GUOFA (2006) No.31
People's Governments of All Provinces, Autonomous Regions and Municipalities Directly Under the Central Government, All Ministries and Commissions under the State Council and All Agencies Directly Under the State Council:
The Central Committee of the Party and the State Council attach great importance to the management and adjustment of land resources. In 2004, the Decision of the State Council Concerning Enhancing Reform and Enforcing Management of Land Resources Strictly (GUOFA [2004] No.28) was issued, which had made comprehensive and systematic regulation in enforcing laws on land strictly, enhancing the planning management, guaranteeing the farmers' rights and interests, promoting the intensive land usage, perfecting the responsibility system, etc. Each region and department had adopted measure and fulfilled actively, which had obtained primary achievements. However, currently, some new trends and questions have emerged in the management of land, especially the adjustment of land resources, for instance, the over-speed increase of gross of constructional land, excessive expansion of low-cost industrial land, irregular and illegal land usage, repeated impropriating farmland, etc. So, there is a long way to go in holding the gate of land. In order to carry out the science development view and guarantee the sustainable development of the economy and society, we shall adopt more strict management measures and enhance the adjustment on the land resources practically. Now, the concerned questions are circularized as below:
I. Define the responsibilities on the land management and farmland protection further
The main principals of local people's governments shall be fully responsible for retained quantity of farmland in their administrative region and basic farmland protection area, general planning for land utilization and executive situation of annual plan. The newly-added control index of constructional land (including impropriating the farmland and unutilized land) will be brought into the annual plan for land utilization. The retained quantity of actual farmland and newly-added constructional land area will be regarded as the base for assessing the annual plan for land utilization and responsible target for land management and farmland protection; the relative plan index of the next year would be reduced in the occurrence of actual land usage exceeding he plan. The Ministry of Land and Resources shall enhance the inspection on the actual consumption of constructional land and land expropriation situation.
In accordance with the principle of consistence of power and responsibility, the approvals method on the city constructional land shall be adjusted. Within the municipal constructional land scope confirmed by the general planning for land utilization, the legal batch approval of the purpose change of farmland and land expropriation by the state council is to adjusted as once approval each years after collecting by the people's government of provinces, examined by the Ministry of Land and Resources, implemented by the people's government of provinces practically after obtained the approval from the State Council and put the execution scheme on the record in the Ministry of Land and Resources.
The administrative accountability system shall be fulfilled strictly. The leadership accountability of the principals of the concerned local people's governments shall be investigated, for serious sequent caused by the irregular and illegal cases of land occurred in this administrative region, no determent or investigation to the irregular and illegal cases of land, concealing and suppressing the irregular and illegal cases of land. The Ministry of Supervision and the Ministry of Land and Resources shall enhance and perfect the investigation on the leaders' responsibilities for violating the land laws and regulations.
II. Practically guarantee the long-term sustenance of the farmers expropriated the land
The compensation settlement of land expropriation shall conform to the principle of guaranteeing the farmers' original life not decrease and long-term sustenance ensured. The whole country shall fulfill the provisions in the document of GUOFABAN (2006) No.29, accomplishing the employment training and social security of the farmers expropriated land successfully. The fees for the social security of the farmers expropriated from land shall be brought into the settlement fees of land expropriation, the deficient party of which shall be compensated by the income from the paid usage of state land of the local government. The land shall not be expropriated without fulfilling the social security fees.
III. Standardize the revenue and expenditure control of land transfers
The total sum of transferring the national land–use right shall be brought into the local budget and handed over to the local treasury, carrying out the management of “two lines of revenue and expenditure”. In accordance with the regulations, the total sum of transferring the national land–use right shall be firstly paid for the land compensation fee, settlement subsidy, land attachment and plant compensation fee, moving compensation fees and subsidy for the deficient fund for farmers' social security, the remnant fund shall be used for gradual increasing the proportion of the development of farmland and agricultural infrastructure construction, and used for construction of cheap-rent housing and perfecting the supporting facilities construction of usage functions of state-owned land.
The standard on payment of paid use of the land by the newly-added constructional lands shall be increased. The payment scope of the expense for paid use of the land by the newly-added constructional lands shall be based on the actual area of local newly-added constructional land. The payment of paid use of the land by the newly-added constructional lands is specially used for construction and development of basic farmland, land arrangement and farmland development. The illegal exempted and owed payment of paid use of the land by the newly-added constructional land shall be liquidated and demanded payment. Hereinto, the exempted and owed payment since the insurance of GUOFA (2004) No.28 document shall be paid off by the end of this year; the unpaid ones can not be transacted any other approval of land use. The Ministry of Finance and the Ministry of Land and Resources shall attach importance to instituting the payment standard of the paid land use fee by the constructional land and the detailed methods for timely adjustments, and further improve and perfect the distribution use management of the paid land-use fee for the newly-added constructional lands.
Improve the taxation standard of urban land use tax and farm land impropriation tax, the Ministry of Finance, State Administration of Taxation as well as the Ministry of Land and Resources and Legislative Affairs Office shall step up the instituting the detailed methods. The financial and taxation departments shall enhance the collection and management on the taxation and strictly control the tax relief.
V. Establish the uniform opening system of the lowest pricing standard for transferring industrial land
In accordance with the land grade, regional land utilization policies, etc, the state has established and opened the uniform lowest pricing standard for transferring industrial land. The lowest pricing standard for transferring industrial land shall be not less than the sum of the acquiring cost of the land, cost for the earlier-phase development of the land and the concerned fees collected according to the regulations. The industrial land shall be transferred in the method of tendering, auction and nominal quotation, the transferring price of which shall not lower than the opened lowest pricing standard. It is illegal transferring state land use right at a lower price to transfer the land at the lowest pricing standard, offering subsidy or returning in various forms, which shall be investigated the legal responsibilities.
VI. Forbid changing the purpose of farmland into constructional land
Transformation of farmland for use in development projects must conform to the general planning of land utilization, urban collective planning, village and town planning, brought into the annual land utilization plan and transacting the approval procedure for changing the purpose of the farmland. Using the farmers' collective farmland is forbidden from operating non-agricultural construction in the method of “replacing expropriation with lease”, or expansion of scale of constructional land without authorization is forbidden. The circulation of constructional land use owned by the collective farmers shall conform to the planning strictly limited within the scope of legally obtained constructional land. It is illegal land approval for the national department personnel to approve the method of “replacing expropriation with lease” to expropriate the land for construction without the legal transaction of approval of changing purpose of farmland; it is illegal for the unit or individual to expropriate the land for construction in the method of “replacing expropriation with lease” without authorization, who will be investigated the legal liability.
VII. Enhance the supervision and inspection on the land management
The state land supervision and inspection institution shall fulfill the responsibility endowed by the State Council, enhancing the supervision and inspection on the land management by the local people's governments. The correction or adjustment suggestions shall be brought forward to the question violating the laws and regulation discovered during the course of supervision and inspection in time. The undutiful correction and adjustment shall be charged to be corrected and adjusted in limited term in accordance with the concerned policies. During the course o correction and adjustment, the transformation of farmland for use and land expropriation shall be paused.
The administrative department of land and resources and the personnel shall strictly carry out the law, regulations and policies on the management on the national land, administrating according to law and responsible for reality and validity of land utilization. For scrimshank, misuse of authority, practicing favoritism and committing irregularities, in-execution and inobservance of land management laws and regulations, the relative officials and personnel shall be investigated the responsibilities according to the concerned laws and regulations.
VIII. Severely punish the behavior violating the land laws and regulations
The criminal responsibility shall be investigated legally to the personnel in government offices, for approving land expropriation illegally, transferring state land at a lower price illegally and violating the criminal law. The administrative responsibility shall be investigated to the concerned personnel, for not executing the national land adjustment policy, approving land exceeding the plan, not paying the paid land use fee for newly-added constructional land or other tax in time, expropriating the land without paying the compensation to the settlement subsidy for expropriating, changing the farmland position through adjusting the general planning of land utilization without authorization, approval for evading expropriating land for construction to the State Council.
Perfect the investigation and coordination mechanism of the illegal case on land, the behaviors against the laws and regulations on land will be strengthened. Joint with the Ministry of Land and Resources and other department concerned, the Ministry of Supervision will launch a special campaign aiming at checking illegally approval, using before approval, using more than the approved, and transferring the national land use right at a lower price illegally. The serious land irregular and illegal cases shall be transacted openly, while the criminal cases shall be delivered to the judicial authority for investigating criminal responsibility.
All regions, departments shall carry scientific development principles all-round and realize importance to implement the strictest land management system and carry out all measures of reinforcement for land control ordered by the Party center under guidance of Deng Xiaoping Theory and “Three Representatives” .All regions shall make self-inspection for land management and utilization since enforcement of GUOFA (2004) No.28 document, give serious punishment to exposed violence of law and regulation for land on basis of this notice execution. The state Development and Reform Commission, the Ministry of Supervision, the Ministry of Finance, the Ministry of Labor and Social Security, the Ministry of Land and Resources, the Ministry of Construction, the Ministry of Agriculture, the People's Bank of China, the State Administration Taxation, the National Bureau of Statistics, Office Legislative Affairs, etc, attending to their own duties and acting in close coordination, shall institute the supporting documents for the execution of the circulation to enhance the land adjustment well commonly. The Ministry of Land and Resources shall accomplish the supervision and inspection of the implementation of this circulation well together with the Ministry of Supervision and other department concerned. All regions and departments shall report the implementation of this circulation by the end of 2006.
The State Council
August 31, 2006 |
