Questions about the time of submission for approval
The conversion of agricultural land, land expropriation, and land transfer are not part of the industrial reform project and are not included in the examination and approval hall. There is no time regulation other than the statutory time. The natural resources department only has the function of reviewing and approving the land allocation procedures, and the review commitment time is 5 working days.
II. II. IIIssues related to land indicatorsThe first is the scale indicator. It is the total size of land given during the land planning period (the general planning period is 15 years). This indicator is a one-time indicator given when doing territorial spatial planning, and it must fall on each plot on the planning map.
The second is the annual construction land index. It is also called the annual construction land plan index. It is the total size indicator that is used by year (for example, the scale indicator and the annual plan indicator are the relationship between wholesale and retail). This indicator is that at the beginning of each year, the state reaches the provinces, and the provincial level reaches each prefecture and city. Generally, more than half of the indicators at the provincial level are reserved for key projects, and the other half is distributed to various cities. At the prefectural and municipal levels, it is generally coordinated and controlled.
The third is the balance of compensation and compensation. It is also called the supplementary cultivated land index. This indicator is based on a provision that must be complied with in China's implementation of the balance system of occupation and compensation, that is to say, if a construction project occupies 1 mu of cultivated land, 1 mu of cultivated land must be reclaimed first. This indicator is the value of the area of unused land reclaimed into cultivated land by the local ** through land consolidation, and this indicator can be traded. If the local ** indicator is rich, it can be purchased from the field**, and if not, it can be purchased from the field.
Fourth, the linked index. The linked index is a land use policy implemented by the state to link the increase and decrease of urban and rural construction land. That is, the rural construction land (mainly referring to the land used in rural residential areas) decreases, the urban construction land increases, and the overall construction land area remains unchanged. The peg indicator is a complement to the scale indicator. The land submitted for approval using this indicator will no longer apply for the annual plan index, no longer use the cultivated land occupation and compensation balance index, and do not need to pay the cultivated land reclamation fee and the paid use fee for new construction land.
ThreeOn the issue of the convergence of territorial spatial planning
The land use master plan (2006-2020) has expired by 2020, and a new round of land and spatial planning has now been launched. Before the approval of the territorial spatial planning takes effect, if there is a new project land, it will be included in the new territorial spatial planning, and the commitment system will be implemented and submitted for approval according to the plan, which saves the time for approval. If the land is still submitted for approval according to the original land use master plan, assuming that the project land does not conform to the overall land use plan, then the original land use master plan must be adjusted before it can be submitted for approval, but now the commitment system is implemented, even if it does not conform to the original plan, there is no need to make planning adjustments, and the procedure of adjusting the plan is omitted. The scale of construction land such as transportation, water conservancy, and energy at or above the provincial level shall be issued by the province alone.
FourScope of land taxation
In any of the following circumstances, if it is truly necessary to expropriate land owned by peasant collectives for the sake of the public interest, expropriation may be carried out in accordance with law:
1.Military and diplomatic need for land;
2.The construction of energy, transportation, water conservancy, communications, postal and other infrastructure needs to be implemented by the first organization;
3.Land is needed for public undertakings such as science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, community comprehensive services, social welfare, municipal public utilities, preferential care and resettlement, and protection of martyrs
4.The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by ** requires land;
5.Within the scope of urban construction land determined by the overall land use plan, land is needed for the development and construction of a piece of land organized and implemented by the local people's ** at or above the county level with the approval of the people at or above the provincial level;
6.Other circumstances where the law provides that land owned by peasant collectives may be expropriated for the public interest.
FiveApproval authority for land acquisition
The expropriation of the following land shall be approved by ***:
1.Permanent basic farmland;
2.Cultivated land other than permanent basic farmland exceeds 35 hectares;
3.Other land of more than 70 hectares.
The expropriation of land other than those provided for in the preceding paragraph shall be approved by the people of the provinces, autonomous regions and municipalities directly under the Central Government.
SixScope of land allocation
The use of state-owned land by the construction unit shall be acquired by way of paid use such as transfer;However, the following construction land, with the approval of the people at or above the county level in accordance with the law, can be obtained by allocation:
1.Land for state organs and military land;
2.Land for urban infrastructure and public welfare;
3.Land for energy, transportation, water conservancy and other infrastructure supported by the state;
4.Other land use as provided for by laws and administrative regulations.
The specific projects are subject to the "Catalogue of Allocated Land".
SevenThe problem of illegal land occupation
Implement restrictive restrictive land use procedures for illegal land use projects formed by unapproved construction:
1.After June 30, 2020, new illegal land use projects formed without approval for prior use will be strictly investigated and punished, and all kinds of supplementary land use procedures will be stopped
2.Before June 30, 2020, if the unapproved first use involves provincial and municipal key projects and important livelihood projects that really need to go through the land use procedures, the local ** shall make an explanation and promise, and if it is determined that it meets the requirements after review, the land use procedures shall be reissued;
3.All illegal land use projects involving cultivated land must be seriously dealt with in accordance with laws and regulations, and compensation for land acquisition and land transfer fees and related taxes and fees must be collected from a new level, so that violators will pay higher costs and costs. The confirmation of the investigation and punishment of illegal acts shall be subject to the consent of the Jinan Bureau of the National Natural Resources Inspectorate.
EightThe problem of "three zones and three lines" in territorial spatial planning
"Three zones" (three types of space).
1.Urban space: the land space with the production and living of urban residents as the main function, including urban construction space, industrial and mining construction space, and the development and construction space of some township-level ** stations.
2.Agricultural space: The land space that takes agricultural production and rural residents' livelihood as the main function and undertakes the functions of agricultural product production and rural life, mainly including agricultural production land such as permanent basic farmland and general farmland, as well as rural living land such as villages.
3.Ecological space: land space with natural attributes and the main function of providing ecological services or ecological products, including forests, grasslands, wetlands, rivers, lakes, tidal flats, wastelands, deserts, etc.
"Three lines" (three lines of control).
1.Ecological protection red line: It is an area with special and important ecological functions within the scope of ecological space that must be strictly protected, and is the bottom line and lifeline of ensuring and maintaining national ecological security.
2.Permanent basic farmland protection red line: It is the spatial boundary of cultivated land that shall not be occupied, shall not be developed, and shall be permanently protected, determined in accordance with the demand for agricultural products of the population and social and economic development in a certain period.
3.Urban development boundary: the geographical spatial boundary that can be carried out for urban development and centralized construction within a certain period of time, including the current built-up area of the town, the optimized development area, and the area that must be controlled by planning due to the needs of urban construction and development.
NineReal estate policy regulation issues
1.From the approval end of construction land, residential and commercial land should be moderately tightly controlled, and the acceptance of residential and commercial land applications in the city where the residential and commercial land removal period exceeds 18 months and the non-residential removal period exceeds 36 months (this information is provided by the housing and urban-rural development department) will be suspended in principle. Projects that do not fall within the scope of regulation and control or have special circumstances shall be explained by the local government and submitted to the provincial government for approval.
2.Affordable housing projects, shantytown renovation projects and public rental housing land are not affected by the regulatory policies.
Individually sited projects
Separate site selection projects include transportation, energy, water conservancy and other infrastructure projects, which can be submitted for approval separately, and the land use unit is responsible for the report on overlying mineral deposits and geological hazard assessment.
ElevenExplanation of land acquisition costs
1.Land requisition compensation. Including land compensation, resettlement subsidy, seedling compensation, and compensation for above-ground attachments.
Including land compensation, resettlement subsidy, seedling compensation, and compensation for above-ground attachments. The land acquisition price includes land compensation and resettlement subsidies. The distribution plan for land compensation and resettlement subsidies shall be formulated by the village collective. Compensation for seedlings and above-ground attachments is paid to the owner. The inventory of above-ground attachments shall be counted and accounted for by the Municipal Collection Center. The financial department shall allocate the land price of the expropriation area approved by the natural resources department and the compensation for attachments approved by the expropriation center to the township ** and sub-district office where it is located. It is allocated by the township ** and sub-district offices to the village group where it is located.
2.Compensation for the resumption of state-owned land. There are two ways to reimburse this cost. The first way is to implement the Regulations on the Expropriation and Compensation of Houses on State-owned Land. If the house is expropriated in accordance with the law, the state-owned land use right shall be recovered at the same time. The work is compensated by a third party commissioned by the Municipal Expropriation Center, which includes housing and land. The second way is to implement it in accordance with the Land Management Law. If the natural resources department entrusts a third party to assess and compensate, if it belongs to the transferred land, the market price of the transferred land shall be assessedIt belongs to the allocation of land, the assessment is the equity price of land allocation, and the compensation funds for state-owned land are raised by the municipal finance department and allocated to the township and sub-district offices.
3.Cultivated land reclamation fees. The fee is paid to the Municipal Finance and Non-Tax Bureau. 11-13 yuan per square meter. If it belongs to the batch of land, it shall be borne by **, and if it belongs to the landowner, it shall be paid by the landowner.
4.Paid usage fee for new construction. 20 yuan per square meter. The fee is paid by the municipal treasury and paid to the provincial treasury.
5. Cultivated land occupation tax. The fee is paid to the Municipal Taxation Bureau. 22 yuan per square meter. If it belongs to the batch of land, it shall be borne by the ** (paid by the Municipal Land Reserve Center), and if it belongs to the landowner, it shall be paid by the landowner.
6.Social security premiums (social security premiums for land-expropriated farmers). The fee shall be allocated by the municipal finance department to the special account of the social security premium of the Municipal Human Resources and Social Security Bureau. Pingdingshan Municipal Human Resources and Social Security Bureau has a social security letter with social security premiums.
7.Deed. This fee is a fee paid by the land owner to the Municipal Taxation Bureau when applying for the real estate certificate after the land transfer is completed. The payment rate is 4% of the land transfer price.