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Article 25 of the Land Management Law of the People's Republic of China (Amendment):
If the state requisitions more than 1,000 acres of cultivated land for construction and more than 2,000 acres of other land, it shall be approved by ***.
The expropriation of land within the administrative area of the province or autonomous region shall be approved by the people of the province or autonomous region; If the requisition of cultivated land is less than three acres, and other land is less than ten acres, it shall be approved by the people at the county level; The approval authority of the people of provincial municipalities and autonomous prefectures shall be decided by the standing committees of the people's congresses of provinces and autonomous regions.
The expropriation of land within the administrative area of the municipality directly under the Central Government shall be approved by the people of the municipality directly under the Central Government; The approval authority of the district people's ** and county people** of the municipality directly under the Central Government shall be decided by the standing committee of the people's congress of the municipality directly under the Central Government.
Revision Information
The Land Management Law of the People's Republic of China was amended and adopted by the Fourth Session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 29, 1998, and the revised Land Management Law of the People's Republic of China is hereby promulgated and shall come into force on January 1, 1999.
The Decision of the Standing Committee of the National People's Congress on Amending the Land Management Law of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China was adopted by the 12th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 26, 2019, and is hereby promulgated to take effect on January 1, 2020.
The above content refers to the Chinese National Network - Land Management Law of the People's Republic of China (Amendment).
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Article 25 of the Land Management Law of the People's Republic of China The people of provinces, autonomous regions and municipalities directly under the Central Government shall list the implementation of the annual land use plan as the content of the implementation of the national economic and social development plan and report to the people's congress at the same level.
Article 25 of the Regulations for the Implementation of the Land Management Law Article 25 land expropriation program approved in accordance with the law, by the expropriated land is located in the city and county people's organization, and will approve the land requisition organs, approval number, the use of the expropriated land, scope, area and land requisition compensation standards, agricultural personnel resettlement measures and the time limit for land requisition compensation, etc., in the expropriated land is located in the township (town) and village to be announced.
The owner of the expropriated land, the right to use shall, within the time limit specified in the announcement, hold the land ownership certificate to the people's ** land administrative departments designated by the announcement for land requisition compensation registration.
Municipal and county people's land administrative departments in accordance with the approved land expropriation programme, in conjunction with the relevant departments to develop land requisition compensation, resettlement programme, in the expropriated land where the township (town) and village are announced, to listen to the views of the expropriated land of rural collective economic organizations and farmers. Land requisition compensation, resettlement program submitted to the city and county people's ** approval, by the city and county people's ** land administrative departments to organize the implementation. If there is a dispute over the compensation standard, it shall be coordinated by the local people at or above the county level; If the coordination fails, the people's ** who approved the expropriation of the land shall make a ruling.
Disputes over land requisition compensation and resettlement do not affect the implementation of the land expropriation plan.
The fees for land expropriation shall be paid in full within 3 months from the date of approval of the land acquisition compensation and resettlement plan.
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The regulations are as follows:Article 8: Units and individuals that have made outstanding achievements in the protection and development of land resources, the rational use of land, and the conduct of relevant scientific research shall be rewarded by the people.
The land administration law has important implications: strengthening land management; maintaining socialist public ownership of land; protection and development of land resources; rational use of land; effective protection of cultivated land; Promote sustainable socio-economic development.
Introduction:
The Land Management Law of the People's Republic of China is a law enacted in accordance with the Constitution to strengthen land management, maintain the socialist public ownership of land, protect and develop land resources, make rational use of land, effectively protect cultivated land, and promote sustainable social and economic development.
The latest amendment is the third amendment in accordance with the Decision on Amending the Land Management Law of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China at the 12th Session of the Standing Committee of the 13th National People's Congress on August 26, 2019, and will come into force on January 1, 2020.
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Article 8 The land in urban areas of cities belongs to the state.
Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
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Land Management Law, Article 8 (promulgated by the State in 1986).
Collectively-owned land belongs to village peasant collectives in accordance with the law, and is operated and managed by village agricultural production cooperatives and other agricultural collective economic organizations or villagers' committees. Those that are already owned by township (town) peasant collective economic organizations may be owned by township (town) peasant collectives.
Land owned by village peasant collectives that already belong to two or more agricultural collective economic organizations in the village may belong to the peasant collectives of each of the agricultural collective economic organizations. FYI.
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The land is collective, and the houses belong to the villagers.
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Violating land management laws and regulations and obstructing national construction and expropriating land, the local people at or above the county level shall order the land to be handed over; Those who refuse to hand over the land shall apply to the people's court for compulsory enforcement in accordance with law. After approving land expropriation in accordance with the provisions and compensating and rehousing the land-expropriated rural collective economic organizations and farmers in accordance with the law, the land-expropriated rural economic organizations and farmers shall hand over the expropriated land to the people of the city and county, and cooperate with the construction unit to enter the market. If there is no justifiable reason to refuse to hand over the land, or obstruct the construction unit from entering the site for construction, it constitutes a violation of land management as stipulated in this articleLaws and RegulationsFor the illegal act of obstructing national construction and expropriating land, the local people at or above the county level shall order the land to be handed over.
The illegal act of refusing to return land refers to the resumption of the right to use state-owned land in accordance with the law, and the party concerned refuses to hand over the land. In any of the following circumstances, the relevant people's land administrative departments reported to the original approval of the land of the people or the people with the right to approve the approval, can recover the right to use State-owned land:
1) Where it is necessary to use the land for the public interest;
2) In order to implement urban planning to carry out the renovation of the old urban area, it is necessary to adjust the use of land;
3) The land user has not applied for renewal or has not been approved despite the expiration of the term of use agreed in the paid use contract such as land transfer.
4) Cessation of the use of the original allocated state-owned land due to the revocation or relocation of the unit;
Roads, railways, airports, mines, etc. have been approved for scrapping.
What is the significance of the Regulations for the Implementation of the Land Management Law?
1. Implement the land spatial planning system and promote the sustainable use of land resources.
2. Further clarify that land development, protection, and construction activities should adhere to planning first, and strengthen the awareness of spatial planning.
3. Further clarify the requirements for the implementation of the "three control lines" in territorial spatial planning, and build spatial control boundaries.
4. Further clarify the content of land management in territorial spatial planning, and refine the spatial constraint indicators.
Legal basis
Regulations for the Implementation of the Land Management Law
Article 62: Where land management laws and regulations are violated and land is obstructed by national construction, the local people at or above the county level shall order the land to be handed over; Those who refuse to hand over the land shall apply to the people's court for compulsory enforcement in accordance with law.
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1. Provisions of the Land Management Law; Article 31 The State protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land. Article 43 Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with the law; However, the establishment of township enterprises and the construction of residential houses by villagers shall be approved in accordance with law to use the land owned by the peasant collectives of the collective economic organization, or the construction of public facilities and public welfare undertakings in townships (towns) and villages shall be approved to use the land owned by the peasant collectives in accordance with the law. The state-owned land applied for use in accordance with the law as mentioned in the preceding paragraph includes land owned by the state and land expropriated by the state that originally belonged to peasant collectives.
Article 44 Where the construction of land is occupied and involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be completed. Roads, pipeline projects and large-scale infrastructure construction projects approved by the people of provinces, autonomous regions and municipalities directly under the Central Government, and land occupied by construction projects approved by the people, involving the conversion of agricultural land into construction land, shall be approved by the people. Within the scope of the construction land for cities, villages and market towns determined in the overall land use plan, if agricultural land is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan in batches according to the annual land use plan.
Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the people of the city and county. The land occupied by construction projects other than those specified in the second and third paragraphs of this article, and the conversion of stool fields and agricultural land into construction land, shall be approved by the people of provinces, autonomous regions and municipalities directly under the Central Government. 2. According to the above provisions, it can be seen that if the cultivated land has not gone through the procedures for agricultural conversion, has not been expropriated by the state and is state-owned, it is illegal to use cultivated land to build a house, and anyone can report this illegal act to the relevant state organs.
Sixth article of the detailed rules for the implementation of the land management law to change the ownership and use rights of land, due to the transfer of above-ground buildings, structures and other attachments resulting in the transfer of land use rights, must be submitted to the land at or above the county level where the land is located ** land administrative departments to apply for land change registration, by the original land registration authorities in accordance with the law for land ownership, right to use change registration. The change of land ownership and use right shall take effect from the date of registration of the change. Change of land use in accordance with the law, must hold the approval documents, to the land at or above the county level of the people's ** land administrative departments to apply for land change registration, by the original land registration authorities in accordance with the law to change the registration.
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Summary. Hello, I'm glad to answer for you The Water Conservancy Law stipulates the relevant provisions on the scope of protection of river embankments. According to the Water Law of the People's Republic of China and other relevant laws and regulations, the scope of river embankment protection includes the following:
River channel and its ancillary facilities: The scope of river embankment protection usually includes the river itself and ancillary facilities related to the river channel, such as river bed, river water, river level, water flow and water body. Riparian Zone:
The scope of embankment protection also includes the riparian zone, which is the area of land within a certain width on both sides of the river. The specific width of the riparian zone can vary according to the specific local conditions and the provisions of laws and regulations. Flood control facilities:
The scope of river embankment protection also includes flood control facilities related to river embankments, such as sluices, pumping stations, weirs, etc. The protection of these facilities is also part of the protection scope of the river embankment.
Hello, I am glad to answer for you The Water Conservancy Law stipulates the relevant provisions on the protection scope of the river banquet embankment. According to the "People's Republic of China Orange Attack and National Water Law" and other relevant laws and regulations, the protection scope of the river embankment includes the following: river and its ancillary facilities
The scope of river embankment protection usually includes the river itself and the ancillary facilities related to the river channel, such as the river bed, river water, river level, water flow and water body. Riparian zone: The scope of embankment protection also includes riparian zone, which is the area of land within a certain width on both sides of the river.
The specific width of the riparian zone can vary according to the specific local conditions and the provisions of laws and regulations. Flood control facilities: The scope of river embankment protection also includes flood control facilities related to river embankments, such as sluices, pumping stations, weirs, etc.
The protection of these facilities is also part of the protection scope of the river embankment.
I'm sorry I don't understand, but can you elaborate on that?
Hello, I am glad to answer for you The Water Conservancy Law stipulates the relevant provisions on the protection scope of the river banquet embankment. According to the "People's Republic of China Orange Attack and National Water Law" and other relevant laws and regulations, the protection scope of the river embankment includes the following: river and its ancillary facilities
The scope of river embankment protection usually includes the river itself and the ancillary facilities related to the river channel, such as the river bed, river water, river level, water flow and water body. Riparian zone: The scope of embankment protection also includes riparian zone, which is the area of land within a certain width on both sides of the river.
The specific width of the riparian zone can vary according to the specific local conditions and the provisions of laws and regulations. Flood control facilities: The scope of river embankment protection also includes flood control facilities related to river embankments, such as sluices, pumping stations, weirs, etc.
The protection of these facilities is also part of the protection scope of the river embankment.
Cultivated land refers to the land where crops are planted, including cooked land, newly developed, reclaimed and sorted land, and fallow land (including rotational land and crop rotation land); land where crops (including vegetables) are mainly grown, with scattered fruit trees, mulberry trees or other trees; On average, one season of reclaimed tidal land and tidal flats can be harvested every year. Cultivated land includes ditches, canals, roads and ridges (ridges) with a fixed width of meters in the south and meters in the north; Cultivated land for temporary planting of medicinal herbs, turf, flowers, seedlings, etc., and other cultivated land that has been temporarily repurposed. >>>More
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