The implementation plan for handling the historical issues of land acquisition and idle land disposal in Hainan Province is based on the unified deployment of the provincial government. In order to take effective measures to properly handle the historical issues of land acquisition and idle land disposal, and implement the provincial governor's *** work report, to maintain social stability, this plan is specially formulated.
1. Work objectives (1) Overall objectives.
It will take three to five years to basically solve the historical problems of land acquisition and idle land disposal in our province.
(2) Work tasks in 2007.
1. Comprehensively clean up the remaining problems of various types of land acquisition and idle land disposal, find out the bottom line, find out the causes of the problems one by one, and establish a province-wide land acquisition database and Vacant land parcel database.
2. Solve more than 50 of the total number of problems left over by land acquisition; among them, those that have strong public reactions and have caused riots or may cause riots must be ensured to be resolved within this year.
3. Resolve more than 30% of the total number of idle land disposal disputes; recover more than 20% of the value of land exchange rights and interests.
(3) Work tasks from 2008 to 2009.
1. Basically solve the problems left over from the history of land acquisition and take measures to further improve the land acquisition system.
2. The total number of idle land disposal disputes resolved has reached more than 70; the total value of land exchange rights and interests recovered has reached more than 60.
(4) Work tasks from 2010 to 2011.
1. Basically resolve disputes over idle land disposal.
2. The collection of land exchange rights and interests documents has been basically completed.
2. Focus and specific content of the work This special work is carried out in two aspects: First, it involves various historical issues left over from land acquisition from 1990 to 2005, including arrears of land acquisition compensation for farmers, land Idle land after expropriation, failure to implement employment and resettlement of the land-expropriated peasant labor force, insecurity of life, and various problems caused by land expropriation implementation; second, various legacy issues involving the disposal of idle land, including *** and farmers and *** and Two major contradictory relationship issues in enterprises.
The specific contents of the cleanup are: (1) Issues left behind by land acquisition.
1. Accounting and payment of compensation fees for expropriating farmers’ collectively owned land.
Mainly check whether the land acquisition compensation standards for specific projects (especially infrastructure) formulated by various cities and counties are in compliance with the provisions of relevant laws and regulations such as the Land Management Law, and whether the land acquisition is calculated in accordance with the land acquisition plan approved in accordance with the law. Various compensation fees, especially whether there are any attempts to lower the standards of land acquisition compensation fees for some key projects in cities and counties; comprehensively clean up the situation of arrears, withholding and misappropriation of land acquisition compensation fees for construction projects that acquired collective land between 1990 and 2005; Whether a time-limited repayment plan has been formulated for land acquisition compensation fees, and repayment is strictly organized according to the plan; whether the behavior of intercepting, misappropriating, and embezzling land acquisition compensation fees has been corrected, and whether the relevant responsible personnel have dealt with it in accordance with disciplines and laws.
2. The employment and resettlement of land-expropriated peasant laborers are not implemented, and their lives are insecure.
Investigate and verify the total number of landless farmers and the per capita cultivated land situation after the land of collective economic organizations was expropriated on a large scale; whether the recruitment and resettlement indicators promised by the local government during land acquisition have been implemented; the resettlement of landless farmers Whether a resettlement plan has been formulated in accordance with national policies, including employment training, social security, and reserved production land.
3. Land acquisition approval status.
Are there any illegal land acquisition practices in *** land acquisition approval at all levels, including various forms of ultra vires approval, land acquisition in pieces and conversion of agricultural land, and private expropriation of farmers’ collective land without legal approval and other behaviors; whether all cities and counties strictly implement the "two announcements and one registration" system of land acquisition announcements, land acquisition compensation and resettlement plan announcements, and land acquisition compensation registration for construction projects that have been approved by the State Council and the Provincial People's Government for land acquisition in accordance with the law.
4. The distribution, use and management of land acquisition compensation fees by village collective economic organizations.
Mainly check whether the compensation fees for land acquisition are included in the village collective finance and implement special management and supervision; whether the village collective finance implements democratic financial management and financial disclosure; whether the various compensation fees for land acquisition paid to the village collective economic organization are in accordance with relevant regulations. Provisions have been made for reasonable distribution between village collectives and farmers, and whether the rights and interests of land-expropriated farmers are protected; whether there are any violations of discipline and law in the management and use of land-expropriation compensation fees received by village collective economic organizations.
(2) Issues remaining in the disposal of idle land.
1. Comprehensively investigate various remaining issues related to the disposal of idle land, focusing on the number, area, current status of the land, and farmers' use and re-cultivation.
Specific content: ① The land use is approved in accordance with the law, but due to various reasons it has not been developed and utilized, and the land is still cultivated by farmers; ② The land is idle after acquisition and transfer, *** has been recovered in accordance with the law, but the land is still owed to farmers ③ The land acquisition has been disposed of within a time limit, changed use, etc. and then idled again; ④ Due to irregular land acquisition operations, lost or incomplete land acquisition archives, there is no evidence for the payment of land acquisition compensation.
2. Issues arising from the disposal of land rights holders ***, ***, administrative reconsideration or judicial litigation, focusing on the number of land parcels, area, land status and objections of land rights holders and The focus of the problem.
Specific content: ① It was originally disposed of in the form of limited-time development, but due to planning restrictions and other *** reasons, it cannot be developed and utilized, resulting in the land continuing to be idle; ② Take it back for free according to the law or by issuing a land exchange rights letter After the disposal, the owner of the land rights is dissatisfied with ***'s disposal and applies for administrative reconsideration or initiates judicial proceedings; ③ The judicial authority decides that the idle land should be transferred, but it does not comply with legal provisions and the transfer procedures cannot be completed, and *** should make a disposal in accordance with the law.
3. The main problems in issuing the land exchange rights letter.
Comprehensively investigate the total value and recycling amount of land exchange rights certificates issued, find out the reasons for the large amount of land exchange rights letters issued but the small amount recycled, and the prominent contradiction between issuance and receipt, as well as the circulation of land exchange rights letters Reasons for poor channels and serious depreciation, and analyze possible consequences.
3. Working mechanism and work measures (1) Strengthen organizational leadership.
In order to carry out special clean-up work, the Provincial Department of Land, Environment and Resources has established a special work leading group, with Director Lin Shiluan as the team leader and Deputy Director Ding Shijiang as the deputy team leader. The office is located in the Department’s Farmland Protection Office. , Land Utilization Department, and establish a work responsibility system to ensure the smooth completion of special inventory tasks.
Each city and county should set up specialized agencies accordingly, formulate work implementation plans based on the actual situation of the city (county), implement the leadership division of labor, and personally handle the tasks of leaders in charge to effectively solve the problems left by land acquisition and idle land disposal.
(2) Strengthen tracking and supervision.
1. The provincial special clean-up leading group will regularly prepare work briefings to reflect the progress of work in various cities and counties, and report the situation to the leaders of the four provincial teams in a timely manner.
2. For key areas and key projects that are seriously in arrears with land acquisition compensation fees for farmers, the Provincial Department of Land, Environment and Resources, together with the supervision, agriculture, auditing and other departments, will take the lead in supervising and recovering the funds.
3. Linked to land use approval and planning indicators.
For cities (counties) that have not completed the task of handling the remaining problems by the time limit, the city (county) will suspend the agricultural land conversion and land expropriation approval for the next year; at the same time, the province’s plans set aside during the year Indicators will no longer be allocated to cities (counties) that have not completed their disposal tasks.
(3) Adhere to the premise of being legal and reasonable, adopt differentiated treatment policies, and properly solve the problems left over from the history of land acquisition.
All cities and counties must properly resolve issues left over from the history of land acquisition in accordance with the relevant national and provincial land management laws and regulations.
1. For the land that does not comply with the overall land use plan and urban planning, cannot be developed and utilized in the near future, and the farming conditions have not been destroyed or the original land acquisition procedures are incomplete, farmers do not receive land acquisition compensation, and the land acquisition has not been actually implemented The original land acquisition agreement should be terminated in accordance with the law and the land should be returned; or the land should be dealt with by signing an agreement with the farmers to allow them to farm temporarily and entrust management.
2. For land that is in line with the overall land use plan and urban planning, but where construction projects cannot be arranged in the near future and the farming conditions have not been damaged, farmers can be organized to resume farming and agree to re-develop the land. Provide appropriate compensation; for farmers who are still in arrears with land acquisition compensation, *** should make a time plan to repay it within a time limit, or return the corresponding area of ??land to the farmers based on the amount of arrears of compensation.
3. For land that is in line with the overall land use plan and urban planning and can be developed and constructed in the near future, if farmers are still in arrears with land acquisition compensation, the local government can pay the arrears of land acquisition compensation on their behalf and improve it. After land use procedures, it will be included in the *** land reserve.
4. Due to the preliminary leveling of various development zones established by cities and counties in the early 1990s, the production land originally reserved for land-expropriated collective economic organizations has been destroyed, and the land has been left idle and abandoned. , local governments should allocate special funds for the repair of farmland water conservancy facilities and create farming conditions; in addition, they should actively guide farmers to make full use of existing land resources, combine regional industrial advantages, and develop efficient agriculture.
(4) Adopt various methods to solve the production and living options of landless farmers.
1. Local governments that have originally promised to recruit and resettle workers but have not fulfilled them for many years due to various reasons should consciously introduce some labor-intensive enterprises with stable profits when arranging projects, and agree on the land use units Priority will be given to recruiting people from the land-expropriated units for employment under the same conditions; at the same time, the recruitment unit shall be coordinated to sign labor contracts with the resettlement personnel. During this period, if the employer terminates the labor contract with the resettlement personnel due to business needs, the employer shall make up for the pension plan in one go expenses and other social insurance expenses (except for the termination of the labor contract due to personal reasons).
2. Establish and improve the employment and training mechanism for land-expropriated farmers: The local government must allocate special funds every year, and the employment department organizes free training for land-lost and unemployed farmers, and strengthens the labor skills training of land-expropriated farmers to improve their skills. The employment competitiveness of land-expropriated farmers; when land-expropriated farmers apply for unemployment registration within the urban overall planning area, public employment service agencies should provide re-employment support in a timely manner.
3. Formulate preferential policies to encourage land-lost farmers to choose their own jobs: Local governments should provide preferential policies to land-lost farmers who are self-employed and self-employed in terms of loans, taxes, sites, etc., especially if the financial sector can Efforts should be made to relax credit conditions, lower loan thresholds, encourage and support landless farmers to develop production, and strive to increase income.
4. Establish a social security system for land-expropriated farmers: All cities and counties must follow the provincial *** "Notice on Providing Employment Training and Social Security for Land-expropriated Farmers" (Qiongfu [2007] No. 20 ) requires that we study and formulate the Implementation Law of Pension Security for Landless Farmers in this city and county, clarify the sources of funds, payment standards and benefits, and establish individual pooling accounts for landless farmers as soon as possible.
(5) Continue to increase efforts to dispose of idle land.
1. All cities (counties) must follow the relevant provisions of the Hainan Provincial People's Congress Standing Committee's "Decision on Accelerating the Disposal of Suspended Construction Projects in Hainan Special Economic Zone" and continue to negotiate with the court for land that has not been disposed of due to judicial seizure. Negotiate and implement resolution as soon as possible.
2. For land that has become idle again after being disposed of by methods such as time-limited development or change of use, cities (counties) must clean up the land one by one and find out the reasons: if it is caused by the land-using unit itself, it should be resolutely taken back; Due to *** planning adjustments, imperfect municipal infrastructure facilities, etc., if the local ***, in addition to implementing the land development conditions as soon as possible in accordance with the terms of the original agreement, negotiates with the land user and agrees to return the land with compensation, An acquisition agreement should be signed with the land user as soon as possible, and after the land acquisition fee is paid, the land will be included in the *** land reserve for unified revitalization and utilization.
(6) Establish an effective mechanism for recycling land exchange rights and interests.
1. Establish a system for recycling land exchange rights letters when land is re-transferred.
The city (county) *** must strictly implement the provisions of Article 10 of the "Hainan Special Economic Zone Interim Law on the Transfer and Recovery of Land Exchange Rights and Interests" (Provincial *** Order No. 199): "Transferee For land recovered by exchanging a land rights letter, 70% of the land transfer fee can be paid in exchange for a land rights letter; for newly acquired construction land, after paying the land expropriation (recovery) fee in the land transfer fee in the form of currency, the remaining The land transfer fee can be paid in exchange for a land rights letter of 70."
2. Incorporate into land use plan management.
Combined with the annual land supply plan indicators, the city (county) *** will be given annual land recovery and land rights exchange quotas.
3. Establish a recycling fund.
The city (county) *** can set up a recovery fund for land exchange rights and interests in accordance with regulations. The recovery fund is extracted from the land transfer income of the city (county) *** in a certain proportion and is specially used for recovery and exchange. Land title deed.
4. Several work requirements (1) Strict accountability: Incorporate the handling of historical issues of land acquisition and idle land into an important part of the performance evaluation and assessment of cities and counties, and conduct annual assessments; long-term arrears in compensation for land acquisition Cities (counties) that cause mass protests or massacres due to expenses will be held responsible for the relevant leaders; those who fail to withdraw the land exchange rights and interests certificates in accordance with Provincial *** Order No. 199 will be ordered to make corrections within a time limit. Those who fail to make corrections within the time limit , give administrative sanctions to the main person in charge and those directly responsible.
(2) It is necessary to ensure financial investment to solve the remaining problems of land acquisition and idle land disposal: First, implement land acquisition compensation and resettlement funds, and all cities and counties must allocate special funds to solve the problems of farmers who are still in arrears. Land acquisition compensation, labor recruitment and resettlement, social security, skills training and other issues.
Second, ensure funds for special work. The city (county) *** must implement funds for special work, and include the required expenses in the financial budget based on the progress of the work and the work tasks of the year, and resolve them.
(3) All cities and counties should take this special cleanup as an opportunity to establish and improve land acquisition management systems in accordance with the requirements of the land acquisition system reform, focusing on improving land acquisition procedures, prohibiting abuse of land acquisition rights and lowering statutory compensation for land acquisition standards, reform the land acquisition compensation method, and establish and improve the social security system for landless farmers in accordance with the principle of "land for social security".
5. Work Arrangement for 2007 According to the unified deployment of the Provincial ***, this work adopts a combination of top-down linkage, self-examination and self-correction, and key supervision.
The special work*** is divided into three stages.
The first stage.
Inventory and thorough investigation (September 6 to October 31).
Each city (county) *** shall conduct a comprehensive investigation and cleanup of the above problems in accordance with the requirements of relevant laws, regulations and policies and the scope of the special cleanup, and understand the total amount, type and distribution of the remaining problems , fill in the survey and statistics form uniformly compiled by the province (issued separately); if the parcel files are lost or incomplete, they should be supplemented and improved; the bottom line should be clearly understood, and investigation and registration should be carried out.
The second stage.
Rectification and processing (November 1st to December 5th).
The people of each city (county) must analyze and study the identified problems, formulate corrective measures and implement handling opinions based on the situation; at the same time, establish and improve rules and regulations based on the causes of the problems to plug loopholes , standardize management.
Issues that farmers and rights holders have strongly complained about should be the focus of processing and rectification.
The third stage.
Annual inspection and acceptance (December 5 to December 31).
Each city (county) will conduct an annual summary of the work on cleaning up and solving the remaining problems of land acquisition and idle land, and submit a summary report to the Provincial Department of Land, Environment and Resources at the end of November.
Based on the cleanup situation of each city (county), the Provincial Department of Land, Environment and Resources will organize a joint inspection team with relevant departments to conduct annual inspections of the work of each city and county.
For cities (counties) that have not completed their tasks, the joint inspection team will make accountability recommendations and report together with the annual inspection results to the provincial government before the end of December.
Hainan Province’s work plan for handling rural land transfer disputes is based on the Hainan Province Mobilization Conference on Handling Historical Issues Leftover from Land Disputes and the “Hainan Provincial People’s Government Office’s Notice on Issuing Hainan Province’s Special Treatment of Prominent Rural Land Issues in the Province” In the spirit of "Notice on the Work Plan" (Qiongfu [2007] No. 77), in order to better implement the Rural Land Contract Law, further improve the rural land contract relationship, and effectively resolve the rural land transfer disputes, we will focus on the rural land contract transfer in our province. We will identify the outstanding problems existing in our work and formulate this work plan.
1. The guiding ideology is guided by Deng Xiaoping Theory and the important thought of "Deng Xiaoping", and is guided by the Scientific Outlook on Development. We resolutely implement the Rural Land Contract Law and fully implement the basic policies of the Party and the country in rural areas. policy, resolutely correct, investigate and resolve rural land contract transfer disputes, protect farmers’ land rights and interests in accordance with the law, ensure that land contracting and land contract management rights transfer are carried out in a standardized and orderly manner, stabilize and improve rural land contract relations in our province, and contribute to our province’s Develop modern agriculture, comprehensively build a moderately prosperous society in rural areas, promote the development of agriculture and rural economy, protect farmers' land rights and interests in accordance with the law, ensure that land contracting and the transfer of land contracting and management rights are carried out in a standardized and orderly manner, stabilize and improve the rural land contracting relationship in our province, and provide our The province develops modern agriculture, comprehensively builds a moderately prosperous society in rural areas, and lays a solid foundation for promoting agricultural and rural economic development and rural social stability.
2. Overall Goal: In three years, we will basically resolve the remaining disputes over rural land contract transfer in our province.
In accordance with the provisions of the Rural Land Contract Law, properly handle the issues left over from the second round of land contracting, especially those caused by the "three faults" of external contracting and transfer (i.e. too long term, too large area, too low land price) To deal with land disputes, we must effectively standardize rural land contracting and transfer behavior, strengthen land contract transfer contracts, contract operation certificates and file management, establish and improve an effective rural land contract transfer management mechanism, and protect the legitimate rights and interests of contracting parties in accordance with the law.
3. Main contents (1) Find out the situation of rural land transfer disputes.
Compare the rural land contract transfer policy and rural land contract laws and regulations to conduct a comprehensive investigation of the remaining issues and outstanding issues since the second round of rural land contracting.
In particular, it is necessary to conduct a comprehensive inventory of disputes caused by non-compliance with legal procedures or "three faults" during the outsourcing and transfer of rural land, and find out the number of disputes, area, current land use status and specific details of the disputes. Cause.
(2) Handle rural land transfer disputes in accordance with the law.
Based on laws, regulations and policies, we will mediate and arbitrate rural land transfer disputes case by case to effectively protect farmers’ land rights and interests.
(3) Improve and standardize the rural land contract transfer management mechanism.
Strengthen the construction of rural land transfer dispute mediation and arbitration teams, establish and improve the inspection system for the implementation of rural land contract policies and laws, and strengthen the archives management of rural land contract.
Implement process procedures, standardized contracts, and organized service management for rural land transfer, and steadily develop the rural land transfer market.
(4) Establish and improve the mediation and arbitration system for land contract and transfer contract disputes.
Properly mediate and handle land contract and transfer disputes, and protect the legitimate rights and interests of the parties concerned in accordance with the law.
(5) Establish and improve the investigation and handling mechanism for cases that infringe on farmers’ land contract management rights.
The agricultural administrative departments and rural business management departments must cooperate with relevant departments to take the form of notification, supervision, inspection, exposure, etc. to intensify investigation and punishment.
4. Basic Principles In handling rural land transfer disputes, three basic principles must be strictly adhered to: (1) Highlight stability and focus on perfection.
Where the second round of land contracting has been improved, we cannot overturn it and start over again to avoid causing new conflicts; where it is not perfect, we must follow the requirements of legal procedures, complete procedures, and delivery of warrants to households. Carry out rectification and standardization work, and effectively stabilize and improve rural land contract relations.
(2) Respect public opinion in various forms.
When dealing with rural land transfer disputes, the wishes of the farmers must be fully respected and the legitimate rights and interests of farmers must be ensured.
To solve the remaining problems, we must adapt measures to local conditions, proceed from the actual conditions of each place, and solve whatever problems there are.
We must respect history, face reality, take various forms, and not apply one size fits all.
(3) Implement responsibilities proactively and steadily.
It is necessary to implement the first-in-command responsibility system for municipal and county party and government leaders to ensure that the settlement of rural land contract transfer disputes is fully completed, to ensure that no new outstanding conflicts arise, and to ensure that rural social stability is not affected.
5. Time Arrangement Within three years, we will basically resolve the disputes left over from the contract transfer of rural land in our province.
The tasks for the three years are: in 2007, comprehensively inspect rural land outsourcing and transfer contracts, focusing on whether there are "three faults" in rural land outsourcing contracts, whether villagers' democratic deliberation procedures are implemented, and whether there are Approval procedures and other issues, find out the base and reasons of disputes, the number of disputes handled this year reached more than 50 of the total number of disputes; the cumulative number of disputes handled in 2008 reached more than 80 of the total number of disputes; in 2009, the province will basically solve the problem Disputes left over from rural land contract transfer.
The work arrangements for 2007 should be combined with the special treatment of outstanding rural land problems.
It is divided into four stages: organizational preparation, self-examination and self-correction, rectification, and annual summary.
(1) Organizational preparation stage (September 2007).
All cities and counties must conscientiously carry out publicity and mobilization work, establish specialized leadership agencies, administrative agencies and work teams, formulate work plans, conduct legal training and business training, and carefully and meticulously complete various preliminary preparations .
(2) Self-examination and self-correction stage (October 2007).
Take cities, counties, towns and villages as units to inspect and sort out the rural land transfer situation and external land contracting situation one by one in accordance with the provisions of the "Rural Land Contract Law" and other laws and regulations. Find out the actual situation of rural land transfer disputes, register them in lists, identify existing problems, and propose specific rectification measures.
(3) Rectification stage (November 2007).
On the basis of a thorough investigation, the problems discovered during the inspection will be rectified according to the relevant provisions of rural land contracting policies and laws.
(4) Annual summary stage (December 2007).
*** *** at all levels must organize inspection and acceptance to ensure the quality of rectification work.
Each city and county *** shall submit a summary report on the inspection and acceptance work in 2007 (including the progress of dispute resolution work, disputes investigated and dealt with, rectification measures taken and results achieved, and problems that still exist in the future. Work plans and priorities, etc.) shall be submitted to the Provincial Department of Agriculture, which shall summarize and report to the Provincial ***.
6. Safeguard Measures (1) Strengthen organizational leadership and clarify work responsibilities.
Governments at all levels should establish a leading group for handling rural land transfer disputes, with the leader in charge of the *** as the team leader, and representatives from relevant departments such as agriculture, forestry, fishery, land, supervision, legal system, government, etc. Department leaders are the main members and are responsible for leading the overall work.
The leading group sets up an office in the agricultural administrative department and is composed of capable personnel drawn from the member units of the leading group. It is specifically responsible for the guidance, supervision, inspection and acceptance of the settlement of rural land transfer disputes.
People’s governments at all levels must effectively put the settlement of rural land transfer disputes on the important work agenda and pay close attention to it. It is necessary to establish a leadership system that the main responsible comrades personally handle, the leaders in charge of the specific tasks, and the leaders of the relevant departments cooperate with each other. The division of labor responsibility system clearly clarifies the responsibilities and division of labor, implements zoning and allocating points, assigns responsibilities and tasks to each person, and concentrates time and energy to handle rural land transfer disputes well.
(2) Issue normative documents based on the actual conditions of our province.
In accordance with rural land contracting laws, regulations and policies, relevant normative documents should be formulated to address the main contradictions existing in rural land transfer in our province, so as to make it clear to deal with rural land transfer disputes, especially the "three faults" issue. basis.
(3) Strict supervision and guidance, and strengthen follow-up supervision.
People’s governments at all levels must establish a supervision and inspection system, and assign departments to guide, supervise, and inspect the work in their respective jurisdictions.
It is necessary to grasp one level at a time and implement it layer by layer.
If the work is not deployed in a timely manner, the work is not in place, the rectification is not serious, and the problem is not solved thoroughly, rectification must be made within a time limit; those who go through the motions and commit fraud in the special governance work must be notified and criticized; those who do not follow orders during the special governance period , who violates the law and infringes upon farmers' land rights and interests without restraint or violation of laws and regulations shall be regarded as violating discipline and shall be ordered