Measures of Chongqing Municipality on the Administration of Land Tickets

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Property Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China and other relevant laws and regulations, combined with the actual situation of our city, in order to coordinate urban and rural land resources, strictly protect cultivated land, promote the conservation and intensive use of land, safeguard the legitimate rights and interests of farmers and rural collective economic organizations, and promote the coordinated development of urban and rural areas. Article 2 These Measures shall apply to the reclamation of construction land and the trading and use of land tickets within the administrative area of this Municipality.

The term "land ticket" as mentioned in these Measures refers to the construction land index traded in Chongqing Rural Land Exchange after the land owner voluntarily reclaims its construction land into qualified cultivated land and other agricultural land according to regulations. Article 3 The management of land tickets shall follow the principles of voluntary reclamation, open trading, standardized use and return of profits to farmers. Article 4 The competent department of land and resources shall be responsible for the supervision and management of the reclamation of construction land, the transaction and use of land tickets.

Agriculture, finance, supervision, water conservancy, auditing, forestry and other departments do a good job in related work in accordance with the division of responsibilities.

The people's governments of counties (autonomous counties) shall be responsible for organizing and coordinating the reclamation of construction land and the use of land tickets within their respective administrative areas.

Township people's governments and sub-district offices are responsible for the related work of construction land reclamation, and supervise the management and utilization of cultivated land and other agricultural land formed by reclamation. Chapter II Reclamation of Construction Land Article 5 The municipal competent department of land and resources shall, according to the needs of urbanization development, the level of economic and social development, the reclamation period of construction land and other factors, scientifically formulate a land consolidation plan, calculate the reclamation scale of construction land, and guide the orderly reclamation of construction land.

The competent departments of land and resources of counties (autonomous counties) shall, according to the wishes of the land owners within their respective administrative areas, organize the reclamation of construction land in an orderly manner, and give priority to supporting the implementation of reclamation projects such as poverty alleviation and relocation and geological disaster avoidance. Sixth construction land reclamation should be based on land use, industrial development, rural planning and environmental protection planning, taking into account factors such as population mobility index, and reasonably reserve rural development and construction land. Article 7 Reclaimed land shall meet the following conditions:

(a) the status quo is construction land, and it conforms to the classification of land use status;

(2) The expansion land beyond the scope of urban construction land and land for energy, transportation, water conservancy and other engineering facilities determined in the overall land use planning conforms to the overall land use planning and has the main conditions for reclaiming cultivated land;

(three) clear ownership, with proof of legal ownership.

In addition to the provisions of the preceding paragraph, the application for state-owned construction land reclamation shall also comply with the relevant provisions of state-owned construction land reclamation. Eighth construction land under any of the following circumstances, shall not be recovered for land ticket transactions:

(a) illegal construction land;

(2) Independent ancillary facilities;

(3) Newly approved construction land after 10/2009, and the initial (first) registration time of house ownership is less than 5 years;

(four) China traditional villages, historical and cultural towns and villages or construction land within the scope of protection of geographical names and cultural heritage;

(five) the construction land with limited rights according to law;

(six) after the occurrence of natural disasters, the geological situation has not been stable;

(seven) other circumstances that are not suitable for reclamation. Ninth land owners are the main body of construction land reclamation, including farmers, rural collective economic organizations and other subjects with land ownership.

Land reclamation of homestead and its ancillary facilities shall be voluntarily applied by farmers. Farmers applying for homestead reclamation should have other legally stable residences.

After the farmer's homestead is recovered, he may not apply for a new homestead. If it is really necessary to apply for a new homestead due to legal circumstances, it shall be obtained in a paid way. Tenth applications for reclamation of construction land collectively owned by farmers, land rights holders should be submitted to the Township People's government, street offices; To apply for the reclamation of state-owned construction land, the land owner shall apply to the competent department of land and resources of the county (autonomous county) where the land is located. The following materials shall be provided when applying:

(1) An application form for reclamation;

(two) the valid identity certificate of the land owner, and if the application is entrusted, the power of attorney and the identity certificate of the client shall be submitted;

(3) Proof of ownership of land and house.

In addition to the information specified in the preceding paragraph, if a farmer applies for reclamation, he shall also provide proof materials of legally stable residence; Rural collective economic organizations applying for reclamation shall also provide written materials approved by the villagers' meeting according to law; If a state-owned enterprise or unit applies for reclamation, it shall also issue a written material that the superior competent department agrees to reclamation. Eleventh Township People's government, neighborhood offices or county (autonomous county) land and resources departments in accepting the application, it shall inform the applicant of the rights and obligations, reclamation procedures, transaction risks, price allocation policies and other related contents. Article 12 The township people's government, sub-district offices or the competent departments of land and resources of counties (autonomous counties) shall complete the audit within 15 working days from the date of receiving all the application materials, and issue written opinions on those who meet the reclamation conditions; If it does not meet the requirements, it shall give a written explanation and return all the application materials.

Township people's governments and sub-district offices may declare reclamation projects to the competent departments of land and resources of counties (autonomous counties) after they have applied for reclamation. In the same township (street), if the number of households meeting the reclamation conditions reaches more than 50, the township people's government and the subdistrict office shall declare the reclamation project to the competent department of land and resources of the county (autonomous county).