Gansu Provincial People's Government General Office on the issuance of Gansu Province rural land contracting right to confirm the registration of proof of the work program
Gan Zhengban Fa 〔2015〕 No. 27
Granches of the people's governments of the cities and autonomous prefectures, Lanzhou New District Administrative Committee, the relevant departments of the provincial government:
The Gansu Province Rural Land Contracting and Operation Right Confirmation, Registration and Certification Work Program" has been agreed by the provincial government, is hereby issued, please conscientiously implement.
Office of the People's Government of Gansu Province
March 2, 2015
(This is a public release)
Working Program for Confirming and Registering and Certifying the Right to Operate Rural Land Contracting
In order to effectively do a good job of advancing the entire province in confirming and registering and certifying the right to operate rural land contracting and management (hereinafter referred to as the "land right confirmation") work, combined with the pilot work in our province, the formulation of this program.
I. General Requirements
The work of confirming the right to land ownership in rural areas should be carried out on the premise of maintaining the stability of the existing rural land contracting relationship, checking the rural land contracting relationship as well as the area of the contracted land, the four boundaries and the spatial location of the contracted area, etc., perfecting the contract of contracting for rural land and the certificate of contracting right to operate according to the law, perfecting the system of registering the right to operate in the contracting of rural land and setting up an It has also established an information management system to computerize the management of rural land contracting, appropriately resolved the problems of inaccurate contracted land area, unclear boundaries, unclear spatial location, and incomplete registers, so as to give farmers fuller and more secure land contracting and management rights in accordance with the law.
All arable land in the province that is operated under family contracting by farmers should be subject to rights registration and certification. For arable land contracted by bidding, auction, public negotiation, etc., upon application by the parties concerned, in accordance with the "Management Measures for Rural Land Contracting and Management Rights Certificate" and other relevant provisions, to be certified and registered. Land such as collective construction land of villages and groups, residential land of farmers, collective motorized land, forest land and grassland are not included in the scope of this right confirmation and registration and issuance of certificates. Rural land contract management rights, combined with the actual situation in our province, are to confirm the right to the household to the ground. If you really need to determine the right to determine the shares do not determine the land, must be reported to the provincial leading group of rural land registration work review and approval.
From 2015, the rural land rights work in the province's counties and urban areas to fully promote the full completion of three years. Among them, on the basis of completing the land confirmation right of Jinchuan District, Linxia County and Jinta County in three counties in 2014, 40% of the counties and urban areas will be completed in 2015 (the list is attached); basically completed in 2016; and summarized and accepted in 2017.
Two, the basic principles
(a) grasp the policy, to ensure stability. Carrying out the registration and certification of rural land rights is a further improvement of the existing land contract relationship, and can not take the opportunity to adjust or withdraw the contracted land of farmers. To the existing rural land contract, certificates, ledgers as the basis to confirm the rights and interests of contracted land belonging. For individual villages and groups of people requesting land transfer, they should be carefully grasped and properly handled in accordance with legal and policy provisions. On the premise of respecting the wishes of farmers, it is possible to take the approach of first exchanging and then confirming rights to solve the problem of "fragmentation" of contracted land for farmers. The extension of the contract is not perfect, the rights are not implemented and management work is not standardized, according to the law to be corrected.
(2) according to law, standardized registration. To strictly in accordance with the People's Republic of China *** and State Land Management Law, the People's Republic of China *** and State Rural Land Contracting Law, the People's Republic of China *** and State Property Law and other laws and regulations to carry out the registration of rural land rights. Where there are laws, regulations and policies, they will be resolved in accordance with the laws, regulations and relevant policies; where there are no laws, regulations and policies, they will be resolved through democratic consultation and villagers' deliberation; and where there are disputes and controversies, they will be resolved in accordance with the law and then be subject to confirmation of registration and issuance of certificates. Rights registration shall be carried out in accordance with standardized procedures and criteria, and the confidential management of the results of rights registration and certification of rural land shall be strengthened to protect the privacy of land contract rights holders. Procedures, contents, methods and results should be made public, and the rights of farmers to information, participation, decision-making and supervision should be effectively guaranteed.
(3) county-based, hierarchical responsibility. Land rights work to implement territorial management, the implementation of responsibility at all levels. The provincial level bears the responsibility of organization and leadership, the city and state bear the responsibility of organization and coordination, and the county and township levels bear the responsibility of organization and implementation.
(D) grasp the progress, focus on quality. Adhere to the quality priority, scientific grasp of progress. Make full use of modern spatial information technology, choose to comply with national standards and norms, local practice, farmers recognized the technical methods, a clear work schedule and roadmap to improve efficiency. Adhere to the progress is subordinate to the quality, the implementation of the whole process of quality control, focusing on the key links, the quality of the gate.
Three, methodological steps
(a) Preparatory work stage.
1?Develop the work program. Municipalities and states should formulate the work program of the region, and counties and municipalities should formulate the specific implementation plan, and report the work program and implementation plan to the Provincial Leading Group Office of Rural Land Rights Registration and Certificate Issuance before April 15, 2015 for the record.
2?Publicity and mobilization deployment. All localities should carry out timely publicity and mobilization, deployment arrangements, widely publicize the policy, purpose, role and procedures of rural land registration and certification, so as to make it a household name, and fully mobilize the enthusiasm of the majority of cadres and masses to participate.
3?Centralized training. To develop business training program, stratified, staged training. Provincial-level training of municipal and county agricultural sector leading cadres and business backbone, municipal training county business departments and township leading cadres and staff, county-level training of rural cadres and staff to further improve the policy level of cadres at all levels and the quality of the business, to ensure the smooth operation of the work.
4?Cleaning and verification of land contract files. Comprehensive collection and arrangement of village collective organization land ownership certificates, existing rural land contracting contracts, contracting right certificates, contracting right registers, farm family household registers and land surveying and mapping results and other archives, village, group as a unit, to verify and confirm contracting tenure relationship information.
5?Carry out technical bidding. County as a unit, the organization to complete the rural land rights registration certificate technical bidding work, the winning unit is responsible for the preparation of the region's survey professional technical design. The survey software, database software and rural land contracting management information system software required for rural land rights are purchased and configured uniformly by the provincial level to ensure system compatibility and uniformity.
6?Establishment of a sound grassroots working organization. Each village should set up a land rights working group to organize and coordinate the land rights work of each villager group within the village. The villagers' groups should elect fair and decent, prestigious and experienced old party members, old cadres and representatives of the masses to form a supervisory group responsible for supervising the investigation of the ownership of the contracted land of the farmers in the group, the identification of the plots of land, and the review and publicity of the process.
(2) Tenure survey stage.
1?Investigation and confirmation of the contracting party. Organization to complete the name of the rural collective economic organization, the village group collectively owned land boundaries, the farmer's family contracted land boundaries, such as rural collective land ownership tenure status survey and confirmation of the work.
2?Survey to confirm the contractor. Organizations to complete the farm family land contracting representative and **** someone and other land contractors identity, ownership and other information investigation and confirmation work. For farmers who are not at home, we should take a variety of ways to timely notify people, fully guarantee their right to know, right to choose, right to decision-making; really can not get in touch, can suspend registration, but shall not be recovered its contracted land.
3?Investigation and approval of the legal ownership of farmland contracted by farmers. Organize village and group representatives of the contracting party, contracted land farmers and adjoining plots of contracted land farmers, complete the contracted land of farmers to identify the boundaries of the confirmation work, verify the four boundaries of the contracted land of farmers, the spatial location of the legal tenure relationship.
4?Measuring and approving the area of contracted land. According to the local reality, make full use of the existing land surveying and mapping results, reasonable choice of mapping technology in line with the local characteristics of the organization to complete the work of arable land surveying and mapping, measurement and approval of the area of the contracted land of the farmers, the four boundaries of the spatial location of the formation of cadastral maps reflecting the relationship between the contracted tenure of the farmers, the information coding and other circumstances. Aerial survey or purchase of satellite mapping pictures, by the city state or county municipalities unified organization; take the field measurement method, can make full use of Gansu Province satellite positioning continuous operation benchmark station network and other mapping technology and equipment, improve efficiency and reduce costs.
5?Standardize the filling of tenure survey forms. Standardize the filling of all kinds of land contract tenure survey form, the formation of legal, standardized, complete rural land contract tenure survey and verification documents.
(3) audit and publicity stage.
1?Preparation of publicity form. According to the results of the tenure survey, the contracting party as a unit, the preparation of "rural land contracting management right survey information publicity form".
2?Review and publicize. The "Rural Land Contracting and Operation Right Survey Information Publication Form" is reviewed and approved by the village working group and the township working leading group, and then publicized in the village and group, and the publicity period is not less than 7 days.
3?Errata correction. In the process of publicizing, the contracting party and the contracting party to the ownership of the survey results of the objections, the relevant issues should be re-verified, amended, and verified, amended results of publicity again.
4?Confirmation of results. No objections to the publicity, the village group as a unit, according to the results of the survey and publicity, fill out the results of the publicity of the household form, signed by the contracting party, the legal representative of the signature and the contractor's signature, fingerprints to confirm.
(4) Improve the data and information management stage.
1?Establishment of database. County as a unit, the establishment of rural land contracting management database, complete the geographic information of the contracted land of farmers and the contracted management right tenure data into the database.
2?Establishment of management information system. Based on the results of county-level land rights registration and existing resources, the central, provincial, municipal and county-level networking of rural land contracting management information system, to realize the management of rural land contracting management right survey data management, contract management, management of rights registration and certification management, land transfer management, contract disputes arbitration and other informatization and dynamic management functions.
(5) The stage of perfecting the legal relationship of contracting.
1?Improvement of land contract. The collective economic organizations of villages and groups, based on the information on the land contracting of farmers' families after verification and approval, re-sign land contracting contracts in accordance with the contract text uniformly formulated by the State. The original land contract is filed by the rural land contract management organization in accordance with the principle of hierarchical management, and is permanently retained for the record. The period of time recorded in the land contract shall be counted from the point at which the second round of extension of contracting is uniformly organized locally, and the contracting period shall be 30 years.
2?Establishment of a sound register. County-level rural land contract management department in accordance with the principle of a household a book to establish a sound register, clear contracted land block range, area and rights belonging to. The register should record the name and address of the contracting party, the contractor, the contract *** someone, the contracting method, the area of the contracted land, location, boundary address, code, use, ownership, land type and whether it is basic farmland, the contract number, the establishment of the time, the duration of the contract, the content of the rights and changes and so on.
3?Issuance of land contract management right certificate. According to the improved land contract and land contract management right register, in order to ensure the accuracy of the information, responsibility and rights on the basis of clear, by the people's government at the county level to the farmers in accordance with the law issued by the rural land contract management right certificates, the original has been issued by the rural land contract management right certificates recovered and destroyed. The head of household or ****person stated in the certificate of contractual management right shall reflect the principle of equality between men and women, so that women's rights and interests in land contracting are put into practice.
(VI) Results collation stage.
1?Establishment of a sound archive management system. Taking the county as a unit, establish a sound archive management system for rural land contracting rights, and clarify the main body of archive management. The archive management work is synchronized with the deployment, implementation, inspection and acceptance of the work of confirming the right to register and issuing certificates, so as to achieve orderly organization, complete types, clear responsibilities and safekeeping.
2?Classification and organization of archives. The rural land rights registration and certification of the formation of text, charts, audio-visual, data and other materials to collect, organize, appraisal, storage, compilation and research, in both electronic and paper form to store media information.
3?Formation of standardized results information. By the village group and townships will be the land rights registration results of information level by level to the county-level rural land contract management department, after checking and summarizing, the formation of standard results of information, graded archiving and management, for the rural land rights registration and certification and rural land contracting daily management to use.
(VII) Inspection and acceptance stage
1?Carrying out stage-by-stage inspection. Establishment of the stage inspection system, by all levels of rural land registration and certification leading group to take the county self-inspection, municipal comprehensive inspection, provincial sampling and other ways to carry out inspections, found that the problem of timely rectification to ensure the quality of work.
2?Carry out the acceptance of the results of the right to confirm. After the land rights work is fully completed, by all levels of rural land rights registration and certification leading group in accordance with the national unified standards, take the county and municipal self-test, city and state verification and provincial acceptance of the way to organize acceptance.
Four, safeguard measures
(A) strengthen organizational leadership. The province set up to manage the vice governor as the leader, the provincial agriculture and animal husbandry department, the provincial finance department, the provincial land and resources department, the provincial public security department, the provincial forestry department, the provincial government legal affairs office, the provincial archives bureau, the provincial mapping and geographic information bureau, the provincial women's federation, and other departments as a member of the provincial leading group of the work of the registration of rural land rights, the leading group office located in the provincial agriculture and animal husbandry department, to assume the day-to-day guidance, management and coordination of the work. Municipalities and states should set up work leading groups and work organizations with the leaders in charge of the party committees and governments as the head and deputy head. The county and township levels are the key subjects for carrying out the work of confirming and registering the right to land contracting and issuing certificates, and they should set up working institutions with the main leaders of the party committees or the governments as the leaders, select the business backbones, fill up the working teams, organize carefully, and implement the work effectively.
(ii) strengthen coordination. All relevant departments should play their respective roles and responsibilities to form a closely coordinated, collaborative and efficient working mechanism. Agricultural departments are responsible for leading the organization, coordination and policy guidance; financial departments are responsible for financial security and supervision and management of the use of funds; land and resources and mapping and geographic information departments to provide free and up-to-date information on the results of the national land surveys and registration of rural collective land ownership results, to provide the region has been the results of surveying and mapping and geographic information to do a good job of supervision and management of surveying and mapping work and surveying and mapping technical guidance work; public security departments with the The public security department cooperates with the investigation of the identity and household registration of the land contractors; the archives department is responsible for guiding the management of rural land contracting archives; the government's legal system department is responsible for studying and improving the relevant laws and regulations and guiding the work in accordance with the law; and the Women's Federation guides the work of safeguarding the rights and interests of rural women in the land contracting business.
(3) Implementation of work funding. Land rights work funding in accordance with the principle of hierarchical commitment to the annual budget of the government at all levels, shall not charge any fees to farmers. On the basis of the central financial subsidy of 10 yuan per acre, the provincial financial subsidy of 6 yuan per acre, of which: Gannan, Linxia, Longnan, Tianshui, Dingxi and other topography and landscape of the five cities and states of the more complex subsidy of 7 yuan per acre, and other areas of the subsidy of 5 yuan per acre, from 2015 onwards in three annual arrangements, the shortfall by the municipal and county levels in accordance with the current financial management system to be resolved. Each region should effectively strengthen the management of funds, strict implementation of budgetary laws and regulations and financial funds management provisions, strict expenditure standards, strictly prohibit the squeezing and misappropriation, to ensure that the use of funds is safe and efficient.
(IV) Strengthen work guidance. Establish and improve the land rights work regular reporting system. In accordance with the progress of confirming the right to issue timely monthly, quarterly and annual report statements, to grasp the work process, and regularly inform the progress of each place. It is necessary to strengthen investigation and research, grasp the situation in a timely manner, carefully sort out problems of a general nature and tendency, and put forward policy recommendations and solutions. We should focus on summarizing good practices and experiences, informing and exchanging, and learning from each other. Localities can, according to the local reality, on the property rights of agricultural facilities to confirm the registration of certification and this contracted land to confirm the registration of certification and consider together, integrated arrangements for the deployment.