|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
The CPC Central Committee and the State Council attach great importance to the administration and control of land. The Decision of the State Council on Furthering the Reform and Intensifying the Land Administration (No. 28 [2004] of the State Council) has comprehensive provisions on such respects as strict law enforcement of land, intensification of the planning administration, guaranty of the peasants' rights and interests, promotion of an economical land use and improvement of the responsibility bylaws. All the regions and departments have adopted the relevant measures for effective implementation and made some achievements as well. However, there arise some new trends and problems in land administration, especially the land control, namely, the overgrowth of the aggregation of construction land, the over-expansion of low-cost industrial land, illegal or irregular use of land, and reckless occupation of arable land are hard to be banned despite every effort, so the land restriction remains an arduous work. In order to further carry into effect the concept of scientific development and guarantee the sustainable development of economy and society, we should adopt more strict measures for administration, effectively intensify the land control and therefore hereby notify the relevant issues as follows: I. FURTHER CLARIFYING THE RESPONSIBILITY OF LAND ADMINISTRATION AND PROTECTION OF ARABLE LAND The principals of the local people's governments at all levels shall take an overall responsibility of the reservation of arable land, protection area of basic farmland, overall planning of land utilization and annual plan of implementation within their administration regions. We should include the controlling indicators of newly-added construction land use (including the occupied agricultural land and undeveloped land) into the annual plan of land utilization and take the actual reservation of arable land and the area of newly-added construction land as the basis for the examination of an annual plan of land utilization, land administration and object examination of the responsibility of arable land protection. Where any actual land use exceeds the planned quota in the current year, the planned quota of the following year shall be deducted correspondingly. The Ministry of Land and Resources shall intensify the examination of actual construction land use as well as land requisition. Adjusting the method of examination and approval of the land used for urban construction according to the principles of consistency between power and duties. Within the scope of the land used for urban construction as decided in an overall planning of land utilization, the method of examination and approval of the change of use of agricultural land as well as land requisition by the State Council on a batch-by-batch basis shall be changed into one whereby the people's government at the provincial level summarizes the situation and reports it to the Ministry of Land and Resources as well as the State Council for examination and approval on an annual basis and the people¡¯s government at the provincial level shall, upon approval, carry out the specific implementation, and a scheme of implementation shall be reported to the Ministry of Land and Resources for archival filing. Vigorously implementing the accountability system. Where any case of law-breaking or rule-breaking land use incurs any serious consequence within an administrative region and if the relevant organ fails to check it or organize an investigation into and punishment of the law-breaking or rule-breaking land use, or conceals or hides any law-breaking or rule-breaking land use, the relevant principal of the local people's government shall be subject to the corresponding liabilities. The Ministry of Supervision and the Ministry of Land and Resources shall make good efforts to improve the measures for prosecuting into the liabilities of those principals liable for any law-breaking or rule-breaking land use. II. EFFECTIVELY GUARANTEEING THE LONG-TERM LIVELIHOOD OF THE FARMERS WHOSE LAND HAS BEEN REQUISITIONED The allocation of compensation for land requisition shall be conducted according to the principles of the original living conditions of the farmers whose land has been requisitioned not being any worse off and their long-term livelihood being guaranteed. All the regions shall earnestly carry into effect the provisions of Document No. 29 [2006] of the General Office of the State Council and do a good job in the employment training as well as social security of the farmers whose land has been requisitioned. The social security premiums of the farmers whose land has been requisitioned shall be included into the expenses for compensation and relocation upon land requisition according to the relevant provisions and the unbalanced part shall be made up by the local people's government by the incomes as generated from the paid use of state-owned land. No land requisition may be approved in the absence of a full contribution of the social security premiums. III. REGULATING THE ADMINISTRATION OF INCOMES AND EXPENDITURES IN LAND ASSIGNMENT The total price of the assignment of the state-owned land use right shall be included into the local budgets in full amount, be turned over into the state treasury and be subject to the "separate administration of incomes and expenditures". The total price of land assignment shall first be arranged in full amount for paying the expenses for land compensation, relocation subsidies and above-ground fixtures as well as the expenses for young seeds, expenses for dismantlement and relocation and subsidies for the unbalanced part as to the social security premiums of relevant farmers. The other funds shall be applied to raise the proportion of the expenses for agricultural land development and rural infrastructure construction as well as the expenses for construction of subsidized houses and construction of the supporting facilities for the improvement of utilization functions of state-owned land. IV. ADJUSTING THE RELEVANT POLICIES FOR TAXES AND FEES FOR CONSTRUCTION LAND USE Elevating the standards for paying the fees for paid utilization of newly-added construction land. The payment scope of the fees for paid utilization of newly-added construction land shall be set in light of the area of construction land that has been newly added. The fees for paid utilization of newly-added construction land shall be applied in the construction and protection of basic farmland, land sort-out and development of the arable land. Any illegal deduction or defaulted payment of the fees for paid utilization of newly-added construction land shall be sorted out and recovered within a time limit. In particular, any deducted or exempted or defaulted amount upon the distribution of Document No. 28 [2004] of the State Council shall be cleared off before the end of this year. In the case of failure to clear off within the time limit, the relevant examination and approval of land use shall be suspended. The Ministry of Finance shall, in collaboration with the Ministry of Land and Resources, make efforts to formulate the standards for paying the fees for paid utilization of newly-added construction land as well as the specific measures for adjustment at a proper time and further improve and perfect the administration of distribution and utilization of the fees for paid utilization of newly-added construction land. Elevating the standards for collecting the taxes on urban land use and on occupation of arable land. The Ministry of Finance and the State Administration of Taxation shall, in collaboration with the Ministry of Land and Resources as well as the Office of Legitimate Affairs, make efforts to formulate the specific measures. The departments of finance and taxation shall intensify the collection and administration of taxes and strictly control the tax deduction and exemption. V. ESTABLISHING A UNIFORM PUBLICITY SYSTEM OF THE STANDARDS FOR MINIMUM PRICE FOR THE ASSIGNMENT OF INDUSTRIAL LAND The state shall, according to the grade of land as well as the policies for utilization of regional land, formulate and publicize the minimum rates for assignment of industrial land for all regions in a unified manner. The minimum rates for assignment of industrial land shall not be any lower than the sum of the cost of obtaining land, the cost of land development in the preliminary period and the relevant expenses as collected according to the relevant provisions. The industrial land shall be assigned by means of bid tendering, auction or hanging out a shingle at a price not any lower than the publicized minimum rates. Where any land is assigned at a price lower than the rates for the assignment of industrial land, or any subsidy or refund is made in any form, it is an act of illegally assigning the state-owned land use right, for which the relevant liable person shall be subject to the investigation of liabilities according to law. VI. PROHIBITING ANY UNLAWFUL TRANSITION OF AGRICULTURAL LAND INTO CONSTRUCTION LAND The transition of agricultural land into construction land shall comply with the overall planning of land utilization, overall urban planning, planning of villages and towns, be incorporated into the annual plan of land utilization and go through the formalities for examination and approval of a transition of agricultural land use. It is prohibited to use any agricultural land as collectively owned by farmers to conduct any non-agricultural construction by means of "lease instead of requisition" or to unlawfully expand the scale of construction land. The circulation of the use right of construction land under a collective ownership of farmers shall comply with the planning and be strictly limited within the scope of construction land as legally obtained. Where any functionary of the state organ, in the absence of legal examination and approval of transition of agricultural land, occupies any construction land by means of "lease instead of requisition", it is an illegal distribution of land. Where any entity or individual unlawfully occupies any land for construction by means of "lease instead of requisition", it is an unlawful occupation of land, therefore the relevant liable person shall be subject to legal liabilities according to law. VII. INTENSIFYING THE SUPERVISION AND EXAMINATION OF LAND ADMINISTRATION The state organ of land supervision shall earnestly perform its functions and duties as distributed by the State Council and intensify the supervision and examination of land administration by the local people's government. As to any law-breaking or rule-breaking problem found in the supervision and examination, it shall set forth the opinions on correction or rectification in a timely manner. Where any correction or rectification fails to be exerted to a full extent, a time limit shall be set according to the relevant provisions. In the duration of correction and rectification, the transition of agricultural land and land requisition in the region shall be suspended. The administrative departments of land and resources as well as the personnel thereof shall strictly implement the relevant laws and regulations as well as guidelines and policies for state land administration, implement administration according to law and be responsible for the authenticity and legality of land utilization. Where anyone neglects his duties and functions, abuses his powers and functions, practices favoritism or fails to implement or observe the relevant laws and regulations on land administration, the liable principals and personnel shall be subject to the investigation of liabilities according to the relevant laws and regulations. VIII. SERIOUSLY PUNISHING ANY LAW-BREAKING OR RULE-BREAKING ACT OF LAND USE Where any functionary of the state organ unlawfully approves any requisition or occupation of land or unlawfully assigns the state-owned land use right at a low price, thereby breaking the criminal law, he shall be subject to criminal liabilities. In the case of failure to implement the state policies for land control, approval of any quota-overstepping land use, failure to pay the fees for paid utilization of newly-added construction land or other due taxes and fees, pay in full amount the fees for compensation and relocation upon land requisition before conducting requisition or in the case of any unlawful change of the location of any basic farmland through adjusting an overall planning of land utilization so as to avoid a report of occupying the basic farmland for construction to the State Council for examination and approval according to law, the relevant liable person shall be subject to administrative liabilities. Improving the coordination mechanism of investigating into and punishing the illegality in any land case and intensifying the strength of investigating into and punishing any law-breaking or rule-breaking act of land use. The Ministry of Supervision shall, in collaboration with the Ministry of Land and Resources, make special actions by focusing on investigation into and punishment of any act of unlawful approval for land use, land use without any approval, over-use of land than what has been approved or illegal assignment of state-owned land use right at a low price. Any major law-breaking or rule-breaking case of land use shall be settled publicly. Where any crime is involved, it shall be transferred to the judicial organ for investigation of criminal liabilities. All the regions and departments shall, under the guidance of De Xiaoping's theory and the important thoughts of "Three Represents", carry into effect the concept of scientific development in an overall manner, fully understand the importance of applying the strictest bylaws of land administration and earnestly implement and resolutely execute all the measures of the Central Government for intensifying the land control. All the regions shall, in combination of the implementation of the present Circular, make an overall self-examination on the administration and utilization of land since the implementation of Document No. 28 [2004] of the State Council and seriously punish any law-breaking or rule-breaking act as found out. The National Development and Reform Commission, the Ministry of Supervision, the Ministry of Finance, the Ministry of Labor and Social Security, the Ministry of Land and Resources, the Ministry of Construction, the Ministry of Agriculture, the People's Bank of China, the State Administration of Taxation, the Statistics Bureau and the Office of Legislate Affairs, etc. shall perform their own functions and duties, closely coordinate with each other, formulate the relevant supporting documents for the implementation of the present Circular and jointly do a good job in the intensification of land control. The Ministry of Land and Resources shall, in collaboration with such departments as the Ministry of Supervision, do a good job in the supervision and examination of the implementation of the present Circular. All the regions and departments shall, before the end of 2006, report the implementation of the present Circular to the State Council. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|