With the social progress and economic development of our country, the direction of population flow between urban and rural areas is also changing, and the pressure on urban housing is increasingShi Xining, director of Beijing Jingkang Law Firm, co-director of the Institute of Property Rights and Land System of Northwest University of Political Science and Law, and distinguished professor of the School of Law of Northwest University of Political Science and LawI would like to talk to you about the topic of the abolition of the restriction on "non-farming" of household registration.
1. Why is there an increasing number of peasants who have the idea of returning to the countryside?
As more and more farmers choose to return to the countryside to build houses, urban residents also have the need to buy rural property rights. However, the existence of the restriction on "non-farming" of the hukou restricts many people from enjoying the rights and interests of rural homesteads and farmhouses. In fact, the homesteads and farmhouses in the countryside are the "roots" of the peasants, and this sentence is not a joke. This is not only because homesteads and farmhouses are the most important primitive accumulation of peasants, but also because rural houses are also an important reliance for peasants in the face of emergencies. Moreover, there are not a few citizens who want to go to the countryside to buy property.
2. What conditions need to be met for non-agricultural conversion
1 After the end of military service, you need to relocate your household registration.
2 After graduating from university, you have not found a suitable job in a short period of time.
Many rural college students go out to school and move out of their hukou to become "collective households" in schools. However, when I moved back after graduation, I found that I had become an urban hukou and could not be converted to an agricultural hukou. Therefore, some localities stipulate that those who have moved out of their household registration during school years and have not found a regular job in the city and are now living in the countryside can apply for a collective household registration as a "non-farmer".
3. Owning a homestead in a rural area and owning it to oneself.
4. If one of the husband and wife has a household registration in the countryside, they can take refuge and settle down.
As long as one of the above conditions is met, it is also necessary to obtain a certificate of acceptance from the local village committee. For example, in Sichuan, if it is a non-agricultural hukou, but if the immediate family members in the rural area have the rights and interests related to the homestead, they can move back to the village collective, but there are not many such cases.
In some areas, for those who apply for "non-farming", they may need to provide proof of rural life and work, such as proof of social security payment, labor contract, rental contract, etc., to ensure that they meet the relevant regulations. If these materials do not meet the requirements, "non-farming."'There is a good chance that it will be canceled. For example, some areas stipulate that when farmers go to work in cities, they must go through the formalities of settling down with the people of the town where their household registration is located** in order to obtain the status of permanent residents in urban areas. In addition, some regions may impose restrictions on the frequency and number of applications for "non-farming", such as setting a cap on the number of people who can move in to each township each year.
3. How to handle non-agricultural transfers
1.Supporting materials to be submitted to the public security organs for the handling of "non-farming transfer": The written application report must be signed and agreed by two-thirds of the households or more than 70% of the villagers in the villager group, and the village group and village committee agree to accept the certificate;"Hukou Booklet" and "ID Card";
2.Just go to the local police station to handle it.
To sum up, with the development of society and the change of policies, our perspective on the hukou issue is also changing. Whether it is people who have moved from the countryside to the city or those who have returned to the countryside from the city, they are all looking for a lifestyle and development path that suits them. In this process, the state has also issued more policies to provide them with more flexible and diverse options and opportunities, as a team of demolition lawyers, we not only focus on demolition cases, but also focus on sharing such policies with clients.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and Xi in order to calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.