Regulations on the Protection of Basic Farmland in Anhui Province

Chapter I General Provisions Article 1 In order to implement special protection for basic farmland, stabilize the area of arable land, and promote the sustained, rapid and healthy development of agricultural production and the national economy, in accordance with the "Chinese People's **** and the State Land Administration Law" (hereinafter referred to as the "Land Administration Law"), "Chinese People's **** and the State Agricultural Law" and the State Council's "Regulations on the Protection of Basic Farmland" as well as the provisions of the relevant laws and regulations, and combined with the the actual situation of our province, formulate these regulations. Article 2 These Regulations shall apply to the delimitation, protection, construction and management of basic farmland within the administrative area of the province. Article 3 The basic farmland referred to in these regulations refers to the arable land that shall not be occupied in the long term and shall not be occupied during the planning period of the basic farmland protection area, which is determined according to the demand for agricultural products by the population and the national economy in a certain period of time, as well as the prediction of the land to be used for construction.

The basic farmland protection area referred to in these regulations refers to the area delineated in accordance with legal procedures in order to implement special protection of basic farmland. Article 4 The local people's governments at all levels shall incorporate the protection of basic farmland into the national economic and social development plan, as an important element of the leadership term target responsibility system, supervised by the people's governments at the higher level, and the implementation of the annual assessment.

Local people's governments at all levels regularly report to the people's congress at the same level or its standing committee on the protection of basic farmland. Article 5 The local people's governments at all levels comprehensively plan the basic farmland in their administrative areas, rationally utilize it, strengthen management, and strictly control the occupation of farmland for non-agricultural construction. Gradually increase investment in basic farmland, improve farmland water conservancy facilities, fertilize the land and improve the ecological environment.

Encouragement of domestic and foreign organizations and individuals to invest in agricultural development and construction of basic farmland, its legitimate rights and interests are protected by law. Article 6 the people's governments at or above the county level (including the county level, the same hereinafter) the land management department and the administrative department of agriculture in accordance with the relevant laws and regulations and the people's governments at the level of the division of responsibilities, is responsible for the protection and management of basic farmland in the administrative area; other relevant departments in accordance with their respective responsibilities, in cooperation with the land management department and the administrative department of agriculture to implement the protection of basic farmland.

The people's governments of townships (townships) are responsible for the protection and management of basic farmland in their administrative areas. Article 7 Local people's governments at all levels shall reward units and individuals who have made remarkable achievements in the protection and management of basic farmland.

All units and individuals have the obligation to protect basic farmland, and have the right to encroachment, destruction of basic farmland, as well as other violations of these regulations for reporting, accusing and resisting. Chapter II Delineation of Article 8 The local people's governments at all levels shall prepare basic farmland protection area planning, determine the number of basic farmland protection indicators and layout arrangements, reported to the people's government at the next level for approval of the implementation, and the decomposition of the level by level. The planning of basic farmland protection areas in townships (townships) must realize the basic farmland protection area to the plots and farm households.

The provincial people's government implements index control on the basic farmland protection area. Specific protection area determined by the provincial people's government, reported to the standing committee of the provincial people's congress for the record. Article 9 The following arable land shall be assigned to the basic farmland protection area:

(1) the people's governments at or above the county level to determine the grain, cotton, oil, hemp production bases and famous, special, excellent, rare and new agricultural products production bases;

(2) high-yield, stable yielding fields and arable land with good water conservancy conditions and soil and water conservation facilities, as well as after the governance, transformation and are implementing transformation of the medium and low-yield fields;

(3) vegetable production bases in cities and independent industrial and mining areas and vegetable bases to be built;

(4) land for agricultural teaching, scientific research, experimental demonstration of agricultural technology promotion and breeding bases of good crop seeds;

(5) arable land to be protected in accordance with the needs. Article 10 Cultivated land designated as basic farmland protection zones is divided into three levels:

(1) Cultivated land with good production conditions and high yields, which shall not be occupied for a long period of time, shall be designated as first-grade basic farmland;

(2) Cultivated land with better production conditions and high yields, which shall not be occupied for ten years, shall be designated as second-grade basic farmland;

(3) Cultivated land which shall not be occupied for five years, shall be designated as third-grade basic farmland. Article 11 Basic farmland protection zones Article 11 After the basic farmland protection area is delineated, the people's government at the higher level of the county-level people's government shall organize the relevant departments to accept the delineation of the basic farmland protection area in accordance with the technical specifications of the basic farmland protection area. If the acceptance is qualified, the people's government at the county level shall make a public announcement and set up protection signs. Article 12 The land administration department of the people's government at the county level and the department in charge of agricultural administration shall establish the basic farmland protection area files.

The people's governments of townships (townships) shall register the farmland in the designated basic farmland protection areas plot by plot, prepare charts, and submit the following information to the land administration department of the people's government at the county level, with a copy to the competent department of agricultural administration at the same level:

(1) a report on the planning of the basic farmland protection areas;

(2) a planning map of the basic farmland protection areas;

( (iii) summary table of basic farmland protection area;

(iv) decomposition table of basic farmland protection area;

(v) register of parcels of basic farmland protection area. Article 13 No unauthorized change shall be made to the original contractor's contractual management right when the basic farmland protection area is delineated. Chapter III Protection and Management Article 14 The local people's governments at or above the county level shall sign a basic farmland protection responsibility statement with the people's governments at the next level, and the township people's governments shall sign a basic farmland protection responsibility statement with the rural collective economic organizations or villagers' committees.

The basic farmland protection responsibility statement shall include the following contents:

(1) the scope, area, and parcel of basic farmland;

(2) the grade of basic farmland;

(3) protection measures;

(4) the rights and obligations of the parties involved;

(5) rewards and penalties.

Agricultural contract shall set out the responsibility of the contracting farmer for the protection of basic farmland.