Our reporter Huang Xiaofang
Recently, the State Council announced the newly revised "Regulations for the Implementation of the Land Administration Law", which will come into force on September 1.
This is an important detailed plan and operation guide for the "Land Management Law" newly revised two years ago.
What are the highlights of reforms and policy changes?
What impact will it have on my country's next land system reform?
The new implementing regulations stipulate that the conversion of cultivated land to non-cultivated land shall be strictly controlled.
This is the first time that the responsible body of cultivated land protection has been clarified from the level of administrative regulations
In recent years, many cities in our country have grown up like a pancake.
Among them, land managers have to think about how to turn good agricultural land into construction land.
To this end, the previous 1998 "Land Management Law" and the "Land Management Law Implementation Regulations" both turned the control of agricultural land into construction land as the focus of land use control.
Wei Lihua, Director of the Department of Laws and Regulations of the Ministry of Natural Resources, said that at the same time, the original regulations lacked institutional constraints on the conversion of agricultural land, which led to a large number of phenomena such as the conversion of cultivated land into forest land, grassland, and garden land in practice, which seriously affected the country. Food security.
For this reason, the new implementing regulations stipulate that the state shall implement special protection of cultivated land.
Strictly control the conversion of cultivated land into forest land, grassland, garden land and other agricultural land.
Cultivated land should be used first for the production of grain and agricultural products such as cotton, oil, sugar, and vegetables.
Experts said that due to economic benefits, the problem of "non-agriculturalization" and "non-grainization" of cultivated land has become more prominent in recent years. This move will further clarify the institutional boundaries and strengthen legal responsibilities.
The regulations stipulate that the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the protection of cultivated land in their respective administrative regions, and the State Council shall assess the implementation of their cultivated land protection responsibility objectives.
Wei Lihua said that this is the first time that the responsible body of cultivated land protection has been clarified from the level of administrative regulations. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for cultivated land protection in their respective administrative regions.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall decompose and assign the tasks of protecting cultivated land and permanent basic farmland as determined by the State Council and assign them to plots.
The regulations also established a compensation system for farmland protection and stipulated that the state establish a compensation system for farmland protection.
The specific methods and implementation steps of the cultivated land protection and compensation system are stipulated by the natural resources department in conjunction with relevant departments. At the same time, penalties for illegal acts such as damage to cultivated land and refusal to perform land reclamation obligations have been increased, and the “non-graining” of cultivated land has been increased. Penalty provisions.
my country’s land requisition system reform is continuously refined at the implementation level, and more attention is paid to the protection of farmers’ rights and interests at the implementation level
The regulations provide detailed regulations on the land expropriation procedures stipulated in the Land Administration Law, requiring the municipal and county people's governments to issue land expropriation pre-announcements and carry out land surveys if they need to initiate land expropriation in accordance with the public interest stipulated by the Land Administration Law. And social stability risk assessment.
At the same time, the organization is required to organize the preparation of land acquisition compensation and resettlement plans, and conduct announcements and hearings, and sign land acquisition compensation and resettlement agreements. For individuals who have difficulty reaching land acquisition and resettlement agreements, truthfully explain when applying for land acquisition, and publish land acquisition announcements after land acquisition is approved in accordance with the law.
Experts said that this shows that my country's land acquisition system reform is continuously refined at the implementation level, and more attention is paid to the protection of farmers' rights and interests at the implementation level.
Previously, my country’s Constitution and the Land Administration Law stipulated that the country can requisition land for public interest, but there is no clear legal provision on what is public interest. There are frequent cases where a large proportion of the land requisitioned is used for commercial development in some places.
The newly revised Land Administration Law in 2019 clearly defined the public interest of land expropriation for the first time, and at the same time, for the first time clarified that the basic principle of land expropriation compensation is to ensure that the original living standards of land-expropriated farmers are not reduced, and long-term livelihoods are guaranteed. Substituting the comprehensive land price for the area to replace the original annual land output value multiple method to compensate villagers, and increase rural villagers’ housing compensation and social security fees.
Wei Lihua said that the regulations have detailed this and require local governments to implement land compensation fees and other related fees to ensure that they are in place in full and earmarked for special purposes. If the relevant fees are not in place, they shall not approve the acquisition of land.
The rights of knowledge, participation and supervision of land-expropriated farmers have also been further protected.
The regulations clearly take social stability risk assessment as an important basis for applying for land acquisition, and require that the rural collective economic organization and its members, village committees, and other stakeholders participate in the land-expropriated rural collective economic organization; If the members of the organization believe that the proposed expropriation compensation and resettlement plan does not comply with the laws and regulations, the local people's government at or above the county level shall organize a hearing.
Local forced circulation and illegal recovery of homesteads are prohibited.
Clarify the market entry and transaction rules for rural collective operating construction land
The regulations require that farmers' reasonable demand for homesteads are guaranteed.
Local people's governments at or above the county level are required to arrange construction land quotas in accordance with national regulations to reasonably guarantee the needs of farmers’ homesteads in their administrative regions.
Land and space planning and village planning should scientifically delimit the scope of homesteads.
At the same time, it is stipulated that the homesteads that farmers voluntarily withdraw in accordance with the law should be used first to protect the homestead needs of the members of the rural collective economic organization.
In response to the infringement of the legal rights and interests of rural villagers’ homesteads in some places in the combined villages, the regulations prohibit forced transfer of homesteads against the will of rural villagers, prohibit illegal recovery of homesteads obtained by rural villagers in accordance with the law, and prohibit the use of exiting homesteads. The conditions for rural villagers to settle in cities are forbidden to force rural villagers to relocate and withdraw from their homesteads.
In the implementation regulations issued this time, the entry of rural collective operating construction land into the market has also attracted much attention.
The core of the reform is to break the dual system that has not been able to directly enter the market for rural land for many years, and to remove institutional obstacles to the integrated development of urban and rural areas.
Wei Lihua said that the regulations further clarify the rules for the market entry and transaction of collectively-operated construction land, requiring national land and space planning to rationally arrange the layout and use of collectively-operated construction land, and promote the economical and intensive use of collectively-operated construction land.
At the same time, it clarified the requirements for the compilation and review of collective management land transfer and leasing plans.
For the re-transfer of collective operating construction land acquired through transfer, a written contract shall also be signed and the land owner shall be notified.
The regulations also optimize the approval system for agricultural conversion, requiring the municipal and county people's governments to organize natural resources and other departments to formulate agricultural land conversion plans and submit them to the people's government that has the right to approve for approval. The current regulations "level by level" reporting and approval requirements are deleted. , While simplifying the approval materials.