1. Why do we need to register and certify the rural land contractual management right?
(1) It is necessary for the construction of rural market economy system in Socialism with Chinese characteristics to carry out the registration and certification of rural land contractual management right. The foundation of market economy is property right system, and the registration and certification of rural land contractual management right is the basis and premise of establishing a modern rural property right system with clear ownership, clear rights and responsibilities, strict protection and smooth circulation. (2) It is an important measure to find out the basic national conditions. As we all know, household contract begins with joint production contract. At that time, in order to ensure agricultural products such as "enough for national use and enough for collective use", the farmland with the highest yield was generally used as the standard field, and other cultivated land was converted into more than 0.2 or 1.5 actual mu and contracted to farmers accordingly. In this way, the area recorded in the contract file is quite different from that recorded in the second adjustment. The comprehensive registration and certification of rural land ownership is helpful to find out these data accurately and provide reliable basis for macro-decision. (3) Giving farmers real property rights and increasing their property income is an important guarantee. The decision of the Third Plenary Session of the 18th CPC Central Committee clearly requires that farmers be given more property rights, and the right to land contractual management is the most basic, direct and reliable property right. Register and issue certificates in accordance with the requirements of the Property Law, and implement the usufructuary right of rural land contractual management right according to law, so that farmers can increase their property income channels by means of shareholding, mortgage, guarantee and circulation.
2. What is the significance of carrying out the registration and certification of rural land contractual management rights?
(1) is conducive to further stabilizing and improving the rural land contract relationship and promoting the implementation of the Party's basic policies in rural areas. The two-tier management system based on household contract management and the combination of unification and separation is the basis of the party's rural policy. Consolidating the land in contract relationship and further clarifying the plots, areas and spatial positions contracted by ordinary people are conducive to consolidating the Party's rural land contract management system and promoting the implementation of the Party's basic policies in rural areas. (two) to safeguard the legitimate rights and interests of farmers, to mobilize the enthusiasm of farmers for production and operation. Registration and certification of rural land contractual management rights in accordance with the provisions of the Property Law is an important measure to establish a unified real estate registration system in urban and rural areas, which can implement farmers' land property rights and effectively protect farmers' property rights according to law. (3) It is conducive to implementing the Party's policy of strengthening agriculture and benefiting farmers and developing modern agriculture. Defining the land, area and location through confirmation registration is not only conducive to protecting cultivated land and ensuring the food problem of 654.38+0.3 billion people, but also to formulating and implementing a series of policies to strengthen agriculture and benefit farmers, which is more conducive to the state to formulate modern agricultural development plans according to the registration data, introduce policies and measures to promote land circulation, and vigorously develop large farmers, cooperatives and family farms by guiding the standardized land circulation on the basis of adhering to family management. (4) It is conducive to innovating rural social management and promoting rural social stability. After the reform of rural taxes and fees, the dispute over rural land contract management is the most prominent and important factor affecting rural stability. The main reasons are that the original data and information of land contract are not well protected, the contract is not standardized, the area is inaccurate, and the information is asymmetric in the process of circulation. The information management of farmers' contracted data and materials can not only dispel the concern that farmers' circulation will lead to ownership disputes, but also provide the clearest and most original important data for solving land contract management disputes and provide the most effective and solid foundation for solving these contradictions in rural areas.
3. What are the steps to confirm registration and certification?
The registration and certification of rural land ownership involves the vital interests of farmers, and various potential historical contradictions are very complicated. We should take active, prudent and prudent measures to advance gradually, generally in six steps: (1) publicity and launch. It is necessary to publicize the great significance, policy provisions and principles of the registration of ownership by writing letters to farmers, printing operation manuals, convening mobilization meetings of township, village and group cadres and farmers' symposiums. It is necessary to widely mobilize the ideas of grassroots cadres and the masses and mobilize them to actively participate. (2) check and verify. The historical data, the current situation of the plot, the masses' reflections, disputes and other related information and situations should be checked one by one to ensure that the information is complete, the data is true and the situation is accurate, laying a solid foundation for the registration of ownership. (3) Surveying and mapping. Mainly by professional surveying and mapping personnel, organize farmers' representatives to participate in surveying and mapping rural contracted land according to the second round of contracts and warrants, so as to be accurate and true. (4) Posting publicity. The historical data and preliminary surveying and mapping results of the inventory will be publicized to all villagers in an easy-to-understand way in places where villagers concentrate their activities. If there is no objection to the publicity results, it shall be signed and approved by the farmers. If there is any objection, re-check in steps (2) and (3) and post the results again until most farmers sign for approval. If there are still a few objections, the registration confirmation will be suspended. (5) Registration and certification. After publicity, the farmers who have no objection to the contracted land will register and issue certificates according to the prescribed procedures, and the results will be publicized again. After confirming that there is no objection, the warrants will be issued to the contracted farmers. (6) File management. Classify, arrange, comprehensively, systematically and scientifically file the relevant materials at each stage according to the paper and electronic categories, and the competent departments at or above the county level and the archives management departments shall properly keep them respectively, and lay a good foundation for future reference as required.
4. What is the main content of rural land contractual management right certificate registration?
(1) Name and basic information (gender, date of birth) of the rural land contractual management right holder; (two) the name and number of the rural land contractual management right certificate; (3) The term of contracted operation and the start and end dates; (four) the name, location, area and purpose of the collective economic organization contracting rural land; (5) Changes in the contractual management right of rural land; (six) the issuing authority and date of the rural land contractual management right certificate; (seven) other matters that should be indicated.
5. What are the ways to register the contracted management right of rural land?
(1) household contract mode. A, prepare the preliminary data. Collect and sort out contracts, land ledgers, registration books, farmers' information and other materials to form a basic information table for farmers' contracted land registration. Processing the "second survey" or space image data of national territory to form the basic work map for investigation and actual measurement. Family ownership survey. According to the basic working map and the basic information table of farmers' contracted land registration, the ownership of contracted land was investigated on the spot and confirmed by farmers. After the dispute is resolved, the disputed plots shall be registered. C, mapping or marking plots. According to the Technical Specification for Investigation of Rural Contracted Land stipulated in the Pilot Work Rules for Registration of Rural Land Contracted Management Right (Trial) of the Ministry of Agriculture, the contracted land is measured or marked, charted, marked with plot code and area, and a cadastral sketch of the contracted land is formed. D, publicity review. Cadastral sketches shall be publicized in the village after being audited by the village land contractual management right registration working group. Objections raised by farmers in publicity should be verified and revised in time and publicized again. Publicity without objection, signed by farmers to confirm the cadastral map of the contracted land, reported by the village to the township (town), and reported to the county government after summary and check. E, establish a register. The county-level rural land contract management department shall establish a unified format of the land contract management right register. The register of land contractual management rights shall use paper and electronic media. In order to avoid the loss and damage of registration data caused by system failure, remote backup should be carried out. If conditions permit, you should make multiple backups. F. issue a contract management right certificate. According to the contents recorded in the land contractual management right register, the rural land contractual management right certificate is issued. G, data archiving. According to the Opinions of the Ministry of Agriculture and the National Archives Bureau on Strengthening the Management of Rural Land Contract Archives (10), the rural land contract management department of the township (town) collates and registers relevant information and files it.
What needs to be pointed out in particular is that this confirmation registration can directly use the aerial digital color map provided by the land department, and on the basis of this map, hook the map to the household, make a household registration map, and paste it on the issued contract management certificate.
(2) Other contracting methods. Take bidding, auction, public consultation, etc. A, according to the contract of rural "four barren" land, the parties to apply for the registration of land contractual management rights, in accordance with the relevant provisions of the "People's Republic of China (PRC) * * and China rural land contractual management rights certificate management approach" (Ministry of Agriculture Decree No.33) for registration, issued a business license. Overseas enterprises, organizations and individuals leasing rural collective land are not registered for the time being.
Change of registration and cancellation of registration. During the contract period, if the contractual management right of land is changed or lost due to the following circumstances, the registration of change and cancellation shall be handled: First, the ownership of collective land is changed; Second, because the contracted land is requisitioned and occupied according to law, the contracted land or area has changed; Thirdly, the division of land contractual management right is caused by the division of contracted farmers' families; Fourth, due to the transfer and exchange of land contractual management rights; Fifth, the land contractual management right is merged due to marriage and other reasons; Sixth, the contracted land and area are inconsistent with the actual situation; Seventh, the loss of contracted land or the demise of contracted farmers; Eighth, the contracted land is adjusted or recovered by the employer according to law; Nine is other circumstances that need to be changed or cancelled according to law. According to the application of the parties, the township (town) shall report to the county-level rural land contract management department to handle the change and cancellation of registration according to law, and record it in the land contract management right register.
6. How to register the land contractual management right of migrant workers who are not owned by the contractor?
For those who are away from home all the year round, have no entrusted agent and can't be contacted, you can first find out the land contracting situation since the second round of land contracting, reserve the corresponding land according to the four areas and areas registered in the existing contract, and contact the relevant farmers before registering and issuing certificates in accordance with the relevant provisions of this registration. During the retention period, if the farmers concerned are unable to manage themselves without entrusting others to manage them, their land will be temporarily managed by the collective.
The contracted land of farmers who go out to work and do business can be transferred according to law if they don't want to farm, but their contracted management rights are still protected by law. No organization or individual may deprive or restrict the contracting right unless he voluntarily waives the contracting right upon written application. If the contracted land has been recovered or adjusted, it should be returned immediately in principle. If it cannot be returned immediately, it shall be handled properly according to different situations in accordance with relevant regulations. If the contracted land has been transferred by rural organizations to others for cultivation, the rural organizations shall be responsible for direct consultation with the original contracted farmers and the current farmers. If the original contracted farmers agree to continue the circulation, all the proceeds from the circulation shall belong to the original contractor. If negotiation fails, the original contracted land will be returned to the contracted farmers. If the original contracted land has been contracted by rural organizations to other members of the collective organization and can be recovered and returned, it shall be recovered and returned within a time limit. If the return cannot be recovered, the rural organization shall formulate a reasonable economic compensation plan for the original contracted farmers, and after the consent of the original contracted farmers, the rural organization shall be responsible for giving the original contracted farmers economic compensation.
7. What is the basis for the second round of imperfect land contract registration and certification?
"People's Republic of China (PRC) Rural Land Contract Law" stipulates that "the contract shall take effect from the date of establishment, and the contractor shall obtain the right to contract and manage the land from the date when the contract takes effect". Therefore, the registration and certification of ownership confirmation should be based on the land contract.
If a land contract has been signed at the time of the second round of land contract, the second round of land contract shall prevail; If the land contract is not perfect, it shall be re-signed after the contract is signed. The starting and ending time of the supplementary contract should be consistent with the time of the second round of local land contracting.
8. If the measured land area is different from the contract and the original business license, how to fill in the registration book and new license?
It is necessary to strictly implement the laws and policies on rural land contracting in the registration and certification of ownership, and register according to the facts after the measured area is publicized. Fill in the "contracted area of the second round of contracted land" and "actually measured area" in the register (note: the contracted land samples in the register of the Ministry of Agriculture are designed with "contracted area" and "actually measured area", which should be filled in separately regardless of whether the actually measured area and the contracted area are different). If the calculation of the contracted area in the second round is caused by different grades of plots, it shall be indicated in the "contracted land area" column of the "contracted land situation" in the register; For the large discrepancy, it is necessary to review the land cadastral sketch, publicize it in the village and group, and confirm the registration without objection. The operation warrant only fills in the measured area.
9. Where individual contracted land has been adjusted before, how to determine the area of household contracted land? (subject to local policies)
According to "People's Republic of China (PRC) Rural Land Contract Law" and "Guiding Opinions of Shaanxi Provincial Department of Agriculture on Several Specific Issues Concerning the Registration of Rural Land Contracted Management Right", if the contracted land has been adjusted in some places before, it should be settled by the villagers through democratic consultation in accordance with the working principle of respecting history and facing reality without violating laws and regulations. As long as the masses agree that there is no objection, they can register and issue certificates according to the current situation of land contracting under the premise of completing relevant procedures. If the masses have objections, the disputes shall be settled according to legal procedures, and then the registration and certification shall be confirmed.
10. How to register the contracted management right of land when there is a dispute over the ownership of collective land?
There is a land ownership dispute between collective economic organizations or with other organizations. First, the land administrative department shall clarify the land ownership, and then register the contracted management right of the land involved in the case according to relevant procedures. It is difficult to explicitly suspend the registration of land ownership for the time being.
1 1. If the agricultural use of land is changed without approval, how to register the contracted management right of land?
Without the approval of the land and resources department according to law, the contracted land will be converted into homestead building or used for other non-agricultural purposes, and it will still be registered according to the original contracted farmers; If a fixed building is built, the area will not be registered. The act of changing the agricultural use of land without authorization shall be dealt with by the collective economic organization at the land management institution of the Township People's Government according to law.
12. How to register the contracted management right of land after unified planning and consolidation?
Before the registration begins, villagers' groups are encouraged to guide farmers to integrate the subdivided contracted plots, reduce the contracted plots for each household, expand the scale of operation, and then register according to the land integrated in contract relationship. After the contracted land and rural land transfer arranged by unified planning before, the land planned and arranged by the transferee shall be registered after reasonably determining the four ranges of contracted land of relevant farmers according to contract relationship, farmers involved in land consolidation or transfer. In this case, the four boundaries of the contracted land are used for archival records and do not change the established land circulation relationship.
13. how to determine the start and end time of land contracting recorded in the certificate of land contractual management right?
The expiration date of the land contract registered this time should be filled in the expiration date of the second round of land contract, and it will be adjusted after the specific policy of "long-term unchanged" is promulgated. The commencement date is not specified, and it still belongs to the second round of land contracting. As this is a comprehensive registration of land contractual management right, the land contractual management right certificate issued before this registration and the land contractual contract signed will be invalid after this registration. The registration work should strictly implement the technical specifications, the time should obey the task and quality, and the standard should not be lowered to catch up with the progress.
14. How to register the contracted land management rights of married women and adopted men?
Married women and son-in-law should be included in the scope of distribution when they change the contracted land for the new residence; If the new residence has not obtained the contracted land, the contracted land of the original residence shall not be recovered. If the contracted land has been allocated to the new residence, the villagers' group has the obligation to inform the villagers' group of the original residence that the original residence will no longer retain its contracted land.
15. Are active servicemen, students from colleges and universities, prisoners, staff of state organs and state-owned enterprises and institutions registered for confirmation? (subject to local policies)
According to Article 9 of the Measures for Implementing the Rural Land Contract Law of People's Republic of China (PRC) in Shaanxi Province: "During the contract period, the collective economic organization reserves the right to contract the land for the following personnel of the collective economic organization: (1) The contractor's family moved to a small town and refused to give up the right to operate the land; (2) Active duty conscripts and non-commissioned officers of the China People's Liberation Army and the Armed Police Force who meet the relevant provisions of the state; (3) Students from institutions of higher learning and secondary specialized schools; (4) prisoners. " Therefore, as long as the original account is in the village, the above-mentioned personnel must confirm the registration.
State organs, staff of state-owned enterprises and institutions, and non-commissioned officers who have reached the age limit for enlistment have obtained contracted land, and they will not be retained in accordance with the provisions of the Measures for the Implementation of the Rural Land Contract Law in Shaanxi Province. College students who reserve the contracted land can apply for ownership registration; If the contracted land of college students is not reserved, it will not be re-applied at the time of registration. College students who have not settled in villagers' groups for more than three years after graduation and have not returned to their original places to engage in agricultural production may not be included in the scope of registration. The above situation can be transferred to other unsigned family members.
16. Why did the whole family move into a small town but the hukou was still in the countryside?
Those who settled in this city and withdrew from the contracted land before July 20 10/0 will not be included in the registration scope of the contracted land management right. Farmers who withdraw from contracted land and receive economic compensation according to the relevant provisions of our province will no longer be included in the registration scope of land contractual management rights after they settle in cities. Those who have settled in small towns and still retain contracted land shall be registered in accordance with the provisions of the rural land contract law; If the whole family moves into a city divided into districts, they will no longer register the contracted land management right and recover the contracted land according to law.