Specification of land tenure readjustment for land consolidation and rehabilitation
Some standard content:
ICS13.080
Land Management Industry Standard of the People's Republic of China TD/T1046-2016
Standardization of Land Tenure Readjustment for Land Consolidation and Rehabilitation2016-04-22 Issued
Ministry of Land and Resources of the People's Republic of China
Implementation on 2016-08-01
Normative Reference Documents
Terms and Definitions
Objectives of Tenure Adjustment
Principles of Tenure Adjustment
Subjects of Tenure Adjustment
Types of Tenure Adjustment
5 Contents and Methods of Land Tenure Adjustment
Contents of Tenure Adjustment
Methods of Tenure Adjustment
6 Procedures for Land Tenure Adjustment
6.1 General Procedures||tt ||6.2 Simplified procedures,
6.3 Special procedures
7 Survey on willingness to adjust land ownership
7.1 Survey subject
Survey method
Willingness survey
Results of survey on willingness to adjust ownership and announcement of restriction on change Land ownership survey
Preparatory work,
Field survey
Survey method
Fill in the survey form
Draw a sketch map of the land parcel
9 Field plot (land parcel) measurement
One share provision
Boundary point measurement
Field plot (land parcel) area measurement method
10 Main land quality evaluation
General provisions
TD/T10462016
TD/T10462016
10.2 The procedures for land quality evaluation are as follows
10.3 Methods for land quality evaluation
Results of land quality evaluation
Preparation and implementation of adjustment plan,
General provisions,
Preparation of land ownership clearance and ownership status map Preparation of ownership adjustment plan
Announcement of ownership adjustment plan,
Handling of objections to ownership adjustment
11.6 Approval of ownership adjustment plan
Implementation of adjustment plan,
Land rights confirmation
12 Land change registration
Application for change registration
12.2 Ownership review,
12.3 Registration
12.4 Verification Issuance or change of land certificates
13 Preparation of land ownership adjustment report
Appendix A (Normative Appendix)
Appendix B (Normative Appendix)
Appendix C (Normative Appendix)
Appendix D (Normative Appendix)
Appendix E (Normative Appendix)
Appendix F (Normative Appendix)
Appendix G (Normative Appendix)
Appendix H (Normative Appendix)
Appendix I (Normative Appendix)
Appendix D (Normative Appendix)
Appendix K (Normative Appendix)
General procedures for land ownership adjustment
Key points of land ownership adjustment intention investigation document, key points of template announcement of land contract management right ownership adjustment intention. Key points of the announcement of the land consolidation rights adjustment plan. Land consolidation rights survey form
Land registration application form
Land registration approval form,
Registration registration filling form.
Owner's land certificate receipt book
Key points of the land consolidation project rights adjustment report template, clause explanation
This specification is drafted in accordance with the rules given in GB/T1.1-2009. This specification is proposed by the Ministry of Land and Resources of the People's Republic of China, and this specification is under the jurisdiction of the National Technical Committee for National Resources Standardization (SAC/TC93). Drafting unit of this specification: Land Consolidation Center of the Ministry of Land and Resources Participating drafting units of this specification: Zhejiang University TD/T10462016
Main drafters of this specification: Fan Shuyin, Liang Jun, Zhou Tong, Li Hongju, Jia Wentao, Sun Jianhong, Ye Yanmei, Wu Cifang, Wang Yibai, Gao Shichang, Wang Changjiang, Sun Chunlei.
Main participants of this specification: Chen Zheng, Yao Yan, Liu Wubo, Ren Jia, Zhang Yan, Rou Lingling, Liu Jiansheng, Zhu Hongsu, Liang Hong, Chen Gang, Zhao Tao, Xu Zuhuang.
1 Scope
Specification for Land Consolidation Ownership Adjustment
TD/T10462016
This specification specifies the objectives, principles, procedures, methods, contents and results of land ownership adjustment in land consolidation projects. This specification is applicable to land ownership adjustment in agricultural land consolidation, unused land development and land reclamation, and other land consolidation types can be implemented as a reference.
2 Normative References
The following documents are indispensable for the application of this document. For any dated referenced documents, only the version with the date is applicable to this document. For any undated referenced documents, the latest version (including all amendments) is applicable to this document. GB/T21010-2007 Classification of land use status GB/T28405-2012 Agricultural land classification regulations GB/T28407-2012 Agricultural land quality classification regulations TD/T1008-2007 Land survey and demarcation regulations TD/T1014-2007 Technical regulations for the second national land survey TD/T1001-2012 Cadastral survey regulations
3 Terms and definitions
The following terms and definitions apply to this specification. 3.1
Land property rights landpropertyrights
Land property rights are the sum of various rights with land as the property object, including land ownership, land use rights, land lease rights, ten-land mortgage rights, land maintenance rights, dry land donation rights, easements, etc. 3.2
Ownership and tenure
Ownership of land, right to use, right to contract and operate and other relevant land rights. 3.3
Land ownership
The right of civil rights holders to freely dispose of land within the scope prescribed by law and to exclude interference from others. 3.4
Ownership of state-owned landThe right of the state to occupy, use, benefit from and dispose of the land it owns in accordance with the law. 3.5
Ownership of collective-owned landThe right of farmers' collectives to occupy, use, benefit from and dispose of the land they own in accordance with the law. 3.6
Land use rights
TD/T10462016
The limited property right of civil rights holders to occupy, use, benefit from and exclude interference from state-owned or collectively-owned land within a limited scope in accordance with the law.
State-owned land use rights
state-ownedlanduserights
The right of land users to occupy, use, benefit from and partially dispose of state-owned land according to law. 3.8
Collective-ownedlanduserightsThe right of land users to occupy, use, benefit from and partially dispose of collective land according to law. 3.9
RuralconstructionlanduserightsThe right of land users to build buildings such as houses and factories, and structures such as bridges and tunnels, as well as production and living facilities on collective or state-owned land according to law.
Land contracting rightslandcontractright
The right of members of rural collective economic organizations to contract arable land, forest land, grassland, etc. collectively owned by farmers and owned by the state and used by farmers collectively according to law.
Land management rightlandmanagementrightThe land management right holder has the right to occupy, use and benefit from the cultivated land, forest land, grassland, etc. contracted by members of rural collective economic organizations in accordance with the law, and has the right to engage in agricultural production such as planting, forestry, animal husbandry, etc. 3.12
other rights of land
Other rights of land
Land rights established by law, contract or other legal acts other than land ownership and land use rights. 3.13
Adjudication of land-rightsThe process by which government agencies review and determine the current land rights holder, land rights type and scope of a certain plot of land in accordance with the law. 3.14
Land registration
The state records the ownership, use, area, use conditions, grade, price and other information of land in a special register in accordance with legal procedures to determine land ownership and protect the legitimate rights and interests of land rights holders. 3.15
Land qualitylandquality
The ability of land to continuously maintain the ecosystem, ensure the health of animals and plants and effectively perform their functions (ecological function, production function and carrying function).
4 General principles
4.1 Objectives of ownership adjustment
4.1.1 Standardize land consolidation work to safeguard and realize the legitimate rights and interests of land rights holders. 4.1.2 Standardize the working procedures of ownership adjustment in the process of land consolidation to avoid land ownership disputes. 4.1.3 Clarify the types, boundaries, subjects and measurement methods of land ownership adjustment required in the process of land consolidation to ensure the authenticity of the current status of land ownership.
2 Principles of ownership adjustment
TD/T10462016
4.2.1 Principle of compliance with laws and regulations. In accordance with the provisions of the Land Administration Law, the Land Contracting and Management Law, the Property Law and other laws, do a good job in land ownership investigation, adjustment, confirmation, registration and certification. 4.2.2 Principle of confirmation first. For land included in the scope of remediation, work should be carried out in accordance with the requirements of land confirmation and registration to ensure that land remediation is carried out on the basis of clear ownership.
4.2.3 Principle of openness and fairness. The adjustment of land ownership should widely solicit the opinions of relevant rights holders. The land ownership status before and after the remediation and the land ownership adjustment plan during the remediation should be announced to ensure the rights holders' right to know, right to participate, right to benefit and right to supervise. 4.2.4 Principle of voluntary consultation. If land consolidation involves the adjustment of land ownership, it should be carried out in accordance with the guidance of the government, coordination of the village group, and voluntary consultation of farmers, respect the wishes of the right holders, safeguard their legitimate rights and interests, and 4.2.5 The principle of moderate land concentration. The number of enclaves, interspersed lands and plots should be reduced as much as possible, and the land of the same ownership subject should be concentrated and contiguous as much as possible to create conditions for large-scale land management and modern agricultural development. 4.3 Ownership adjustment subject
Taking the project as a unit, select villager groups, villager committees, township governments or other organizations according to local conditions, or a combination of the above organizations as the subject of land ownership adjustment. Land and resources administrative departments and land consolidation agencies at all levels should take the initiative to assume the policy guidance work of land ownership adjustment. 4.4 Ownership adjustment types
4.4.1 Land ownership adjustment: mainly land ownership adjustment between collectives. 4.4.2 Adjustment of ownership of agricultural land use rights: adjustment of ownership of newly added cultivated land and other agricultural land after land development and consolidation, adjustment of ownership of "four wastelands" that can be used for agricultural development and adjustment of ownership of farmers' private plots. 4.4.3 Adjustment of land contracting and management rights: adjustment of rights between rural collective land contracting and management households, and adjustment of ownership between state-owned land contracting and management households.
4.4.4 Adjustment of ownership of construction land use rights: adjustment of ownership of urban state-owned land use rights, rural collective construction land use rights, industrial and mining land, transportation land and other construction land use rights, as well as land use rights between each other. 5 Adjustment of other land rights: adjustment of ownership of other land rights such as land mortgage rights and land lease rights. 4.4.5
5 Contents of land ownership adjustment and methods
5.1 Contents of ownership adjustment
During the land consolidation process, the contents of ownership adjustment mainly include: a)
Investigation on willingness to adjust land ownership:
Investigation on the current status of land ownership:
Measurement of the area of plots (plots):
Land quality evaluation before and after consolidation:
Preparation of ownership adjustment plan:
Announcement of plan:
Handling of objections to ownership adjustment;
Implementation of ownership adjustment plan:
Registration of land ownership after adjustment:
Arrangement and filing of ownership adjustment files.
The subject of land ownership adjustment in the project area should select relevant contents in a targeted manner according to actual needs to carry out land ownership adjustment work 2 Ownership adjustment methods
TD/T10 462016
5.2.1 The method of adjusting the ownership of state-owned land and collective land. When land remediation is carried out for the construction of major national projects, the collectively owned land used for the construction of special major projects shall be adjusted to state-owned construction land through expropriation to achieve the adjustment of ownership between state-owned land and collective land.
5.2.2 The method of adjusting the ownership of land between collectives. Land ownership is generally not adjusted. However, when both or more parties of collective land ownership are willing to adjust, especially when there are intervening land, enclaves or irregular ownership boundaries between adjacent ownership entities, in order to facilitate farmers in the project area to carry out agricultural mechanization operations and reduce disputes caused by the passage of agricultural machinery or irrigation water, it is advisable to adjust the ownership of the main land between collectives and meet the following requirements
a) When adjacent When the ownership boundary is irregular, it is advisable to adjust the ownership of land between collectives by exchanging land according to the principle of equal quantity and quality of land; if the quality of land is the same, it can also be adjusted by exchanging land of equal quantity.
When the adjacent ownership subjects have intervening land, it is advisable to adopt the principle of equal quantity and quality of land. After the intervening land plots of both parties are offset, the surplus intervening land should be exchanged at the appropriate location of the boundary between the two villages to achieve the adjustment of the ownership of adjacent collective land.
When there is an enclave, it is advisable to adopt the land exchange method to re-confirm the original enclave to the collective economic organization where the enclave is located, and then the collective economic organization where the enclave is located will allocate a piece of land of equal quantity and quality to the original enclave collective economic organization at the boundary between the two villages that both parties consider appropriate.
3 The adjustment method of the ownership of the main land contracting and management rights should meet the following requirements: 5.2.3
Equivalent method: According to the principle of equal quantity and quality before and after land consolidation, the ownership of land contracting and management rights shall be adjusted through voluntary consultation of the ownership adjustment subjects.
Shareholding method: The land area and quality owned by the land contracting and management right holder shall be converted into shares, and the ownership of the land contracting and management rights after consolidation shall be adjusted according to the shareholding model. The original land contracting and management right holder shall own equal land and corresponding shares. Lease method. According to the principle of equal quantity and quality before and after land consolidation, according to the requirements of the land lessee, the main land owned by the contracting and management right holder who is willing to rent out the main land after consolidation shall be concentrated as much as possible, and the main land contracting and management rights shall be adjusted to implement scale operation.
Comprehensive method. Adjust the land contracting and management rights in a comprehensive mode of the above three methods. d)
The adjustment method of the ownership of agricultural land use rights should meet the following requirements: the ownership of newly added cultivated land and other agricultural land after the remediation of scattered unused land shall be returned to the original land user. If the ownership of the land use rights of the original scattered unused land has not been determined, the land use rights shall be confirmed first and then adjusted in accordance with the land remediation contract. The ownership of the land use rights of state-owned barren hills, wastelands, and waste beaches with determined use rights shall be adjusted through consultation between the land use right owner and the land development unit for engaging in planting, forestry, animal husbandry, and fishery production. If the ownership of the land use rights of the original barren hills, wastelands, waste beaches and other unused land has not been determined, the ownership shall be confirmed first and then adjusted in accordance with the land remediation contract. If the main land is exposed and abandoned, the land use rights must be confirmed first and then adjusted. The land use rights of farmers' private plots are generally not adjusted, but they can be exchanged with the contracted management rights under the premise of voluntary consultation and agreement by the rights holders. The adjustment method of the construction land use rights should meet the following requirements: 5.2.5
For adjustments involving the right to use land for industrial and commercial enterprises, the original landowner shall recover the right to use the construction land through appropriate compensation according to the acquisition of the land use rights: or a piece of construction land shall be allocated in the planned construction area at an equivalent price and exchanged with the original land use rights.
For adjustments involving the right to use rural residential land, the right adjustment shall be carried out in the following ways: b)
1) If there is no house on the original residential land, its right to use shall be recovered by the original landowner and appropriate compensation shall be given 2)
The right to use the original residential land shall be recovered by the original landowner, and compensation shall be given for the house on it. The original landowner shall be responsible for providing residential land in the planned residential construction area for the original residential landowner. The original homestead use right is recovered by the original landowner, and the house on it is compensated. After the landowner builds the house in the planned residential construction area, it is allocated to the original homestead use right owner at cost price, and the homestead collective land use right is obtained: or under the condition of signing a voluntary waiver of the right to apply for homestead, the corresponding state-owned land use right or shared state-owned land use right is obtained, and the rural collective construction land use right and state-owned land use right are exchanged) If the adjustment of the mine land use right is involved, the construction land use right can be recovered by the original landowner through appropriate compensation according to the acquisition of the land use right.
d) If the adjustment of other construction land use rights is involved, the construction land use right can be recovered by the original landowner. 5.2.6 Adjustment method of other land rights. When the adjustment of land use rights or ownership rights involves the establishment of other land rights, the owners of other land rights such as land mortgage rights and land lease rights shall make corresponding adjustments after consultation with the original owners or users of the land. 6 Land Ownership Adjustment Procedures
6.1 General Procedures
6.1.1 Overview
The general procedures for land ownership adjustment are shown in Appendix A. 6.1.2 Project Feasibility Study Phase
The current status of land ownership rights in the project area should be clarified. If there are ownership disputes, they should be mediated and resolved in accordance with relevant regulations. If the existing land ownership and boundary disputes cannot be mediated, the land will not be included in the scope of remediation for the time being. Investigate the necessity and willingness of land ownership rights adjustment in the proposed project area, form a principle opinion on land ownership adjustment, and announce the investigation results and change restrictions. 6.1.3 Project planning and design stage
Conduct a survey on the willingness to adjust the ownership of the land contracting and management rights or (and) the convenient use rights of the main land in the project area. If more than 2/3 of the owners of the main land use rights or contracting and management rights in the main land consolidation project area are willing to adjust the ownership of the main land use rights or contracting and management rights, then carry out the current ownership adjustment of the land contracting and management rights or (and) land use rights in the project area, measure the fields (plots), conduct the current land quality evaluation, announce the investigation and evaluation results, compile the current ownership map of land ownership and the land quality evaluation map, and determine the ownership mode and method of land contracting and management rights or (and) land use rights.
6.1.4 Project implementation stage
During the project implementation stage, the land consolidation ownership adjustment opinions and land consolidation project construction agreement should be signed before the construction service, and any behavior that changes the current land use status except land consolidation activities should be prohibited. Carry out construction according to the planning and design plan, evaluate the land quality in the project area after completion, and compile a land contract management right or (and) land use right ownership adjustment plan according to the evaluation results. After the plan is announced and objections are handled, it will be submitted to the people's government with approval authority for approval, and then the land ownership adjustment agreement will be signed, the land ownership adjustment plan will be implemented, and the adjusted land ownership boundary will be measured and demarcated to form a land ownership adjustment map. After the land rights holder signs and confirms, a land consolidation ownership adjustment report will be compiled.
6.1.5 Project completion acceptance stage
6.1.5.1 The land rights holder should apply to the land rights registration department of the county government with the land registration change application, identity certificate, original land ownership certificate or contract, land ownership adjustment agreement and other materials, and go through the land ownership change registration procedures to obtain the corresponding land rights certificate.
TD/T10462016
The subject responsible for the land ownership adjustment work shall organize and archive the data on the intention to adjust the land ownership, the data on the current status of the land ownership before the land reclamation, the principle opinions on the land reclamation and the construction agreement of the land reclamation project, the land ownership adjustment agreement, the completion map of the land reclamation project, the land ownership list before and after the reclamation, the land quality evaluation data, the land ownership adjustment plan approval data, the land change registration data, etc. according to the requirements of file sorting. 6.2 Simplified procedures
When the following conditions are met, some procedures in the land ownership adjustment can be simplified or omitted to form a simplified procedure. a) When the current status of land ownership is clear, the area and quantity are clear, and the relevant rights holders have no objection, the current status of land ownership investigation can be simplified to the registration of land ownership list.
When the quantity and quality of the land owned by the land rights holder are clear and there is no objection, the field (plot) measurement can be omitted, and the corresponding current status map of land ownership can also be omitted. c) If the land quality in the land consolidation project area is basically the same, or the land quality after consolidation is basically the same, and there is no objection among the relevant land rights holders, the current land quality evaluation or the land quality evaluation after consolidation or both can be simplified or omitted. 6.3 Special procedures
6.3.1 Special procedures for agricultural land ownership adjustment. For land consolidation projects with small per capita land area, high land prices, low willingness of farmers to adjust land ownership or high requirements for land ownership adjustment, the following adjustments can be made in the general procedures for ownership adjustment to form a special procedure for land ownership adjustment:
Deepen the field (parcel) survey work into parcel cadastral survey or directly use the existing cadastral survey results a)
Advance the preparation of the land ownership adjustment plan in the project implementation stage, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design stage b)
Add the ownership plan fine-tuning process in the project implementation stage. Partial fine-tuning of the ownership plan caused by changes in project planning and design or the quality of the land after remediation is inconsistent with the design should be agreed by the person being adjusted. If the person being adjusted disagrees, it will be mediated in accordance with the objection handling method.
Revise the ownership adjustment agreement. For the land ownership adjustment involved in the fine-tuning of the land ownership plan, the right holder should sign the land ownership adjustment revision agreement,
Special procedures for construction land ownership adjustment. For the ownership adjustment of farmers' homesteads or other construction land use rights involved in land remediation, the following adjustments should be made in the general ownership adjustment procedures to form a special land ownership adjustment procedure: In the survey of the current status of land ownership, add the location, boundaries, house structure, a)
floor, age, building area, indoor and outdoor decoration of the land owned by the right holder of the construction land that needs to be adjusted. Deepen the field (plot) measurement into plot cadastral measurement or directly use the existing cadastral survey results. b)
Adjust the current land quality evaluation to the land and house value assessment. c
Replace the current status map of land ownership with a cadastral map
Prepare the preparation of the land ownership adjustment plan for the project implementation phase, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design phase, or inform the construction land rights holders who need to be adjusted before the project is implemented, the specific location, nature, and area of the land after the adjustment, the policy for the construction of new houses or the purchase of resettlement houses, the policy for the withdrawal of the original housing and construction land use rights, etc.
7 Survey on willingness to adjust land ownership
7.1 Survey subject
The survey on willingness to adjust land ownership should be completed by the subject responsible for the land ownership adjustment work, or the subject can entrust the land ownership rights holders in the project area to conduct a survey on the willingness to adjust land ownership in the project area62 Project feasibility study stage
The current status of land ownership in the project area should be clarified. If there is a dispute over ownership, it should be mediated and resolved in accordance with relevant regulations. If the existing land ownership and boundary disputes cannot be mediated, the land will not be included in the scope of remediation for the time being. Investigate the necessity and willingness of land ownership adjustment in the proposed project area, form a principle opinion on land ownership adjustment, and announce the investigation results and change restrictions. 6.1.3 Project planning and design stage
Conduct a survey on the willingness to adjust the ownership of the land contracting and management rights or (and) the convenient use rights of the main land in the project area. If more than 2/3 of the owners of the main land use rights or contracting and management rights in the main land consolidation project area are willing to adjust the ownership of the main land use rights or contracting and management rights, then carry out the current ownership adjustment of the land contracting and management rights or (and) land use rights in the project area, measure the fields (plots), conduct the current land quality evaluation, announce the investigation and evaluation results, compile the current ownership map of land ownership and the land quality evaluation map, and determine the ownership mode and method of land contracting and management rights or (and) land use rights.
6.1.4 Project implementation stage
During the project implementation stage, the land consolidation ownership adjustment opinions and land consolidation project construction agreement should be signed before the construction service, and any behavior that changes the current land use status except land consolidation activities should be prohibited. Carry out construction according to the planning and design plan, evaluate the land quality in the project area after completion, and compile a land contract management right or (and) land use right ownership adjustment plan according to the evaluation results. After the plan is announced and objections are handled, it will be submitted to the people's government with approval authority for approval, and then the land ownership adjustment agreement will be signed, the land ownership adjustment plan will be implemented, and the adjusted land ownership boundary will be measured and demarcated to form a land ownership adjustment map. After the land rights holder signs and confirms, a land consolidation ownership adjustment report will be compiled.
6.1.5 Project completion acceptance stage
6.1.5.1 The land rights holder should apply to the land rights registration department of the county government for the land registration change application, identity certificate, original land ownership certificate or contract, land ownership adjustment agreement and other materials, and go through the land ownership change registration procedures to obtain the corresponding land rights certificate.
TD/T10462016
The subject responsible for the land ownership adjustment work shall organize and archive the data on the intention to adjust the land ownership, the data on the current status of the land ownership before the land reclamation, the principle opinions on the land reclamation and the construction agreement of the land reclamation project, the land ownership adjustment agreement, the completion map of the land reclamation project, the land ownership list before and after the reclamation, the land quality evaluation data, the land ownership adjustment plan approval data, the land change registration data, etc. according to the requirements of file sorting. 6.2 Simplified procedures
When the following conditions are met, some procedures in the land ownership adjustment can be simplified or omitted to form a simplified procedure. a) When the current status of land ownership is clear, the area and quantity are clear, and the relevant rights holders have no objection, the current status of land ownership investigation can be simplified to the registration of land ownership list.
When the quantity and quality of the land owned by the land rights holder are clear and there is no objection, the field (plot) measurement can be omitted, and the corresponding current status map of land ownership can also be omitted. c) If the land quality in the land consolidation project area is basically the same, or the land quality after consolidation is basically the same, and there is no objection among the relevant land rights holders, the current land quality evaluation or the land quality evaluation after consolidation or both can be simplified or omitted. 6.3 Special procedures
6.3.1 Special procedures for agricultural land ownership adjustment. For land consolidation projects with small per capita land area, high land prices, low willingness of farmers to adjust land ownership or high requirements for land ownership adjustment, the following adjustments can be made in the general procedures for ownership adjustment to form a special procedure for land ownership adjustment:
Deepen the field (parcel) survey work into parcel cadastral survey or directly use the existing cadastral survey results a)
Advance the preparation of the land ownership adjustment plan in the project implementation stage, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design stage b)
Add the ownership plan fine-tuning process in the project implementation stage. Partial fine-tuning of the ownership plan caused by changes in project planning and design or the quality of the land after remediation is inconsistent with the design should be agreed by the person being adjusted. If the person being adjusted disagrees, it will be mediated in accordance with the objection handling method.
Revise the ownership adjustment agreement. For the land ownership adjustment involved in the fine-tuning of the land ownership plan, the right holder should sign the land ownership adjustment revision agreement,
Special procedures for construction land ownership adjustment. For the ownership adjustment of farmers' homesteads or other construction land use rights involved in land remediation, the following adjustments should be made in the general ownership adjustment procedures to form a special land ownership adjustment procedure: In the survey of the current status of land ownership, add the location, boundaries, house structure, a)
floor, age, building area, indoor and outdoor decoration of the land owned by the right holder of the construction land that needs to be adjusted. Deepen the field (plot) measurement into plot cadastral measurement or directly use the existing cadastral survey results. b)
Adjust the current land quality evaluation to the land and house value assessment. c
Replace the current status map of land ownership with a cadastral map
Prepare the preparation of the land ownership adjustment plan for the project implementation phase, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design phase, or inform the construction land rights holders who need to be adjusted before the project is implemented, including the specific location, nature, and area of the land after the adjustment, the policy for the construction of new houses or the purchase of resettlement houses, and the policy for the withdrawal of the original housing and construction land use rights.
7 Survey on willingness to adjust land ownership
7.1 Survey subject
The survey on willingness to adjust land ownership should be completed by the subject responsible for the land ownership adjustment work, or the subject can entrust the land ownership rights holders in the project area to conduct a survey on the willingness to adjust land ownership in the project area62 Project feasibility study stage
The current status of land ownership in the project area should be clarified. If there is a dispute over ownership, it should be mediated and resolved in accordance with relevant regulations. If the existing land ownership and boundary disputes cannot be mediated, the land will not be included in the scope of remediation for the time being. Investigate the necessity and willingness of land ownership adjustment in the proposed project area, form a principle opinion on land ownership adjustment, and announce the investigation results and change restrictions. 6.1.3 Project planning and design stage
Conduct a survey on the willingness to adjust the ownership of the land contracting and management rights or (and) the convenient use rights of the main land in the project area. If more than 2/3 of the owners of the main land use rights or contracting and management rights in the main land consolidation project area are willing to adjust the ownership of the main land use rights or contracting and management rights, then carry out the current ownership adjustment of the land contracting and management rights or (and) land use rights in the project area, measure the fields (plots), conduct the current land quality evaluation, announce the investigation and evaluation results, compile the current ownership map of land ownership and the land quality evaluation map, and determine the ownership mode and method of land contracting and management rights or (and) land use rights.
6.1.4 Project implementation stage
During the project implementation stage, the land consolidation ownership adjustment opinions and land consolidation project construction agreement should be signed before the construction service, and any behavior that changes the current land use status except land consolidation activities should be prohibited. Carry out construction according to the planning and design plan, evaluate the land quality in the project area after completion, and compile a land contract management right or (and) land use right ownership adjustment plan according to the evaluation results. After the plan is announced and objections are handled, it will be submitted to the people's government with approval authority for approval, and then the land ownership adjustment agreement will be signed, the land ownership adjustment plan will be implemented, and the adjusted land ownership boundary will be measured and demarcated to form a land ownership adjustment map. After the land rights holder signs and confirms, a land consolidation ownership adjustment report will be compiled.
6.1.5 Project completion acceptance stage
6.1.5.1 The land rights holder should apply to the land rights registration department of the county government with the land registration change application, identity certificate, original land ownership certificate or contract, land ownership adjustment agreement and other materials, and go through the land ownership change registration procedures to obtain the corresponding land rights certificate.
TD/T10462016
The subject responsible for the land ownership adjustment work shall organize and archive the data on the intention to adjust the land ownership, the data on the current status of the land ownership before the land reclamation, the principle opinions on the land reclamation and the construction agreement of the land reclamation project, the land ownership adjustment agreement, the completion map of the land reclamation project, the land ownership list before and after the reclamation, the land quality evaluation data, the land ownership adjustment plan approval data, the land change registration data, etc. according to the requirements of file sorting. 6.2 Simplified procedures
When the following conditions are met, some procedures in the land ownership adjustment can be simplified or omitted to form a simplified procedure. a) When the current status of land ownership is clear, the area and quantity are clear, and the relevant rights holders have no objection, the current status of land ownership investigation can be simplified to the registration of land ownership list.
When the quantity and quality of the land owned by the land rights holder are clear and there is no objection, the field (plot) measurement can be omitted, and the corresponding current status map of land ownership can also be omitted. c) If the land quality in the land consolidation project area is basically the same, or the land quality after consolidation is basically the same, and there is no objection among the relevant land rights holders, the current land quality evaluation or the land quality evaluation after consolidation or both can be simplified or omitted. 6.3 Special procedures
6.3.1 Special procedures for agricultural land ownership adjustment. For land consolidation projects with small per capita land area, high land prices, low willingness of farmers to adjust land ownership or high requirements for land ownership adjustment, the following adjustments can be made in the general procedures for ownership adjustment to form a special procedure for land ownership adjustment:
Deepen the field (parcel) survey work into parcel cadastral survey or directly use the existing cadastral survey results a)
Advance the preparation of the land ownership adjustment plan in the project implementation stage, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design stage b)
Add the ownership plan fine-tuning process in the project implementation stage. Partial fine-tuning of the ownership plan caused by changes in project planning and design or the quality of the land after remediation is inconsistent with the design should be agreed by the person being adjusted. If the person being adjusted disagrees, it will be mediated in accordance with the objection handling method.
Revise the ownership adjustment agreement. For the land ownership adjustment involved in the fine-tuning of the land ownership plan, the right holder should sign the land ownership adjustment revision agreement,
Special procedures for construction land ownership adjustment. For the ownership adjustment of farmers' homesteads or other construction land use rights involved in land remediation, the following adjustments should be made in the general ownership adjustment procedures to form a special land ownership adjustment procedure: In the survey of the current status of land ownership, add the location, boundaries, house structure, a)
floor, age, building area, indoor and outdoor decoration of the land owned by the right holder of the construction land that needs to be adjusted. Deepen the field (plot) measurement into plot cadastral measurement or directly use the existing cadastral survey results. b)
Adjust the current land quality evaluation to the land and house value assessment. c
Replace the current status map of land ownership with a cadastral map
Prepare the preparation of the land ownership adjustment plan for the project implementation phase, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design phase, or inform the construction land rights holders who need to be adjusted before the project is implemented, including the specific location, nature, and area of the land after the adjustment, the policy for the construction of new houses or the purchase of resettlement houses, and the policy for the withdrawal of the original housing and construction land use rights.
7 Survey on willingness to adjust land ownership
7.1 Survey subject
The survey on willingness to adjust land ownership should be completed by the subject responsible for the land ownership adjustment work, or the subject can entrust the land ownership rights holders in the project area to conduct a survey on the willingness to adjust land ownership in the project area62 Simplified procedures
When the following conditions are met, some procedures in land ownership adjustment can be simplified or omitted to form simplified procedures. a) When the current status of land ownership is clear, the area and quantity are clear, and the relevant rights holders have no objection, the current status of land ownership investigation can be simplified to land ownership inventory registration.
If the quantity and quality of the land owned by the land rights holder are clear and there is no objection, the field (plot) measurement can be omitted, and the corresponding land ownership status map can also be omitted. c) If the land quality in the land consolidation project area is basically the same, or the land quality after consolidation is basically the same, and there is no objection among the relevant land rights holders, the current land quality evaluation or the land quality evaluation after consolidation or both can be simplified or omitted. 6.3 Special procedures
6.3.1 Special procedures for agricultural land ownership adjustment. For land consolidation projects with small per capita land area, high land prices, low willingness of farmers to adjust land ownership or high requirements for land ownership adjustment, the following adjustments can be made in the general ownership adjustment procedures to form a special land ownership adjustment procedure:
Deepen the field (parcel) survey work into parcel cadastral survey or directly use the existing cadastral survey resultsa)
Advance the preparation of the land ownership adjustment plan in the project implementation stage, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design stageb)
Add the ownership plan fine-tuning process in the project implementation stage. Partial fine-tuning of the ownership plan caused by changes in project planning and design or the quality of the land after consolidation does not meet the design should be agreed by the person being adjusted. If the person being adjusted disagrees, it will be mediated in accordance with the objection handling method.
Revise the ownership adjustment agreement. For the land ownership adjustment involved in the fine-tuning of the land ownership plan, the right holder shall sign the land ownership adjustment revision agreement,
special procedures for construction land ownership adjustment. For the ownership adjustment of farmers' homesteads or other construction land use rights involved in land consolidation, the following adjustments should be made in the general ownership adjustment procedures to form a special land ownership adjustment procedure: In the land ownership status survey, add the location, boundaries, house structure, a)
floor, age, building area, indoor and outdoor decoration of the land owned by the construction land right holder that needs to be adjusted. Deepen the field (plot) measurement into plot cadastral measurement or directly use the existing cadastral survey results. b)bzxz.net
Adjust the current land quality evaluation to the land and house value assessment. c
Replace the current status map of land ownership with a cadastral map
Prepare the preparation of the land ownership adjustment plan for the project implementation phase, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design phase, or inform the construction land rights holders who need to be adjusted before the project is implemented, the specific location, nature, and area of the land after the adjustment, the policy for the construction of new houses or the purchase of resettlement houses, the policy for the withdrawal of the original houses and construction land use rights, etc.
7 Survey on willingness to adjust land ownership
7.1 Survey subject
The survey on willingness to adjust land ownership should be completed by the subject responsible for the land ownership adjustment work, or the subject can entrust the land ownership rights holders in the project area to conduct a survey on the willingness to adjust land ownership in the project area62 Simplified procedures
When the following conditions are met, some procedures in land ownership adjustment can be simplified or omitted to form simplified procedures. a) When the current status of land ownership is clear, the area and quantity are clear, and the relevant rights holders have no objection, the current status of land ownership investigation can be simplified to land ownership inventory registration.
If the quantity and quality of the land owned by the land rights holder are clear and there is no objection, the field (plot) measurement can be omitted, and the corresponding land ownership status map can also be omitted. c) If the land quality in the land consolidation project area is basically the same, or the land quality after consolidation is basically the same, and there is no objection among the relevant land rights holders, the current land quality evaluation or the land quality evaluation after consolidation or both can be simplified or omitted. 6.3 Special procedures
6.3.1 Special procedures for agricultural land ownership adjustment. For land consolidation projects with small per capita land area, high land prices, low willingness of farmers to adjust land ownership or high requirements for land ownership adjustment, the following adjustments can be made in the general ownership adjustment procedures to form a special land ownership adjustment procedure:
Deepen the field (parcel) survey work into parcel cadastral survey or directly use the existing cadastral survey resultsa)
Advance the preparation of the land ownership adjustment plan in the project implementation stage, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design stageb)
Add the ownership plan fine-tuning process in the project implementation stage. Partial fine-tuning of the ownership plan caused by changes in project planning and design or the quality of the land after consolidation does not meet the design should be agreed by the person being adjusted. If the person being adjusted disagrees, it will be mediated in accordance with the objection handling method.
Revise the ownership adjustment agreement. For the land ownership adjustment involved in the fine-tuning of the land ownership plan, the right holders shall sign the land ownership adjustment revision agreement,
special procedures for construction land ownership adjustment. For the ownership adjustment of farmers' homesteads or other construction land use rights involved in land consolidation, the following adjustments should be made in the general ownership adjustment procedures to form a special land ownership adjustment procedure: In the land ownership status survey, add the location, boundaries, house structure, a)
floor, age, building area, indoor and outdoor decoration of the land owned by the construction land right holder that needs to be adjusted. Deepen the field (plot) measurement into plot cadastral measurement or directly use the existing cadastral survey results. b)
Adjust the current land quality evaluation to the land and house value assessment. c
Replace the current status map of land ownership with a cadastral map
Prepare the preparation of the land ownership adjustment plan for the project implementation phase, that is, the work originally scheduled after the completion of the land consolidation project, to the project planning and design phase, or inform the construction land rights holders who need to be adjusted before the project is implemented, including the specific location, nature, and area of the land after the adjustment, the policy for the construction of new houses or the purchase of resettlement houses, and the policy for the withdrawal of the original housing and construction land use rights.
7 Survey on willingness to adjust land ownership
7.1 Survey subject
The survey on willingness to adjust land ownership should be completed by the subject responsible for the land ownership adjustment work, or the subject can entrust the land ownership rights holders in the project area to conduct a survey on the willingness to adjust land ownership in the project area6
Tip: This standard content only shows part of the intercepted content of the complete standard. If you need the complete standard, please go to the top to download the complete standard document for free.