Article 1: To implement the Party Central Committee、State Council and Provincial Party Committee、Provincial government decision-making and deployment，Implement the "Notice of the Ministry of Agriculture and Rural Affairs and the Ministry of Natural Resources on Regulating the Approval and Management of Rural Homestead Sites" (Nongjingfa [2019] No. 6) "The Notice of the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources on ensuring the rational use of land for rural villagers' residential construction" ( The spirit and requirements of Natural Resources Development [2020] No. 128,Standardize and guide the approval and management of residential construction land for rural villagers in the province，Effectively ensure the reasonable use of land for residential construction in rural areas，In accordance with the Land Management Law and the State、Provincial land management laws, regulations and policies，Develop these implementation rules。

  Article 2 These implementation rules apply to the conversion of agricultural land involved in ensuring the land for residential construction of rural villagers in the province、Homestead review and approval management work。

 Article 3 Natural Resources at All Levels、Agricultural and rural authorities should divide labor according to department functions and responsibilities，Enhance collaboration，Close cooperation，Work together to provide rural villagers with land guarantee services for residential construction，Effectively ensure that rural households have a place to live。

dafabet mobile login

 Article 4: The annual plan indicators for new construction land involved in rural villagers’ residential construction land shall be managed separately，In principle, it shall not be less than 5% of the province’s annual plan target for new construction land。

  The county-level agricultural and rural authorities are responsible for organizing and carrying out statistical surveys on the current status of rural homesteads in the county and annual rural villagers’ land demand for residential construction；The dafabet mobile loginnatural resources department is responsible for planning and ensuring the land demand for residential construction of rural villagers。

  Propose the annual plan indicator requirements for rural villagers’ residential construction land that need to be guaranteed on a county basis，After review by the Provincial People’s Government, report to the Ministry of Natural Resources for confirmation。

  Article 5 The natural resource authorities at all levels shall work together with the agricultural and rural authorities，According to the unified arrangements of the country and province，Promptly submit the annual plan indicator demand for new construction land for rural villagers to build houses、Usage management of annual plan indicators involved in the approval of agricultural land conversion，And report to the Ministry of Natural Resources for the verification of plan indicators。

  Article 6 County-level agricultural and rural authorities guide township (town) governments、The sub-district office promptly finds out the villagers’ land needs for building houses and homesteads，And included in ledger list management，After proposing annual plan indicator requirements for new construction land for villagers’ residential construction on a county basis，Report in time according to relevant national requirements。

  Article 7 Annual plan indicator requirements for new construction land involved in villagers’ house building、Planned write-off，After the county-level dafabet mobile loginnatural resources department together with the agriculture and rural departments report to the people's government at the same level for review and approval，Submitted by the county-level people’s government to the municipal (district) natural resources department for review；The municipal (district) natural resources department solicits opinions from the agricultural and rural departments at the same level，After reporting to the municipal (district) people’s government for review and approval，Submit the current year’s planned indicator requirements to the Provincial Department of Natural Resources and the Provincial Department of Agriculture and Rural Affairs before the first quarter of each year。

  The Provincial Department of Natural Resources and the Provincial Department of Agriculture and Rural Affairs conduct a preliminary review of the demand for planned indicators reported by the city (district)，Report to the Ministry of Natural Resources after review and approval by the Provincial People’s Government。The Provincial Department of Natural Resources coordinates and arranges for the Ministry of Natural Resources to separately list the annual plan indicators for rural villagers’ residential construction land in our province，Special guarantee for residential construction land for rural villagers，Reimbursement of actual expenses at the end of the year；Insufficient protection in that year，Priority protection for the next year。

  Article 8 Encourage pilot projects for comprehensive land consolidation in the entire region、Linked increase or decrease in urban and rural construction land、Construction land indicators generated by pilot projects for reclamation and utilization of abandoned industrial and mining land，Priority will be used to ensure the housing construction of rural villagers。

 Chapter 2  Agricultural land conversion approval management

 Article 9 Rural villagers’ residential construction occupies agricultural land (including unused land，The same below)，Agricultural land conversion approval procedures should be completed in accordance with the law。All localities must strictly follow regulations to review and approve the conversion of agricultural land，Ensure efficient and fast approval。

 Approval for the conversion of agricultural land occupied by rural villagers’ residential construction，Within the range of released indicators，Approved by each city (district) government。Before the relevant laws and regulations clearly delegated the authority to approve the conversion of agricultural land involved in villagers’ house building to the county-level people’s government,City (district) governments may also entrust county-level governments to review and approve agricultural land conversion matters within their prescribed authority。

 County-level dafabet mobile loginnatural resources departments follow the regulations on land use in batches in cities and towns，Organize submission materials for approval in accordance with laws and regulations。

 Article 10 The construction of rural villagers’ residences involves the approval of agricultural land conversion，Should comply with village planning or land space use control rules，And implement the annual plan indicators for new construction land。Involving the occupation of cultivated land，Need to implement the balance of farmland occupation and compensation。Does not comply with the approval regulations for agricultural land conversion，No approval is allowed。

 Article 11 The county-level natural resources authorities shall submit the report of each township to the agricultural and rural authorities、New construction land demand plan for residential construction of street villagers，In principle, in the first half of each year，One-time organization to apply for approval procedures for agricultural land conversion，Ensuring reasonable land demand for villagers’ housing construction and new construction。It is really difficult to organize a one-time application and go through the approval procedures for agricultural land conversion，Approval can be organized in a timely manner as needed。

  Article 12 The county-level people’s government handles the examination and approval of agricultural land conversion，Involving the task of balancing farmland occupation and compensation，Solved as a whole by the county-level people’s government，It is strictly prohibited to charge villagers farmland reclamation fees or occupation-compensation balance index fees during homestead approval。

  Article 13 Municipal (district) People’s Government and Natural Resources、Agricultural and rural authorities must strengthen overall planning and coordination，Supervise and guide the counties (cities) within the jurisdiction、District) Do a good job in the review and approval supervision of agricultural land conversion for residential construction in rural areas，Within 10 days from the date of issuance of land use approval，Complete land use approval filing and online filing of land use plan management system and other related work。

 Chapter 3  Planning, control and leadership

 Article 14 Municipalities、Counties should combine rural revitalization strategic planning and territorial spatial planning，Comprehensively carry out village classification and layout work，Explicit dafabet loginaggregation promotion class、Urban-suburban fusion、Featured Protection Class、Village classification such as relocation, demolition and merger，Laying the foundation for the compilation of village planning classification。

  Article 15: Counties are being established in various places、Township-level land spatial planning and practical village planning，To be combined with village classification，Coordinate and consider the resource endowments of various places、Development potential、Rural production and living habits and other factors，And reasonable demand for land for rural residential construction，Reserve space for residential construction land for rural villagers。

  Conditional、Village in need，We must make full use of existing village planning results，Evaluate according to the requirements of “multiple regulations in one” practical village planning。Assessment that meets the requirements，Strictly implement in accordance with regulations。

 The village planning has not yet been approved，When approving homestead land，County-level dafabet mobile loginnatural resources departments should make overall plans and consider the scale and layout of homestead land，Connect with future planning。

 There is currently no condition to prepare a village plan，Should be in the county、The township-level land space planning clearly clarifies the village land space use control rules and construction control requirements，As an implementation of land and space use control、Basis for issuing rural construction planning permit。

 Article 16 The preparation of village planning must be based on local conditions、Highlight regional characteristics、Focus on cultural inheritance，Strengthen the style planning and guidance of various constructions，Highlight the unique features of the village。Village planning should determine the size of the homestead reasonably、Delineate the scope of homestead construction，Clear control requirements。

 Article 17 Villagers select sites to build residences within the village planning area，Rural construction planning permit should be issued in accordance with regulations；Those who have not yet prepared a village plan，According to usage control rules and construction control requirements，Issuance of rural construction planning permit，Indicate construction control requirements and constraints，Regulating villagers’ residential construction behavior。

  Village Residential Construction Planning Permit，The township people’s government can be entrusted to issue it according to law。

  Article 18 Land for residential construction of rural villagers，Involving the adjustment of collective land use rights，By township government、The sub-district office guides rural village committees or collective economic organizations to adjust the collective land use rights in the planning area。Village committees or collective economic organizations cannot coordinate and adjust，Township government、The subdistrict office should actively help coordinate the solution，Enforce villagers to select sites and build houses in accordance with regulations。

  City、The county people’s government should take into account local realities，Develop implementation opinions on the adjustment of collective land use rights in village planning areas，Standardize and guide the adjustment of collective land use rights，Ensure the smooth implementation of village planning。

  Chapter 4  Balance management of cultivated land occupation and compensation

  Article 19 It is the main responsibility of the county-level people’s government to implement the balance of cultivated land occupation and compensation。Rural villagers’ residential construction occupying cultivated land，County-level natural resources authorities supplement the cultivated land quota through county-level reserves、Implementing land consolidation and replenishing cultivated land and other methods to uniformly implement the balance of cultivated land occupation and compensation。Before applying for approval for conversion of agricultural land，County-level natural resource authorities should be linked to the national farmland occupation and compensation balance dynamic supervision system，Implementing the balance of farmland occupation and compensation，The supplementary cultivated land quota will be written off when the agricultural land conversion is approved and recorded。

  Article 20: Insufficient quota for replenishing cultivated land at the county level，Can be adjusted and implemented by the municipal dafabet mobile loginnatural resources department within the municipality。Still unable to adjust and implement within the city area，Can apply for provincial coordination。

 Article 21 The original homesteads of rural villagers are re-cultivated through construction, demolition and restoration，Can be verified according to the new farmland verification method，After filing in the Ministry of Agriculture’s farmland occupation and compensation balance dynamic supervision system，Used to balance farmland occupation and compensation。

 Chapter 5  Strict management of homestead land approval

 Article 22 Approval of Rural Homestead Land，We must strictly implement usage control rules and construction control requirements。All dafabet mobile loginlocalities should guide villagers to select sites for construction according to plans，Outside the planning area，In principle, no new homestead land is allowed。

 Article 23 Villagers’ new construction、Renovation、Expansion of residence，Land should be rationally utilized and conserved intensively，We must make full use of existing collective construction land such as old homesteads、Vacant land and non-cultivated land，Encourage occupation of barren hills、Unused land such as barren slopes，Occupy no or less cultivated land，It is prohibited to occupy permanent basic farmland。Prohibited during floods、New rural villagers’ houses in geological disaster risk areas。

 Article 24 Relevant departments at all levels must strictly abide by laws, regulations and policies，The location selection for homestead land does not comply with the national land and spatial planning、Use control requirements，Does not meet “one household, one house” or the land use standards stipulated by our province，Sell the original residence、Leasing or giving it to others before applying for homestead land，Applying for a new residence in another location without signing an exit agreement for the old homestead，No rural construction planning permit shall be issued、No approval for homestead land is allowed。

  Review the historical problems such as excessive homestead area and "one household with multiple houses"，It must be classified and dealt with in accordance with relevant policies and regulations。

  Less land per capita、In areas where one household cannot be guaranteed to own one homestead，On the basis of fully soliciting farmers’ wishes，Take various measures in accordance with land management laws and regulations，Safety households have a place to live。Pay attention to the identification of “household” and the rationality of household division，Make a good connection with household registration management，Do not use household registration and homestead approval as mutually prerequisite application conditions。

 Article 25 All localities must conscientiously implement the requirements of the "Notice of the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on the "Eight Don'ts" for Indiscriminately Occupying Farmland and Building Houses in Rural Areas" (Natural Zifa [2020] No. 127)，With a "zero tolerance" attitude，Strictly deal with new illegal occupation of farmland and building houses in accordance with the law。Natural resources at all levels、Agricultural and rural authorities must divide work according to their responsibilities，Under the leadership of the party committee and government，Enhance the use of homesteads、Full-process supervision and management of residential construction，"Early detection" of new rural occupations of farmland and housing construction、Stop early、Strict investigation”，Resolutely guard the red line of cultivated land protection。

 Article 26 In accordance with “city and county leadership、Township Responsible Person、The rural homestead management mechanism of village-level entities，City、County Agriculture and Rural Affairs、Natural resources and other departments，Under the unified leadership of the party committee and government at the same level，Based on the division of functions and responsibilities of the villagers’ residential construction management department，Cooperation，Jointly guide township governments、The sub-district offices and village committees (or rural collective economic organizations) should do a good job in the management of villagers’ residential construction。

Article 27 Township (Town) Government、The subdistrict office must prepare and publish service guidelines，Guide villagers to apply for rural construction planning permits in accordance with regulations、Homestead land approval procedures，Strictly implement relevant national and provincial planning permits for rural construction、Laws, regulations and policies on homestead land approval，Regulating villagers’ house building behavior。

  Comprehensive implementation of homestead application review、Measure and batch release after approval、Verify the "three presences on site" requirements after the completion of the residence，Strengthen application for homestead land、Approval、Full supervision of use，Strictly implement homestead standards，Prevent farmers from building houses and occupying more、Overtaken、Occupy homestead。

  Article 28 According to the annual plan indicators and the actual housing construction of rural villagers，City、Counties must apply for approval procedures for agricultural land conversion according to the "quantitative positioning" method，After approval, the township government will approve the homestead site on a household-by-household basis。For approved homesteads and houses，Process real estate registration according to regulations。

  Article 29 The competent departments of agriculture and rural areas are responsible for the work related to the reform and management of rural homesteads，Establish and improve homestead dafabet mobile appallocation、Use、Transfer、Management system for investigation and punishment of illegal land use，Improving homestead land standards，Guide to the reasonable layout of homesteads、Make full use of idle homesteads and idle farm buildings。

 The dafabet mobile loginnatural resources department is responsible for land and spatial planning、Land use planning and planning permission work，Go through relevant procedures such as agricultural land conversion approval and planning permission in accordance with the law。

 Chapter 6  Supplementary Provisions

 Article 30 The Provincial Department of Natural Resources and the Provincial Department of Agriculture and Rural Affairs are responsible for organizing, implementing and interpreting these implementation rules。

 Article 31 Revision of these Implementing Rules，Revised by the Provincial Department of Natural Resources and the Provincial Department of Agriculture and Rural Affairs in accordance with relevant national and provincial laws, regulations or policies。

 Article 32 These implementation rules shall come into effect on the date of promulgation.

Shaanxi Provincial Department of Natural Resources Shaanxi Provincial Department of Agriculture and Rural Affairs

2020November 13th