation, according to the land and the owner paid, rural collective economic organizations as one of the owners had net income of not less than 15%. (D) the use of State-owned land reclamation, land net income.
Otherwise provided by the municipal people's Government from its provisions.
These measures before the commencement of reclamation signed agreement, but not yet traded, reclamation project, reclamation agreement farmers ' income than provided for in the preceding paragraph, according to the rehabilitation agreements.
Article 30th transfer of votes obtained tickets all belong to the assignor. 31st Chongqing rural land transactions to all transactions and shall be announced in the same batch within 5 working days after the receipt of the purchase price, trading results published in portal and transaction time, deal size, deal price, prices and other information notice to apply for one.
Trading for the first time, should also be publicized reclamation costs for net payment details, and other information, and entrusted the district (County) of reclamation project land and resource administration synchronize village affairs information open bar, where population is concentrated at organizations such as public announcements, public notice period of not less than 7th. Disagrees with the public announcement period, Chongqing rural land exchange review shall, within 7 working days.
Public notice period without objection or objection removed after review, should be publicized expiration or objection within 5 working days after the Elimination of paid fare.
Ticket transfer, Chongqing rural land exchange should fare purchased tickets who paid within 5 working days, close to fares to the assignor.
Article 32nd fare of rural collective economic organizations, in accordance with the relevant provisions of rural collective assets management and management. Fourth chapter use the 33rd new business construction land (including business, tourism, entertainment, housing and land) for farmland procedures should be used.
Other new construction can be used to vote for farmland clearance.
Municipal people's Government according to the socio-economic development, should be used to adjust the type of land. Article 34th in the municipal urban and rural construction land use planning scale increases and the amount of cultivated land targets under the premise of not reducing, tickets in the conditions of land use defined in the General Plan of construction used in the region.
Specific rules used by the Municipal Department of land and resources. 35th since the implementation of these measures has not been supplied operating construction land, belonging to the added construction land use plan indicators used after January 1, 2009 for land clearance, should be supplemented, in the land use.
No supplement use, municipal, district (County) land and resource administration shall not the land.
Article 36th for farmland clearance, do not pay a reclaim fee of cultivated land and land use fees for new construction. Acquisition cost can be included in the land transfer costs.
Acquisition cost includes transaction price and payment of taxes, financial costs, and so on. 37th article of the way to 33rd, 35th, provision of construction land in urban development zone, Chongqing ecological conservation development in Northeast area and the ecological protection and development in Southeast Chongqing area, the implementation of differentiated policies.
Municipal people's Government according to the socio-economic development needs, use the policy adjustments for differences.
Article 38th certificate holder may one time use or a split ticket.
Tickets may be pledged.
When using the ticket, should provide original certificates, city land resources authorities to ticket use information recorded on the certificate.
Recorded in the 39th certificate after using all the ticket area, land and resources administration to be cancelled. Certificate lost, lost, the rights shall be published in the designated media loss, loss statement statement expires on 30th may apply to the issuing authority after replacement.
Replacement certificate should indicate "issued retrospectively".
Fifth chapter legal responsibility 40th article district (autonomous) Government, and township government, and subdistrict offices and land resources, and agricultural, sector and Chongqing rural land exchange violation this approach provides, no due reason not perform this approach provides duties of, by right to organ law ordered its corrected; late not modified or caused serious consequences of, by right to organ on its main head or directly responsibility people law give disposition.
41st article violation this approach provides, related staff in construction with to reclamation, and to votes trading and using in the has following behavior one of of, by right to organ law give disposition: (a) against land right people wishes forced reclamation of; (ii) occupation land right people deserve to votes returns of; (three) reclamation in the fraud, cheat to votes price of; (four) on should using to votes of with to not requirements provides to votes of; (five) has other abuse, and negligence, and commits behavior of.
42nd article to votes trading subject has following behavior of, except law bear corresponding of legal responsibility outside, a years shall not participate in to votes trading activities: (a) fraud or provides false file for trading of; (ii) no due reason not according to requirements signed to votes trading sold confirmed book of; (three) no due reason refused to perform confirmed book provides obligations of; (four) effect fair trade and market management of other behavior. Sixth chapter supplementary articles article 43rd these measures shall take effect on January 1, 2016.