Current location - Quotes Website - Signature design - Is it legal to buy and sell land in the village if everyone signs it?
Is it legal to buy and sell land in the village if everyone signs it?

Hello! Land sales in the village do not become legal if everyone signs. First of all, it depends on whether the land is within the scope of basic farmland prescribed by the state. If it is basic farmland, the use cannot be changed. The relevant concepts of basic farmland are as follows:

1. What is cultivated land?

According to the provisions of the "Land Management Law" and the "Land Classification" promulgated by the Ministry of Land and Resources, cultivated land refers to the land for growing crops, including cultivated land, newly developed and reclaimed land, fallow land, and rotating land , grassland rotation land; land mainly planted with crops, with scattered fruit trees, mulberry trees or other trees; reclaimed tidal flats and tidal flats that can guarantee one harvest per year on average. Cultivated land also includes ditches, ditches, roads and field ridges that are less than one meter wide in the south and less than two meters wide in the north. Cultivated land can be divided into five types: ① Irrigated paddy fields, which have guaranteed water sources and irrigation facilities, can be irrigated normally in normal years, and are used to grow aquatic crops, including irrigated paddy and dry rotation land; ② Wangtiantian, which refers to fields without Irrigation facilities mainly rely on natural rainfall and are used to grow aquatic crops, including paddy and drought rotation land without irrigation facilities; ③ Irrigated land refers to other than paddy fields and vegetable fields, with guaranteed water sources and irrigation facilities, which can be used in normal years Normally irrigated cultivated land; ④ Dry land refers to cultivated land without irrigation facilities and relies on natural precipitation to grow dry crops, including cultivated land without irrigation facilities and only relies on flood diversion for irrigation; ⑤ Vegetable land refers to cultivated land that mainly grows vegetables all year round. Including greenhouse land.

2. What is agricultural land?

According to the provisions of the "Land Management Law" and the "Land Classification" promulgated by the Ministry of Land and Resources, agricultural land refers to land used for agricultural production, including cultivated land, garden land, forest land, pasture land and other agricultural land. . Agricultural land is divided into the following five types: cultivated land; garden land; forest land; pasture land; and other agricultural land.

3. What is basic farmland?

Basic farmland refers to the cultivated land that must not be occupied according to the demand for agricultural products due to population and socio-economic development in a certain period and based on the overall land use plan. Basic farmland is part of the cultivated land, and it is mainly the part of cultivated land with high yield and high quality. Generally speaking, the cultivated land included in the basic farmland protection zone is basic farmland. Common people call basic farmland "field to eat" and "field to protect life".

4. What is the basic farmland protection area?

It refers to the specific protection area that implements special protection for basic farmland and is determined in accordance with the overall land use plan and in accordance with legal procedures.

5. What is agricultural land conversion?

Agricultural land conversion refers to the act of converting agricultural land determined by land use status survey into construction land after submitting for approval in accordance with the overall land use plan, annual land use plan and the approval authority stipulated by the state. The conversion of agricultural land is also called the conversion of agricultural land to construction land.

The conversion of unused land into construction land and the conversion within agricultural land do not fall within the scope of agricultural land conversion.

6. State Council Document No. 28 regarding the protection of basic farmland (Guofa [2004] No. 28)

Strictly protect basic farmland. Basic farmland is the basis for ensuring national food security. When revising the overall land use plan, it is necessary to ensure that the total amount of existing basic farmland is not reduced and the quality is not degraded. Basic farmland must be assigned to plots and farmers, and shall be noted in the land ownership certificate and rural land contract management right certificate. The filing of basic farmland protection maps should be completed within three months after the revision of the new round of land use master plan. Once basic farmland is designated, no unit or individual may occupy it without authorization or change its use without authorization. This is an insurmountable "red line." If the legal conditions are met and the basic farmland needs to be changed and occupied, it must be reported to the State Council for approval; if the basic farmland is occupied with approval, the land acquisition compensation shall be based on the highest legal standard. For those who replenish cultivated land by paying farmland reclamation fees, the payment standard shall be based on the highest local standard. implement.

It is prohibited to occupy basic farmland to dig fish ponds, plant trees and other activities that damage the cultivated layer. It is prohibited to occupy basic farmland in disguised form of real estate development in the name of building "modern agricultural parks" or "facility agriculture".

If the land falls within the scope stipulated by the state that no sale or change of use is allowed, it will be invalid even if the whole village signs it. Thanks for reading!