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Rural land belongs to collective ownership, that is, it is jointly owned by the members of the collective economic organization, and since it is relocated to the city, it no longer belongs to the members of the economic organization, and theoretically it must be recovered to the village or the villagers' group.
The land in the rural areas is actually divided into three parts:
1.Contracted land: The right to use is 30 years, and the remaining term can be continued. Of course, in places where there are few people, there are often cases where no one cares when it expires.
2.Homestead: The house on the homestead is personal property and can continue to be used until the house collapses naturally from the date of moving out.
In other words, according to the policy, it is not possible to continue to expand and rebuild. If the local relationship is good, even if the expansion and renovation, no one reports or opposes it, and the relevant departments cannot take care of it.
3.Self-reserved land (vegetable plots, etc.): According to the policy, it cannot be used, if the local relationship is good and no one objects, of course it can be used.
In other words, if the state expropriates land for construction, it will no longer enjoy the distribution of land compensation. In the absence of a special conflict of interest, the local villagers will not particularly object to the continued use of homesteads and self-reserved land, after all, they have lived in the local area and have some affection.
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Hello, if the land has been confirmed before you move out of the hukou, and you still have land in your name at that time, then during the rural land contract period, this right of use still belongs to you, and will not be lost because of the move out of your hukou, if the village deprives you of the right to use the land, it is illegal, you can complain, I even went to the court to sue him.
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If the hukou is moved to the city. Rural land use rights shall be recovered accordingly. The original house is owned by you, and the homestead is owned by the collective.
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If the hukou has been moved to the city, the rural land contract period has not expired can be used until the contract period.
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If the hukou is no longer in the village, it is no longer a villager, and there is no rural land use right. But the key lies in the village cadres, and if they don't take it back, you can continue to use it.
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There should be no rural land use rights, and you can enjoy the treatment of citizens now if you have an urban hukou, and you cannot enjoy both treatments at the same time.
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After the rural hukou is transferred to the urban hukou, the rural land use rights are still there. The basis is as follows:
The Opinions of the Communist Party of China on the Implementation of the Rural Revitalization Strategy (Zhongfa 2018 No. 1) clearly require that the right to use the homestead, the right to contract and manage the land, and the right to distribute collective income of farmers who have settled in the city shall be safeguarded in accordance with the law, and the farmers who have settled in the city shall be guided to voluntarily withdraw from the above rights and interests with compensation in accordance with the law, and shall not use the withdrawal of contracted land and homestead land as a condition for farmers to settle in the city. The Notice of the Ministry of Land and Resources on Further Accelerating the Registration and Issuance of Certificates for the Confirmation of Ownership of Homesteads and Collective Construction Land (Guo Lu Zi Fa No. 2016 No. 191) stipulates that after farmers settle in the city, their original legally obtained homestead use rights shall be confirmed and registered.
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Personally, I think there is.
At present, the state implements the policy of keeping the right to plant and operate the land, and the right is also confirmed, so the change in the nature of the hukou basically has no impact on the land use right.
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After the rural hukou is converted into an urban hukou, the rural land use rights will no longer exist, and they will no longer exist, and all the land use rights must be returned to the original village committee, that is to say, your land use rights will no longer exist, and all the land will be handed back to the village committee, and the village committee will handle it itself.
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China's rural land has been under the responsibility system for 20 years, and only the rural household registration of rural life has the right to contract land, and the household registration is changed to urban household registration, and the land is collected and owned by the village collective after the expiration of the rural living contract land.
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Now that you change your rural household registration to an urban hukou, the rural land contracting rights will not change, because when the end of this round of contracting is due, you will have to make land adjustments when the contract period expires, and then your household registration will no longer be within the scope of land distribution, and you will not be able to distribute land.
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Without. If you originally had a rural hukou and later changed to an urban hukou, it proves that you have moved out of the rural area, so you no longer belong to the villagers, so you have no rural land use rights.
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After the rural household is transferred to the urban household, the rural taxi land use right still exists, and the change of household registration does not affect the land ownership right.
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After the rural hukou is transferred to the urban hukou, the rural land use right is gone, because the hukou is all transferred, and the land is divided according to the hukou, so there is no land use right without the hukou.
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After the rural household registration is transferred to the urban household, the rural land use right is not available, because if you transfer to the urban household registration, it is a non-agricultural household registration, and the non-agricultural household has no land on the day.
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If the rural hukou has contracted the land before the transfer to the urban hukou, and the contract period has not expired after the transfer, the rural hukou still has the right to use it until it expires.
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After the rural hukou is converted to an urban hukou, if you have your land before the transfer, you will keep it, and if the land is distributed next time, you will not have the right to use the land.
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After the rural hukou is transferred to the urban hukou, then your rural hukou will be cancelled, and if the hukou has been cancelled, then the land use right will be gone
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The land in the countryside is in the hands of the rural people, and you are all urban hukou people, so what do you want the rural land for, and it is better not to have it if you want it.
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Your question, is there still a rural land use right after the rural hukou is transferred to an urban hukou? Without your hukou having been transferred to the city, you will no longer have the right to use land in the countryside.
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This problem is that the land use rights in the rural areas should be gone, and if the hukou is transferred, you will not belong to the rural population.
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After the rural hukou is transferred to the urban hukou, it no longer enjoys the right to use rural land and can enjoy the privileges of the urban hukou.
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After the rural hukou is converted to the urban hukou, is there still the right to use land in the countryside? After the rural household registration is transferred to the urban household registration, the land use rights in the rural areas will no longer be available according to the regulations.
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Without.
As long as the hukou is converted to an urban hukou, the land use right is lost.
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Until the next time the land is divided, there will be no yours. Now there is, also because there is no re-division of the land.
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After the rural household registration is changed to the urban household registration, the original land will be gone, and the contracted households that no longer belong to the village will not have contracted land. According to the "Rural Land Contract Law of the People's Republic of China", if the contractor's family moves to a city divided into districts and changes to a non-agricultural household registration during the contract period, the contracted cultivated land and grassland shall be returned to the contract issuing party.
If the contracting party does not return it, the contract-issuing party may take back the contracted cultivated land and grassland.
1. The difference between rural and urban hukou.
First of all, let's understand the difference between the two, I believe that many friends for this problem is only from the surface of the understanding of it, probably most people will understand it this way, the rural hukou from the surface meaning is the hukou that only rural people have, the urban hukou is the hukou that only urban people can have, in fact, the difference between the two is still big, the difference between the rural hukou and the urban hukou is reflected in many aspects, such as:
Homestead: Rural households can apply for homesteads, and farmers build their own houses in rural areas, and they will build their houses on their own homesteads, while urban residents cannot apply for homesteads, so they can only buy commercial houses in cities;
Land: When it comes to land, China is based on a two-tier management system based on the household responsibility system and a two-tier management system that combines centralization and decentralization, and this system is a basic system of China's rural economy. Therefore, we all know that in the countryside every household has its own land, while in the cities there is no private land;
Medical insurance: Rural hukou can only be enrolled in NCMS, while urban hukou is medical insurance for urban residents; Fourth, the pension insurance in rural areas is different from the pension insurance in cities. School Resources:
When they reach the age of junior high school, most of the children with rural household registration can only go to the cities and towns, live in schools or run back and forth in the countryside, while the children with urban household registration enjoy better learning resources in the city from an early age, and compared with the children in the countryside, the children with urban household registration enjoy better educational resources or more opportunities to choose.
2. How does a rural hukou become an urban hukou? So how can the rural hukou become an urban hukou? Generally speaking, with ID card, household registration book, marriage certificate or real estate certificate, personal application, village committee certificate and other materials, first go to the police station where the original household registration is located to apply for the relocation certificate, and then go to the police station where the relocation is located to go through the relevant moving procedures, and the specific standardized operation can be known from Article 10 of the "Household Registration Regulations":
Go to the appropriate authority to register: If a citizen moves out of the jurisdiction of his or her household registration, he or she or the head of the household must first go to the household registration authority to register for moving out before moving out.
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After moving your hukou from the countryside to the city, if the previously contracted land has not expired, you still have the right to use the contracted land before it expires until the contract expires.
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The relocation of the hukou is yours before the land changes, and after the hukou is moved, the land will not be yours, because your hukou has been moved out.
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This depends on the time of adjustment of the rural land where you are located, if after the migration, before the adjustment time, you still have it temporarily, if after the migration, when it comes to the land adjustment time, you will naturally have no land.
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The land policy in rural areas generally changes every 30 years, and although the hukou is moved to the city, your land will still be yours before the change.
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Definitely not, have you ever seen a person who is ugly in the countryside, and there is still land in the city when the hukou is moved, so why bother to divide the rural and urban hukou.
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What is the life of this society now, you have to move away, the land has not changed now, it is okay, it is normal to have a lot of dd, and there are too many people like this now.
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If the rural hukou is gone, the land will be gone, you will no longer belong to the people here, and the land will definitely be returned to the state.
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Rural migration becomes urban hukou, and land is repossessed by the local government.
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When the agricultural household registration is converted to a non-agricultural household registration, the contracted land must be recovered.
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Legal Analysis: Yes. Rural land is based on the family unit, and the individual movement of rural family members into and out does not affect the right to contract and manage rural land.
However, individual family members who move to cities and obtain urban household registration lose their rural land contracting and management rights after the expiration of their land contract management rights.
Legal basis: "Rural Land Contract Law of the People's Republic of China" Article 27 During the contract period, the contract issuing party shall not take back the contracted land.
The State protects the right of rural households to contract and manage land in urban areas. Withdrawal from land contracting and management rights must not be used as a condition for peasant households to settle in cities.
During the contract period, if the contracted peasant households settle in the city, they shall be guided and supported to transfer the land contract management rights within the collective economic organization or return the contracted land to the contract issuing party in accordance with the principle of voluntary compensation, and may also encourage them to transfer the land management rights.
During the contract period, when the contracting party returns the contracted land or the contract-issuing party takes back the contracted land in accordance with law, the contracting party shall have the right to receive corresponding compensation for the increase in the production capacity of the land invested in the contracted land.
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Legal analysis: Rural land belongs to collective ownership, that is, the members of the collective economic organization jointly own, since it has moved to the city, it no longer belongs to the members of the economic organization, and theoretically has to be recovered to the village or villager group.
Legal basis: "Regulations of the People's Republic of China on Household Registration" Article 10 If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority for moving out of the household registration before moving out, obtain the migration certificate, and cancel the household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority.
Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.
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