Measures Adopted to Further Deepen the Reform on Rural Land Administration Institution
In response to the requirement of reforming the rural land expropriation system, the system for market trade of collectively-owned construction land, and the homestead institution, the Ministry of Land and Resources, the Ministry of Finance, the MOHURD, the Ministry of Agriculture, and the State Forestry Bureau, jointly issued the Notice on Further Accelerating Registration and Certification to Verify the Rights to the Use of Homesteads and Collectively-Owned Land for Construction Purposes. It requires that the registration and certification to verify the rights to the use of homesteads and collectively-owned land for construction purpose should be accelerated; at the same time, the constructions and structures built on the collectively-owned land like farmhouse should be added to the registration scope of properties. The Notice highlights that effective efforts should be put into realizing unified investigation, unified right verifying and registration, and unified certification, so that the land use right registration and certification of homestead and collectively-owned land for construction purpose can be achieved based on the integration of house with land.
Moreover, in January 2015, the Standing Meeting of the State Council discussed and approved the Draft on the Decision on Authorizing the State Council to Temporarily Adjust the Enforcement of Related Laws and Regulations in 33 Pilot Counties (Cities, Districts) Including Daxing District in Beijing, which states that under the authorization of the Standing Committee of NPC, the State Council will temporarily adjust the enforcement of the Land Administration Law and the Urban Real Estate Administration Law on contents concerning rural land expropriation, the market entering of collectively-owned construction land for construction purpose, and the administration of homestead in 33 pilot counties (cities, districts) including Daxing District in Beijing. And the primary content can be summarized into three key points: firstly, the enforcement of Article 43 and 63 in the Land Administration Law and Article 9 in the Urban Real Estate Administration Law that forbid the transference of land use right of collectively-owned land for construction purpose shall be ceased temporarily, instead, under the precondition of being in accordance with the related plan, usage control, and laws, the land use right of inventory collectively-owned construction land in the countryside can be transferred, rented and pooled as shares, and enjoy the same rights and prices on the market as the state-owned land for construction purpose. Secondly, the content of Article 44 and 62 of the Land Administration Law on examination and approval power of homestead shall be adjusted temporarily: if it is inventory land for construction purpose, the examination and approval power belongs to the township (town) government; if it is newly increased land for construction purpose, the power belongs to the county government. Thirdly, the enforcement of Article 47 of Land Administration Law on compensation for collectively-owned land expropriation shall be adjusted temporarily: the land expropriation compensation standard should be decided after a comprehensive consideration on the land use function and location, the economic development level, and the per capita income level, at the same time, the resettlement housing and social insurance of farmers whose land is expropriated should be settled.