Linshui County, Sichuan Province belongs to Guang 'an City, Sichuan Province. You can refer to the document issued by the office of Guang 'an Municipal People's Government on the confirmation of land contractual management rights.
Notice of the Office of Guang 'an Municipal People's Government on Printing and Distributing the Pilot Work Plan for the Registration of Rural Land Contractual Management Right in Guang 'an City (for Trial Implementation)
District, city and county people's governments and relevant departments at the municipal level:
"Guang 'an rural land contractual management right confirmation registration pilot program (Trial)" has been approved by the municipal government and is hereby printed and distributed to you, please carefully organize the implementation according to the actual situation.
Guang 'an Municipal People's Government Office
201210 June 17
Guang 'an rural land contractual management right confirmation registration pilot.
Work plan (for Trial Implementation)
In order to conscientiously implement the spirit of this year's document 1 and do a good job in the pilot registration of rural land contractual management rights in our city, according to the Rural Land Contract Law of People's Republic of China (PRC), the Property Law of People's Republic of China (PRC) and the Measures for the Administration of Rural Land Contracted Management Rights Certificate of the Ministry of Agriculture, Notice of the General Office of the People's Government of Sichuan Province on Forwarding the Opinions of the Agriculture Department and other six departments on Steadily Expanding the Pilot Work of the Registration of Rural Land Contracted Management Right (Chuan Ban Han [20 12] 172) and Notice of the Agriculture Department of Sichuan Province on Printing and Distributing the Pilot Work Plan of the Registration of Rural Land Contracted Management Right in Sichuan Province (for Trial Implementation) (Chuan Nong [20 12)
First, it is necessary to carry out the registration of rural land contractual management rights.
The core of household contract management of farmers is to implement the land contract management right and consolidate and improve the rural basic management system. Carrying out the pilot registration of land contractual management right is an effective form and method to thoroughly implement farmers' contractual management right, and it is also the need to clarify the management of usufructuary right of land contractual management right. By registering the contracted management right of rural land, we can clarify the subjects involved in land circulation, clarify the ownership of the contracted management right of rural land, protect the contracted rights and interests of farmers, help to realize the transformation of contracted management mode of rural land to registered management according to law, help to maintain the market order of land circulation, help to play the role of loan pledge of contracted management right of rural land, and promote the prosperous development of rural economy.
Two, to carry out the basic principles of rural land contractual management rights registration pilot work.
(1) The principle of maintaining stability. The pilot work of rural land contractual management right confirmation registration is to carry out inventory on the basis of the second round of land extension, 30-year contract and original data related to land contracting, and further clarify the four areas, existing actual area and grade of contracted land through inventory, and plan the adjacent relationship well. The registration of rural land contractual management right is to standardize and improve rural land contracting, not to readjust the original contract relationship or reorganize rural land contracting. It is necessary to ensure social stability in rural areas, keep the original land in contract relationship unchanged, and resolutely prohibit taking the opportunity to illegally recover and adjust farmers' contracted land.
(2) The principle of seeking truth from facts. Through the actual measurement of the existing land, the measured area and the original contracted area are truthfully recorded in the register, contract and management certificate. Since the second round of land contracting, if the contracted land has been exchanged or transferred among farmers, the current contractor should be confirmed when the right is confirmed, and the contract relationship should be changed in time. It is necessary to realize the "four unifications" and "five households", that is, the four areas of contracted land, contract, management certificate register and management certificate are unified; The contracted land is registered to the household, the contracted land boundary is registered to the household, the contract is signed to the household, the contract management certificate is issued to the household, and the basic farmland is marked to the household.
(3) Respect the principle of history. In principle, it is necessary to maintain the existing contracted area of farmers. If the calculated area is inconsistent with the original contracted area, the original contract relationship and area will not be adjusted, and the number of policies and related responsibilities and obligations determined according to the original contracted area will not be changed. At that time, in order to ensure farmers' contracting interests, collective economic organizations registered and measured the contracted cultivated land according to the standard, that is, the highest grade and the lowest grade, which caused the actual cultivated land area to be inconsistent with the household registration area. The account certificate shall be registered according to the actual cultivated area, indicating the actual converted area, and shall be approved by the contractor.
(4) The principle of democratic consultation. Democratic consultation and decision-making should be carried out in every link of land inventory, measurement, confirmation and registration, and farmers should be fully relied on and mobilized to actively participate. On the major issues involved in the pilot, the masses should participate, solicit their opinions in advance, gain their understanding and support, and strive to achieve the satisfaction of the masses after discussion and decision by members of collective economic organizations. It is not difficult to operate and implement what most people are firmly opposed to.
(5) The principle of adjusting measures to local conditions. According to the actual situation of the pilot, improve the registration of ownership and properly solve the remaining problems.
(six) the principle of taking districts, cities and counties as the main body. The pilot work of ownership registration is arranged in the province as a whole, guided in the city, and implemented by the specific organizations responsible for ownership registration by the districts, cities and counties.
Three. job objective
By steadily carrying out the pilot registration of rural land contractual management right, the contracted land, area, contract and ownership certificate will be fully implemented to households, and the contract relationship of existing land will be stably and permanently implemented, giving farmers more adequate and guaranteed rights to possess, use and profit from contracted land according to law.
Fourth, the scope of the pilot.
According to the unified arrangement in the province, Guang 'an District, as a pilot area for coordinating urban and rural reform at the provincial level, first carried out the registration of pilot rights confirmation. Huaying City, Yuechi County, Wusheng County and Linshui County should also select 2-3 village communities to carry out pilot projects, so as to lay the foundation for comprehensively carrying out ownership registration.
Verb (abbreviation of verb) pilot content
(a) to find out the area and spatial position of the contracted land. Comprehensively sort out and clean up the land contract files, and conduct a thorough investigation on the land contract situation. According to the results of the second national land survey, the signed land contract, the issued land contractual management right certificate and the registration results of collective land ownership, we will carry out the investigation of land contractual management right according to local conditions to find out the area, boundary and spatial position of contracted land. If there is a big error between the land contract status recorded in the existing land contract files and the actual measurement required by farmers, it should be measured and verified in a scientific and simple way. Only the measured results recognized by the masses and confirmed by the township and village publicity can be used as the basis for confirming, changing and canceling the land contract and confirming, changing and canceling the land contractual management right.
(two) to establish and improve the register of land contractual management rights. The rural land contract management department of the people's government at the county level shall establish and improve the land contract management right register according to the "Measures for the Administration of Rural Land Contract Management Right Certificate" and the principle of unified registration of real estate. If a register has been established, it is necessary to further verify and improve the area, boundary, land type and spatial position of the contracted land; If it has not yet been established, a register should be established on the basis of the existing land contract and certificate, according to the registration information such as the contracted land, area and spatial location confirmed according to law. Where conditions permit, the rural land contract management department can explore the implementation of basic farmland to households according to the relevant information provided by the land and resources department, and mark it on the land contract management right certificate. Pay close attention to the establishment of rural land contract management system to realize land contract information sharing.
(three) to carry out the registration and certification of land contractual management rights. On the basis of establishing and improving the register of land contractual management rights, the renewal and cancellation of land contractual management rights certificates will be carried out in a timely manner. Where the original certificate has been issued, it shall be recovered and the old certificate shall be replaced. If the contractor refuses to return the certificate of rural land contractual management right without justifiable reasons, the original issuing authority shall cancel the certificate according to law and make an announcement. After the registration of ownership, during the contract period, the land contractual management right is changed or lost due to the following circumstances. District, city and county rural land contract management departments shall, according to the application of the parties concerned, handle the change and cancellation of registration according to law and record them in the land contract management right register: First, the collective land ownership has changed; Second, the contracted land or area has changed due to the expropriation and occupation of the contracted land; Thirdly, the division of land contractual management right is caused by the division of contracted farmers' families; Fourth, the transfer or exchange of land contractual management rights; Fifth, the land contractual management right is merged due to marriage and other reasons; Sixth, the contracted land and area are inconsistent with the actual situation; Seventh, the loss of contracted land or the demise of contracted farmers; Eighth, the contracted land is adjusted or recovered by the employer according to law; Nine is other circumstances that need to be changed or cancelled according to law.
(4) Registration and certification of other contracting methods. Where rural land is contracted by means of bidding, auction and public consultation, the parties concerned shall apply for the registration of rural land contractual management right in accordance with the relevant provisions of the Measures for the Administration of Rural Land Contracted Management Right Certificate. After the audit by the district, city and county rural land contract management department, if it meets the relevant provisions of registration, it shall be reported to the people's government at the same level to issue a certificate of rural land contract management right according to law for confirmation.
(five) do a good job in the registration of land contractual management rights. Strictly implement the regulations on the management of land contract archives, adhere to the principle of hierarchical management and centralized custody, and establish and improve the system of sorting, filing, safe custody and public access. The ownership registration files shall be kept by the rural land contract management department and handed over to the national comprehensive archives at the same level on schedule according to law; Do not have the storage conditions, can be handed over in advance.
Working steps of intransitive verbs
(1) Establishing institutions. The registration of rural land contractual management right has strong policy, wide coverage and great social influence. The city set up a leading group for ownership registration headed by the government leaders in charge to supervise the ownership registration; The office of the leading group is located in the Municipal Bureau of Agriculture, which is specifically responsible for comprehensive coordination, formulation of implementation plans, formulation of operating procedures, preparation for holding arrangement meetings, and guidance for specific implementation. All districts, cities and counties set up a leading group for ownership registration headed by the main leaders of the government, which is specifically responsible for organizing the implementation of ownership registration. Townships and villages should also set up corresponding working institutions.
(2) Implementation personnel. The work of confirmation registration is very policy-oriented, technical and social, and it needs a backbone team that understands policies, is proficient in business and has a down-to-earth style. All localities should send comrades with excellent political and ideological skills, strong professional ability and serious and responsible work. In particular, the village community should select farmers who are familiar with the situation, have prestige among the masses and are fair in handling affairs to specifically engage in this work, and ensure that the registration of ownership is managed by people at all levels and done by people at all levels.
(3) Organize training. Through various forms and graded training methods, staff at all levels are trained in relevant laws, regulations, policies and businesses. Business leaders and backbones of the main training areas, cities and counties in our city; All districts, cities and counties train township cadres and staff, so that staff at all levels can accurately understand and grasp the policy boundaries and clarify the operating rules and norms.
(4) Publicity and mobilization. The rural land contract management department shall, jointly with the propaganda department, carefully formulate the propaganda plan, determine the propaganda content and draw up the propaganda outline. It is necessary to take radio, television, newspapers, internet, slogans, open letters and other forms that farmers like, and vigorously carry out publicity on the purpose, significance and content of the registration of confirmation of rights, so that farmers can fully realize that the registration of confirmation of rights is not only the requirement of implementing the policies and laws of the party and the state, but also the need to safeguard their own rights and interests, thus stimulating farmers' consciousness and initiative to participate.
(5) find out the base. Based on the results of the second national land survey, combined with the rural land contract, certificates and other archival materials, the plots, spatial positions and areas of farmers' existing contracted land were inspected and measured, and basic data and vector diagrams were formed as the original materials for the confirmation and certification.
(6) Review and improvement. Review the inventory situation, plan the location of the contracted land, and prepare the land contractual management right register after publicity without objection. Ownership disputes should be resolved through consultation between the parties and rural mediation; If no agreement can be reached, it can be settled by arbitration, litigation, etc., and then the registration of land contractual management right is improved.
(7) Registration and certification. According to the contents of the rural land contractual management right register, enter the rural land contractual management system door by door, make (print) the rural land contractual management right certificate after examination and timely distribute it to households, so as to truly achieve clear ownership, standardized contract, complete warrants, perfect account books and clear responsibilities.
(8) filing. In accordance with the requirements of the Measures for the Administration of Rural Land Contract Management Right Certificate and the Opinions of the Ministry of Agriculture and the State Archives Bureau on Strengthening the Management of Rural Land Contract Archives, paper documents such as ownership registration list, contract and register book are classified and filed, and relevant contents are entered into the rural land contract management system.
(9) Summary and acceptance. All districts, cities and counties should conduct a comprehensive self-examination and careful summary of ownership registration; On the basis of self-examination in all districts, cities and counties of the city, an assessment and acceptance group will be formed to check and accept the pilot work of ownership registration. Where the inspection and acceptance is unqualified, it is necessary to urge improvement and organize acceptance.
Seven. Schedule
(1) Organization preparation stage (September 20 12 to June 0/kloc-0). Complete the establishment, publicity, training, research and planning of institutions. The implementation plan of the pilot work of the right registration formulated by all districts, cities and counties should be reported to the people's government at the same level for approval before 10+05, and reported to the Municipal Agriculture Bureau for the record.
(2) Early pilot stage (20 12, 10 to 12). Complete on-site demarcation, inventory measurement, mapping, posting, establishment of register, registration and certification, filing and other work. Seriously solve the contradictions and disputes in the pilot, sum up the experience of the pilot, and lay a solid foundation for the comprehensive opening.
(3) Full launch stage (20 13 to 10). Guide Guang 'an District to comprehensively push forward the registration of ownership confirmation to ensure that the registration and certification rate reaches over 90%; Urge other counties and cities to promote the registration of ownership confirmation.
(4) Summarize the acceptance stage (20 13 1 1 to 12). Counties and townships carry out self-examination and summary, the city conducts assessment and acceptance of local pilots, and the province organizes spot checks and acceptance.
After the start of the pilot work, all districts, cities and counties shall submit a written report on the development of the pilot work of ownership registration to the Municipal Bureau of Agriculture at the end of each quarter.
Eight. Division of responsibilities
The Municipal Bureau of Agriculture is responsible for studying the major issues of the pilot registration of rural land contractual management rights, formulating specific work plans and organizing the implementation of the pilot; Responsible for coordinating management and other daily work, organizing inspection and acceptance, and summarizing promotion experience.
The Municipal Finance Bureau is responsible for providing financial guarantee in accordance with relevant regulations; Participate in the inspection and acceptance of the pilot work.
The Municipal Bureau of Land and Resources is responsible for coordinating the registration and certification of rural collective land ownership, and providing the results of the second national land survey for the registration of land contractual management rights free of charge; Provide basic farmland information; Participate in the inspection and acceptance of the pilot work.
The Municipal Agriculture Commission is responsible for studying the new situation and new problems faced by rural areas in the new period, and strengthening the policy guidance for the pilot work of registration; Participate in the pilot related work and participate in the inspection and acceptance of the pilot work.
The Legislative Affairs Office of the municipal government is responsible for studying the relevant laws and policies on the registration of land contractual management rights, putting forward handling opinions and resolving contradictions through consultation and mediation; Participate in the inspection and acceptance of the pilot work.
The Municipal Archives Bureau shall guide the filing of the registration documents of land contractual management rights; Participate in the inspection and acceptance of the pilot work.
Other relevant departments should actively cooperate, coordinate with each other and earnestly perform their duties.
Nine. Capital guarantee
In order to ensure the smooth progress of the pilot registration of land contractual management rights, the funds required for the registration of land contractual management rights are mainly included in the fiscal budget at the corresponding level; Where there is a shortage of funds in the districts, cities and counties with weak financial resources, the people's governments of the districts, cities and counties shall make overall plans to solve the problem through the transfer payment arranged by the financial departments at higher levels. The pilot work of confirming the registration of rural land contractual management right shall not charge farmers. According to Decree No.33 of the Ministry of Agriculture, the rural land contractual management right certificate is uniformly printed by the province.
After the issuance of this notice, the Notice of Guang 'an Agriculture Bureau, Guang 'an Finance Bureau, Guang 'an Land and Resources Bureau, Guang 'an Agriculture Committee, Guang 'an Municipal Government Legislative Affairs Office and Guang 'an Archives Bureau on Launching the Pilot Work of Rural Land Contract Management Registration (Guang 'an Agricultural Development [201] No.39) shall be abolished at the same time.
Attachment: Leader of the pilot work of registration of rural land contractual management right in Guang 'an.
Group and office
attachment
Pilot work of rural land contractual management right confirmation registration in Guang 'an City
Leading group and office
I. Leading Group
Leader: Vice Mayor of Gan Yongde Municipal Government
Deputy Head: Deputy Secretary General of Yang Yi Municipal Government
Director of Zheng Agricultural Bureau
Member: He Jianping, head of discipline inspection department of Agriculture Bureau.
Wang hong, Deputy Director of Propaganda Department of Municipal Party Committee and Director of Foreign Publicity Office.
Deputy director of Jiang finance bureau
Deputy Director of Hualin Municipal Bureau of Land and Resources
Dong Qizhi, Deputy Director of Agriculture Working Committee of Municipal Party Committee
Deputy Director of Legislative Affairs Office of Jiang Ziping Municipal Government
Deputy director of Zhou archives
Inspector of Wang Liming Bureau for Letters and Calls
Head of Discipline Inspection Team of Li Qinggui Justice Bureau
Yang Yunxiang, member of the party group of the Water Affairs Bureau and director of the Flood Control Office.
Head of Discipline Inspection Team of Justin Forestry Bureau
Second, the office.
Chairman: He Jianping, head of discipline inspection department of Agriculture Bureau.
Deputy Director: Yang Mingbing, stationmaster of Agricultural Economics Station of Agriculture Bureau.
Member: Chief, Agriculture Section, Finance Bureau of Qingxin City
Li Xiping, Chief of Cadastral Section, Bureau of Land and Resources.
Director of Policy Research Office of Agriculture Working Committee of Tang Jingting Municipal Committee
Chief, Administrative Law Enforcement Supervision Section, Legislative Affairs Office of Shu Ning Municipal Government
Xiong Jiurong, Chief of Business Section of Archives Bureau