称 中央农村工作领导小组办公室农业农村部关于进一步加强农村宅基地管理的通知 文号 发布机构 业务类型 废止记录 中农发〔2019〕11号 其他 土地管理 发文时间 效力级别 来一一源 时效状态 2019年09月20日 部门规范性文件 现行有效 Name Central Rural Work Leading Group Office of the Ministry of Agriculture and Rural Affairs on Further Strengthening the Management of Rural Homesteads Document Issuer Business Type Abolition Records Zhongnongfa  No. 11 Other Land Management Issues Time Effectiveness Levels One by One Source Time Limit Status 2019 September 20 The departmental regulatory documents are in force
Provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps Party Committee Agriculture Office, Agriculture and Rural (Agriculture and Animal Husbandry) Department (Bureau, Committee):
Homesteads are an important foundation for ensuring farmers to live and work in peace and social stability in rural areas. Strengthening the management of homesteads is of great significance for protecting the rights and interests of farmers, advancing the construction of beautiful countryside, and implementing the strategy of rural rejuvenation. Due to various reasons, the current management of rural homesteads is relatively weak. In some places, problems such as occupying homesteads in excess of standards, buying and selling homesteads in violation of laws and regulations, and occupying cultivated land to build homes, etc., have often occurred to damage farmers' legitimate rights and interests. In accordance with this round of institutional reform and the newly revised Land Management Law, the agricultural and rural departments are responsible for the work related to the reform and management of house sites. In order to effectively strengthen the management of rural house sites, the relevant requirements are notified as follows.
I. Performing departmental duties effectively
The management and reform of rural homesteads are important responsibilities assigned to the agricultural and rural sectors by the party and the country. They are specifically responsible for guiding the allocation, use, circulation, dispute arbitration management, and rational layout of homesteads, land use standards, and investigation of illegal land use. Use of idle farm houses. The agricultural and rural departments at all levels must fully understand the significance of strengthening the management of homesteads. Under the unified leadership of the party committee and government, they must take the initiative to do a good job in connection with the work, improve the institutional team, implement guarantee conditions, systematically plan work, and innovate ways and methods. Duty fulfillment, maintain continuity and stability of work, and prevent situations that weaken the management of homesteads. It is necessary to proactively strengthen communication and coordination with natural resources, housing urban and rural construction and other departments, implement housing site land use indicators, establish land and space planning, village planning, homestead land registration and certification, and farm house construction and other resource information sharing mechanisms, The examination and approval management of the base is in an orderly connection with the construction of farm houses and the registration of real estate.
Implementing the local government's territorial responsibility in accordance with the law
Establish a homestead management mechanism under the guidance of ministries and provinces, city and county leadership, township responsibility, and village-level subjects. The focus of homestead management is at the grassroots level. County and township governments assume territorial responsibility, and the agricultural and rural departments are responsible for industry management. The specific work is undertaken by the rural operation and management department. With the continuous deepening of rural reform and development, the tasks of grass-roots rural operation and management departments are getting heavier and he is not only responsible for routine tasks such as rural land contract management, cultivation of new agricultural business entities, collective economic development, and asset financial management, but also shoulders of rural land The important responsibilities of reform and innovation of the system, the collective property rights system, and the operating system. After this round of institutional reforms, important tasks such as homestead management and rural governance have been added. However, the current rural management system at the grassroots level is not perfect, the team is unstable, the strength is not matched, and the protection is not in place. The presence or absence of this team directly determines whether the rural reform can be implemented and whether the legitimate rights and interests of farmers can be effectively maintained. The county and township governments must strengthen organizational leadership, practically strengthen the construction of grass-roots rural operation and management systems, increase support, strengthen their capacity, implement funding, improve conditions, and ensure that work is done with responsibility and responsibility.
According to the newly revised land management law, rural villagers' residential land shall be examined and approved by the township government. The township government should explore the establishment of a unified management mechanism for homesteads based on local conditions, rely on grass-roots rural operation and management departments, coordinate and coordinate the relevant departments' homeland land review, rural construction planning permits, and supervision of rural house construction, and implement a window for external acceptance and multi-department internal linkage. Operate, establish a system of joint review and management of house sites and rural houses and towns, and provide convenient and efficient services for farmers. It is necessary to strengthen the overall supervision of the application, approval and use of homesteads, and implement the "three-arrival" requirements, such as the presence of homestead applications for review, approval, measurement, approval, and check-in after the completion of residences. It is necessary to carry out dynamic inspections of rural homesteads, timely discover and deal with various illegal acts involving homesteads, and prevent new illegal land violations. It is necessary to guide the village-level organization to improve the democratic management procedures of house sites, and explore the establishment of village-level house site coordinators.
3. Strictly implement the "one family, one house" regulations
House sites are collective construction land used by rural villagers to build houses and their ancillary facilities, including land for housing, auxiliary houses and courtyards. A rural villager can only own one house site, and the area must not exceed the standards set by the province, autonomous region, and municipality. Rural villagers should build houses in strict accordance with the approved area and building standards, and it is forbidden to occupy the house site without first approval and over-area. In the case of approval to build a house on site, the original house site shall be returned to the village collective in strict accordance with the requirements of "building new and demolishing the old". Rural villagers who apply for a house site after selling, renting, or donating their houses will not be approved. Issues such as the excessively large housing site area and “multi-family homes” formed by history shall be identified and disposed of in accordance with relevant policies and regulations. In areas where there is little per capita land and cannot guarantee that a household owns a homestead, the county-level people's government can take measures to ensure that rural villagers live in households in accordance with the standards set by the provinces, autonomous regions, and municipalities on the basis of fully respecting the wishes of farmers. .
Encourage economical and intensive use of homesteads
Strict implementation of land use control, rural villagers should build houses in accordance with the township (town) overall land use planning, village planning. Arrange land for homestead reasonably, strictly control the occupation of agricultural land by new homesteads, and never occupy permanent basic farmland; if the occupation of agricultural land is involved, the procedures for conversion of agricultural land shall be handled in advance. Villages outside the scale of urban construction land should increase the space for housing sites by giving priority to new construction land planning indicators, village remediation, and retirement of abandoned housing sites to meet the needs of farmers who meet the conditions for housing site allocation. Within the scope of urban construction land scale, farmers' apartments, farmers' residential quarters, etc. can be used to meet the farmers' living needs.
V. Encourage the use of idle homesteads and idle houses
Village collectives and farmers are encouraged to make active use of idle homesteads and idle houses, and develop farmhouses, guesthouses, and rural tourism in accordance with laws and regulations through independent management, cooperative management, and commissioned management. Urban residents, industrial and commercial capital and other leased farm houses that live or carry out business shall strictly abide by the provisions of the Contract Law, and the term of the lease contract shall not exceed 20 years. After the contract expires, the two parties can agree otherwise. On the premise of respecting the wishes of farmers and meeting the plan, the village collectives are encouraged to actively and safely carry out the renovation of idle homesteads, and the rectified land is preferentially used to meet the needs of farmers' new homesteads, village construction and rural industrial development. The land value-added income generated from the active utilization of idle homesteads should be used for agriculture and rural areas. With the consent of the owner of the homestead, rural villagers are encouraged to transfer the homestead to farmers who meet the conditions for the application of the homestead within their collective economic organization. Various regions can explore ways to guide and regulate the transfer through the establishment of a model contract for the transfer of house sites. After the transfer contract takes effect, the procedures for changing the right to use the house site should be handled in a timely manner. For rural villagers who settle in the cities, localities can raise funds through multiple channels and explore ways to encourage them to voluntarily withdraw from their homesteads.
Protecting Farmers' Legal Rights and Interests According to Law
It is necessary to fully protect the right of qualifications of farmers in housing sites and the property rights of farmers' houses. It is not allowed to forcibly transfer house sites and force farmers to "go upstairs" in various names against the will of the peasants, nor shall they illegally recover the house sites that farmers have obtained legally, and shall not withdraw from the house sites as conditions for farmers to settle in cities. Strictly control the withdrawal of the whole village, standardize implementation procedures, and strengthen supervision and management. Homesteads are the basic guarantee for living in rural villages. It is strictly forbidden for urban residents to buy homesteads in the countryside, and it is strictly forbidden to go to the countryside to use the rural homesteads to build villa complexes and private halls. It is strictly forbidden to use the name of circulation to illegally occupy or buy a homestead.
Seven, do a good job of homestead foundation work
Agricultural and rural departments at all levels should combine land surveys, registration and certification of the right to use homesteads, promote the establishment of a rural homestead statistical survey system, organize a survey of the status of the use of homesteads and farm houses, and fully understand the size and layout of homesteads. And utilization. The basic information database and management information system of house sites shall be gradually established, and the information management of application, approval, circulation, withdrawal, and investigation and punishment of illegal land shall be promoted. 及时研究解决宅基地管理和改革过程中出现的新情况新问题，注意总结基层和农民群众创造的好经验好做法，落实新修订的土地管理法规定，及时修订完善各地宅基地管理办法。 It is necessary to strengthen investigation and research , timely study and solve new situations and problems in the management and reform of homesteads, pay attention to summing up good practices and good practices created by the grassroots and farmers, implement the newly revised land management law, and timely revise and improve homesteads in various places. Management approach. It is necessary to strengthen organizational leadership, strengthen self-construction, increase legal and policy training, promote the system to build a team with work, and effectively do a good job in house site management.
Central Rural Work Leading Group Office Ministry of Agriculture and Rural Affairs
年9月11日 September 11 , 2019