Article 2 These Provisions shall apply to the homestead management of rural residents in this province.
Article 3 The term "rural homestead" as mentioned in these Provisions refers to the land used by rural residents to build houses (including houses, kitchens, livestock houses, toilets, courtyards, etc.). ) legally approved.
Article 4 Homestead belongs to collective ownership, and rural residents only have the right to use it. The right to use the homestead is protected by law, and no unit or individual may occupy, buy or sell it or illegally transfer it in other forms.
Article 5 The land administration department of the people's government at the county level shall register the new and old rural homestead, and the people's government at the county level shall issue the certificate of collective construction land use right, and pay the land use registration fee in accordance with state regulations to confirm the right to use. Rural residents who buy, sell, exchange, inherit, donate houses, adjust their homesteads and change their right to use homesteads due to planning and other reasons must go through the change registration with the land management department of the people's government at the county level within 30 days. Renewal of "Collective Land Construction Land Use Certificate".
Sixth village construction must be planned and approved according to the examination and approval authority before implementation. Planning should implement the principle of rational use of land and effective protection of cultivated land. The land use standard for the planned homestead shall conform to the provisions of Article 13 of the Regulations on Land Management in Hebei Province.
Seventh rural residents to build new houses, should make full use of the original homestead and village homestead. Before the original homestead and village land consolidation, cultivated land and other land shall not be occupied. Rural residents shall not occupy the land in the basic farmland protection area when building houses. Encourage qualified rural residents to build houses.
Lou village committee can adjust the village parents according to the town planning, but it must be approved by the township (town) people's government. Villagers shall obey the unified arrangement and shall not interfere or obstruct.
Eighth rural residents are not allowed to build houses on private plots or contracted land. Rural residents contracted to develop agricultural, forestry, animal husbandry and fishery wasteland may, with the approval of the people's government at the county level, build houses for storing production tools and guarding them. The people's government at the county level may, according to the amount of land developed and the actual needs, specify the construction area. When the contract expires and is not renewed, the house can be transferred to a collective or a new contractor at a fixed price, or it can be demolished by itself, and the original contractor may not continue to use it.
Ninth rural residents to build residential land to implement planned management. Land management departments at all levels should strictly control the indicators of land use planning; No breakthrough. The land administration department of the people's government at the county level, when allocating and using the indicators of the annual land use plan, can decompose it into the number of houses that reach the township (town) in the year according to the local actual situation and the land use standards stipulated in Article 35 of the Regulations on Land Administration in Hebei Province, which will be implemented by the township (town) to the village and announced to the public. Rural residents in mountainous areas and Bashang, with the approval of the people's government at the county level, shall use barren hills and slopes without soil to build houses, and shall not occupy the land use index of homestead. In rural areas, new streets are planned for building houses or villages and towns. According to the planned index of collective construction land occupied by public facilities.
Tenth rural residents who meet the conditions listed in Article 36 of the Regulations on Land Management in Hebei Province are allowed to apply for homestead. The immediate family members of national cadres and workers are rural hukou, and cadres and workers who live with them for a long time can apply for homestead with their immediate family members. Rural residents who change their houses into business houses under one of the circumstances stipulated in Article 37 of the Regulations on Land Management in Hebei Province shall not be granted homesteads.
Eleventh Bashang area rural residents to establish efficient garden fields connected with the homestead, not included in the homestead area.
Article 12 rural residents who need homesteads shall submit a written application to the villagers' committee, and the villagers' committee shall publish the list of heads of households applying for homesteads, the area and location, listen to the opinions of the masses, and publish and report the list of heads of households after examination and approval. By the applicant to fill out the "rural homestead application form", submitted to the township (town) people's government for approval, and in accordance with the following provisions:
(a) the use of the village homestead and the homestead that has been used for rural residents to build houses but the right to use it has been recovered shall be approved by the township (town) people's government and filed with the land management department of the people's government at the county level. Rural residents who have obtained the right to use the homestead in accordance with the law will not apply for approval of the homestead after in-situ renovation and demolition and confirmed that they meet the rural construction plan. Except for the need to expand land for renovation, demolition and construction.
(two) the use of cultivated land and other land for housing, by the township (town) people's government at the county level people's government land management department for approval. Approved occupation of cultivated land for housing, according to the average annual output value of the cultivated land in the first three years of two to three times to the collective one-time payment of land use fees, and pay farmland occupation tax in accordance with the provisions.
Thirteenth after the application for homestead is approved according to law, it shall be announced by the villagers' committee, and the land management department of the township (town) people's government or the people's government at the county level shall receive the permit for homestead land use. After the completion of the house, the rural residents who build the house shall apply to the township (town) people's government for acceptance. The people's government at the county level shall issue a certificate for the use of collective construction land and pay a fee of five yuan.
Fourteenth more than the land area limit, should be returned within a time limit. If it is overdue, the land management department of the people's government at the county level shall collect the land use fee according to the standard of two to four yuan per square meter per year until it withdraws from the occupied land. The land use fees collected are deposited in the financial special account according to extra-budgetary funds, which are mainly used for land development and rural production and construction. Other departments and individuals are not allowed to extract or misappropriate.
Fifteenth rural residents to buy a house must meet the conditions for applying for homestead, and approved by the township (town) people's government. At the same time, in accordance with the provisions of the second paragraph of Article 5 of these Provisions, the land management department of the people's government at the county level shall go through the registration formalities for the change of land use rights.
Sixteenth rural residents in any of the following circumstances, with the approval of the people's government at the county level, can revoke the "homestead land use certificate", the villagers' committee to recover the right to use the homestead:
(a) spontaneous to the "homestead land permit" within two years from the date of the use of housing;
(two) the sale or other forms of illegal transfer of homestead;
(three) a new batch of homestead approval, the village committee and the building households clearly signed an agreement to build a new house to pay the old house;
(4) Homestead vacated by rural five-guarantee households and relocated households.
Seventeenth rural residents who illegally occupy land to build houses without approval or fraudulently obtain approval shall dismantle or confiscate the newly built houses on the illegally occupied land within a time limit and order them to return the illegally occupied land.
Article 18 Where the homestead is bought, sold or illegally transferred by other means, the agreement and contract shall be invalid, the illegal income shall be confiscated, the newly-built houses on the land shall be demolished or confiscated within a time limit, and both parties to the purchase, sale or illegal transfer of the homestead shall be fined according to the amount below 50% of the illegal income.
Nineteenth ultra vires approval, ultra vires approval or exceeding the standard batch of homestead, the approval document is invalid. Occupation of homestead and new residential buildings based on invalid certificates shall be handled in accordance with the provisions of Article 17 of these regulations. If the economic losses suffered by rural residents exceed their authority or have no right to approve, they should be compensated in part or in whole, and the main responsible person should be given administrative sanctions.
Twentieth according to the law to adjust the homestead, should be returned to the original homestead without paying, according to the provisions of article fourteenth.
Article 21 If a rural resident changes the right to use the homestead and fails to register the change of the right to use or renew the certificate within 30 days, it shall be handled by applying mutatis mutandis the provisions of Article 18 of these Provisions.
Twenty-second in violation of the provisions of the third paragraph of article seventh, do not obey the villagers' committee to recover and adjust the village parents, according to the provisions of article fourteenth.
Article 23 In accordance with the provisions of Article 8 of these Provisions, rural residents who have contracted to develop wasteland and have been approved by law to build houses for storing tools and guarding them shall be handled with reference to the provisions of Article 17 of these Provisions.
Twenty-fourth rural residents who illegally occupy land to build houses and are sentenced to demolition within a time limit must immediately stop construction and demolition; If the construction continues, the organ that made the decision on punishment has the right to seal up the construction equipment and building materials. Those who refuse or obstruct land managers from performing their duties according to law shall be punished by the public security organs in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
Twenty-fifth land management personnel must conscientiously perform their duties, not an excuse to make things difficult, not abuse power for personal gain. Those who practise fraud, ask for bribes and abuse their powers shall be given administrative sanctions. If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
The administrative punishment stipulated in Article 26 shall be decided by the township (town) people's government if it involves rural residents illegally building their own houses; Others are decided by the land administration department of the people's government at or above the county level.
The administrative sanctions against the relevant responsible personnel shall be proposed by the land administration department of the people's government at the county level, and shall be handled by the relevant departments in accordance with the cadre management authority.
Twenty-seventh if a party refuses to accept the administrative punishment, he may, within fifteen days from the date of receiving the notice of the decision on punishment, apply for reconsideration to the administrative organ at the next higher level that made the decision on punishment, or directly bring a suit in a people's court. If it fails to apply for reconsideration, bring a lawsuit or perform the punishment within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Twenty-eighth these Provisions shall be interpreted by the Hebei Provincial Bureau of Land Management.
Twenty-ninth rural state-owned farms shall be implemented with reference to these regulations.
Thirtieth the provisions shall come into force as of the date of promulgation.