Rural collective construction land is divided into three categories

Rural collective construction land is divided into three major categories: homestead land, public welfare public facilities land and commercial land. Rural construction land refers to township (town) village construction land, and township (town) village construction land refers to the land used by township (town) village collective economic organizations and rural individuals to invest or raise funds for various non-agricultural construction. Mainly includes: township (town) village public welfare land and public facilities land, as well as rural residential land.

The law stipulates that land in urban areas belongs to the state. Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned by farmers; homesteads, private land, and private hills are collectively owned by farmers.

Agricultural land can be used for leisure agriculture and rural tourism investment and development. There is room for development and utilization of general farmland, basic farmland, ecological public welfare forest and other agricultural land.

Development of collective agricultural land

Cultivated land is mainly used for agricultural production to ensure the safety of food production. In terms of tourism development, farmland is not allowed to be used in principle, especially basic farmland as cultivated land. It is strongly recommended not to touch the red line, but we can use policy dividends to obtain a small amount of land for operation. For example, the policy encourages social capital to invest in the construction of high-standard farmland (basic farmland). If the construction area reaches a certain scale, it is allowed to comply with land management laws and regulations. Under the premise of the overall land use planning, a certain proportion of land will be used to carry out business activities such as sightseeing, leisure travel, processing and circulation.

At the same time, the project has little impact on the environment, follows the local development plan, and has a certain role in promoting local economic development. The local government generally supports the use of other farmland. Social capital can use agricultural land to engage in tourism-related planting, forestry, animal husbandry and fishery production through contract management and transfer in accordance with the law. This means that some open structures without sheltering functions can be built without changing the nature of the land. For example, Wuxi Pastoral Oriental uses agricultural land to build leisure agricultural projects such as agricultural parks and outdoor classrooms to provide people with experiences. A new industrial management form for agriculture, rural areas and farmers.

When the leisure agriculture project complies with the land use plan and it is necessary to occupy cultivated land, it can be solved by linking the increase and decrease of urban and rural construction land. That is, the land is first cultivated in other places, and the quantity and quality are inspected and accepted. Used as construction land. The other place can be the same township, district or county, and it can also be implemented across provinces and regions with the approval of the relevant national competent authorities. This can not only ensure that the 1.8 billion acres of cultivated land will only increase but not decrease, but also ensure the supply of necessary land for construction.

Woodland is the carrier of forests, playing functions such as ecological conservation, windbreak and sand fixation, and forestry production. The most valuable areas for development are those with dense forests, beautiful ecology, rich in high concentrations of air negative ions, and can provide a natural experience. Opportunities and forested areas that promote public health.

For forest tourism, what is the path to breakthrough in forestry land use? Forest experience and forest health care are the two hottest directions at the moment. The state encourages the use of multiple functions of forests and the construction of pilot forest experience bases and forest health care bases. Judging from market development, as of July 2016, there were more than 500 forest experience and forest health base construction projects across the country, of which more than 50% were located in forest parks, state-owned forest farms, wetland parks, etc., and pilot projects The work will be carried out year by year during the 13th Five-Year Plan period.

In terms of land use, infrastructure facilities such as forest experience (pavilion) center, forest health care (pavilion) center, forest bathing beach, interpretation trail, fitness trail, etc. can be built, but hospitals, sanatoriums, and other facilities cannot be built within the base. Nursing homes and other large medical and elderly care facilities.

Implement the strategy of "near the forest but not into the forest" for major project planning, so that we can rely on the high-quality ecological resources of forest tourism areas without occupying the construction land quota. Through the cooperation of local government planning, construction projects can be arranged On construction land in peripheral villages and towns. This is also similar to the practice of Hangzhou Xixi Wetland to build large-scale supporting facilities such as Sheraton and Banyan Tree outside the wetland; if it is really necessary to occupy or expropriate forest land, it must apply to the forestry department of the people's government at or above the county level to handle construction land in accordance with the law. Approval procedures and payment of forest vegetation restoration fees.

The vast low hills and hilly areas in southern my country have large areas of low hills and gentle slopes. The current utilization status of these lands is mainly woodland, garden land, grassland and sporadic cultivated land (basic farmland), with their respective proportions different. According to the utilization method, it can be divided into three categories: suitable for agriculture, suitable for forestry (garden), and suitable for construction. Developing it into construction land is one of the main ways to develop and utilize low hills and gentle slopes.

Take Naked Castle in Moganshan, Deqing, Zhejiang, as an example. The project adopts the method of "point land supply and vertical development" and divides the project land into permanent construction land and ecological conservation land. The permanent The amount of land for sexual construction can be provided for as much as it is built, and the remaining part can be expropriated but not transferred, and can be used by project owners through leasing, allocation, trusteeship, etc. Naked Castle has only added 12 acres of new construction land, and the remaining 80% of the buildings were rented and renovated from local farmhouses. More than 200 acres of mountain forests in the park were transferred from villagers to maintain their original appearance, greatly saving land quota.

Summary: Under the current land legal system, there are two ways to use agricultural land:

(1) Without changing the nature of the land

Land contract management rights can Circulation occurs through transfer, subcontracting, leasing, swap, shareholding and mortgage.

Since the scope of subcontracting and exchange is limited to the same collective economic organization, social capital can only transfer land contract management rights through transfer, leasing, equity participation and mortgage.

(2) Change the nature of the land

If the construction of tourism projects does need to occupy agricultural land, a key project list system can be adopted to include major tourism projects that require construction land quotas into construction land coordination The list is connected and coordinated with the overall land use plan and the annual land use plan, and through the adjustment of the land use plan, agricultural conversion and land expropriation are realized.

Development of collective construction land

Under existing policies, collective construction land is an important land use form for the development of leisure agriculture and rural tourism projects. Among them, collective commercial construction land is used throughout the Collective construction land accounts for no more than 10% and can be directly marketed in pilot areas; homestead land is the bulk of rural collective construction land and is also a new space for the development of the rural cultural tourism industry. Statistics show that China has approximately 190,000 square kilometers of rural collective construction land, of which homestead land accounts for approximately 130,000 square kilometers.

Collective commercial construction land

At the end of 2014, the country began the pilot project of the "three land" reform. On the premise of complying with planning and use control, rural collective commercial construction land It can be transferred, leased, or invested in shares, and it will be listed on the same market as state-owned land, with the same rights and prices. At present, 33 counties and cities across the country have piloted the practice of entering collective commercial construction land into the market. Pidu District in Chengdu, Daxing District in Beijing, and Deqing City in Zhejiang Province were the first cities to participate in the pilot program and have accumulated relatively mature practical experience in entering the market.

Take Pidu District of Chengdu City as an example. This district has implemented use controls on collective commercial construction land. It is clear that rural collective commercial construction land cannot be used for real estate development and can only be used for tourism, commerce, Industry etc. In September 2015, Sichuan Maigao Tourism Company won a collective construction land in Zhanqi Village, Pixian County, with an area of ??13.447 acres and a price of 525,000 yuan per mu. The company obtained the right to use the land for 40 years and planned to build It is a rural tourism complex project that integrates food experience, agricultural sightseeing, and leisure vacation.

Legal Basis

"Land Management Law of the People's Republic of China (2019 Amendment)"

Article 4 The state implements a land use control system.

The state prepares an overall land use plan, stipulates land uses, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of construction land, and implement special protection for cultivated land.

The agricultural land referred to in the preceding paragraph refers to the land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water utilization land, breeding water surface, etc.; construction land refers to the land for building buildings and structures. Including land for urban and rural residential and public facilities, industrial and mining land, land for transportation and water conservancy facilities, land for tourism, land for military facilities, etc.; unused land refers to land other than agricultural land and construction land.

Units and individuals using land must use the land strictly in accordance with the purposes determined in the overall land use plan.

Article 9: Land in urban areas belongs to the state.

Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned by farmers; homesteads, private land, and private hills are collectively owned by farmers.

Article 10: State-owned land and land collectively owned by farmers can be designated for use by units or individuals in accordance with the law. Units and individuals that use land have the obligation to protect, manage and rationally utilize the land.

Article 11 If the land collectively owned by farmers belongs to the collective of village farmers in accordance with the law, it shall be operated and managed by the village collective economic organization or village committee; All properties shall be operated and managed by the rural collective economic organizations or villager groups in the village; those that have been collectively owned by township (town) farmers shall be operated and managed by the township (town) rural collective economic organizations.