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In recent years, great progress has been made in land development and rehabilitation, which played an important role in respect of increasing effective area of cultivated land, improving the quality of cultivated land, optimizing agricultural production conditions and ecological environment, and promoting rural economic development, etc. The land development and rehabilitation were also stressed by the local governments at all levels and welcomed by a large number of peasants. In order to further develop and utilize land resources reasonably, urge the achievement of the target on protection of cultivated land, and adapt to the needs in building a well-off society in an all-round way, we have, according to the relevant provisions in land administration laws and regulations, and on the basis of summing up the previous work achievements and experiences, rendered some opinions on land development and rehabilitation as follows regarding the new situations that land development and rehabilitation are facing: I. GUIDING IDEOLOGY AND BASIC PRINCIPLES OF LAND DEVELOPMENT AND REHABILITATION (1) Guiding ideology of land development and rehabilitation. We should be guided by the important thought of "Three Represents" to carefully carry out the spirit of the 16th Party Congress, earnestly implement the basic state policy on resources protection and the guideline of "protecting resources amidst development of them, and vice versa". We should, on the basis of protecting and improving the comprehensive food production capacity and the sustainable development capacity, and through scientific planning, regulate project management, intensify our efforts in investments and financing, reasonably distribute proceeds, try to realize the standardization, information system and contingent construction. We should establish a management mechanism suitable for market economic laws, raise the level of land development and rehabilitation in an all-round way, effectively supply utilizable land resources, improve the ecological environment, and promote the sustainable utilization of resources, so as to make contributions to achieving the target of cultivated land protection, building up modern agriculture, developing the rural economy, increasing the income of peasants, and building a well-off society in an all-round way. (2) Basic principles of land development and rehabilitation. We should adhere to making overall planning, reasonably developing and utilizing resources, earnestly protecting and improving the ecological environment. We should adhere to combining the exploitation of connotation with the development of denotation, and stressing rehabilitation and secondary reclamation of land. We should adhere to maintaining the lawful rights and interests of land obligees, and increasing the benefits from utilization of land. We should adhere to unifying the quantity, quality and ecological maintenance by depending on the scientific and technological progress and innovations. We should adhere to optimizing land utilization structure, and promoting the coordinative development of economy, society, resources and environment. II. TARGETS, TASKS AND CONTENTS OF LAND DEVELOPMENT AND REHABILITATION (3) Purposes of land development and rehabilitation. We should, upon the needs in agricultural and rural economic development and the suitability of land resources, increase the farmland area, especially the cultivated land area. We should improve the farmland quality, optimize the land utilization structure, and promote the intensive utilization of land. We should improve the conditions for agricultural production and rural residence, as well as protect and build up the ecological environment. (4) Tasks of land development and rehabilitation. We should, pursuant to the overall planning on land utilization and the planning on land development and rehabilitation, comprehensively improve the fields, water, roads, forests and villages in rural areas. We should carry out the secondary reclamation of the land destroyed due to digging, collapse, pressure or pollution in the process of production and construction, as well as the land destroyed by such natural disasters as floods, landslide, mud-rock flow, dust storm. We should also develop and utilize the unutilized land suitable for farming, including the low beaches, saline-alkali land, weeds land, and bare land, etc. (5) Contents of land development and rehabilitation. We should, by taking engineering and biologic measures, level land, merge dispersed land plots, build terraces, rectify the water surface for aquiculture, and neaten the land for rural residence. We should build up roads, motor-pumped wells, irrigation canals and ditches, protective slopes, shelter-forests and other projects auxiliary to farmland and agriculture. We should transform desertification land, saline-alkali land and polluted land, improve the soil, and restore vegetation. We should define ownership, class and area of the land, as well as make investigation and registration, etc. of land modification. III. PLANNING AND PLANS ON LAND DEVELOPMENT AND REHABILITATION (6) Establishing and improving the planning system for land development and rehabilitation. We should, pursuant to the guiding ideology, basic principles, purposes and tasks of land development and rehabilitation, as well as the overall planning on land utilization, scientifically work out the planning on land development and rehabilitation, establish a planning system for land development and rehabilitation step by step with four connecting levels, namely, the state level, the provincial or autonomous regional level, the municipal or prefecture level, the city or county level, which contains a clear target, reasonable layout, prominent emphases, and powerful measures, so as to guide the land development and rehabilitation activities. (7) The land development and rehabilitation must conform to the planning. The examination, planning design, carrying-out, inspection and acceptance of projects on land development and rehabilitation must accord with the overall planning on land utilization and the planning on land development and rehabilitation. (8) The land development and rehabilitation activities should be included into a planned management. The annual plan on land development and rehabilitation should match the usable funds, and the annual tasks should be reasonably determined. We should formulate effective measures, as well as strengthen the guiding function and the authoritativeness of the plans, so as to guarantee the completion of the planned tasks. (9) Strengthening the investigation and appraisal of land resources. We should, on the basis of earnestly verifying the type, quantity, quality, layout and ownership of reserved land resources, analyze and research the feasibility of land development and rehabilitation, of secondary land reclamation, and the influences to the ecological environment. We should render measures for reasonable development and utilization, and lay a sound base for working out the planning on land development and rehabilitation. IV. OVERALL REQUIREMENTS OF LAND DEVELOPMENT AND REHABILITATION (10) The land development and rehabilitation should be coordinative and united with the protection and improvement of ecological environment. We should strictly control the development of unutilized land, make scientific demonstrations before working out the planning and determining the project. The development of any barren hill, wasteland or barren beach should be subject to the formalities for approval in accordance with the law. As for the ecological areas for returning farmland to forests, we should intensify our efforts on rehabilitating the basic fields in river plains and low-lying land, and should, if possible, transform the cultivated land on gentle slopes into terraces. We should adhere to the policy of "stabilizing the land with water" in the areas where water resources are insufficient and where the wind land erosion or desertification is heavy, and should, by stressing farmland rehabilitation, try to create better conditions for the shelter-forests, add water conservation facilities, increase output benefits from land, and protect the ecological environment. (11) The land development and rehabilitation should be integrated with the structural adjustment in agricultural production. We should determine the uses of developed and rehabilitated land reasonably in light of the land adaptability and the needs in agricultural production, and maximally exert the benefits from land. Any idle land, unutilized or destroyed land that is developed, rehabilitated or reclaimed into planting plot according to the project planning and design, which is accepted as qualified through project inspection, and ascertained as suitable for cultivation, should be deemed as supplementary cultivated land, and may be calculated as adjustable planting plot at the time of investigation of land modification. When such land had to be occupied for non-agricultural construction, the party concerned must, in addition to applying for approval of farmland conversion according to legal provisions, comply with the principle of "supplementing the land which is occupied" required by balancing the occupation and supplement of cultivated land. (12) Intensifying greater efforts on secondary reclamation of industrial or mining abandoned land. We should strictly adhere to the principle that "whoever destroys the land should be responsible for secondary reclamation", urge the obligated party to implement its statutory obligation for secondary land reclamation. We should formulate effective measures, intensify our efforts on collecting the secondary land reclamation fees, and increase sources of funds for secondary land reclamation. We should also actively carry out secondary land reclamation, and promote industrial or mining cities to optimize the economic structure and to enlarge employment. (13) Adhering to the relevant policies on encouraging land rehabilitation and secondary reclamation. Entities and individuals are encouraged to rehabilitate farmland by lawfully making use of the policies on the index of converting rehabilitated land into newly increased cultivated land. They are also encouraged to rehabilitate rural waste land for construction use by making use of the policies on the index of replacing the land for construction use, and to reclaim anew the industrial or mining waste land left over by history by making use of the policies on replacing the land reclaimed anew. They are encouraged to restore the land destroyed by natural disasters by making use of all items of preferential policies as well. (14) Earnestly strengthening the quality management of land development and rehabilitation. We should guarantee the quality in all links such as project feasibility study, planning design, project construction, acceptance inspection, etc., and particularly strengthen the project quality management of the cultivated land used for supplementary construction, intensify the acceptance inspection, and guarantee the approximate equivalence between the quality of supplementary cultivated land and that of the cultivated land occupied for construction. V. PROJECT MANAGEMENT OF LAND DEVELOPMENT AND REHABILITATION (15) The system of project management should be applied to land development and rehabilitation. The maintenance of the balance of occupation and supplement of cultivated land or secondary land reclamation, which is supported by government investments, or carried out by an entity using the land or an individual for implementing its/his obligation, and the land development and rehabilitation activities supported by public investments, should all be subject to project management. And a project management mechanism with multifactor investments, classified management, market operation and public supervision for the purpose of land development and rehabilitation should be established step by step. (16) Doing well in building the project reserve databases. All provinces, autonomous regions, municipalities, prefectures, cities or counties should, pursuant to the planning, plans and relevant project management requirements on land development and rehabilitation, carry out project feasibility study and demonstration, and be well organized to, in a planned way, establish rolling and classified project reserve databases, so as to satisfy the needs in land development and rehabilitation. (17) Further regulating the management of government investment projects. With respect to the government investment projects, the organs of land resources should be responsible for arranging for the feasibility study, the examination of planning and designing, the carrying-out of the project and the acceptance inspection. The expert demonstration and the systems in respect of project legal person, bidding, supervision, announcement and contract, etc. should be applied. The management by practicing conditions and qualifications should be applied step by step according to the relevant provisions to the entities undertaking the project feasibility study, planning and designing, project construction, and project supervision. (18) Strengthening the management of entity-invested or individual-invested projects. With respect to the projects for which the entity or individual using the land for construction implements the obligation of maintaining the balance of occupation and supplement of cultivated land or the obligation of secondary land reclamation by itself/himself, the organ of land resources should be responsible for arranging for the feasibility study, examination planning and designing, and project acceptance inspection. The projects carried out upon the arrangement of the organs of land resources with the fees for primary reclamation of cultivated land or for secondary land reclamation, should be managed as government investment projects. (19) Strengthening the management of public investment projects. For the public investment projects, the organs of land resources should be responsible for arranging for the feasibility study, examination of planning and designing, and project acceptance inspection. Where a rural collective organization or an individual peasant invests in carrying out a land development and rehabilitation activity at a large scale, and the conditions for project management are met, the project should be managed as a public investment project prescribed in the preceding paragraph. If the scale is small, and the conditions for project management are not met, the organ of land resources at the county level should formulate the relevant measures, and include the project into regularized management step by step. VI. MANAGEMENT OF INPUTS AND EXPENDITURE FOR LAND DEVELOPMENT AND REHABILITATION (20) Intensifying the government inputs. We should, pursuant to the overall requirements of the state on increasing agricultural inputs, actively convince the governments at all levels to increase inputs for land development and rehabilitation. We should earnestly strengthen the management on the collection and use of the fees paid for the use of newly increased land for construction and the fees for primary reclamation and secondary reclamation of land, so as to lawfully collect full amount of funds, and should use the special funds for special purposes. We should earnestly strengthen supervision and management to ensure the funds to create appropriate benefits. (21) Actively establishing multi-type investment and financing channels. We should, by making use of various preferential policies, attract funds from entities and individuals. We should carry out international cooperation, absorb and utilize foreign investments. It is encouraged to, by means of joint venture and joint cooperation, attract enterprises, other economic organizations and individuals to invest, so as to extensively absorb funds, and form multifactor investment and financing channels for land development and rehabilitation step by step. (22) Using and managing government investments well. The government investments should be used in the planning and determination of land development and rehabilitation in the key areas and the projects in priority. They should be used in the projects of land rehabilitation and secondary land reclamation in the basic farmland preservation areas in priority; and be used in the projects in the main food production areas in priority. (23) Strengthening the budgetary management of government investment projects. With respect to the government investment projects, the organs of land resources should be responsible for, pursuant to the prescribed measures, procedures and time limit for working out the preliminary budget, arranging for the budgetary estimation of the project investments, as well as working out, examining and submitting the preliminary budget. A system of evaluation and examination of the project budget by experts should be established and improved, and the mechanism for restricting the project budget should be consolidated. Once the project budget is distributed, no entity or individual should discretionally modify or adjust it. (24) Strengthening the management of the funds for government investment projects. The funds for a government investment project should be used for special purposes, be specially managed, and be accounted independently. No entity or individual should spend the expenses in excess of the expenditure scope and rates, or even withhold or misappropriate the project funds. The system of paying project funds from State Treasury should be applied, and the project funds should be allocated according to the approved project budget, construction contract and project schedule. We should establish and improve the project accounting system and the internal auditing system, practice financial management and supervision over the project funds in the whole process. We should strictly carry out the final accounting of the project funds at the time of completion, and regulate the appraisal of the achievements and follow-up inquiry of effect concerning the project. VII. OWNERSHIP MANAGEMENT OF LAND DEVELOPMENT AND REHABILITATION (25) Before a piece of land is developed and rehabilitated, its ownership should be well verified. We should, according to the relevant documents on modified investigation and registration of the land, verify the ownership, boundary line, class and area of the involved land, and reflect them earnestly on the drawing of land utilization. (26) Respecting the land obligee's will, working out and earnestly implementing the proposal on adjustment of land ownership. Before a piece of land is developed and rehabilitated, the adjustment of the land ownership must be agreed on by two thirds or more of the members of the villagers' meeting, or by two thirds or more of the villagers' representatives, and an agreement should be concluded. After the completion of the project construction, the investigation and registration of land modification should be well done in time according to the adjustment proposal and agreement. (27) The adjustment of land ownership should be beneficial to maintaining the rights and interests of the peasants. The adjustment of land ownership may not affect the peasants' right to contracted management of land. It should be guaranteed that the area of the peasants' contracted land would not be reduced, the quality not be worsened. And the adjustment should be beneficial to agricultural production and operation, as well as to maintaining the immediate and vital interests of rural collectivities and peasants. For the projects of land development and rehabilitation supported with government investments, the right to use the newly increased cultivated land that is collectively-owned and undetermined should be enjoyed by peasants of the collectivity in priority, and the right to contracted management of land should be determined accordingly. VIII. SCIENTIFICIZATION, STANDARDIZATION, AND INFORMATION SYSTEM CONSTRUCTION OF LAND DEVELOPMENT AND REHABILITATION (28) Trying to realize the scientific management of land development and rehabilitation. We should actively carry out the relevant basic researches, application researches and technical researches on land development and rehabilitation, and reinforce the extension and application of scientific innovation achievements in land development and rehabilitation, so as to form a system of land development and rehabilitation supported by technology step by step. (29) Strengthening the standardization construction of land development and rehabilitation. We should proceed from the actual situation of land development and rehabilitation, to devoting major efforts on formulating the standards in respects such as the investigation and appraisal of land resources, project planning and designing, project construction, determination of the budgetary amount, and appraisal of benefits, etc. pursuant to the requirements in a planned way step by step from the superior departments to the inferior ones and combining the superior with the inferior, so as to form a system of standardization in respect of technology, economy and management step by step. (30) Actively carrying out the information system construction on land development and rehabilitation. We should, pursuant to the requirements on information system construction of state land resources, establish an information system for land development and rehabilitation step by step, and realize digitization and information system in investigation and appraisal of land resources, planning of development and rehabilitation, and project management. At present, we should emphasize the establishment of a project database on land development and rehabilitation, and realize digitization and information system as soon as possible in the declaration and examination of projects. IX. ORGANIZATION AND LEADERSHIP, AND CONSTRUCTION OF CONTINGENTS OF LAND DEVELOPMENT AND REHABILITATION (31) Giving play to the functions of the local organs of land resources at all levels and of the relevant departments. Under the leadership of their respective local governments, the local organs of land resources at all levels should exercise their administrative functions and duties according to law, earnestly do well in all items of work in land development and rehabilitation. They should meanwhile pay attention to coordinating their relationships with the relevant departments and other sectors, and try to win supports and cooperation, so as to guarantee the smooth carrying-out of land development and rehabilitation. (32) Paying attention to establishing a professional contingent of land development and rehabilitation. The organs of land resources should actively educate talented people in the fields of technology, engineering and management, to establish a professional contingent containing professionals in respects such as land, agriculture, forestry, water conservancy, etc., with a reasonable proportion in each respect. The relevant entities and individuals are encouraged to give play to their specialties or to form special institutions, and to participate in scientific researches and technical demonstrations on land development and rehabilitation, as well as project construction and other similar work. They should study foreign advanced experiences and technologies in land development and rehabilitation, and continuously improve the technical and management level. (33) Strengthening trainings on the employees involved, and improving the quality of the contingent. The organs of land resources should regard the management and technical trainings for land development and rehabilitation as an important task, do well in planning, earnestly implement the plans, hold trainings at each level, and educate as soon as possible a group of management backbones and talented technicians with good virtues, sound base, extensive knowledge, and profound specialties, so as to continuously adapt to the needs in land development and rehabilitation. (34) Intensifying the building of clean and honest government, and executing the relevant disciplines seriously. We should strictly implement the Provisions on Building Clean Government with Regard to the Management of the Projects and Funds of Land Development and Rehabilitation by the Ministry of Land and Resources, and the relevant requirements on building clean government. We should further establish and improve the rules and systems, prevent and control malpractices at its source. We should exercise our administrative functions according to laws and rules, instead of practicing frauds or abusing powers for personal gains. We should strengthen supervision, strictly enforce the law, lawfully investigate the liabilities of those who violate the relevant laws or provisions of the state or who cause heavy losses due to negligence in work, and should impose severe punishment upon them. |
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