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Measures of Shanxi Province for Implementing the Land Administration Law of the People's Republic of China
Chapter I General Principles
Article 1 In order to implement the Land Administration Law of the People's Republic of China (hereinafter referred to as the Land Administration Law), these Measures are formulated in light of the actual situation of this province.
Relevant regulations:
Article 2 Land in the whole province is divided into state-owned land and land collectively owned by farmers according to law.
No unit or individual may occupy, buy or sell or illegally transfer land in other forms. Land use rights can be transferred according to law.
In order to meet the needs of public interests, the state may expropriate land collectively owned by farmers according to law.
Article 3 The whole province must implement the basic national policy of cherishing, rationally utilizing land and effectively protecting cultivated land.
People's governments at all levels must strictly implement land management laws and regulations, strengthen the management of land resources and assets, and resolutely stop illegal occupation of land.
The land administrative department of the fifth provincial people's government is responsible for the unified management and supervision of the land in the province. The land administrative departments of the regional administrative offices and the people's governments at the city and county levels divided into districts shall be responsible for the unified management and supervision of land within their respective administrative areas.
Article 6 The people's governments at or above the county level or the land administrative departments shall give awards to units and individuals who have made outstanding achievements in protecting and developing land resources, rationally utilizing land, and conducting relevant scientific research, as well as units and individuals who have made meritorious contributions in reporting land violations.
Chapter II Ownership and Use Right of Land
Article 7 Where the land collectively owned by peasants is contracted for operation or used for non-agricultural construction according to law, the land contracting operators and users shall apply to the land administrative department of the people's government at the county level where the land is located, and the people's government at the county level shall register it, issue a collective land use certificate and confirm the right to use it.
Chapter III Overall Land Use Planning
Eleventh provincial people's government to prepare the overall land use planning, should ensure that the total amount of cultivated land within the administrative area of this province is not reduced.
The total amount of construction land in the overall land use planning compiled by the people's governments at all levels shall not exceed the control index determined by the overall land use planning at the next higher level, and the amount of cultivated land shall not be lower than the control index determined by the overall land use planning at the next higher level.
Twelfth county and township land use planning should be divided into land use areas according to land use.
Land use areas are divided into basic farmland protection areas, general farmland areas, forestry areas, animal husbandry areas, urban construction areas, village and market town construction areas, independent industrial and mining areas, natural and cultural landscape protection areas, land reclamation areas, prohibited reclamation areas, land consolidation areas, etc.
The use of each piece of land determined in the overall land use planning of a township (town) shall be announced by the people's government of the township (town) or village where the land is located.
Thirteenth overall land use planning to implement the grading examination and approval system.
The overall land use planning of the whole province shall be compiled by the provincial people's government to organize the land administrative departments at the corresponding level and other relevant departments, and shall be submitted to the State Council for examination and approval in accordance with the regulations.
The overall land use planning of Taiyuan City and Datong City is organized and compiled by the people's governments of Taiyuan City and Datong City, and after being audited by the provincial people's government, it is reported to the State Council for approval in accordance with the regulations; The overall land use planning of other cities and regions divided into districts shall be organized by the Municipal People's Government and the regional administrative office and submitted to the provincial people's government for examination and approval.
The overall land use planning at the county level shall be organized by the people's government at the corresponding level, and shall be submitted to the provincial people's government for examination and approval after being audited by the municipal people's government with districts or the regional administrative office.
The overall land use planning at the township level shall be compiled by the land administrative department of the people's government at the county level jointly with the people's government at the township level. After being audited by the people's government at the county level, it shall be submitted to the municipal people's government with districts or the regional administrative office for examination and approval, and shall be submitted to the land administrative department of the provincial people's government for the record.
Fourteenth people's governments at all levels should strengthen the management of land use planning and control the total amount of construction land.
The annual land use plan includes agricultural land conversion plan index, cultivated land retention plan index and land development and consolidation plan index.
Once the annual land use plan is approved and issued, it must be strictly implemented. No new construction land shall be approved if there is no planned target for agricultural land conversion or if it exceeds the planned target.
If the compensation system for cultivated land occupied by construction is not strictly implemented or the planned indicators of land development and consolidation are not completed, the planned indicators of agricultural land conversion in the next year will be reduced.
After approval, the saved agricultural land conversion plan indicators can be carried forward to the next year for continued use.
Article 15 People's governments at all levels shall list the implementation of annual plans for land use, such as occupied cultivated land and newly reclaimed cultivated land, as the content of the implementation of annual plans for national economic and social development, and report to the people's congress at the same level.
Chapter IV Protection of Cultivated Land
Article 16 People's governments at all levels shall strictly control the occupation of cultivated land by non-agricultural construction projects. The site selection and design of construction projects should make use of wasteland as much as possible, and not occupy or occupy less cultivated land. If it is really necessary to occupy cultivated land, it must be reclaimed according to the approved supplementary cultivated land plan and the following provisions:
(a) within the scope of urban construction land determined by the overall land use planning, the municipal and county people's governments shall be responsible for reclaiming cultivated land for the implementation of urban planning;
(two) within the scope of the construction land for villages and market towns determined by the overall land use planning, the rural collective economic organizations or villagers' committees organized by the township (town) people's governments are responsible for reclaiming cultivated land and implementing the planning of villages and market towns;
(three) in addition to (a) (two) other than energy, transportation, water conservancy, mines, military facilities and other construction projects occupy cultivated land, the construction unit is responsible for reclamation of cultivated land.
Newly reclaimed cultivated land shall be checked and accepted by the land administrative department of the provincial people's government in conjunction with the provincial agricultural administrative department.
If there are no conditions to reclaim cultivated land or the experience of reclaimed cultivated land does not meet the requirements, the land reclamation fee must be paid to the people's government of the city or county where the occupied land is located according to eight to twelve times the average annual output value of the cultivated land in the three years before it is occupied, and the people's government of the city or county will organize the reclamation.
Seventeenth people's governments at all levels should establish a basic farmland protection system, according to the basic farmland protection index issued by the superior, delimit the basic farmland protection areas within their respective administrative areas.
People's governments at all levels shall implement target management for the protection of basic farmland, establish a target responsibility system for the leadership term, and the people's governments at higher levels shall conduct regular inspections.
Article 18 If the approved non-agricultural construction occupies cultivated land and the construction has not started for more than one year and two years since the date of approval, the land idle fee shall be paid to the people's government of the city or county where the land is located according to two to four times the average annual output value of the three years before the land is converted into construction land; If it has not been used for two consecutive years, the people's government that originally approved the land use shall recover the land use right of the land-using unit free of charge according to law; Land originally owned by farmers' collectives shall be handed over to the former rural collective economic organizations to resume farming.
Nineteenth units and individuals that develop state-owned barren hills, wasteland and wasteland with undetermined land use rights at one time according to law shall be submitted to the provincial people's government for approval. If the area is less than 100 hectares and less than 20 hectares, it shall be approved by the municipal people's government with districts or the regional administrative office; Twenty hectares or less shall be reported to the people's government at the county level for approval.
No unit or individual may sign a land use agreement with rural collective economic organizations to develop land without authorization.
Twentieth due to excavation, subsidence, occupation and other land damage, land units and individuals shall be responsible for reclamation in accordance with the following provisions:
(a) the preparation of reclamation planning, reclamation plan, and report to the land administrative departments of the people's governments at or above the county level for approval;
(two) in accordance with the approved reclamation plan for reclamation.
After the completion of reclamation, it shall be reported to the land administrative department that approved the reclamation design scheme for acceptance.
Article 21 Units and individuals with reclamation obligations who have no conditions for reclamation or whose reclamation does not meet the requirements shall pay land reclamation fees to the land administrative departments of the people's governments at or above the county level according to the standard of more than 10 yuan and less than 20 yuan per square meter, which shall be used exclusively for land reclamation. Reclaimed land should be given priority to agriculture.
Twenty-second any unit or individual that causes land damage shall, in addition to reclamation, pay land compensation fees and compensation fees for attachments on the ground to the units or individuals that have suffered losses. The compensation standard for land loss shall be handled with reference to the provisions on land requisition compensation, and the compensation for the loss of ground attachments shall be agreed upon by both parties.
Chapter V Land for Construction
Article 23 If it is really necessary to occupy agricultural land for the construction of cities, villages and market towns, it shall conform to the agricultural land conversion indicators and urban planning, village and market town planning determined in the overall land use planning and the annual land use plan.
If a construction project with a separate site really needs to occupy agricultural land, it must meet the following conditions in addition to the conditions specified in the preceding paragraph:
(a) the construction projects with separate sites must be energy, transportation, water conservancy, mines and other projects approved by the State Council and roads, pipelines and large-scale infrastructure projects approved by the provincial people's government;
(two) the project site is really unable to avoid agricultural land.
Twenty-fourth construction land, involving the conversion of agricultural land into construction land, shall go through the formalities for examination and approval of agricultural land conversion.
Roads, pipeline projects and large-scale infrastructure construction projects approved by the provincial people's government and construction projects approved by the State Council, which involve the conversion of agricultural land into construction land, shall be reported to the State Council for approval in accordance with regulations.
In the construction of cities (including towns), if agricultural land is converted into construction land for the implementation of the overall land use planning within the determined land use scale, except for Taiyuan City and Datong City, which are reported to the State Council for approval in batches according to the annual land use plan, other cities are approved by the provincial people's government.
In the construction of villages and market towns, if agricultural land is converted into construction land for the implementation of the overall land use planning within the scope of land use scale determined by the overall land use planning, the municipal people's government with districts or the regional administrative office shall examine and approve it in batches according to the annual land use plan.
Twenty-fifth construction projects that use the existing state-owned construction land in urban construction areas and the unused state-owned land determined by the overall land use planning shall go through the examination and approval procedures in accordance with the following authorities;
(a) the construction project occupies more than five hectares of land, approved by the provincial people's government;
(II) Construction projects occupying more than one hectare and less than five hectares of land shall be approved by the municipal people's government with districts or the regional administrative office and submitted to the provincial people's government for the record;
(three) the construction project occupies less than one hectare of land, approved by the people's government at the county level, the provincial people's government for the record.
Twenty-sixth land expropriation shall be handled according to the following procedures:
(a) the land administrative departments of the municipal and county people's governments shall, according to the overall land use planning, annual land use plan, national economic and social development plan and the land demand of key construction projects approved by the State Council, draw up land acquisition plans, and report them to the people's governments step by step after being approved by the people's governments at the corresponding levels;
(II) After the land requisition plan is approved according to law, it shall be organized and implemented by the people's government of the city or county where the land is requisitioned, and the organ that approved the land requisition, the approval number, the purpose, scope and area of the land requisition, the compensation standard for land requisition, the measures for the placement of agricultural personnel and the time limit for handling land requisition compensation shall be announced in the township (town) or village where the land is requisitioned. The right holder of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land certificate to the land administrative department of the people's government designated by the announcement;
(3) The land administrative departments of the people's governments of cities and counties shall, in accordance with the approved land acquisition plan, formulate specific land acquisition compensation and resettlement plans jointly with relevant departments, and make an announcement in the land-expropriated townships (towns) and villages to listen to the opinions of rural collective economic organizations and farmers. After the land requisition compensation and resettlement subsidy scheme is approved by the municipal and county people's governments, the land administrative departments of the municipal and county people's governments shall organize the implementation. Disputes over compensation standards shall be settled by the local people's governments at or above the county level through coordination; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. The dispute over land requisition compensation and resettlement will not affect the implementation of land requisition plan;
(four) the land unit shall pay all the expenses of land acquisition in full within three months from the date of approval of the land acquisition compensation and resettlement plan.
Twenty-seventh expropriation of land, land units to pay land compensation fees in accordance with the following standards;
(a) the expropriation of basic farmland (garden, fish pond, lotus pond as basic farmland), according to the compensation of eight to ten times the average annual output value of the cultivated land in the three years before the expropriation;
(two) the expropriation of cultivated land other than basic farmland, according to the compensation of six to nine times the average annual output value of the three years before the expropriation of cultivated land;
(three) the expropriation of pasture and grassland, according to the compensation of seven times the average annual output value of the land in the three years before the expropriation;
(four) the expropriation of forest land, compensation in accordance with the relevant provisions;
(five) expropriation of homestead, compensation in accordance with the compensation standard of adjacent cultivated land;
(6) Requisition of Gacha, barren hills, wasteland and wasteland shall be calculated at three to six times of the average annual output value of cultivated land in the village where the expropriated land is located;
(seven) expropriation of collective threshing floor, threshing floor and other production land, compensation in accordance with the original land category compensation standards.
Twenty-eighth expropriation of land, land units pay resettlement subsidies according to the following standards;
(a) the expropriation of basic farmland (garden, fish pond, lotus pond as basic farmland), according to the five to six times the average annual output value of the cultivated land in the three years before the expropriation of subsidies;
(two) the expropriation of cultivated land other than basic farmland, according to the subsidy of four to five times the average annual output value of the three years before the expropriation of cultivated land;
(three) the expropriation of grassland, grassland, can be five times the average annual output value of the land before the expropriation of subsidies;
(four) the expropriation of forest land, according to the relevant provisions of subsidies.
The resettlement subsidy for the expropriated cultivated land specified in the preceding paragraph shall not exceed 15 times of the average annual output value of the three years before expropriation.
Requisition of homestead, driving school, barren hills, wasteland, wasteland and threshing floor will not be given resettlement subsidies.
Article 29 The average annual output value of cultivated land in the three years before expropriation shall be calculated according to the following methods:
(a) the expropriated land shall report to the villagers' committee on the planting of cultivated land in the first three years;
(two) the township (town) people's government and villagers' committee where the land is expropriated shall announce the planting situation declared by the expropriated person in the expropriated village and listen to the opinions of farmers;
(three) the township (town) people's government and villagers' committee shall verify the declaration according to the opinions of farmers;
(4) The land administrative department of the people's government at or above the county level where the expropriated land is located shall calculate the output, output value and average annual output value of the cultivated land in the three years before expropriation according to the verified planting situation, the statistical statements of the statistical departments at the same level and the crop prices in the same period.
The calculation method of the average annual output value of other land in the three years before expropriation shall be handled with reference to the provisions of the preceding paragraph.
Article 30 In accordance with the provisions of Article 27 and Article 28 of these Measures, if the payment of land compensation fees and resettlement subsidies cannot maintain the original living standards of farmers who need resettlement, the resettlement subsidies may be increased with the approval of the provincial people's government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of the average annual output value in the three years before land acquisition.
Thirty-first expropriation of land, land units in accordance with the following standards to pay compensation for attachments and young crops on the expropriated land:
(a) buildings, structures and other attachments, can be given discount compensation in accordance with the relevant provisions, can also be given the same number and quality of attachments;
(two) young crops are calculated according to the output value of crops not exceeding one season;
(three) for trees that are conditionally transplanted, pay the labor cost of transplanting and the loss of seedlings. Can not be transplanted, in accordance with the relevant provisions of the price compensation;
(4) Fish, lotus root and pasture, etc. , in accordance with the relevant provisions of the price compensation.
After the land acquisition compensation scheme is announced, the trees planted by surprise and the attachments built by surprise will not be compensated.
Illegal occupation of buildings and other facilities on the land shall not be compensated.
Thirty-second people's governments at or above the county level shall strengthen the management of the real estate market, establish a land purchase and reserve system, regulate the total land supply, and guide the land demand with land supply.
Article 33 The assignment of the right to use state-owned land shall be carried out through bidding and auction. However, unless it is stipulated by the State Council and the provincial people's government that it can be sold by agreement.
Thirty-fourth to obtain land use rights and transfer real estate by means of allocation, an application shall be submitted to the land administrative department of the people's government at or above the county level, and the application shall be approved according to the provisions of Article 25 of these Measures. If the transfer is granted, the transferee shall go through the formalities for transferring the land use right and pay the transfer fee. If the people's government with the right of approval decides not to go through the formalities of transferring the land use right in accordance with the provisions of the State Council, the transferor shall turn over the land proceeds from the real estate transfer to the state.
If the land use right is obtained by allocation, when the real estate needs to be mortgaged, the land price must be evaluated and confirmed by a qualified land evaluation agency. After signing the contract with the mortgagee, the mortgagor shall register the mortgage according to the regulations. When the mortgagee realizes the mortgage right, he should pay the amount equivalent to the transfer fee of the land use right from the price of the mortgaged real estate, and then he can get priority compensation.
Where a unit that has obtained the land use right by allocation really needs to change the approved land use to engage in production and operation, it shall apply to the land administrative department of the people's government at or above the county level and report it to the people's government with the right of approval for approval. If the change is approved, the land use right transfer formalities shall be handled in accordance with the provisions, the land use right transfer fee shall be paid, and the land use right change registration shall be handled.
Thirty-fifth purchased public housing and affordable housing involving land use rights transactions, the land revenue must be paid to the land administrative departments of the people's governments at or above the county level according to law, and shall be turned over to the state finance.
Thirty-sixth state-owned land use rights investment or shares management measures and measures for the disposal of land assets in enterprise restructuring, formulated by the provincial people's government.
Article 37 Where a township (town) needs to use land collectively owned by peasants for the construction of public facilities and public welfare undertakings, it shall apply to the land administrative department of the people's government at the county level after examination by the township (town) people's government, and with the consent of the people's government at the county level, it shall be reported to the municipal people's government with districts or the regional administrative office for approval.
Rural collective economic organizations should use the construction land determined in the overall land use planning of townships (towns) to set up enterprises or set up enterprises with other units and individuals in the form of land use rights shares or joint ventures, which must conform to the overall land use planning and be strictly limited to the construction land of cities, villages and market towns determined in the overall land use planning; To use the land collectively owned by farmers of this collective economic organization, it is necessary to have the annual land use plan indicators, and apply to the land administrative department of the people's government at the county level with the relevant approval documents. With the consent of the people's government at the county level, it shall be reported to the municipal people's government or the regional administrative office for approval.
The use of land collectively owned by peasants of this collective economic organization by rural villagers for building houses shall be audited by the people's government of a township (town) and reported to the people's government at or above the county level for approval.
Collective construction land within a planned urban area shall conform to the overall land use planning and urban planning.
Where the above-mentioned types of land involve the occupation of agricultural land, the examination and approval procedures for the conversion of agricultural land shall be handled in accordance with the provisions of these measures.
Thirty-eighth meet one of the following conditions, you can apply for the right to use the homestead:
(a) the villagers with rural hukou have no homestead;
(two) the villagers with rural hukou have indeed been divided into households, and the existing homestead is lower than the household standard;
(three) the technical personnel recruited by the collective economic organizations have settled in the village;
(four) approved to return to their original place of residence, the need to build a house without a homestead;
(five) because of the need of public interest, there is no homestead after recovering the original homestead.
Rural villagers who apply for homestead after selling or renting houses shall not be approved.
Thirty-ninth rural villagers' homestead is calculated by households, and each household can only own one homestead. If there is more than one place, it shall be withdrawn.
The area standard of rural villagers' homestead is as follows:
(a) the per capita arable land in the plain area is below 0.067 hectares, and the residential land for each household does not exceed 133 square meters;
(two) the per capita arable land is more than 0.067 hectares, and the land used for building houses on Pingchuan land does not exceed 200 square meters per household; Building a house on a thin hillside can be appropriately relaxed, but the maximum is no more than 266 square meters.
Article 40 The energy, transportation, water conservancy, mines and other construction projects approved by the State Council and the roads, pipeline projects and large-scale infrastructure construction projects approved by the provincial people's government shall use the land within the construction land scale of cities, villages and market towns determined by the overall land use planning, and if it is really necessary to use the land outside the construction land scale of cities, villages and market towns determined by the overall land use planning, it must be strictly controlled.
After the approved key construction projects have obtained the land use right, the land-using units shall improve the land utilization rate and shall not idle the land.
Forty-first units and individuals engaged in agricultural, forestry, animal husbandry and fishery production and operation activities need to occupy land to build permanent buildings and structures, and shall go through the formalities for examination and approval of construction land according to law.
Chapter VI Supervision and Inspection
Forty-second land administrative departments shall supervise and inspect violations of land management laws and regulations, and investigate and deal with cases of illegal land.
Relevant regulations:
Forty-third land administrative departments should strengthen and improve the land supervision and inspection institutions, equipped with qualified full-time (part-time) staff and necessary equipment for handling cases.
Land management supervision and inspection personnel must be familiar with land management laws and regulations, be loyal to their duties and enforce the law impartially.
Relevant regulations:
Forty-fourth land administrative departments refuse to stop the ongoing illegal land activities, you can apply to the people's court to stop.
Forty-fifth land administrative departments to carry out supervision and inspection of land violations, public security, courts, supervision, planning, banking, industry and commerce, auditing, taxation and other relevant departments shall provide assistance.
The relevant units and individuals shall support and cooperate with the supervision and inspection conducted by the land administrative departments according to law, and provide convenience for their work, and shall not refuse or hinder the land management supervision and inspection personnel from performing their duties according to law.
Chapter VII Legal Liability
Forty-sixth in violation of the relevant provisions of these measures, under any of the following circumstances, the land administrative departments of the people's governments at or above the county level shall be punished in accordance with the provisions of Article 73 of the Land Management Law; If a fine is imposed, the amount of the fine shall be more than 5% and less than 50% of the illegal income:
(1) Transferring the allocated state-owned land use right without going through the formalities for transferring the land use right and paying the leasing fee for the land use right;
(2) When buildings and other attachments on the ground are sold or transferred as real estate, the state-owned land allocated within the occupied area fails to go through the procedures for transferring the land use right according to law (except that the State Council decided not to do so) and fails to pay the transfer fee for the land use right.
(3) exchanging the allocated state-owned land use right for houses, goods and shares at a fixed price without authorization, or carrying out joint construction or business activities with other units and individuals as a condition for cooperation and joint venture;
(four) in violation of legal conditions, unauthorized transfer of land use rights obtained by means of transfer;
(five) other acts of illegal transfer of land as stipulated by laws and regulations.
Relevant regulations:
Forty-seventh in violation of the relevant provisions of these measures, under any of the following circumstances, the land administrative departments of the people's governments at or above the county level shall be punished in accordance with the provisions of Articles 76 and 77 of the Land Management Law; Impose a fine, illegally occupy basic farmland, and impose a fine of not less than ten yuan but not more than thirty yuan per square meter; Illegal occupation of land other than basic farmland, a fine of five yuan to thirty yuan per square meter;
(1) occupying land without approval;
(two) more than the approved amount of land, accounting for more land;
(3) changing the location of the approved land or the land used in the four districts without authorization;
(four) more than the standard of homestead area stipulated in these measures, accounting for more land;
(five) illegal occupation of land by various deceptive means such as concealing the original construction land area and falsely reporting the registered population;
(six) other acts of illegal occupation of land as prescribed by laws and regulations.
Relevant regulations:
Forty-eighth in violation of the relevant provisions of these measures, under any of the following circumstances, the approval document is invalid, and the directly responsible person in charge and other directly responsible personnel who illegally approve the requisition and use of land shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) units or individuals that have no right to approve the requisition or use of land illegally approve the occupation of land;
(2) illegally approving the occupation of land beyond the approval authority;
(three) not in accordance with the overall land use planning to determine the use of land approval;
(4) Approving the occupation or requisition of land in violation of legal procedures;
(five) colluding with land units to conceal the real situation and approving land use;
(six) other acts of illegal approval of land use as prescribed by laws and regulations.
The land illegally approved for use shall be recovered, and if the parties refuse to return it, it shall be punished as illegal occupation of land.
Whoever illegally approves the requisition or use of land and causes losses to the parties concerned shall be liable for compensation according to law.
Forty-ninth unauthorized allocation of state-owned land that should be used for compensation, the documents approving the allocation are invalid, and the directly responsible person in charge and other directly responsible personnel who illegally approve the land use shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fiftieth people's governments that have not completed the target management responsibility index of basic farmland protection and the planned index of cultivated land retention for two consecutive years shall be given administrative sanctions by their superior competent authorities or administrative supervision organs.
Article 51 If, in violation of the relevant provisions of these Measures, the original approved use of construction land is changed for production and operation, the land administrative department of the people's government at or above the county level shall order it to go through the formalities for transferring the land use right within a time limit and pay the leasing fee for the land use right; If it is not handled within the time limit, it shall be ordered to return the land within a time limit, and a fine of not less than ten yuan but not more than thirty yuan per square meter may be imposed.
Article 52 If, in violation of the relevant provisions of these measures, the purchased public housing and affordable housing enter the market and involve the transaction of land use rights, and the land revenue is not paid to the land administrative department of the people's government at or above the county level, the land administrative department shall order it to pay within a time limit.
Article 53 Where a fine is imposed in accordance with Article 74 of the Land Administration Law, the amount of the fine shall be more than one time but less than two times the land reclamation fee.
Relevant regulations:
Fifty-fourth in violation of the relevant provisions of these measures, refused to fulfill the obligations of land reclamation, the land administrative departments of the people's governments at or above the county level shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to pay the reclamation fee, which shall be earmarked for land reclamation, and a fine of more than one time but less than two times the land reclamation fee may be imposed.
Fifty-fifth paid land use fees or other fees stipulated in these measures must be paid within the prescribed time limit. If the payment is not made within the time limit, a late payment fee of 1/1000 to 3/1000 of the unpaid amount will be charged on a daily basis. Refuses to pay, the land administrative departments shall apply to the people's court for compulsory execution.
Fifty-sixth in violation of the relevant provisions of these measures, not for the annual inspection of land ownership certificate, the land administrative departments of the people's governments at or above the county level shall order the annual inspection within a time limit; If the inspection fails, the land administrative department of the people's government at or above the county level shall order it to make corrections within a time limit. If no correction is made within the time limit, it shall be reported to the people's government that originally issued the certificate for approval and its certificate shall be declared invalid.
Fifty-seventh in violation of the relevant provisions of these measures, refuse or hinder the land management supervision and inspection personnel to perform their duties, the public security organs shall be punished in accordance with the relevant provisions of the regulations on administrative penalties for public security; If a crime is constituted, criminal responsibility shall be investigated according to law.
Relevant regulations:
Fifty-eighth land administrative departments staff dereliction of duty, abuse of power, corruption, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Chapter VIII Supplementary Provisions
Article 59 The Standing Committee of Shanxi Provincial People's Congress shall be responsible for the interpretation of these Measures.
Article 60 These Measures shall come into force as of the date of promulgation. 1 June 1 987+1October1day The Measures for the Implementation of Land Management in Shanxi Province adopted at the 22nd meeting of the Standing Committee of the Sixth People's Congress of Shanxi Province shall be abolished at the same time.