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Where wasteland, forest land, desertification and soil reform, and other developmental production are engaged, the contract period may be longer. -- On November 5, 1993, the Communist Party of China contracted, leased, and auctioned the right to use the "four wilds" in the "Several Policies and Measures on the Current Agricultural and Rural Economic Development", which shall not exceed 50 years. ——On June 1, 1996, the General Office of the People's Republic of China issued the "Notice on Further Strengthening the Work of Soil and Water Conservation in the Governance and Development of the Rural "Four Wilds" Resources.
The right to use the "four wildernesses" is allowed to remain unchanged for a period of 50 years or more. -- November 7, 1998 *** "Notice on Printing and Distributing the National Ecological Environment Construction Plan" According to the "Notice on Printing and Distributing the National Ecological Environment Construction Plan", the term of contracting, leasing or auctioning of the right to use the "Four Wilds" shall not exceed 50 years. -- On December 21, 1999, the General Office of the People's Republic of China issued the "Notice on Further Improving the Management and Development of Rural "Four Wilds" Resources, after the implementation of the return of farmland to forest, it is necessary to ensure that the farmers who have returned farmland enjoy the ownership of the trees planted on the land returned to farmland and barren mountains and wasteland, and perform the procedures for changing land use in accordance with the law, and the people at or above the county level shall issue ownership certificates.
On the basis of determining the ownership and use rights of land, the policy of "whoever returns farmland to farmland, who cultivates forests, who manages it, and who benefits" should be implemented. After afforestation of cultivated land and barren mountains and wastelands suitable for forests, the contract period shall be extended to 50 years, and inheritance and transfer shall be allowed in accordance with the law, and the contract may continue in accordance with the relevant laws and regulations after the expiration date. Adopt a variety of forms to promote the return of farmland to forests.
In areas where conditions permit, in accordance with the principle of consultation and voluntariness, rural afforestation households, social organizations, enterprises and institutions may lease or contract to return farmland to forests, and the distribution of benefits and other issues shall be resolved through consultation between the two sides. Encourage the implementation of concentrated and contiguous afforestation in areas where conditions permit, and encourage individuals to set up family forest farms and implement diversified management. -- April 11, 2002, "Several Opinions on Further Improving Policies and Measures for Returning Farmland to Forests".
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1. 4. Wasteland may be contracted through household communist contracting, or through bidding, auction, public consultation, or other means, and may be contracted to members of the collective economic organization, and may also be contracted to persons outside the collective economic organization. Second, support farmers to develop farmhouses, and use the land for the construction of bench sheds with the surplus of idle homesteads for leisure agriculture. Encourage the use of collective construction land in the village to develop leisure agriculture, and support qualified rural areas to carry out pilot projects to link the increase and decrease of urban and rural construction land to develop leisure agriculture.
Notice on Actively Developing Multiple Functions of Agriculture and Vigorously Promoting the Development of Leisure Agriculture
Article 4 clarifies the land use policy. Encourage the use of the "four wastelands" (barren mountains, barren ditches, barren hills, barren beaches) to develop leisure agriculture, and the use of the "four wastelands of jujube" to develop leisure agriculture in the central and western minority areas and concentrated contiguous poverty-stricken areas, and give preference to the construction land index. Accelerate the formulation of management measures for rural residents and those who use their own houses or other conditions to engage in tourism operations in accordance with the law.
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The so-called "four wastelands" refer to rural land such as barren mountains, barren slopes, barren ditches, and barren beaches that are not suitable for household contracting.
The law has some special provisions on the contracting of the "four wastelands".
First of all, according to Article 45 of the Land Contract Law, (land certificates) are usually contracted by all members of the rural collective economic organization for the cultivated land, forest land and grassland owned by the peasant collectives and owned by the state and used by the peasant collectives in accordance with the law. For the "four wastelands" such as barren mountains, barren ditches, barren hills, and barren beaches that are not suitable for household contracting, bidding, auctions, and public consultations may be used to contract.
Contracting by means of bidding, auction, etc., is also called "other forms of contracting". Other forms of contracting (land lease contracts) are not contracted by all members of the collective economic organization, and the contractor is not limited to the members of the rural collective economic organization. Peasant households, organizations and other agricultural producers and operators other than members of the collective economic organization may, in accordance with the provisions of the law and the provisions of the contract, obtain the right to contract and manage these lands and engage in the production and operation of planting, forestry, animal husbandry, and other agricultural and industrial purposes.
Second, the contractor is not limited by status. The contractors of the "Four Wastelands" are not subject to restrictions on regions, household registrations, units and individuals. Under the same conditions, local farmers can give priority to contracting.
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Four wastelands, including barren mountains, barren ditches, barren hills and Duanzhi barren beach. In the "Notice on Actively Developing Multiple Functions of Agriculture and Vigorously Promoting the Development of Douru Leisure Agriculture", the state clearly pointed out that although the four wastelands in rural areas are not construction land, they can be used to develop leisure agriculture in air-fired towns, and not only that, but also enjoy policy support.
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The "four wastelands" can be contracted in a cautious way of household joint production contracting, or through bidding, auction of Wang Paiji, public consultation, etc.; It may be contracted to members of the collective economic organization or to persons outside the collective economic organization.
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1. The house with the real estate certificate can be bought and sold as long as it meets the requirements of the local housing authority and the national law.
2. In accordance with the "Regulations on the Administration of Urban Real Estate Transfer".
Article 6. The following properties are not transferable:
A) to obtain the right to use land by way of transfer but does not meet the conditions provided for in article 10 of these provisions;
2) Judicial and administrative organs have made rulings in accordance with law, and decided to seal them up or use them in other forms.
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Summary. The "Rural Land Contract Law" stipulates that rural land contracting shall be carried out in the form of household contracting within rural collective economic organizations, and rural land such as barren hills, barren ditches, barren hills, and barren beaches that are not suitable for family contracting can be contracted by means of bidding, auction, and public consultation.
The Rural Land Contract Law stipulates that members of rural collective economic organizations have the right to contract rural land contracted by such collective economic organizations in accordance with the law. No organization or individual may deprive or unlawfully restrict the right of members of rural collective economic organizations to contract land. If your four wastelands are contracted by units or individuals and do not change the nature of the land, they can be transferred.
If it is developed and requisitioned for other purposes, then there is a compensation standard issued by the local government, which is different from place to place, so please consult the relevant departments.
We are very happy to answer for you, and the latest policy of the four wilderness cracks is as follows: The "Rural Land Contracting and Sheds Law" stipulates that rural land contracting shall be carried out in the form of household contracting within the rural collective economic organization, and rural land such as barren hills, barren ditches, barren hills, and barren beaches that are not suitable for family contracting can be contracted by means of bidding, auction, and public consultation. The Rural Land Contract Law stipulates that members of rural collective economic organizations have the right to contract rural land contracted by such collective economic organizations in accordance with the law.
No organization or individual may deprive or unlawfully restrict the right of members of rural collective economic organizations to contract land. If your four wastelands are contracted by units or individuals and do not change the nature of the land, they can be transferred. If it is developed and requisitioned for other purposes, then there is a compensation standard issued by the local government, which is different from place to place, so please consult the relevant departments.
Can the four wastelands be used as farmhouses.
Yes, support farmers to develop farmhouses, and the surplus construction land from idle homesteads can be used for leisure agriculture.
Is there a legal basis.
In the "Notice on Actively Developing Multiple Functions of Agriculture and Vigorously Promoting the Development of Leisure Agriculture", the State Escort Chazao Family clearly pointed out that although the four wastelands in the countryside are not construction land, they can be used to develop leisure agriculture and enjoy policy support.
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