Article 1 In order to implement the Land Administration Law of the People's Republic of China and the Regulations for the Implementation of the Land Administration Law of the People's Republic of China, these Measures are formulated in light of the actual situation of this Municipality.
Article 2 The people's governments at all levels in this Municipality shall maintain the public ownership of land, implement the basic national policy of cherishing and rationally utilizing every inch of land and effectively protecting cultivated land, strengthen management, comprehensively plan, protect and develop land resources, and stop the indiscriminate occupation and abuse of cultivated land.
Article 3 The Municipal Bureau of Land Management is in charge of the unified management of land in the whole city, and is responsible for formulating policies and regulations, managing land resources, formulating land use plans, plans and land reserve resources development plans, reviewing the scope and quantity of land requisitioned, and implementing land supervision. City real estate management bureau according to the unified provisions and requirements of the city's land management, the development and use of urban construction land management.
The district and county land management bureaus are responsible for the unified management of the land in the district and county, and the district and county real estate management bureaus manage the urban construction land that has been developed and utilized in the district and county.
The township (town) people's government is responsible for the land management within its administrative area, and is equipped with full-time or part-time land management personnel as needed.
Fourth units and individuals that have made outstanding achievements in the protection and development of land resources, rational use of land and relevant scientific research shall be commended and rewarded by the municipal, district and county people's governments.
Chapter II Ownership and Use Right of Land
Article 5 The determination of land ownership and use right shall be implemented in accordance with the Land Administration Law of the People's Republic of China.
The ownership and use right of land shall be protected by law, and no unit or individual may infringe upon it.
It is forbidden to occupy, buy or sell or illegally transfer land in other forms.
Sixth state-owned land and collectively owned land use rights can be transferred according to law, and the specific measures shall be formulated by the Municipal People's Government in accordance with the relevant provisions of the State Council.
The state-owned land shall be used with compensation according to law, and the specific measures shall be formulated by the Municipal People's Government in accordance with the relevant provisions of the State Council.
Article 7 Where state-owned land is determined to be used by units or individuals according to law, it shall be registered by the municipal or district/county people's government, and the state-owned land use certificate shall be issued to confirm the right to use it.
Collectively owned land shall be registered by the district or county people's governments, and collective land ownership certificates shall be issued to confirm ownership.
Township (town) village enterprises, public facilities, public welfare undertakings, farmers' houses and other non-agricultural construction, the use of collectively owned land, by the district and county people's government issued a certificate.
Article 8 Where the land ownership and use right are changed according to law, or the land use right is transferred due to the sale or transfer of buildings and attachments on the ground according to law, it shall apply to the administrative organ as stipulated in Article 3 of these Measures for the registration of the change of land ownership and use right, and the local people's government at or above the county level shall issue a new certificate.
Article 9 Units and individuals that contract state-owned land and collectively-owned land for agricultural, forestry, animal husbandry and fishery production shall rationally utilize and protect the land in accordance with the contract.
The right to contracted management of land is protected by law.
Article 10 Disputes over land ownership and use rights shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the people's government.
Disputes over the ownership or use right of land between units under ownership by the whole people, between units under collective ownership, and between units under ownership by the whole people and units under collective ownership shall be handled by the district or county people's government where the land is located; Cross regional and county, handled by the Municipal People's government.
Disputes over land use rights between individuals, between individuals and units under ownership by the whole people and units under collective ownership shall be handled by the township (town) people's government or the district or county people's government where the land is located; Cross township (town) shall be handled by the district and county people's governments.
If a party refuses to accept the decision, he may bring a suit in a people's court within 30 days from the date of receiving the notice of decision.
Before the dispute over land ownership and use right is settled, neither party may change the status quo of the land or destroy the attachments on the land.
Chapter III Utilization and Protection of Land
Eleventh according to the national land survey system, the Municipal Bureau of Land Management in conjunction with the relevant departments to develop the city's land survey plan, submitted to the Municipal People's government for approval before implementation.
Land survey, statistics, monitoring, grading, registration, establishment of cadastral files and other cadastral management work by the city, district and county land management bureau is responsible for; Cadastral management of urban construction land that has been developed and utilized shall be handled by the Real Estate Administration Bureau.
Article 12 The municipal, district and county land management bureaus shall, jointly with relevant departments, work out an overall plan for land use in accordance with the overall plan for urban construction in Beijing, and report it to the people's government at the same level for examination and approval after comprehensive balance by the planning department at the same level, and report it to the people's government at the next higher level for approval and implementation.
The overall land use planning of a township (town) shall be compiled by the township (town) people's government and implemented after being reported to the district or county people's government for approval.
The revision of the approved overall land use plan must be approved by the original approving authority.
Thirteenth kinds of non-agricultural construction land to implement planned management. The Municipal Bureau of Land Management shall, according to the national plan, compile the planned control indicators of this Municipality and report them to the Municipal People's Government for approval before implementation. Shall not exceed the planned control index.
Fourteenth people's governments at all levels in this Municipality shall give priority to the protection of vegetable fields, grain production bases and production bases of famous, special and excellent agricultural products. Except for special circumstances approved by the Municipal People's government, it shall not be occupied.
Fifteenth it is forbidden to dump garbage, muck and other wastes into cultivated land; It is forbidden to build graves on cultivated land and to destroy land resources without authorization, such as mining, quarrying, sand digging and soil borrowing.
Sixteenth strictly control the occupation of cultivated land and forest land to build a new brick kiln factory. The existing brick and tile kiln factory shall not expand the original approved land use scope without approval.
Users must be responsible for the reclamation and restoration of land that can be reclaimed after kiln burning, sand digging, quarrying and mining.
Seventeenth strictly control the occupation of cultivated land to plant fruit trees and build fish ponds. It is really necessary to occupy cultivated land, less than 20 mu, with the consent of the district and county agricultural authorities, and report to the district and county land management bureau for approval; More than 20 acres, with the consent of the municipal administrative department of agriculture, approved by the Municipal Bureau of land management.
Eighteenth the use of state-owned land, one of the following circumstances, according to the provisions of article third of the management authority approved by the people's government at the same level, to recover the land use rights, cancellation of land use permits:
(a) the land unit has been revoked or moved;
(two) without the consent of the original approval authority, it has not been used for two consecutive years;
(three) not according to the approved use;
(4) Roads, railways, airports and mines are scrapped upon approval.
To recover the land use right, it shall notify the urban planning administration organ.
Collectively owned land used for non-agricultural construction, which is no longer used or has not been used for two consecutive years, shall be recovered by rural collective economic organizations.
Nineteenth approved requisition of cultivated land and other profitable rural land, the construction unit does not build for more than one year without justifiable reasons, resulting in barren land, the district and county land management bureau in accordance with the annual output value of similar land five times the collection of land barren fees.
Twentieth units under ownership by the whole people and units under collective ownership are encouraged to develop barren hills, wasteland and wasteland and engage in agriculture, forestry, animal husbandry, fishing and sideline production. Land reclamation should pay attention to protecting the ecological environment and preventing soil erosion.
Development of state-owned barren hills, wasteland, wasteland, less than 100 mu, reported to the district and county land management bureau for approval; More than 100 mu, audited by the Municipal Bureau of Land Management, approved by the Municipal People's government.
Where rural collectives or individuals develop collectively owned barren hills, wasteland and wasteland for agricultural, forestry, animal husbandry and fishery production, the developers shall sign development contracts with rural collective economic organizations and report to the district and county land management bureaus for the record.
Chapter IV Land for National Construction
Article 21 In carrying out economic construction, cultural construction, national defense construction and social public utilities construction, the state shall economize and make rational use of land. If it is necessary to requisition collectively owned land or use state-owned land, and urban collectively owned units need to use land for construction, it shall be handled in accordance with the provisions of this chapter.
Twenty-second national construction needs to requisition collectively owned land or use state-owned land, and the opinions of the Land Administration Bureau must be attached when the design task book of the construction project is submitted for approval.
Twenty-third national construction expropriation of collectively owned land, according to the following procedures:
(a) the construction unit holds the approved design task book or preliminary design, annual capital construction plan and other relevant documents and the construction land planning permit issued by the urban planning management authority, and applies for construction land to the municipal or district/county land management bureau according to the examination and approval authority;
(two) the application for land acquisition shall be approved by the municipal or district/county people's government in accordance with the statutory examination and approval authority, and the approval letter for construction land shall be issued, and the land management bureau shall allocate construction land in one lump sum or by stages according to the construction progress;
(three) after the completion of the construction project, the urban planning administrative organ shall, jointly with the Land Administration Bureau and the Real Estate Administration Bureau, verify the actual land use situation in accordance with the provisions of these Measures and issue the state-owned land use certificate.
Twenty-fourth national construction expropriation of collectively owned land examination and approval authority:
(a) the expropriation of arable land 1000 mu or more and other land of 2000 mu or more shall be audited by the Municipal People's Government and reported to the State Council for approval;
(two) the requisition of arable land is less than 1000 mu, and other land is more than 10 mu and less than 2000 mu, which shall be approved by the Municipal People's Government;
(three) the requisition of other land is less than 10 mu, which shall be approved by the district and county people's governments and reported to the Municipal Bureau of Land Management for the record.
Article 25 If it is really necessary to increase the temporary use of rural land due to engineering construction, the construction unit shall first apply to the urban planning administrative organ for designated use, and after examination and approval, apply to the Bureau of Land Management for the quantity and duration of temporary use of land. After approval, a temporary land use agreement shall be signed with the rural collective economic organizations, and compensation shall be made year by year according to the average annual output value of the land in the first three years. No permanent buildings shall be built on temporary land. Upon expiration of the term of use, the construction unit shall restore the production conditions of the land and return it in time.
Temporary use of land due to erection of above-ground lines, underground pipelines, construction of other underground projects and geological exploration shall be handled in accordance with the provisions of the preceding paragraph.
Twenty-sixth expropriation of collectively owned land, land units shall pay land compensation fees to the land-expropriated units in accordance with the following provisions:
(a) the expropriation of cultivated land, vegetable fields, fish ponds, lotus ponds, orchards and nurseries shall be compensated according to the standard of 6 times the average annual output value of the land in the three years before the expropriation;
(two) the expropriation of reed ponds, forest land, sand and gravel land and other profitable land shall be compensated according to the standard of 5 times the average annual output value of the land in the three years before the expropriation;
(three) the expropriation of homestead, manure field and storage yard shall be compensated according to the standard of 5 times the average annual output value of the land in the first three years.
Compensation standards for attachments and young crops on expropriated land shall be implemented in accordance with the provisions of the Municipal People's Government.
Requisition of vegetable fields and basic grain fields designated by the Municipal People's Government shall pay new vegetable fields or basic grain fields development and construction funds in accordance with the relevant provisions of this Municipality.
Twenty-seventh expropriation of collectively owned land, land units shall pay resettlement subsidies to the land-expropriated units according to the number of agricultural population to be resettled. The resettlement subsidy standard for each agricultural population in need of resettlement is three times the average annual output value per mu in the three years before the land is expropriated. However, the resettlement subsidy per mu of expropriated land shall not exceed 10 times of the average annual output value of the three years before expropriation.
Article 28 In accordance with the provisions of Articles 26 and 27 of these Measures, if the land compensation fee and resettlement subsidy can't make the farmers who need resettlement maintain their original living standards, the resettlement subsidy can be increased with the approval of the Municipal People's Government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 20 times of the average annual output value in the three years before land acquisition.
Article 29. Under the leadership of the municipal, district and county people's governments, the land management bureau at the same level shall organize the land-expropriated units, land-using units and relevant units to resettle the surplus labor force generated by land requisition for national construction through the development of agricultural and sideline industries and the establishment of township (town) village enterprises. If the resettlement cannot be completed, qualified personnel can be arranged to work in land-using units or other units under collective ownership or units under ownership by the whole people, and the corresponding resettlement subsidies will be transferred to units that absorb labor.
If all the land of the land-expropriated unit is expropriated, the original agricultural registered permanent residence can be converted to non-agricultural registered permanent residence upon the examination and approval of the Municipal People's Government. The compensation fees and resettlement subsidies obtained from the property originally owned by the collective shall be handled by the district and county people's governments and the relevant townships (towns) and villages through consultation, and shall be used to organize production and provide living allowances for those who are unable to find employment, and shall not be shared privately.
Public security, labor, food, civil affairs and other relevant departments shall, in accordance with their respective responsibilities, do a good job in the employment and resettlement of transfer households and labor.
Thirtieth land units in accordance with the provisions of these measures to pay compensation fees and subsidies to the expropriated land units, assessed by the district and county land management bureau, reported to the Municipal Bureau of Land Management for approval, and allocated by the bank supervision.
The land-expropriated unit shall not put forward other additional conditions other than the compensation fees and subsidies stipulated in these Measures to the land-using unit.
Article 31 Where the state uses state-owned barren hills, wasteland and state-owned land used by other units for construction, it shall apply to the administrative organ as stipulated in Article 3 of these Measures, and allocate the land after approval in accordance with the procedures and examination and approval authority for land requisition for state construction.
Thirty-second enterprises owned by the whole people, urban collective-owned enterprises and joint ventures invested by rural collective economic organizations need to use collectively-owned land, which shall be handled in accordance with the provisions of Articles 23 and 24 of these Measures. The land approved for use may be requisitioned in accordance with the relevant state regulations on land requisition for construction, or the rural collective economic organizations may use the land use right as a joint venture condition in accordance with the agreement.
The fifth chapter township (town) village construction land
Thirty-third township (town) village construction land, should implement the approved township (town) village construction plan, obtain the construction land planning permit issued by the city planning authority, and handle it in accordance with the provisions of this chapter.
Thirty-fourth township (town) village enterprises, public facilities, public welfare undertakings construction land handling procedures:
(a) the construction unit holds the design task book or other approval documents approved by the district or county people's government, and applies to the district or county land management bureau;
(two) the district and county land management bureau shall, in accordance with the examination and approval authority, report to the people's government at the same level or the Municipal People's government for approval, and allocate land after issuing the approval letter for construction land;
(three) after the completion of the construction project, the urban planning administrative organ shall, in conjunction with the Bureau of Land Management, check the actual land use and go through the land registration procedures.
Thirty-fifth township (town) village enterprises, public facilities and public welfare undertakings occupy less than 2 mu of cultivated land and other land 10 mu, which shall be approved by the district and county people's governments and reported to the Municipal Bureau of Land Management for the record. Those exceeding this limit shall be approved by the Municipal People's government.
Thirty-sixth township (town) enterprises use the land collectively owned by village farmers, and compensate them according to the average annual output value of the occupied land in the first three years.
Township (town) public facilities and public welfare undertakings occupy land collectively owned by village farmers, which can be compensated by twice the average annual output value of the occupied land in the first three years.
Those who occupy vegetable fields and basic grain fields shall pay the development and construction fund for new vegetable fields and basic grain fields.
Thirty-seventh township (town) village enterprises, public facilities and public welfare undertakings need to temporarily occupy land, the construction unit shall sign a compensation agreement with the land occupation unit, and report to the district and county land management bureau for approval.
Permanent buildings shall not be built on temporary land, and the production conditions shall be restored and returned in time after the expiration of the use period.
Thirty-eighth rural households engaged in production and business activities need land for construction, they should make full use of the homestead. If it is really necessary to use collective land for large-scale production, I shall apply for land use, and with the consent of the local villagers' representative meeting or rural collective economic organizations, it shall be handled in accordance with the provisions of Articles 34, 35 and 36 of these Measures.
Rural specialized households that have been approved to use land shall sign agreements with rural collective economic organizations or villagers' committees on land use period, land compensation and the treatment of attachments on the ground.
Thirty-ninth rural villagers to build new houses, should be arranged on the original homestead, the original homestead can not be arranged, should make full use of the village homestead or other land, strictly control the occupation of cultivated land.
Children of rural villagers who have reached the legal age of marriage, have no room to live apart, and the existing homestead cannot be expanded, can apply for homestead.
Fortieth rural villagers' homestead standard is not more than 0.25 mu per household in the near and far suburbs where there are many people and few people, and not more than 0.3 mu per household in other areas. Specific standards shall be formulated by the district and county people's governments.
If the original homestead exceeds the prescribed standard, the excess shall be gradually adjusted according to the township (town) village construction plan.
Forty-first rural villagers using cultivated land to build houses must be discussed and approved by the villagers' representative meeting or villagers' assembly, reviewed by the township (town) people's government, audited by the district and county land management bureaus, and reported to the district and county people's governments for approval; The use of other land shall be approved by the township (town) people's government and reported to the district and county land management bureau for the record.
The application for homestead after the sale or rental of houses shall not be approved.
Forty-second prohibit the use of collectively owned land for the development and operation of land and commercial housing.
Chapter VI Legal Liability
Forty-third occupation of cultivated land to build graves, dumping waste or unauthorized excavation of sand, earth, quarrying, mining and other destruction of land resources, the deadline to restore the landscape, and impose a fine.
Article 44. Those who occupy cultivated land or forest land without approval to build new brick kilns or expand the scope of brick kilns originally approved without authorization shall be ordered to stop production, restore the original appearance of illegally occupied land within a time limit and be fined.
Forty-fifth unauthorized occupation of cultivated land to plant fruit trees and build fish ponds shall restore the landform within a time limit and may be fined.
Forty-sixth units owned by the whole people, urban collective ownership units and township (town) village enterprises illegally occupy land without approval or by deception, shall be ordered to return the illegally occupied land, dismantle or confiscate the newly built buildings and other facilities on the illegally occupied land within a time limit, and concurrently impose a fine. The person in charge of an illegal land occupation unit shall be given administrative sanctions by his unit or higher authorities.
If the amount of land occupied exceeds the approved amount, it shall be treated as illegal occupation of land.
Forty-seventh rural villagers and urban residents who illegally occupy land to build houses without approval or by deception shall be ordered to return the illegally occupied land and dismantle or confiscate the newly built houses on the illegally occupied land within a time limit.
State functionaries who use their powers to illegally occupy land for building houses shall be punished in accordance with the provisions of the preceding paragraph, and shall be given administrative sanctions by their units or higher authorities.
Forty-eighth without approval or approval by deception, illegal occupation of land for other construction, demolition or confiscation of new buildings and other facilities on the illegally occupied land within a time limit, and ordered to return the illegally occupied land.
Article 49 Where land is occupied without approval or ultra vires approval, the approval document shall be invalid. The person in charge of a unit or individual who illegally approves the occupation of land shall be given administrative sanctions by his unit or higher authorities; If bribery constitutes a crime, criminal responsibility shall be investigated according to law. Illegal occupation of land shall be treated as illegal occupation of land.
Article 50 Whoever buys, sells or illegally transfers land by other means shall confiscate his illegal income, dismantle or confiscate new buildings and other facilities built on the land bought, sold or illegally transferred by other means within a time limit, and may impose a fine on the party concerned. The responsible personnel shall be given administrative sanctions by their units or higher authorities.
Fifty-first higher authorities or other units that illegally occupy the compensation fees and resettlement subsidies of the land-expropriated units shall be ordered to make restitution and may also be fined. The responsible person shall be given administrative sanctions by his unit or higher authorities; Individuals who illegally possess it shall be punished for corruption.
Fifty-second refused to return the temporary land, the land management bureau shall order the return of land, and impose a fine.
Article 53 The amount of fines stipulated in this chapter shall be stipulated by the Municipal People's Government.
Article 54 The administrative punishment prescribed in these Measures shall be decided by the administrative organ prescribed in Article 3 of these Measures. The administrative punishment for rural villagers' illegal occupation of land to build houses may be decided by the township (town) people's government. If a party refuses to accept the decision on administrative punishment, he may, within 05 days from the date of receiving the notice of the decision on punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment. The reconsideration organ shall make a reconsideration decision within two months from the date of receiving the application for reconsideration. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days after receiving the reconsideration decision. The parties may also directly bring a suit in a people's court. If it fails to apply for reconsideration, bring a lawsuit or perform within the time limit, the organ that made the decision shall apply to the people's court for compulsory execution.
Units and individuals who have been punished according to law to dismantle new buildings and other facilities within a time limit must immediately stop construction during the construction of the project. If the construction continues, the organ that made the decision on punishment has the right to seal up the equipment and building materials that continue the construction.
Article 55 Anyone who infringes upon the ownership or use right of land shall be ordered by the administrative organ stipulated in Article 3 of these Measures to stop the infringement and compensate for the losses. If a party refuses to accept the decision, he may bring a suit in a people's court within 30 days from the date of receiving the notice of decision. The infringed person may also bring a lawsuit directly to the people's court; If the infringer neither brings a lawsuit nor performs it within the statutory time limit, the infringed may apply to the people's court for compulsory execution.
Article 56. In the process of changing land ownership and use right and resolving disputes over land ownership and use right, those who pay bribes, extort money, embezzle and steal state and collective property, or incite the masses to make troubles or obstruct national construction shall be given administrative sanctions or administrative penalties according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 57 Whoever refuses or obstructs land managers from performing their duties according to law shall be punished in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 58 Measures for the administration of land use of Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises shall be formulated separately.
Fifty-ninth problems in the specific application of these measures shall be interpreted by the Municipal Bureau of Land Management.
Article 60 These Measures shall come into force as of June 199 1 day. 1984 65438+On February 3, the Standing Committee of the Eighth Municipal People's Congress promulgated the Interim Measures for the Management of Rural Homestead in Beijing, which shall be abolished at the same time. The provisions of this Municipality on land management in the past, which are inconsistent with these measures, shall be implemented in accordance with these measures.
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