Interpretation of the Administrative Measures for the Approval of Rural Homestead in Gongzhuling City
Municipal Bureau of Agriculture and Rural Affairs
1、 Purpose, significance, basis and drafting process
On August 26, 2019, the 12th meeting of the Standing Committee of the 13th National People's Congress deliberated and passed the amendment to the Land Administration Law of the People's Republic of China, which will come into force on January 1, 2020. Article 62 of the newly revised Land Administration Law of the People's Republic of China stipulates that "the competent agricultural and rural department of the State Council is responsible for the reform and management of rural homestead throughout the country." In order to standardize the examination and approval management of rural homestead in our city and effectively protect farmers' residential rights and interests, according to the provincial (JNJF [2020] No. 2) The document requires to draft the Administrative Measures for Approval of Rural Homestead in Gongzhuling City (Discussion Draft) (hereinafter referred to as the Measures).
The main bases for drafting the Measures are: Land Management Law of the People's Republic of China, Land Management Regulations of Jilin Province, Measures for the Management of Rural Homestead in Jilin Province, Notice of the Central Rural Work Leading Group Office, Ministry of Agriculture and Rural Affairs on Further Strengthening the Management of Rural Homestead (Zhongnongfa [2019] No. 11) Notice of the Ministry of Agriculture and Rural Affairs and the Ministry of Natural Resources on Regulating the Approval and Management of Rural Homestead (NJF [2019] No. 6).
2、 Main contents
The measures are divided into general provisions, departmental responsibilities, application conditions, approval procedures, management of land use and housing construction, law enforcement and patrol, and supplementary provisions, with seven chapters and 26 articles in total.
（1） The general provisions stipulate the legal and policy basis, legal principles and the scope of application of measures for the approval of homestead;
（2） The responsibilities of each department in the approval of rural homestead are specified in the department responsibilities, reflecting the homestead management mechanism led by the city and county, the township and the village;
（3） The specific conditions for approval and disapproval of rural villagers' new application for homestead are specified in the application conditions;
（4） The application and approval process for farmers to apply for new homestead and to build, renovate, rebuild and expand houses on existing homestead shall be specified in the approval procedure;
（5） The management of land use and housing construction stipulates the whole process from farmers' housing construction to completion and acceptance after approval;
（6） In law enforcement and patrol, the law enforcement department for illegal house building on homestead was identified, and various illegal behaviors involving the use of homestead were found and handled in a timely manner;
（7） The annex provides for the general incidental provisions of the Measures.
