Measures for the administration of examination and approval of construction land in Shandong Province
Chapter I, General Provisions
Article 2. The measures referred to in the examination and approval of construction land refers to the application and approval of agricultural land conversion and land expropriation (recovery of state-owned land) construction land submitted to the State Council and the provincial government for examination and approval according to law.
Article 3 The examination and approval of construction land shall follow the following principles:
(1) Strictly protect cultivated land and implement the "balance of occupation and compensation";
(two) in line with the overall land use planning and annual plan;
(3) saving and intensive use of land;
(four) in line with the national land supply and industrial policies;
(five) to protect the legitimate rights and interests of landless farmers.
Fourth, people's governments at all levels and land and resources management departments should establish and improve strict examination and approval systems for construction land, approval and filing systems and post-approval supervision systems.
Chapter II Examination and Approval Methods and Authority
Fifth, the examination and approval of construction land can be divided into two ways: single site selection project land and batch examination and approval of urban land.
Single site selection refers to energy, transportation, water conservancy, mines, military and other projects that meet the conditions of single site selection, and it is really necessary to select sites outside the scope of urban construction land determined by the overall land use planning. Industrial, residential, commercial, cultural, educational, health and other general construction projects shall not be located outside the scope of urban construction land determined by the overall land use planning for approval.
Urban land in batches refers to the construction land that is submitted for approval in batches according to the annual plan according to the needs of urban economic development and construction within the scope of urban construction land determined by the overall land use planning.
Sixth, the collective construction land in towns and villages conforms to the overall land use planning and urban and rural construction planning, and land acquisition procedures are handled in batches (or according to projects) according to actual needs.
Seventh, the following construction land needs to be reported to the State Council for approval:
(1) All kinds of individually selected project land and military land approved by the State Council, the National Development and Reform Commission and other departments or military institutions approved by the provincial people's government;
(2) The annual agricultural land conversion and land expropriation plan within the scope of urban construction land determined by the overall land use planning approved by the State Council in Jinan, Qingdao, Zibo, Zaozhuang, Yantai, Weifang, Tai 'an and Linyi (hereinafter referred to as the eight cities);
(3) Requiring more than 35 hectares of basic farmland and cultivated land other than basic farmland, and more than 70 hectares of other land.
Eighth, the following construction land shall be submitted to the provincial people's government for approval (audit):
(1) land implementation plan for eight cities and towns approved by the State Council;
(2) Batch construction land (including towns, the same below) within the scope of urban construction land determined by the overall land use planning approved by the provincial government;
(3) Separate site selection for projects other than the first paragraph of Article 7;
(4) Requisition of cultivated land other than basic farmland is less than 35 hectares and other land is less than 70 hectares.
Chapter three. Approval procedure
Article 9. Batch conversion of agricultural land and land expropriation schemes in eight cities that need to be reported to the State Council for approval shall be implemented according to the following procedures:
1, the municipal land and resources management department draws up the Description of Agricultural Land Conversion and Land Expropriation Scheme, fills in the Form of Agricultural Land Conversion and Land Expropriation, sorts out the materials of urban land utilization scheme and reports them to the Municipal People's Government;
2, the Municipal People's government reported to the provincial people's government;
3, the provincial land and resources management department on behalf of the provincial people's government audit summary of agricultural land conversion and land acquisition plan reported by the eight cities and issue audit opinions, by the provincial people's government reported to the State Council;
4. After the State Council approved the plan of agricultural land conversion and land expropriation in eight cities, the provincial land and resources management department informed eight cities to report the implementation plan of urban land use.
Tenth, need to be submitted to the provincial people's government for approval in batches of agricultural land conversion and urban construction land requisition (including eight cities implementation plan), should perform the following procedures:
1, the county (city) land and resources management department shall organize the report in accordance with the relevant provisions of the state and submit it to the county (city) people's government;
2, county (city) people's government, reported to the Municipal People's government;
3, the city land and resources management department for examination and approval, reported to the Municipal People's government reported to the provincial people's government;
4, the provincial land and resources management department after the review, in accordance with the statutory authority reported to the provincial people's government;
5. After the provincial people's government approves the conversion of agricultural land and land expropriation, the municipal and county people's governments organize the implementation of land expropriation and land supply;
6. The municipal administrative department of land and resources with districts shall report the situation of construction land in the previous quarter 5 days before the first month of each quarter, and report it to the Ministry of Land and Resources and the provincial land and resources management department for the record as required.
Eleventh, the need to report to the State Council and the provincial government for approval of agricultural land conversion and land expropriation separate site selection projects, the following procedures shall be implemented:
1, application for land use by the project unit;
2, the county (city) land and resources management departments to perform land acquisition procedures in accordance with the law, in accordance with the relevant provisions of the state, the organization reported to the county (city) people's government;
3, county (city) people's government, reported to the Municipal People's government;
4, the city land and resources management department for examination and approval, reported to the Municipal People's government reported to the provincial people's government;
5, the provincial land and resources management department after the review, by the provincial people's government in accordance with the statutory authority issued a review opinion;
6, the provincial people's government according to the examination and approval authority, according to the law to approve the conversion of agricultural land and land expropriation or report to the State Council for approval;
7. After the approval of the State Council and the provincial government, the municipal and county people's governments shall provide land to the project land applicants according to law;
8. The municipal land and resources management department with districts shall report the situation of construction land in the last quarter before 5 days of the first month of each quarter, and report it to the provincial land and resources management department for the record in accordance with the regulations.
The fourth chapter, the construction land report content requirements
Twelfth, eight cities to be submitted to the State Council for approval of the batch of agricultural land conversion and land requisition plan for approval shall be accompanied by the following materials:
1, the municipal people's government for instructions, land requisition list;
2, the city land and resources management department of agricultural land conversion and land acquisition program;
3, stamped with the official seal of the Municipal People's government annual agricultural land conversion and land requisition schedule;
4. Land use status map, 65,438+0: 65,438+0,000 standard map, indicating the land use position;
5, stamped with the official seal of the municipal land and resources management department and marked the location of the central city construction land scope control chart;
6. Local documents on land requisition compensation and resettlement, employment and social insurance of landless farmers, and the balance of cultivated land occupation and compensation.
The description of agricultural land conversion and land expropriation scheme shall include the following contents:
(1) Detailed land use planning indicators, including the proportion of this city's planning indicators in the whole province and central cities in the whole city;
(two) the basic situation of the application for land;
(3) Analysis of the implementation of the urban agricultural land conversion and land requisition plan approved by the State Council in the last year and the supply of land requisition;
(4) the prediction of urban economic and social development and construction land demand, and the situation that the scale of land use in that year is too large due to special circumstances or large-scale projects;
(five) the occupation of cultivated land and compensation, the name, location, area, capital, acceptance unit and acceptance number of the supplementary cultivated land project;
(6) Documents and standards on which land compensation and resettlement are based;
(seven) the composition of the planned use of the land for application. The area and proportion of infrastructure, public buildings, industrial storage, residential land and special land, involving real estate development land, combined with the current real estate market analysis, the proportion of affordable housing, low-rent housing and low-priced, small and medium-sized apartments in residential land;
(eight) the implementation of new construction land use fees paid.
Thirteenth, reported to the State Council for approval of a separate site selection project, the following materials should be attached.
1, the people's governments of all districts, cities and counties (cities) ask for instructions, and the land requisition list;
2. The county (city) people's government demonstrates the legality of land compensation, the feasibility of resettlement and the implementation of guarantee funds, and the per capita cultivated land area before and after land acquisition. ;
3, the project land application form;
4, construction land declaration, agricultural land conversion plan, supplementary arable land plan, land requisition plan (to recover state-owned land, with land recovery agreement), land supply plan;
5, the construction land ownership summary table;
6, the project land pre-trial opinions;
7, planning and site selection opinions (except linear engineering);
8, project approval (or approval, filing) documents, the national policy requires a preliminary design, the need for preliminary design approval or expert argumentation;
9, involving the occupation of forest land, with the "occupation of forest land permit";
10, involving geological disaster-prone areas, with geological disaster risk assessment and filing by provincial land and resources management departments; Does not involve geological disaster prone areas, reported to the municipal land and resources management department for the record;
1 1, involving important mineral deposits, and the opinions of provincial land and resources management departments cover mineral resources;
12, provincial projects (or approval, filing), should be submitted by the construction unit to the provincial development and reform department for instructions (in line with the national industrial policy, market access, approval) in accordance with the Notice of the General Office of the Ministry of Land and Resources on Doing a Good Job in Reporting the Approval of Construction Land in the State Council (No.2006118).
13 is a provincial-level examination and approval (or approval, filing) project, involving the occupation of basic farmland, with an explanation that the site selection cannot avoid basic farmland, and the provincial land and resources management department will organize demonstration opinions to supplement the basic farmland planning.
14. If the land is provided by way of paid agreement, a land evaluation record form and a paid land use contract (herb) shall be attached;
15, hearing materials for land requisition. If the landless peasants voluntarily give up the hearing, the villagers' group shall give up the hearing certificate; If the hearing is not explicitly waived and no application for hearing is made, a notice of hearing and a receipt shall be attached, and the land and resources management department of the county (city) responsible for land acquisition shall issue a statement of waiver of hearing; The hearing shall be accompanied by the transcripts of the hearing and the explanation of the people's government responsible for land acquisition on revising and improving the compensation scheme for land acquisition compensation and resettlement.
16, supplementary cultivated land acceptance document, acceptance form and supplementary cultivated land location map issued by the municipal land and resources management department with districts;
17, 1: 10000 land use standard map;
18, technical report on land survey and demarcation and land survey and demarcation map;
19, overall land use planning. Involving the adjustment of the overall land use planning, with the relevant materials, argumentation opinions and hearing materials of the overall land use planning adjustment;
20. General plan of construction project (large linear project is not attached with this plan).
Fourteenth, submitted to the provincial examination and approval of urban land (including eight urban land implementation plan), the following materials should be attached:
1, the people's governments of all districts, cities and counties (cities) ask for instructions, and the land requisition list;
2, the city or county (city) people's government on the legality of land acquisition compensation, the feasibility of resettlement and the implementation of security funds, land acquisition hearing and land supply;
3, submit instructions, agricultural land conversion plan, supplementary farmland plan, land acquisition plan;
4. Opinions of the municipal and county governments on the overall arrangement of urban land use and project construction this year;
5, the proposed land ownership summary table;
6, land acquisition hearing materials (above);
7, the administrative departments of land and resources of cities with districts shall supplement the cultivated land acceptance documents, acceptance forms and supplementary cultivated land location maps;
8. 1: 1 10,000 standard framing land use status map;
9. Land survey and demarcation map (indicating coordinate values and land area on the map);
10, indicating the overall land use planning map of the land requisition location.
Fifteenth, the provincial examination and approval of a separate site for the project, the following materials should be attached:
1, the people's governments of all districts, cities and counties (cities) ask for instructions, and the land requisition list;
2, the city or county (city) people's government on the legality of land acquisition compensation, the feasibility of resettlement and the implementation of security funds, changes in cultivated land before and after land acquisition, land acquisition hearing.
3, the declaration of construction land, agricultural land conversion plan, supplementary arable land plan, land requisition plan (land recovery agreement), land supply plan;
4, the project land pre-trial opinions;
5, project approval (or approval, filing) documents and preliminary design approval documents;
6, intends to requisition land ownership summary table
7, land acquisition hearing materials (above);
8, the administrative departments of land and resources of cities with districts shall supplement the cultivated land acceptance documents, acceptance forms and supplementary cultivated land location maps;
9, involving the occupation of forest land, forest land occupation permit issued by the Provincial Forestry Department (or forest land audit opinion);
10, involving geological disaster-prone areas, with geological disaster risk assessment and filing by provincial land and resources management departments;
1 1, involving important mineral deposits, and the opinions of provincial land and resources management departments cover mineral resources;
12. If the land is provided by way of paid agreement, a land evaluation record form and a land transfer contract (draft) shall be attached;
13, land survey and demarcation map (indicating coordinate values and ownership, land type and area on the map);
14, 1: 10000 land use standard map;
15, the overall land use planning map indicating the land location. Involving planning adjustment, with planning adjustment related materials, argumentation opinions and planning hearing materials;
16, the general plan of the construction project (this figure is not attached for large linear projects).
Sixteenth, the provincial examination and approval of the expropriation of township and village collective construction land, can be submitted for approval in batches or according to the project, the following materials should be attached:
1, the people's governments of all districts, cities and counties (cities) ask for instructions, and the land requisition list;
2, the city or county (city) people's government on the legality of land acquisition compensation, the feasibility of resettlement, the implementation of security funds, land acquisition hearing and change of land use, land use and so on. ;
3, submit instructions, land acquisition plan;
4, the proposed land ownership summary table;
5, the original collective land use certificate of collective enterprises, legal agricultural land conversion and land use approval documents, project land list (such as application materials according to project mode, land transfer agreement, state-owned land transfer evaluation record form, land compensation use contract (herbaceous) and land supply plan);
6, land acquisition hearing materials (ditto);
7. Land survey and demarcation map (indicating coordinate values, ownership, land type, present situation and area).
8.1:10000 standard land use status map marked with land location.
9, indicate the location of the overall land use planning.
Seventeenth, the format and time requirements of the materials for approval:
(a) the submitted materials must be submitted in strict accordance with the unified format and requirements stipulated by the state and the province, and the prescribed format forms shall not be changed at will.
(2) Eight cities report implementation plans in batches, and other cities and counties report agricultural land conversion and land acquisition plans in batches. In principle, it should be controlled within five batches per year. The application time of the annual urban land use plan of eight cities shall be handled in accordance with the relevant provisions of the state, and other construction land applications shall be completed before June 65438+February 65438+May of that year.
(three) construction land materials submitted to the State Council for approval in triplicate, with 2 drawings and 2 electronic documents; The construction land materials submitted to the provincial people's government for examination and approval shall be written 1 copy, drawings 1 copy and electronic documents 1 copy, and both paper documents and electronic documents shall be submitted at the same time.
(four) the reporting materials require binding specifications and clean surface.
Chapter V Supplementary Provisions
Eighteenth, these Measures shall be interpreted by the Shandong Provincial Department of land and resources.
Nineteenth, these Measures shall be implemented as of the date of issuance.
For more information about project/service/procurement bidding, and to improve the winning rate, please click on the bottom of official website Customer Service for free consultation:/#/? source=bdzd