Real Estate Perspective: Highlights of the Regulations on the Implementation of the Land Management Law

The Regulations on the Implementation of the Land Administration Law of the the People's Republic of China have been revised and adopted at the 132nd executive meeting of the State Council on April 21, 2021, and promulgated by Decree No. 743 of the State Council on July 2, 2021, and will come into force on September 1, 2021.

The newly revised "Regulations on the Implementation of the the People's Republic of China Land Management Law" (hereinafter referred to as the "Regulations on the Implementation of the Land Management Law") is in line with the "the People's Republic of China Land Management Law" (hereinafter referred to as the "Land Management Law") that will come into effect in 2020. The planning system, strict implementation of the cultivated land protection system, standardization of construction land management, improvement of the land inspection system, and increased penalties for land violations have made detailed and supplementary regulations, it responds to many problems in practice, thus effectively improving the operability of land management practice. The author now summarizes and interprets the highlights of the new Land Management Law Implementation Regulations as follows:

The new "Regulations for the Implementation of the Land Management Law" implements the major decisions and deployments made by the Party Central Committee, integrating the main functional area planning, land use planning, urban and rural planning and other spatial planning into a unified land space planning, and replacing the original "Land Use Master Plan" with "Land Space Planning" clarifies the effectiveness and content of land space planning, and stipulates that land space planning should coordinate the layout of agricultural, ecological, urban and other functional spaces, delineate and implement permanent basic farmland, ecological protection red line and urban development boundary. The land space planning shall include the land space development and protection pattern and the planning land layout, structure and use control requirements, and clarify the requirements for the scale of construction land, the amount of cultivated land, the area of permanent basic farmland protection and the red line of ecological protection, so as to improve the level of land conservation and intensive use and ensure the sustainable use of land.

1. Control the conversion of cultivated land to non-cultivated land and establish a compensation system for cultivated land protection

At present, there are still a large number of phenomena in practice, such as the conversion of cultivated land into woodland, grassland and garden land, which seriously affects the national food security. In order to firmly hold the red line of cultivated land protection, on the basis of summing up the successful experience of implementing the compensation system for cultivated land protection in some parts of the country, the first paragraph of Article 12 of the new regulations on the implementation of the Land Management Law stipulates that the state shall implement special protection for cultivated land, strictly abide by the red line of cultivated land protection, strictly control the conversion of cultivated land into woodland, grassland, garden land and other agricultural land, and establish a compensation system, the specific measures and the implementation steps of farmland protection compensation shall be formulated by the natural resources department of the State Council in conjunction with the relevant departments. The third paragraph of Article 12 stipulates that cultivated land shall be given priority to the production of grain and agricultural products such as cotton, oil, sugar and vegetables. Where, in accordance with the relevant provisions of the State, it is necessary to convert cultivated land into woodland, grassland, garden land and other agricultural land, priority shall be given to the use of cultivated land that is difficult to be used stably for a long time.

2. It is clear that the main body of responsibility for the protection of cultivated land is the provincial people's government.

Article 13 of the new "Regulations for the Implementation of the Land Management Law" stipulates that the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the protection of cultivated land in their administrative regions, and their main persons in charge are the first responsible persons for the protection of cultivated land in their administrative regions. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall decompose and assign the amount of cultivated land and permanent basic farmland protection tasks determined by the State Council, and implement them to specific plots. The State Council shall assess the implementation of the objectives of cultivated land protection responsibility of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. This is the first time from the administrative level of farmland protection responsibility subject to be clearly defined.

1, confirm the legal status of the listing transfer.

In the practice of land management, listing has become the main way to transfer the right to use state-owned construction land, showing strong vitality. This time, the new "Land Management Law Implementation Regulations" established the legal status of the listing transfer method for the first time from the level of administrative regulations. Article 18 stipulates: In addition to the method of mutual agreement in accordance with the law, competition such as bidding, auction, and listing shall be adopted. Ways to determine land users.

2. Improve the management of temporary land use

In view of the fact that the term of temporary land is too single and the responsibility for land reclamation of temporary land is not implemented, Article 20 of the new regulations on the implementation of the Land Management Law makes innovative provisions on the management of temporary land, making it clear that temporary land should not occupy or occupy less cultivated land as far as possible. The duration of temporary land use is generally not more than two years. Temporary land used for the construction of transportation, water conservancy, energy and other infrastructure with a long construction period shall not exceed four years, unless otherwise provided by laws and administrative regulations. Land users shall complete land reclamation within one year from the date of expiration of the temporary land use to make it available for use.

3. Optimize the approval process of construction land

The new "Regulations for the Implementation of the Land Management Law" continue to deepen the reform of "decentralization, management and service", merge pre-examination and site selection opinions, and adjust the approval authority of agricultural land conversion plans, reduce the approval levels, and clearly stipulate that the city and county people's governments organize natural resources and other departments To draw up an agricultural land conversion plan and submit it to the people's government with the power of approval for approval, and delete the original "step-by step-by step" approval "approval.

4. Refine land expropriation procedures

The new "Regulations for the Implementation of the Land Management Law" lists "land expropriation" in a separate section, from the investigation and evaluation before the proposed expropriation to the implementation of various fees after the expropriation application is approved. The land expropriation procedures are detailed. It mainly includes:(1) it is clear that the pre-announcement of land acquisition should be issued for land acquisition, and the content and time of the pre-announcement are clearly stipulated;(2) it is supplemented with the specific implementation requirements of legal procedures such as land status investigation, social stability risk assessment, land acquisition compensation and resettlement announcement, hearing, compensation registration and signing of agreements;(3) The full amount of land-related expenses (land compensation fees, resettlement subsidies, compensation fees for rural villagers' houses and other above-ground attachments and young crops, social security fees, etc.) shall be in place as a precondition for approving land expropriation.

5. Enhance the protection of farmers' homestead rights and interests

The new "Land Management Law Implementation Regulations" also lists "homestead management" in a separate section, and uses four provisions to clearly stipulate the layout of homestead and the arrangement of construction land indicators. In view of the infringement of the legitimate rights and interests of rural villagers' homestead in some places, the new regulations on the implementation of the land management law specifically stipulates four prohibitions: forbidding the forced transfer of homestead against the wishes of rural villagers, prohibiting the illegal recovery of homestead obtained by rural villagers according to law, and forbidding the withdrawal of homestead as a condition for rural villagers to settle in cities, Forcing rural villagers to move out of homestead.

6, clear collective business construction land into the market trading rules.

On the basis of the provisions of the Land Management Law on the entry of collective business construction land into the market, the new regulations on the implementation of the Land Management Law clearly stipulate the requirements for the preparation and examination of the scheme for the transfer and lease of collective business construction land: the land owner shall, in accordance with the planning conditions, industrial access and ecological environment protection requirements, prepare the transfer and lease plan and report it to the municipal and county people's governments. A written contract shall be signed for the transfer and lease of collective operating construction land, and the contents of the contract shall be clearly stipulated. A written contract shall also be signed and the owner of the land shall be notified of the re-transfer of the collective business construction land acquired by way of transfer.

On the basis that the "Land Management Law" upgraded the national land inspection system to a legal system, the new "Land Management Law Implementation Regulations" delimits the boundary for the exercise of land inspection rights from the three levels of land inspection subject, content and method. First, the State Natural Resources Supervision Agency shall, in accordance with its authorization, supervise the land use and land management of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities determined by the State Council. Second, the six core contents of land supervision are:(1) the protection of cultivated land;(2) the economical and intensive use of land;(3) the preparation and implementation of land and spatial planning;(4) the implementation of major national decisions on land management;(5) the implementation of land management laws and regulations; and (6) other land use and land management. Third, the ways in which the state natural resources inspection agency exercises the power of land inspection mainly include: issuing inspection opinions to the local people's government under inspection, interviewing the relevant persons in charge of the local people's government under inspection, and may report to the supervisory agency and the appointment and removal agency in accordance with the law. Put forward suggestions to hold the relevant responsible persons accountable.

The new Regulations on the Implementation of the Land Management Law have improved the penalties for land violations. The first is to add penalties, increase the illegal occupation of permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish, infringe on the rights and interests of homesteads obtained by rural villagers in accordance with the law, embezzlement, embezzlement, misappropriation, private division, interception, arrears of land acquisition compensation and resettlement fees and other related expenses The legal liability provisions that should be borne. The second is to increase the amount of punishment. The fine for illegal occupation of land shall be adjusted from 10 yuan to 30 yuan per square meter of illegal occupation of land to 100 yuan to 500 yuan per square meter of illegal occupation of land. The fine for illegal transfer shall be adjusted from 5% to 20% of the illegal income to 10% to 30% of the illegal income. The third is to effectively solve the problem of who will be handed over to after the confiscation of illegal buildings. The new Regulations for the Implementation of the Land Administration Law stipulates that if the natural resources department of the people's government at or above the county level confiscates newly built buildings and other facilities on illegally transferred or illegally occupied land, it shall be handed over to the people at the same level within 90 days. The government or its designated department shall manage and dispose of it in accordance with the law.