1. Reserve land requisitioned by rural collective economic organizations (hereinafter referred to as reserve land) refers to the construction land allocated to the requisitioned rural collective economic organizations for the development of production after the country requisitioned rural collective land according to a certain proportion of the actual land requisitioned.
2. The right to use the reserved land and its income are all owned by rural collective economic organizations. The resettlement standard for land requisition and land retention shall be arranged according to 10% to 15% of the actual land area of rural collective economic organizations, and the specific proportion shall be determined and listed by local people's governments at various levels according to local conditions and project construction.
Under any of the following circumstances, the land may be reserved and compensated by currency conversion:
1. The rural collective economic organizations with expropriated land choose to convert monetary compensation and give up the reserved land for resettlement;
2, the land within the scope of land acquisition of rural collective economic organizations, does not conform to the overall land use planning, urban and rural planning and site selection for reserved land;
3, land-expropriated rural collective economic organizations put forward the reserved land site selection scheme does not conform to the overall land use planning or urban and rural planning to determine the construction land arrangement, and after full consultation with the city and county (city, district) people's government can not reach an agreement;
4. If the reserved land already belongs to the collective, and the rural collective economic organization applies to expropriate the reserved land for the use of state-owned land, it will no longer arrange the reserved land, nor will it be converted into monetary compensation;
5. Improve the examination and approval methods of reserved land;
(1) If the land requisition is approved by the provincial people's government according to law, or if the implementation plan of agricultural land conversion and land requisition is reviewed by the provincial people's government after it is approved by the State Council, the reserved land must be submitted for approval when applying for land use, or it must be cashed simultaneously by means of converted monetary compensation;
(2) If the area of the reserved land to be requisitioned is less than 3 mu, and the rural collective economic organization whose land is requisitioned agrees to postpone the arrangement of accumulative merger with other reserved land, the formalities for examination and approval of the reserved land may be postponed separately, but at the latest it shall not exceed 1 year;
(3) For a single site selection project approved by the State Council according to law, the reserved land approval formalities or monetary compensation can be converted into cash within 6 months after the land approval;
(4) If the construction of immigrant reserved land involves the use of forest land, it shall go through the formalities of forest land use permit according to law; Where logging is involved, the procedures for logging license shall be handled according to law.
6, standardize the reserved land approval materials:
(1) If the reserved land is submitted for approval together with the expropriated land, it shall provide the reserved land resettlement plan formulated by the people's government at or above the county level (the reserved land resettlement plan shall specify the location, area and use of the reserved land, etc.). ), and the written proof that the rural collective economic organizations whose land has been expropriated voted to agree to the reserved land resettlement plan;
(II) Where the reserved land is submitted for approval separately, the land administrative department of the government at or above the county level shall make a special written explanation, including the land parcel corresponding to the land parcel or project that needs to be reserved, the land acquisition area of the original land parcel or project, the land acquisition time, the proportion of the reserved land, the arrangement of reserve land indicators, the opinions of the rural collective economic organizations whose land has been expropriated on the site selection scheme of the reserved land, and whether they have been fully negotiated. And attached to the county (city, district) people's government of the rural collective economic organizations whose land was expropriated at that time, the land use approval and specific written commitment documents, or the relevant agreement documents signed by the county (city, district) people's government and the rural collective economic organizations whose land was expropriated at that time.
To sum up, the state is formulated for the benefit of the broad masses of people, and it is a series of policies formulated for reality according to the present situation of rural development. Therefore, in the face of such problems, we should abide by relevant laws and make our own contribution to rural construction.
Legal basis:
Article 4 of People's Republic of China (PRC) Urban and Rural Planning Law
The formulation and implementation of urban and rural planning should follow the principles of overall planning between urban and rural areas, rational layout, land conservation, intensive development, and planning before construction, improve the ecological environment, promote the conservation and comprehensive utilization of resources and energy, protect natural resources such as cultivated land and historical and cultural heritage, maintain local characteristics, ethnic characteristics and traditional features, and prevent pollution and other public hazards, in line with the requirements of regional population development, national defense construction, disaster prevention and mitigation, public health and public health. Construction activities in the planning area shall comply with the provisions of laws and regulations on land management, natural resources and environmental protection. The local people's governments at or above the county level shall, according to the reality of local economic and social development, reasonably determine the development scale, steps and construction standards of cities and towns in the overall urban planning and town planning.