Of course, permanent basic farmland can be planted with vegetables, and greenhouses can also be built, and there are currently no laws and policies stipulating: it is strictly forbidden to occupy permanent basic farmland to grow vegetables. However, in recent years, due to the wrong understanding and inaccurate grasp of relevant policies, some problems have arisen that hurt farmers.
Laws
Article 33 of the Land Management Law: The State implements a permanent basic farmland protection system. The following cultivated land shall be classified as permanent basic farmland in accordance with the overall land use plan and shall be strictly protected: (3).Vegetable production base。Article 10 of the Regulations on the Protection of Basic Farmland: The following cultivated land shall be classified as a basic farmland protection zone and strictly managed; (c).Vegetable production baseInterpretation:Permanent basic farmland includes vegetable production bases.
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policy
On November 4, 2020, the "Opinions on Preventing the "Non-Grain" Conversion of Cultivated Land to Stabilize Grain Production (Guo Ban Fa 2020 No. 44) issued by the General Office of ** proposed: permanent basic farmland is high-quality cultivated land demarcated in accordance with the lawFocusIt will be used to develop grain production, especially to ensure the planting area of the three major cereals of rice, wheat and corn. On November 27, 2021, the Ministry of Natural Resources, the Ministry of Agriculture and Rural Affairs, and the National Forestry and Grassland Administration issued the Notice on Issues Concerning the Strict Control of Cultivated Land Use (Natural Resources Development [2021] No. 166), which proposes that the scope of permanent basic farmland shall be demarcated in accordance with Article 33 of the Land Management LawStatus quo speciesplantCotton, oil, sugarNon-food crops such as vegetables can remain unchangedIt can also be combined with the relevant policies of national and local grain subsidies to guide the adjustment to the planting of grain crops. Interpretation:Permanent basic farmland is the "focus"."Priority""Mainly" is used to grow grain, not "only" to grow grain, but can also grow other crops, including vegetables.
Ground type
Before 2001, "vegetable land" was a separate subcategory of cultivated land, which was a land type juxtaposed with paddy fields (irrigated paddy fields + Wangtian fields) and dry land (irrigated land + dry land), generally referring to cultivated land dominated by vegetables, including greenhouses, vegetable greenhouses, etc.
The definition of irrigated land in the Classification of Land Use Status (GB T21010-2017) is: refers to the cultivated land that can be irrigated and planted with xerophytic crops (including vegetables) in normal years with water source guarantee and irrigation facilities, including non-factory greenhouse land for growing vegetables. Interpretation:Greenhouses and greenhouses that use surface cultivated land to grow vegetables are managed according to cultivated land, not according to facility agricultural land.
Clear
In response to the different policy understandings of growing vegetables on permanent basic farmland, on October 8, 2023, the Department of Natural Resources of Hebei Province and the Department of Agriculture and Rural Affairs issued the "Notice on Further Regulating Agricultural Land for Vegetable Planting Facilities", which clarified the relevant specific issues:
The construction of sheds that directly use the surface of cultivated land to grow vegetables, does not change the type of cultivated land, does not distinguish between materials, and can occupy permanent basic farmland that can occupy general cultivated land and the current situation of planting open-field vegetables, without the need to implement the balance of cultivated land in and out, and do not need to record the facility agricultural land. In vegetable planting facilities, greenhouses, large, medium and small arched sheds, multi-story greenhouses, multi-building greenhouses, digging greenhouses, etc., which are built using various materials, and the surface tillage layer is directly used to plant vegetables on the cultivated land in the shed, it shall be managed in accordance with the cultivated land. For non-agricultural construction, it shall be managed in accordance with the construction land.
Nursing houses, inspection and quarantine monitoring, pest prevention and control, straw treatment, agricultural machinery sheds and organic fertilizer treatment sites, as well as auxiliary facilities such as drying and drying, sorting and packaging, and preservation and storage directly related to the production of agricultural products, shall be managed in accordance with the facility agricultural land.
Interpretation:Hebei's document is not a policy innovation, but a clarification of some policies with vague provisions and different understandings. To put it simply, it is possible to grow vegetables on permanent basic farmland, and greenhouses of various materials can be built, but auxiliary facilities should be managed according to the agricultural land of the facility.