Measures for the Implementation of Land Requisition for National Construction in Guangdong Province

Article 1 These implementation measures are formulated in accordance with the National Regulations on Land Requisition for Construction (hereinafter referred to as the Regulations) and combined with the specific conditions of our province. Article 2 The state needs to requisition land for economic, cultural, national defense construction and the establishment of social public utilities. Where land meets the "Regulations" and the implementation measures, the land-expropriated units must obey the needs of the state, support national construction, and hand over the expropriated land on time, and shall not hinder or obstruct it. Article 3 It is our national policy to cherish and make rational use of every inch of land. People's governments at all levels should manage and make good use of land, strictly control all construction land and strictly examine and approve the system.

All construction projects must follow the principle of economic rationality and improve the land utilization rate. If there is wasteland that can be used, it shall not occupy cultivated land; If there is inferior land that can be used, it shall not occupy fertile land, especially land with high economic benefits such as vegetable fields, gardens and intensive fish ponds.

The construction within a planned urban area must meet the requirements of urban planning and be combined with the transformation of the old city to reduce the newly occupied land. Article 4 The requisition of land for national construction must be handled in accordance with the Regulations and these Measures.

Land requisition for construction within the scope of Shenzhen, Zhuhai and Shantou Special Economic Zones shall be formulated by the Shenzhen, Zhuhai and Shantou Municipal People's Governments in accordance with the principles stipulated in the Regulations and the present Measures for Implementation, and submitted to the provincial people's government for approval. Article 5 The land requisition offices of the people's governments of provinces, autonomous prefectures, cities under the jurisdiction of provinces and regions, and the county (city) Construction Committee (Infrastructure Bureau) are the working organs of the people's governments at all levels to manage the land requisitioned for national construction, and are responsible for implementing the Regulations and these implementation measures, and inspecting and supervising the land requisition work in their respective regions. Sixth land acquisition approval authority:

1. Expropriation of paddy fields, dry land, fish ponds, lotus ponds and Putian with an area of less than 2 mu, woodland and wasteland with an area of less than 5 mu, barren hills and wasteland with an area of less than 10 mu, and demolition of farmers' houses with less than five households shall be examined and approved by the local county (city) people's government.

Second, the requisition of paddy fields, dry land, fish ponds, lotus ponds and Putian below five acres, woodland or wasteland below ten acres, barren hills and wasteland below twenty acres, and the demolition of farmers' houses below ten households shall be examined and approved by the regional administrative office and the people's governments of autonomous prefectures and municipalities directly under the Central Government.

Three, the use of land in Guangzhou, the expropriation of vegetable fields, fish ponds and lotus ponds in Guangzhou suburbs, municipal counties and Baoan County of Shenzhen is less than five acres, paddy fields and dry land is less than ten acres, woodland or untaxed land is less than twenty acres, barren hills, wasteland and other land is less than fifty acres, and the demolition of farmers' houses is less than thirty households, respectively, for examination and approval by the people's governments of Guangzhou and Shenzhen.

Four, the expropriation of vegetable fields in Zhuhai, Shantou, Shaoguan, Zhanjiang, Foshan, Haikou, Maoming, Jiangmen, Zhaoqing, Huizhou, Meixian, Chaozhou and other suburbs is less than two acres, which shall be examined and approved by the provincial municipal people's government or the regional administrative office.

Five, the expropriation of land area or the demolition of farmers' houses exceeds the above approval limit, respectively, by the county (city) people's government, regional administrative office, autonomous prefecture, provincial municipal people's government review, submitted to the provincial examination and approval. The requisition of paddy fields and dry land within one hundred mu, and other land within five hundred mu, shall be approved by the provincial people's government authorized by the Provincial Construction Committee; More than this number, approved by the provincial people's government or reported to the State Council for approval.

Six, the production team land generally should not be requisitioned, if necessary, must be submitted to the provincial people's government for approval.

Seven, the land required for construction projects should be submitted for approval according to the overall design, and shall not be divided into parts. Projects built by stages shall be requisitioned by stages, and shall not be requisitioned early or used late.

Eight, ultra vires approval of land acquisition, shall be invalid. Seventh land acquisition procedures;

First, the land-using unit holds the construction project plan approved by the planning department or the relevant certification documents of the higher authorities, and applies for site selection to the land acquisition management institution where the land to be requisitioned is located, and the site selection is carried out after approval. Projects that occupy a large amount of cultivated land or affect agricultural production planning and ecological balance; The consent of the local agricultural department should be obtained; Within the urban planning area, the consent of the urban planning administrative department shall be obtained.

Second, after the construction address is selected, the local land acquisition management organization will organize the land-using units, land-expropriated units and relevant units to preliminarily delimit the land acquisition scope line and negotiate the land acquisition compensation and resettlement agreement.

Three, after the initial approval of the land acquisition area and the demarcation of the land acquisition boundary, the land unit shall formally declare to the local county and municipal people's government. The application for land requisition report shall state the purpose of land requisition, the territory, location, category and area of the land, and submit the following attachments: (1) the construction project plan task book approved by the planning department (copy); (two) the land requisition topographic map and the general plan of the construction project marked with the land requisition boundary and signed and sealed by both parties; (3) Agreement on land acquisition compensation and resettlement; (four) control of "three wastes" pollution, cutting down trees and greening construction plan; (five) the relevant materials needed to reduce the task of grain purchase and increase the index of unified marketing.

Four, according to the examination and approval authority after the approval of land acquisition, land acquisition management agencies by the local land units issued a notice. The compensation and resettlement agreement signed by the land-using unit and the land-expropriated unit shall take effect at the same time.

For key construction projects and large and medium-sized construction projects, the local county and municipal people's governments can be responsible for the whole process. The above land acquisition matters shall be handled by the local land acquisition management agencies in a unified manner. The specific measures shall be formulated by the provincial land acquisition office and implemented after being approved by the provincial people's government.