27 apr 2005 09: 13

Notice of the People's Government of the Autonomous Region on the handling of relevant issues in the inventory of non-agricultural construction land

Guangxi Zhuang Autonomous Region

The regional administrative offices, the people's governments of cities, counties and autonomous counties, and the commissions, offices, departments and bureaus directly under them:

According to the spirit of "Notice of Central the State Council on Further Strengthening Land Management and Effectively Protecting Cultivated Land" (Zhong Fa [1997]1No.) and "Notice of the Party Committee and People's Government of the Autonomous Region on Comprehensively Carrying out the Inventory of Non-agricultural Construction Land" (Gui Fa [1997] No.26)

The inventory task of base land should properly handle the problems existing in non-agricultural construction land in our region1991to1April 997 14. The relevant issues are hereby notified as follows:

A, without the approval of the people's government of the State Council or the autonomous region set up development zones should be dismantled, after the demolition of the land within its scope has been requisitioned and developed and utilized according to law, by the land management department of the local government at or above the county level according to the project land situation to strengthen management according to law. Land requisitioned according to law but not developed and utilized shall be signed with local rural collective economic organizations under the auspices of the land management department.

Make an agreement to continue farming and take it back free of charge when the country needs it; Land that has not been requisitioned according to law but has been occupied and not developed and utilized shall be returned to the original landowner. The Development Zone approved by the people's government of the State Council or the autonomous region shall be managed by the Development Zone Management Committee and the land management department according to their respective responsibilities, and the undeveloped land shall be handled according to the above methods.

Second, those who illegally occupy land without approval or by deception shall be ordered to return the illegally occupied land within a time limit, demolish or confiscate the newly-built buildings and other facilities on the illegally occupied land in accordance with the relevant provisions of the Land Administration Law of People's Republic of China (PRC) (hereinafter referred to as the Land Administration Law) and the Regulations for the Implementation of the Land Administration Law of People's Republic of China (PRC).

(hereinafter referred to as the "Regulations on the Implementation of the Land Management Law") Article 30 stipulates that a fine shall be imposed according to the standard of illegally occupying land per square meter 15 yuan; The person in charge of an illegal land occupation unit shall be given administrative sanctions by his unit or higher authorities. Individuals who illegally occupy land for building houses and do not violate the urban and rural construction planning may confiscate the buildings on the ground and hand them over to the local authorities for treatment after confiscation.

The local government gives priority to confiscation at a fixed price; Illegal occupation of temporary land (including site land, non-permanent houses, kiln building, mining, quarrying, sand digging, earth borrowing, etc.). ) A fine shall be imposed according to the standard below 5 yuan per square meter.

If there is no need to continue to use buildings or temporary land that are allowed to be reserved in violation of urban and rural construction planning, the land use procedures shall be handled according to law after punishment; In the urban planning area, any construction project that does not conform to the overall urban planning and has not obtained the "one book and two certificates" (construction project site selection opinion, construction land planning permit and construction project planning permit) issued by the competent department of urban planning administration.

, by the local competent department of city planning administration in accordance with the "People's Republic of China (PRC) City Planning Law" and "the Guangxi Zhuang Autonomous Region to implement the" People's Republic of China (PRC) City Planning Law "measures" strictly. Impose a fine on the project, and impose a fine of 0.5% of the total cost of illegal construction projects; Not according to the total cost of construction projects, according to the total area of illegal construction projects per square meter 300 yuan calculation.

3. If the requisition, use, allocation or transfer of land is illegally approved beyond the approval authority or broken up into parts, the approval document (transfer contract) is invalid and the formalities shall be completed according to law; When going through the formalities, it is necessary to complete the prescribed attachment materials, and the illegal approval authority shall make a profound written review. Illegal approval of land occupation shall be handled in accordance with relevant regulations.

4 units or individuals that have no right to approve the requisition, use, transfer or transfer of land use rights illegally approve the requisition, use, transfer or transfer of land, and their approval documents (transfer contracts) are invalid; Illegally approved land shall be treated as illegal occupation in accordance with the provisions of Article 2 of this Notice. The land requisition compensation agreement that has not been confirmed by the land management department of the municipal or county government is invalid; Non-classic

The land use right transfer contract signed by the land administration department of the city or county government as the transferor is illegal and not protected by law, and should be re-signed according to law or verified by the land administration department.

Five, the land use right has been obtained through transfer, but the land transfer fee has not been paid according to law. After investigation and verification, for those who have the ability of development and construction, all the land transfer fees shall be paid before the end of 1997 10, and the land shall be allowed to continue to be used; For those who are unable to develop, construct and pay the land transfer fee, the land management department (transferor) may terminate the transfer contract and recover the land use right; correct

If part of the land transfer fee has been paid, and the land user has certain development and construction ability, the corresponding land area can be demarcated according to the paid amount and the land price agreed in the transfer contract, and the land use right transfer contract can be re-signed to recover the remaining land.

Six, land users without approval according to law, not according to the provisions of the transfer contract or transfer approval documents for project construction, without changing the land use of the whole construction project, by the land management department of the city and county government to be corrected, and may impose a fine of 05 yuan per square meter; If the circumstances are serious, report to the government with the right of approval, terminate the transfer contract or revoke the approval of allocation, and recover the land use right free of charge.

That's right. In case of unauthorized or partial change of land use for business or lease, it shall be in accordance with the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights (Order No.55 of the State Council [1990]) and the Notice of the People's Government of the Autonomous Region on Launching the Work of Spontaneous Market Entry for Clearing and Rectifying the Allocated Land Use Rights (Gui No.30 [1994]). country

Without the approval of the government at or above the county level, it is illegal to change the land use for non-agricultural and forestry construction, and it should also be handled according to the above principles. After handling, it is allowed to handle the relevant land use procedures.

Seven, to transfer or transfer to obtain land use rights, but not the development and construction, in accordance with the provisions of the "People's Republic of China (PRC) city real estate management law" twenty-fifth. If the construction has not started for more than 1 year since the commencement date or approval date agreed in the transfer contract, the land idle fee per square meter 1-3 yuan may be levied; If construction has not started for 2 years, it can be free.

Recover the land use right. After verification, it is still necessary to use the land for development. After collecting the land idle fee and paying the land transfer fee, it is allowed to continue to use the land and start construction within a time limit.

Eight, the sale or other forms of illegal transfer of land, in accordance with the provisions of the "land management law" forty-seventh and "Regulations" thirty-first. If a fine is imposed, it shall be implemented according to the standard of 10-50% of the illegal income; The person in charge of the unit shall be given administrative sanctions by his unit or higher authorities. After the punishment, it shall be ordered to make up for the change of land ownership according to law.

Program.

Nine, without legal approval, unauthorized lease, mortgage allocation of land use rights, the land management department of the municipal and county governments shall confiscate their illegal income, and may impose a fine in accordance with the provisions of article eighth of this notice. After the punishment, it shall be ordered to go through the registration formalities with the land management department.

Ten, the land has been requisitioned according to law, but not in accordance with the provisions of the rural collective economic organizations to pay land compensation fees, resettlement subsidies and young crops compensation fees of landless farmers, to pay before the limited month, overdue payment, in accordance with the provisions of Article 49 of the Land Management Law and the Regulations for the Implementation of the Land Management Law, "Article 32.

Eleven, about the autonomous region during the period of decentralization of land examination and approval.

(1) 1992 In order to implement the instructions of the Central Committee and the State Council on accelerating reform and opening up, the Party Committee and People's Government of the autonomous region issued a document to delegate some land examination and approval authority, specifically:

1,1On July 25, 1992, the Notice on Approving the Overall Acceptance Plan of the Experimental Zone for Coordinating Urban and Rural Comprehensive Reform in Yulin Area (GYF [1992] No.29) was issued, which clarified that the land approval authority of the local administrative office was: cultivated land (including fish ponds and vegetable fields) below 500 mu, and non-cultivated land.

2.1On July 26th, 1992, the Notice on Approving the Overall Experimental Scheme of Liuzhou Urban Comprehensive Reform Experimental Zone (GYF [1992] No.30) was issued, which made it clear that the municipal government's land approval authority was: less than 500 mu of cultivated land and less than 2,000 mu of other land.

3.1On July 28th, 1992, the Provisions on Several Issues of Simplifying Administration and Decentralizing Power (GYF [1992] No.31) was promulgated, which made it clear that the land examination and approval authority of regional administrative offices and municipal governments at all levels was within 50 mu of cultivated land (including fish ponds and vegetable fields) and non-cultivated land/kloc-

4.6 1992 65438+ 10/0/day, the Notice on Approving the Overall Development Plan of Youjiang Valley Economic Development Zone in Baise Region (GYF [1 992] No.37) was issued, and it was clarified that the land approval authority of the administrative office in this area was: cultivated land (including fish ponds). However, this approval authority is limited to Youjiang Valley Economic Development Zone (including Baise City and Tian Yang City).

County, Tiandong County, Pingguo County).

5. 1992 On September 30th, 1992, the Notice on Approving the Overall Development Plan of Hongshuihe Comprehensive Development Zone in Hechi District (GYF [1992] No.40) was issued, which made it clear that the land approval authority of the administrative office in this area is: 300 mu of cultivated land and less than 2,000 mu of non-cultivated land.

6.1June 4, 1992, the Notice on Printing and Distributing the Administrative Measures for Land Expropriation and Development of Urban Economic Development Zones in Guangxi (Gui [1992] No.43) stipulates that the transfer and allocation of land use rights after the unified development of economic development zones shall be entrusted to the municipal and county governments for examination and approval by the original territories, cities and autonomous regions.

, city or autonomous region land management department for the record.

1993165438+123 October, in order to implement the spirit of "Opinions of the Central the State Council on Strengthening Macro-control in the Current Economic Situation", the Party Committee and People's Government of the Autonomous Region issued the Notice on Reaffirming the Land Examination and Approval Authority of Municipalities (GF [1993] No.6.

The power of land examination and approval shall cease immediately, and the land examination and approval shall no longer be entrusted to prefectures and cities. The land examination and approval authority of regional administrative offices and prefecture-level municipal governments shall be implemented in accordance with Article 25 of the Measures for the Implementation of Land Management in Guangxi Zhuang Autonomous Region.

According to the above situation, the solution to this problem is: from the date when the document of the Party Committee and People's Government of the autonomous region on the decentralization of part of the land is issued to1993165438+1October 22, all the regions and prefecture-level cities that examine and approve the land according to the examination and approval authority stipulated in the document will be recognized, and no ultra vires examination and approval will be made. Those who have used the land during this period without going through the formalities are not allowed to use it.

Then go through the formalities according to the examination and approval authority at that time.

(two) the handling of issues related to the land examination and approval authority of Beihai Municipal People's Government. 1On September 27th, 984, the people's government of the autonomous region issued the Reply on Agreeing to Relax the Land Requisition Authority of Beihai City (including Fangchenggang District) and the Problem of Rural Conversion to Non-agriculture (Gui Zheng Han [1984]1kloc-0/No.). Reply: Beihai Municipal Government may, according to the approved city

To meet the needs of urban planning, development and construction, land shall be requisitioned by stages in accordance with relevant state laws and decrees, and the land for construction shall be examined and approved by the municipal government, with a copy to the Agriculture, Animal Husbandry and Fisheries Department of the autonomous region.

Whereas Beihai Municipal Government has been transferring land in accordance with the land approval authority granted by the Land Approval Permit. 10 1 Before document Guifa [1993]32 was issued on September 27th, 1993+0. The land approval authority of Beihai City is confirmed as: September 27th 1984 to June 22nd 1993, 1 1.

Once the land is granted, it will be recognized, and it will not be treated as ultra vires land grant; 1993165438+1after October 23rd, the city's land examination and approval authority shall be implemented according to the land examination and approval authority stipulated in the Measures for the Implementation of Land Management in Guangxi Zhuang Autonomous Region. Anyone who approves the requisition, use, allocation or transfer of land beyond the above-mentioned land examination and approval authority shall be treated as ultra vires land grant; Yes, within the applicable period of reply 10 1

Those who have used the land but have not gone through the formalities for land use shall not go through the formalities for land use according to the examination and approval authority at that time.

Twelve, the problems found in this inventory, the general principle is in accordance with the requirements of the central document 1. 1 1, dealt with according to law. If it is really necessary to be exempted from punishment due to special reasons, it shall be reported to the people's government of the autonomous region for examination and approval, and all localities, cities and counties shall not make a decision to be exempted from punishment without authorization.

Thirteen, governments at all levels should strictly follow the spirit of Document No.9. Central 1 1 and Guifa [1997] No.26, earnestly do a good job in inventory, strictly control and prevent going through the motions. Inventory and handling must be completed before the end of 1997 10. After the end of the inventory, it is necessary to check and accept each land. Where the land use procedures are legal or have been punished, the procedures should be completed according to law, and the city where the land is located.

The land administration department of the county government makes a conclusion and issues the Acceptance Certificate of Non-agricultural Construction Land (uniformly printed by the Land Administration Bureau of the autonomous region).

14. This notice is only applicable to the handling of illegal land use for non-agricultural construction land from 199 1 to1April 1997 14.