Compensation mechanism for exiting rural homestead land

What is the compensation mechanism for exiting rural homestead land? In July 2014, 11 departments including the National Development and Reform Commission and the Central Committee of the Communist Party of China jointly issued the "About Development "Notice on the National New Urbanization Comprehensive Pilot Work" requires reforming and improving the rural homestead system, launching a system of paid use and paid withdrawal of homesteads, and exploring methods for dealing with excessive homesteads.

This issue focuses on sorting out the relevant exploration and practice of rural homestead withdrawal and compensation mechanisms in some provinces and cities in recent years for reference.

With the acceleration of urbanization, the problem of idle rural homesteads has become increasingly serious. The phenomena of "hollow households" and "hollow villages" exist to varying degrees in rural areas across the country. According to statistics, there are currently about 10% to 20% of idle homestead land in rural areas of my country, and the idle rate is even as high as 30% in some areas. Establishing and improving a scientific and reasonable homestead exit mechanism to release the value of rural construction land is conducive to intensively promoting new urbanization and safeguarding farmers' land rights and interests. It is an important issue that needs to be researched and solved in the current integration of urban and rural development. Recently, 11 departments including the National Development and Reform Commission and the Central Committee of the Communist Party of China jointly issued the "Notice on Carrying out the National Comprehensive Pilot Program of New Urbanization" (Development and Reform Planning [2014] No. 1229), which proposed that on the premise of fully respecting the wishes of farmers, start residential housing projects. Base paid use and paid withdrawal system.

◎ Homestead Exit Compensation

Homestead refers to the collective construction land obtained by farmers in accordance with the law for the construction of residences and ancillary facilities. Among them, ancillary living facilities include kitchens and bathrooms, animal houses, toilets, tool rooms, gardens and other land within the farmer's courtyard wall outside the residential base area. According to the provisions of the Land Management Law, my country implements the "one household, one house" system. Rural residents can only apply for one homestead that meets the prescribed area standards.

The withdrawal of homestead land is conducive to the economical and intensive use of rural collective construction land. There are currently two main ways to exit. One is to not change farmers’ right to use rural homesteads, which is implemented by local governments and rural collective economic organizations in cooperation with old villages through unified planning, design and infrastructure construction to improve farmers’ lives. The second is to encourage qualified farmers to give up the right to use rural homesteads and become urban residents, mainly through urban village management, homestead exchange, etc.

Homestead exit compensation is to reasonably guide farmers to voluntarily withdraw from homesteads by establishing a gravity mechanism. There are generally two types of exit compensation targets: one is farmers who voluntarily quit their homesteads to buy houses in cities or live in rural collective-constructed apartments; the other is farmers who are willing to use homesteads with an area lower than the prescribed area standard during the process of building new and demolishing old ones. of farmers. Homestead exit compensation methods can be divided into constructive compensation, physical compensation, monetary compensation, etc. Constructive compensation refers to compensation for farmers who withdraw from their old homesteads through the improvement of rural planning and infrastructure construction; in-kind compensation refers to compensation for farmers who withdraw from their homesteads through housing resettlement; monetary compensation refers to compensation in the form of cash. Farmers who voluntarily quit their homesteads will be compensated. During implementation, the above methods can be used in combination.

◎ Local exploration

Anhui: Establishing an exit compensation incentive mechanism

In October 2013, Anhui Province promulgated the "Regulations on Deepening the Demonstration and Pilot Work of Comprehensive Rural Reform" The Implementation Plan of the "Guiding Opinions" proposes that on the premise of complying with planning and use control, holders of collective commercial construction land use rights can use residential land in accordance with current construction land standards through transfer, lease, price contribution, transfer, lease, etc. It is suitable for industry, commerce, tourism and the construction of residential areas for rural villagers. Specific methods include: first, implementing a registration and write-off system for agricultural land occupied by homesteads to protect rural villagers’ rights to homesteads; second, exploring the establishment of an incentive mechanism for homestead withdrawals, whereby rural villagers voluntarily withdraw from homesteads that have obtained use rights in accordance with the law, and the rural collectives Economic organizations or governments should reward them and use economic and other means to provide incentives; third, explore a homestead transfer system to allow rural villagers to use the homesteads of other rural collective economic organizations through transfer. If the homestead land is reclaimed as agricultural land after withdrawal, the original user will be subsidized. Depending on the type, the maximum subsidy can be 60,000 yuan per mu.

Jiaxing, Zhejiang: "Two points, two exchanges" model

In December 2008, Zhejiang issued the "Implementation Opinions on Accelerating the Rural Reform and Development" to pilot the replacement and transfer of farmers' homesteads . Among them, Jiaxing’s “two points, two exchanges” plan has attracted much attention. “Two points” refers to the separation of homesteads and contracted land, and the separation of land acquisition and demolition. Farmers’ homesteads and contracted land can be disposed of separately, and farmers can choose to retain or Displacement. Two-for-one exchange refers to exchanging land contract management rights for social security and exchanging homestead for urban housing. Specifically, the government first invests in the establishment of a state-owned investment and development company, then bank financing, and then occupies a certain area of ??land (construction land quota transferred from other places) in the resettlement area to build residential apartments. On the premise that farmers voluntarily exchange their homesteads for a house, the government will then nationalize the farmers' homesteads and reclaim them as farmland. These farmlands will be exchanged for a certain proportion of construction land quotas for the city. The repayment of bank loans depends largely on the income from the sale of this new construction land.

?Two-for-two? Turn farmers' means of production and living into valuable assets. While increasing farmers' property income, it also solves the problem of farmers' social security. It is an important addition to existing rural land. Institutional innovation and useful attempts.

Pengzhou, Sichuan: "Land Bank" Model

In order to solve the problems of land ownership adjustment and other issues arising from the reconstruction of farmers' concentrated settlements after the disaster, Pengzhou City, Sichuan began to conduct land bank management in 2008. Bank? model to explore. ?Land Bank? refers to a professional cooperative for agricultural resource management. It is a land transfer institution established by the government with the business of deposits and loans, replacement, integration, land pledge, leasing and agricultural insurance, and serves as a credit intermediary. Its operation mode is: first, the evaluation agency determines a storage price for the farmer's land; the farmer voluntarily transfers the land use rights (contracted land use rights, rural collective construction land use rights, and the right to use the land after demolition and merging of courtyards). Farmers' homestead use rights) are deposited into the Land Bank and receive deposit interest; the Land Bank then lends the land to land demanders (such as agricultural enterprises, large planting and breeding households), who operate the land according to the agreed use and pay interest. In this process, the "Land Bank" earns the interest difference and uses it for its own development and building venture capital, etc. After farmers deposit land, they can earn income by working on site.

The Land Bank has built a platform for farmers and other market entities. Through this platform, farmers can obtain relatively stable property income and wage income; land demanders do not deal directly with farmers, which reduces its risks and costs. In addition, the classification and integration of rural land through the "Land Bank" and "zero deposits and lump sum loans" are conducive to accelerating the transfer of farmland, realizing intensive and large-scale land management, and are also conducive to promoting the transfer of rural labor and the transformation of production methods. .

Chongqing: Land Ticket Trading Model

With the approval of the State Council, Chongqing established the Chongqing Rural Land Exchange in December 2008 to explore the land ticket system. ?Land ticket trading? is based on the increase and decrease in urban and rural construction land and the balance between farmland occupation and compensation. The basic principle is to save rural construction land through centralized living and other methods, and then convert it into virtual construction land indicators after reclamation to increase urban construction land. The whole process of land ticket operation is divided into four links: first, reclaiming idle rural construction land into cultivated land; second, confirming the amount of land ticket (i.e., the vacated construction land indicator) after passing the acceptance inspection; third, through the rural land exchange The land stamps will be openly traded to the public; fourth, the unit that purchased the land stamps will select the land to be developed in the urban planning area, go through the expropriation and conversion procedures and complete the compensation and resettlement, and then obtain the right to use the state-owned construction land. In terms of income distribution, all land stamp transaction prices are used to increase farmers' income and agricultural and rural construction: 85% of the net income obtained from the vacated homestead and ancillary facility land in the form of "land stamps" is given to farmers, and the remaining 15% and other At least 80% of the net income obtained from collective construction land in the form of "land stamps" is reserved for the village collective economic organization.

"Land ticket trading" realizes the commercialization of construction land indicators, converts solid land resources into mobile capital, and revitalizes idle land in rural areas through long-distance and large-scale replacement of land use indicators. Construction land resources are conducive to increasing farmers' income and improving rural production and living conditions, thereby achieving the goal of cities feeding back rural areas and developed areas supporting the development of backward areas.

◎ National Policies

Decisions of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Deepening Reform

In November 2013, the Third Plenary Session of the 18th CPC Central Committee passed The "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Deepening the Reform" proposes to protect the usufructuary rights of farmers' homesteads, reform and improve the rural homestead system, select a number of pilot projects, and prudently and steadily promote the mortgage, guarantee, and transfer of farmers' housing property rights. Explore channels for farmers to increase property income. ?

Notice of the Ministry of Land and Resources on Improving the Rural Homestead Management System

In March 2013, the Ministry of Land and Resources issued the "Notice of the Ministry of Land and Resources on Improving the Rural Homestead Management System" to clearly explore the The new mechanism of base management implements the strictest land-saving system. Farmers' new residences should give priority to vacant land, idle homesteads and unused land in the village. If there are idle homesteads in the village that are not being used, no new construction land shall be approved. Encourage the renovation of original residences to create new housing land. All localities should formulate specific policies and measures to save potential and revitalize it based on local actual conditions.

Notice on Carrying out the National Comprehensive Pilot Program for New Urbanization

In July 2014, 11 departments including the National Development and Reform Commission and the Central Committee of the Communist Party of China jointly issued the "Notice on Carrying out the National Comprehensive Pilot Program for New Urbanization" Notice on the Pilot Work” (Development and Reform Planning [2014] No. 1229). Reform and improve the rural homestead system, explore the system of paid use and paid withdrawal of homesteads, and explore ways to deal with excessive homesteads; launch pilot areas to establish homestead rights confirmation, registration, and certificate issuance, reform and improve the rural homestead system, and revise the rural homestead system Based on the homestead land standards and the per capita construction land vacancy standards in rural residential areas, explore the rights of homestead use rights holders in the possession, use, income and disposal of homestead land.

◎ Expert opinion

Ye Xingqing (Director of the Rural Economic Research Department of the Development Research Center of the State Council):

The property rights law has defined the right to use homestead land as usufruct rights. But this is not enough. Because the right to use homestead land cannot be mortgaged or transferred, farmers' houses are attached to the homestead land that cannot be transferred, resulting in the value of farmers' houses not being fully reflected. The first step should be to relax restrictions on the transfer of farmers' houses, allow mortgages, guarantees, and transfers of farm houses, and allow the transfer of homestead use rights that inevitably arise because the houses and land are inseparable and will flow with the houses. Rural collective economic organizations, as owners of homesteads, can charge certain paid use fees for collective land use rights from those who purchase farm houses and homestead use rights. Strict qualifications and regulations on use, maintenance and renovation should be set for those who purchase rural houses to prevent urban capital from swarming to buy houses in rural areas. The second step should relax the restrictions on the transfer of homestead use rights. This requires a long-term process and requires many prerequisites, such as solving institutional issues such as homestead land being no longer available for free and clear usage periods.

Liu Shouying (Deputy Director and Researcher of the Rural Economic Research Department of the Development Research Center of the State Council):

Allowing the commercialization and capitalization of homesteads is an urgent choice for suburban areas in cities and should not be tolerated. avoid. It can not only solve the mechanism for my country's farmers to share the income from land differentials, but also open up the urban real estate market and the rural rental market, changing the current situation of the government's exclusive land supply and developers' exclusive housing supply. The current government-led urbanization model allows the commercialization of homestead land, and intensively uses the saved homestead land for self-use, factory rental, land leasing, etc., leaving the differential income from land in rural areas.

Wen Hui (Director of the Planning and Research Department of the National Development and Reform Commission’s Urban and Small and Medium-sized Town Reform and Development Center):

In the context of my country’s rapid economic development, due to the lack of planning and irregular management of rural areas , the land utilization rate of rural collective land is low, and some land is idle. Only by accelerating the reform of the land system can we solve the problem of high land prices caused by the lack of land for urban construction at the current stage, and the phenomenon of idle and abandoned rural collective land without its due value.

Huang Xiaohu (Vice Chairman of the China Land Society and Researcher of the China Land Survey and Planning Institute):

The rural homestead market needs to be liberalized. Only by liberalizing the market can regulation be possible. There is great potential for land consolidation and utilization in rural areas.

Because farmers’ homesteads were scattered in the past, and some homesteads seriously exceeded standards, some people actually stopped farming. Therefore, revitalizing rural homestead land is the most realistic way to provide farmers with property income. At present, farmers' property income accounts for less than 3% of total income, which is very low. The revitalization of collective construction land and housing sites is of great significance to rural residents in the urban-rural fringe area.

Li Guoxiang (researcher at the Institute of Rural Development, Chinese Academy of Social Sciences):

Through the homestead exit compensation mechanism, the economic burden on farmers after entering cities can be reduced, and new urbanization can be better promoted. . But at the same time, it should be noted that the homestead land after withdrawal should be used first for agriculture, mainly for reclamation, and some non-agricultural construction should be appropriately carried out after the agricultural land indicators are supplemented and met. It is very critical to implement strict use control of the land after withdrawal. Otherwise, when the withdrawal of homestead land is promoted across the country, it is entirely possible to follow the old path of farmland expropriation, resulting in a series of chaos such as non-agriculturalization and infringement of farmers' rights.

Extended reading: Three compensation methods for rural homestead withdrawal, how many do you know?

1. Monetary compensation

This is the most common method. You If you agree to withdraw from a rural homestead, you will be given a certain amount of monetary compensation based on the area you withdraw from. However, there is no prescribed amount of compensation. It has to be negotiated based on the area. It can be higher or lower, and the gap is very large.

It is understood that the monetary compensation for the withdrawal of homestead land in Shanghai can reach millions of yuan per mu, while in some areas of Chongqing it can only reach 150,000 yuan per mu, and in Shayang County, Hubei, it is only 25,800 yuan. /acre, the gap reaches dozens of times.

I believe that some farmers will be happy with this method, and some farmers will disagree. Why? The money given is different, there is more and there is less. Those who give more money will definitely be happy, and those who give less money, I It's better not to quit, the little money given is not enough to do anything.

2. Compensated buildings

This is to demolish farmers’ houses and move them to live in new buildings built by local governments. This kind of money is also given, but the money is offset against the building payment.

This is more controversial. It’s okay if you give too much. After I change a building, I can still have some left over (but basically the government won’t let you have any left over, you know!). But if the compensation is not enough to upgrade to a building and I have to add more money, then I will quit. I might as well live in a small shabby house in the countryside.

There are real cases. Because farmers found that the new buildings were not as good as the houses in the countryside, they were unwilling to go upstairs. The local government issued mandatory enforcement, which also led to frequent conflicts and even murders.

3. Equal replacement of commercial houses

Demolish farmers’ houses and replace them with commercial houses of the same area.

This is pretty good. Among these three, I feel it is the most beneficial way for farmers. Although our rural homesteads seem to be very valuable, someone has to buy them to make money, right? Even if you guard a golden pimple, you can't eat it.

But it’s different when it comes to commercial housing. Commercial housing has extremely high value and is easy to trade. This is a policy that truly facilitates farmers, such as Haiyu Town in Changzhou, Jiangsu, and Waigang Town in Jiading, Shanghai. They are all made in this way and are quite popular among farmers. ;