Real estate development is strictly prohibited in Hefei

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 Real estate development is strictly prohibited in Hefei


The reserved land can be used for

Industrial, commercial (including B & B), cultural and tourism purposes,

However, it is strictly prohibited for real estate development.

concrete content

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The implementation measures clearly defines the source of retained land, that is, on the premise of conforming to the overall land use planning, urban and rural planning and use control policies, village level collective economic organizations are allowed to take back idle homestead and abandoned collective public welfare construction land into collective business construction land on the premise of farmers willingness. The compensation standard is referred to the Hefei City levy Measures for compensation and resettlement of houses on collective land shall be implemented. For the collective business construction land of the rural collective economic organization, part of the land shall be reserved as reserved land according to the approved scale, and the right to use shall remain unchanged.

According to the regulations, within the scope of collective land belonging to the collective economic organization of the village, each administrative village (residence) shall not be less than 3 mu of standard arrangement index. In principle, if the whole village is expropriated, the retained land index can be arranged according to the standard that the total amount is not more than 15 mu; in principle, the retained land index can be arranged according to the standard of no less than 3%, the single arrangement shall not exceed 10 mu, and the cumulative arrangement shall not exceed 15 mu. It is strictly forbidden to transfer and sell the reserved land index without permission.

In addition to defining the land use, the implementation measures suggest that village collectives should be encouraged to set up economic entities on their own or participate in the cooperative development of other economic entities in the form of shares, so as to obtain stable benefits. In terms of the service life of the land, the maximum term of lease shall not exceed 20 years, and the term of joint venture shall not exceed the maximum term for the transfer of the right to the use of state-owned land for the same purpose. In the form of land transaction, if the land is leased or used for business projects and industrial land in the form of land share, fixed price and capital contribution, it shall refer to the procedures and methods of public transaction of state-owned land use right, and shall be conducted by means of bidding and listing in the land exchange market. However, the reserved land is not used by the company or enterprise registered and established with the full (sole) capital of the rural collective economic organization.

In addition, with regard to the use of retained land, the implementation plan clearly states that the use of retained land for independent establishment of economic entities, or joint operation with other units or individuals through leasing, using land as a share, and making investment at a fixed price must be approved by more than two-thirds of the members of the villagers assembly of the collective economic organization or more than two-thirds of the villagers representatives, and the use contract shall be signed. It is understood that the reserved land index will be implemented from September 1, 2020.

Policy interpretation

In order to further support and strengthen the village level collective economic organizations, properly resettle the land expropriated farmers in various ways, and effectively safeguard the legitimate rights and interests of the land expropriated farmers, the Municipal Bureau of natural resources and planning, together with the Organization Department of the municipal Party committee, the Municipal Bureau of Finance and the Municipal Bureau of agriculture and rural affairs, has formulated the measures for the implementation of the management of retained land at the village level in Hefei (hereinafter referred to as the implementation measures).

1u3001 Development background

In August 2019, the Organization Department of the municipal Party committee, the Municipal Finance Bureau, and the municipal agricultural and rural Bureau jointly issued the implementation plan on adhering to and strengthening the leadership of rural grass-roots party organizations to support and strengthen the village level collective economy (hezf [2019] No. 5), which stipulates that priority should be given to guarantee the reserved land index, and the management measures for the reserved land index should be formulated and improved. In order to further implement the No. 5 document, the implementation measures were formulated.

2u3001 Main contents

There are 12 articles in the implementation measures, which mainly include:

Article 1: it is clear that the scope of application of the implementation measures is four counties and one city, and the indicator type is collective business construction land.

Article 2: define the site selection of reserved land. In principle, it shall be arranged within the scope of collective land belonging to the rural collective economic organization on the premise of conforming to the general land use planning, urban and rural planning and use control policies. If the plan is not in line with the plan, the remaining land of the rural collective economic organization can not be arranged for reserved land, the whole village has been promoted for land consolidation or the whole village has been renovated, and the village with weak economy can be selected in different places with the approval of the county government.

Article 3-5: clarify the relevant situation of index arrangement. The first is to clarify the source of retained land indicators: on the premise of conforming to the overall land use planning, urban and rural planning and use control policies, village level collective economic organizations are allowed to take back idle homesteads and abandoned collective public welfare construction land into collective business construction land on the premise of farmers willingness. The compensation standard is referred to the housing of expropriated collective land in Hefei The housing compensation and resettlement measures will be implemented. For the collective business construction land of the rural collective economic organization, part of the land shall be reserved as reserved land according to the approved scale, and the right to use shall remain unchanged. Second, the scale of verification: each administrative village (residence) is not less than 3 mu. In principle, if the whole village is expropriated, the retained land index can be arranged according to the standard that the total amount is not more than 15 mu; in principle, the retained land index can be arranged according to the standard of no less than 3%, the single arrangement shall not exceed 10 mu, and the cumulative arrangement shall not exceed 15 mu. Third, the index management: the county (city) government is responsible for the unified management. The application shall be submitted to the township government at the village level and implemented after being examined and approved by the county (city) government. If the index of collective business construction land in the village is not enough to guarantee the reserved land, the village collective economic organization may apply for the increase or decrease of the quota level by level, which shall be arranged by the local county (city) government. It is strictly forbidden to transfer and sell the reserved land index without permission.

Article 6: if the occupation of agricultural land is explicitly involved, the conversion procedures shall be handled according to law.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Article 7-10: clarify the land use mode of the reserved land. The first is to clarify the land use: under the premise of conforming to the overall land use planning, urban and rural planning and use control policies, the reserved land can be used for industrial, commercial (including B & B), cultural and tourism purposes, but it is strictly forbidden to use it for real estate development. The second is to clarify the way of land use: to encourage village collective to set up economic entities independently or to participate in the cooperative development of other economic entities by way of shares. The third is to define the term of land use: the maximum term of lease shall not exceed 20 years, and the term of joint venture shall not exceed the maximum term of transfer of state-owned land use right for similar purposes. The fourth is to make clear the form of land transaction: if the land is leased or used for business projects and industrial land in the form of land shares and fixed price, it should refer to the procedures and methods of public transaction of state-owned land use rights, and carry out by means of bidding and listing in the land exchange market. However, the reserved land is not used by the company or enterprise registered and established with the full (sole) capital of the rural collective economic organization. Fifth, it is clear that the use of retained land must be approved by more than two-thirds of the members of the villagers assembly of the collective economic organization or more than two-thirds of the villagers representatives, and a contract for the use of the land must be signed. Article 11-12: specify the index arrangement time and document validity period. Source: Hefei daily editor: Deng Qi source: Hefei evening news editor in charge: Lin jiefen_ NBJS11583

Article 7-10: define the land use mode of the reserved land. The first is to clarify the land use: under the premise of conforming to the overall land use planning, urban and rural planning and use control policies, the reserved land can be used for industrial, commercial (including B & B), cultural and tourism purposes, but it is strictly forbidden to use it for real estate development. The second is to clarify the way of land use: to encourage village collective to set up economic entities independently or to participate in the cooperative development of other economic entities by way of shares. The third is to define the term of land use: the maximum term of lease shall not exceed 20 years, and the term of joint venture shall not exceed the maximum term of transfer of state-owned land use right for similar purposes. The fourth is to make clear the form of land transaction: if the land is leased or used for business projects and industrial land in the form of land shares and fixed price, it should refer to the procedures and methods of public transaction of state-owned land use rights, and carry out by means of bidding and listing in the land exchange market. However, the reserved land is not used by the company or enterprise registered and established with the full (sole) capital of the rural collective economic organization. Fifth, it is clear that the use of retained land must be approved by more than two-thirds of the members of the villagers assembly of the collective economic organization or more than two-thirds of the villagers representatives, and a contract for the use of the land must be signed.

Article 11-12: specify the index arrangement time and document validity period.

Source: Hefei daily editor: Deng Qi