In order to implement the "Anhui Provincial Natural Resources Office Anhui Provincial Development and Reform Commission Anhui Provincial Department of Agriculture and Rural Affairs on doing a good job in safeguarding and regulating the integration of rural one, two and three industries development land notice" (Anhui Natural Resources Management [2022] No. 2) spirit, to safeguard and regulate the land of the rural collective economic organizations to set up (hold) enterprises, enhance the Rural collective economic vitality, promote rural revitalization, according to the "Land Management Law of the People's Republic of China," "Anhui Province, the implementation of the Land Management Law of the People's Republic of China," and other laws and regulations, combined with the actual situation in our region, the study formulated this opinion.

One, the general requirements

(a) Guiding ideology

To Xi Jinping new era of socialism with Chinese characteristics as a guide, comprehensively Implementing the spirit of the 20th CPC National Congress, deepening the reform of the rural land system, giving full play to the important role of rural collective construction land in optimizing the allocation of resources, activating rural land elements, and improving the efficiency of resource allocation. On the basis of ensuring that the legitimate rights and interests of farmers are not damaged and collective assets are not lost, smooth the flow of urban and rural factors, support the development of rural industries with special characteristics, bring life and vitality to the rural economic and social development and growth, and broaden the channels for collective economic organizations and farmers to increase their incomes and wealth.

(2) Basic Principles

1.Adhere to the prudent and steady promotion. Grasp the rhythm of work, strict access conditions, standardize work procedures, gradually and steadily advance, focusing on preventing and responding to risk challenges, to ensure economic and social stability.

2. Adhere to the bottom line red line. Strictly adhere to the bottom line of "the nature of public ownership of land will not change, the red line of arable land will not be broken, and the interests of farmers will not be damaged", the implementation of the farmers' collective right to independent management of their land assets, the fair and reasonable distribution and use of land revenue.

3. Adhere to the saving and intensive land use. Activate the use of idle, abandoned, inefficient use of the stock of collective construction land, rational layout of land for various purposes, and promote the standardization of the use of rural collective construction land.

Second, a clear definition of the scope of application

(a) The collective construction land referred to in this opinion refers to the registration of land ownership in accordance with the law, in line with the spatial planning of the construction of the land (including the approval of the agricultural conversion of the collective land according to law). The acquisition of the right to use collective construction land is approved for use.

(2) Projects applying for the use of collective construction land shall comply with the requirements of the Notice on Doing a Good Job of Guaranteeing and Regulating Land Use for the Integrated Development of Rural One, Two, Three Industries (Anhui Natural Resources Management [2022] No. 2) of the Anhui Provincial Department of Natural Resources Anhui Provincial Development and Reform Commission, the Anhui Provincial Agriculture and Rural Affairs Department, the requirements of relevant industrial policies and ecological environmental protection regulations. The land use standards for applying for the use of collective construction land will be approved with reference to the latest version of the Anhui Province Land Use Standards for Construction Land.

(3) The application for the use of collective construction land mainly includes: rural collective economic organizations to use the township (township) of the overall planning of land space determined by the construction of land to set up enterprises or with other units, individuals in the form of land use rights into shares, joint venture and other forms of co-organization of enterprises. In accordance with the above circumstances to operate the construction land to start enterprises, must be strictly controlled.

(d) rural collective economic organizations and other units, individuals with land use rights in the form of shares, joint ventures and other forms of enterprises to use collective construction land, the use of the life shall not exceed the maximum number of years of state-owned construction land for similar purposes.

Three, clear application subject and conditions

(a) rural collective economic organizations to set up enterprises or with other units, individuals to land use rights in the form of shareholding, joint venture and other forms of co-organization of enterprises, should be held with the relevant approval documents. Apply to the District Land and Resources Bureau for collective construction land use right approval procedures.

1. If a rural collective economic organization establishes an enterprise, or jointly invests with other enterprises, organizations or individuals in the form of land use rights, the enterprise shall apply for the right to use the land for collective construction. Left;">2. If a rural collective economic organization jointly establishes an enterprise with other enterprises, organizations or individuals with land use rights, the collective economic organization shall apply for the right to use the land for collective construction.

(2) The application for the use of collective construction land should meet the following conditions: 1. in line with the territorial spatial planning; 2. clear property rights, ownership is not disputed, the implementation of resettlement compensation for farmers in place; 3. other circumstances provided by laws and regulations.

(3) land use units applying for collective construction land use rights, the following materials should be provided:

1. Establishment (held) enterprise identification documents, and specify the project for the collective economic organization of the self-run, joint ventures, shareholding in the way of a );

2. Application for land for collective construction (the applicant shall apply to the District Land and Resources Bureau after obtaining the first identification document, which shall specify the name of the project land unit, the project area, and the nature of the project, etc.);

3. Approval form for the use of collective construction land;

4. Proof of identity of the unit applying for land;

5. Minutes of the meeting of the collective economic organization to decide on the plan for the use of land for collective construction (by the meeting of the villagers who are members of this collective economic organization) The minutes of the meeting of the collective economic organization to decide on the plan of using the land for collective construction (discussed and agreed by more than two-thirds of the members of the collective economic organization or more than two-thirds of the representatives of the villagers);

6. Agreement on joint venture or shareholding and the report on the assessment of the land assets (required for the adoption of the joint venture or shareholding method, but not for the self-running method);

7. Documentation;

8. Environmental protection audit opinion;

9. Collective construction land for agricultural use approval or right to use the certificate or related certificates;

10. 10. Survey and demarcation map;

11. Notification of planning and design conditions;

12. Agreement on the Supervision of Project Investment and Development (with the township or the office of the Economic Development Zone);

13. Other related materials.

Four, strictly regulate the approval process

(a) land use units applying for the right to use the collective construction land use operation, should be handled in accordance with the following procedures:

1. Establishment (organization) of the identification of enterprises. The applicant unit with a business license, joint venture agreement or shareholding agreement, the collective economic organization or village representatives meeting democratic decision-making, resolutions and other materials, to the District Economic and Trade Development Bureau to apply for processing, the District Economic and Trade Development Bureau review qualified to issue the recognition of documents.

2. The land unit puts forward the project land application, reported to the local people's government agreed to carry out the project site selection in a timely manner;

3. The land unit applies for the District Land and Resources Bureau to issue a notice of the project land use planning and design conditions and the red line map of the site;

4. Red line map;

4. To fulfill the project approval according to law. District development and reform, environmental protection, agriculture and emergency departments based on departmental responsibilities, according to law to handle the project and environmental assessment, safety assessment and other related approval procedures. Land units in the project according to law to complete the approval procedures to fill in the "use of collective construction land approval form", the local town people's government review and approval submitted to the District Land and Resources Bureau review, District Land and Resources Bureau review and approval of the District Management Committee in charge of land leadership approval, for collective construction land use right registration.

5. After the approval of the project site, the land use unit to prepare the project construction engineering design program, the District Land and Resources Bureau in accordance with the procedures for program review.

6. After the material is reviewed and approved, the rural construction planning license will be issued.

(b) After obtaining the rural construction planning permission, the land unit in accordance with the procedures for the commencement of construction procedures, the organization and implementation of the start of construction. After the completion of the project, apply for project acceptance in accordance with the procedures. After meeting the conditions for real estate registration, the district real estate registration center to be registered and issued according to law.

(c) rural collective economic organizations to set up enterprises or with other units, individuals to land use rights in the form of shares, joint ventures and other forms of enterprise use of rural collective construction land should be paid, including agricultural land diversion fees, land compensation and resettlement fees, third-party agencies and other costs of the relevant technical results of the land to obtain Costs. If the rural collective economic organization is unable to bear the cost, can be advanced by the district state-owned enterprises, the district state-owned enterprises to obtain the corresponding revenue.

V. Strengthen the implementation of responsibility

(a) Strict land use management. Rural collective economic organizations to set up enterprises or with other units, individuals in the form of land use rights into shares, joint ventures and other forms of co-organized enterprises project land approval, shall not change the land use. Collective construction land use right expiration or due to business closure, bankruptcy and debt and other reasons for the suspension of the project, the collective land use right disposal method is developed separately.

(ii) Strict project investment supervision. By the town is responsible for project investment supervision, in the collective construction land supply, the town in accordance with the land use rights signed with the "project investment and development supervision agreement", the implementation of the project life cycle supervision, the project area, location, opening and completion of the project time, industry type, investment intensity, the use of the nature of the enterprise and the handover of the land release, the completion of the acceptance of the organizational form and procedures and other content to be agreed and clear.

(C) serious accountability and responsibility. Any unit or individual in the collective construction land approval and management process there is negligence, abuse of power, favoritism, fraud and other acts or unauthorized encroachment, misappropriation of collective construction land proceeds, in accordance with the rules and regulations of accountability, constitutes a crime, transferred to the judicial organs to pursue criminal responsibility.

This opinion by the District Land and Resources Bureau is responsible for the interpretation of the trial period to December 31, 2025, from the date of publication shall come into force; the state, the province, the city of Huainan, there are new provisions, from the provisions.