Consultation on the transfer of collective land to state land

Can collective land be turned into state land?

Summary. In China, there are only two forms of ownership of land: collective and collective.

State-owned land includes, municipal land is state-owned, organized towns, etc.

Therefore, the form of the special top can only be changed in the form of collective land expropriation and conversion into state-owned land, and cannot be reversed.

Therefore, it is not possible to convert state ownership into collective land.

Can state-owned land be converted into collective land?

In China, there are only two forms of ownership of land: collective and collective. State-owned land includes, municipal land is state-owned, organized towns, etc. Therefore, the form of the special top can only be changed in the form of collective land expropriation and conversion into state-owned land, and cannot be reversed.

Therefore, it is not possible to convert state ownership into collective land.

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The method of converting collective land to state-owned land is as follows:

1. It was originally the nature of collective land, and if it wanted to become state-owned land, it needed to be expropriated by the state to change its nature. According to the relevance[Laws and Regulations].The provisions of land expropriation need to be reported to the province by the county people in accordance with certain procedures, and then reported to the province or approved by the county before the collective land can be turned into state-owned. Moreover, for this kind of land expropriation, it is necessary to compensate the farmers and the economic organization of the whole collective, and also to resettle;

2. In some rural areas, if the area where you live has been included in the scope of demolition, the staff of the demolition and relocation office will come to the door to publicize and communicate with the villagers. If the demolition is agreed and the compensation plan is in place, the land acquisition and demolition work can be carried out after both parties agree;

3. Some land properties need to be approved by ***, such as a permanent basic farmland or more than 35 hectares of land in other areas, if it exceeds 70 hectares, these need to be approved by ***.

[Legal basis].Article 47 of the Land Management Law of the People's Republic of China.

If the state expropriates land, after approval in accordance with legal procedures, the local people at or above the county level shall make a public announcement and organize the implementation.

If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the rural collective economic organizations and their members, villagers' committees and other stakeholders who are subject to land expropriation.

Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing.

The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership. Local people at or above the county level shall organize relevant departments to calculate and implement relevant expenses, ensure that the full amount is in place, and sign agreements with the owners and users of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation.

After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.

Legal Analysis: Collective land can only be nationalized through land expropriation. For the needs of the public interest or economic development, the state needs to occupy collective land, expropriate the soil and recover it from the state, before it can become state-owned.

Procedures and procedures required for the conversion of collective land to state-owned land:

1. Application for registration of land use right circulation 2, original land use right certificate 3, copy of ownership certificate or certification materials of above-ground buildings (check original) 4, copy of ID card of applicant registrant (check original) 5, land acquisition agreement (signed by the county land acquisition office and the land owner) 6, land appraisal report and record form (handled by a qualified real estate appraisal agency) 7, land transfer contract (signed by the county land and resources bureau and the land transferee) 8, land transfer payment voucher 9, Deed tax payment voucher or tax reduction and exemption approval document 10, a copy of the transfer contract of the above-ground building shall be submitted if the transfer is involved (check the original) 11, and other materials to be provided shall be negotiated with the other party, see the Land Management Law of the People's Republic of China.

Legal basis: "Land Management Law of the People's Republic of China" Article 45 In any of the following circumstances, in any of the following circumstances, it is truly necessary to expropriate land owned by peasant collectives, it may be expropriated in accordance with law: (1) land for military and diplomatic purposes; (B) by the organization of the implementation of energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land; (C) by the implementation of science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, comprehensive community services, social welfare, municipal utilities, preferential care and resettlement, martyrdom protection and other public undertakings need land; (4) The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by ** requires land; (E) within the scope of urban construction land determined by the overall land use plan, approved by the people at or above the provincial level and organized by the local people's organizations at or above the county level to organize and implement the development and construction of land needs; (6) Other circumstances where the law provides that land owned by peasant collectives may be expropriated for the public interest.

The conversion of collective land into state-owned land stipulates that it is necessary to go through the corresponding examination and approval procedures.

The transformation of peasant collective land into state-owned land needs to go through the corresponding examination and approval procedures as follows:

1. The conversion of agricultural land must conform to the overall land use plan, the overall urban construction plan and the annual land use plan, so the land-using unit should first consult the land, planning and construction departments whether the agricultural land conforms to the above-mentioned plans;

2. After confirming that the agricultural land can be used for construction, and then according to the requirements of the construction department, carry out and prepare the feasibility demonstration of the construction project, submit the land use application to the construction department, and if the construction department reviews and complies with the requirements, the construction project shall be issued with the "site selection opinion", and the land-using unit shall pay the site selection fee according to the regulations.

The transfer of state-owned land use rights, also known as the income from the transfer of state-owned land use rights, referred to as the income from land transfer or land transfer money, is the first to transfer land and other ways, and then allocate all the land prices obtained by state-owned land use rights, including land acquisition and demolition compensation paid by the transferee, land development costs and land transfer benefits.

According to the nature of the land, the type of land, the grade of land price, as well as the type of land that has been converted into state-owned land, the way of acquisition, etc., the elements are different. Collective industrial land can be assessed by the land appraisal company to go through the procedures for making up the transfer, and collective group land can be assessed and then through the state-owned allocation procedures, and different local policies are also different, so consult the local land management department specifically.

Collective land is divided into construction land and agricultural land according to its use, and the conversion of agricultural land to state-owned land needs to be requisitioned, and the transfer refers to the conversion to construction land, and the expropriation refers to the expropriation of state-owned land.

The situation varies from place to place, and after going through an examination and approval procedure, the collective construction land in individual areas is directly regarded as state-owned land for bidding, auction and transfer, and the transfer fee is included in the auction price.

1. What is the standard for paying land transfer fees for the conversion of collective land into state-owned land?

The land transfer fee is not a simple land price, for residential projects and other projects, the method of bidding and auction can be set through the market, and the land transfer fee is the land price. However, for projects such as affordable housing, low-rent housing, and suite housing, as well as industrial projects such as development parks, they often do not rely on complete market regulation, and the land transfer fee is in the nature of taxes and fees, and it is a fixed price.

The land management departments at all levels will transfer the land use right to the land user, and collect the full price of the land transfer from the transferee according to the regulations, or the renewal land transfer price paid to the land management department when the land use period expires and the land user needs to renew, or the land user who originally obtained the land use right through the allocation shall transfer, lease, mortgage, and purchase the land use right for a fee.

The land transfer price is the unit price per square meter of land, that is, the total amount of the transfer fee is divided by the total area of the land; The floor price is the land premium amortized to each square metre of floor area, i.e. the total amount of the concession fee divided by the total floor area allowed for construction under the plan.

Legal analysis: According to the relevant laws and regulations of our country, there is only one way to convert collective land into state-owned land, and that is to expropriate. In other words, only expropriation can convert collective land into state land.

Legal basis: Article 45 of the Land Management Law of the People's Republic of China For the needs of the public interest, in any of the following circumstances, if it is really necessary to expropriate the land owned by the peasant collective, it may be expropriated in accordance with the law:

1) Land for military and diplomatic needs;

(B) by the organization of the implementation of energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land;

(C) by the implementation of science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, comprehensive community services, social welfare, municipal utilities, preferential care and resettlement, martyrdom protection and other public undertakings need land;

(4) The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by ** requires land;

(E) within the scope of urban construction land determined by the overall land use plan, approved by the people at or above the provincial level and organized by the local people's organizations at or above the county level to organize and implement the development and construction of land needs;

(6) Other circumstances where the law provides that land owned by peasant collectives may be expropriated for the public interest.

The construction activities provided for in the preceding paragraph shall conform to the national economic and social development plan, the overall land use plan, the urban and rural plan and the special plan; The construction activities provided for in items (4) and (5) shall also be included in the annual plan for national economic and social development; The development of the parcels specified in item (5) shall comply with the standards stipulated by the competent department of natural resources.