Notice of the General Office of Hainan Provincial People’s Government on Further Improving the Delimitation of Permanent Basic Farmland and the Management of Facility Agricultural Land

General Office of Hainan Provincial People’s Government on Further Improving
Notice on Delineation of Permanent Basic Farmland and Management of Facility Agricultural Land
Qiong Fu Ban [2015] No.26

The people’s governments of cities, counties and autonomous counties and the units directly under the provincial government:

On January 5, 2015, the Ministry of Land and Resources and the Ministry of Agriculture jointly deployed the delineation of permanent basic farmland and the management of protected agricultural land. In order to implement the work arrangements of the Ministry of Land and Resources and the Ministry of Agriculture, and further improve the delineation of permanent basic farmland and the management of facility agricultural land in our province, with the consent of the provincial government, relevant matters are hereby notified as follows:

First, fully understand the importance and urgency of doing a good job in the delineation of permanent basic farmland and the management of protected agricultural land in the new period.

At present, the situation of cultivated land protection and food security in China is still very grim. The CPC Central Committee and the State Council clearly put forward that it is necessary to consolidate the material foundation of grain production, ensure that grain is basically self-sufficient and that rations are absolutely safe. Keeping the red line of cultivated land and basic farmland is the foundation and lifeline of agricultural development and agricultural modernization, and is the cornerstone of national food security. Delineating permanent basic farmland and supporting the development of protected agriculture are of great significance to building a tropical modern agricultural base in our province and promoting the construction of Hainan International Tourism Island. All cities, counties and departments should conscientiously study and profoundly understand the decision-making spirit of the CPC Central Committee and the State Council, improve their ideological understanding, unify their actions with the major decision-making arrangements of the central government, earnestly enhance their sense of responsibility and responsibility, and further improve the delineation of permanent basic farmland and the management of protected agricultural land. It is necessary to pay equal attention to quantity and quality, strictly delimit and specially protect permanent basic farmland, and tighten the "fence" for farmland protection; It is necessary to actively support and strictly regulate the management of protected agricultural land, prohibit the "non-agricultural" of cultivated land, promote the adjustment of agricultural industrial structure and the development of modern agriculture, and lay a solid foundation for national food security.

Two, to further improve the delineation of permanent basic farmland, the implementation of special protection of permanent basic farmland.

(a) to speed up the delineation of permanent basic farmland. According to the requirements of the Notice of the Ministry of Land and Resources and the Ministry of Agriculture on Further Improving the Delineation of Permanent Basic Farmland (No.128 [2014] of the Ministry of Land and Resources) and the provisions of the technical regulations for the delineation of basic farmland, in accordance with the requirements of the Work Plan for the Delineation of Permanent Basic Farmland in Hainan Province (see Annex), on the basis of the existing achievements in the delineation of permanent basic farmland, According to the results of the second national land survey, the latest annual land use change survey, the overall land use planning, and the investigation and evaluation of cultivated land quality grades, combined with the problems found in the demarcation of permanent basic farmland in the audit of land transfer revenue and expenditure and cultivated land protection in cities and counties of our province, in the order of cities (towns) from big to small, space from near to far, cultivated land quality and fertility grade from high to low, Will be approved by the permanent basic farmland delineation tasks timely landing to households, the above picture storage, focusing on the city (town) surrounding, traffic along the existing easily occupied high-quality arable land priority as permanent basic farmland, will not meet the requirements of the delineation of land types designated permanent basic farmland, to ensure that the permanent basic farmland layout is basically stable, the number is not reduced, the quality is improved. All cities and counties should complete the delineation of permanent basic farmland and the improvement of results before the end of June 2016.

(two) strict requirements for the delineation of permanent basic farmland. The delineation of permanent basic farmland in cities and counties should be promoted simultaneously with the adjustment and improvement of the overall land use planning, and coordinated with the delineation of urban development boundaries and ecological protection red lines. It is necessary to strictly demarcate permanent basic farmland in accordance with the clear procedural requirements of investigation, verification and proof-giving, demonstration and approval, formulation and implementation of the work plan, and follow the principle of giving priority to farmland protection and paying equal attention to quantity and quality, so as to achieve "landing blocks, clarifying responsibilities, setting signs, building lists and entering the library". The existing basic farmland reserved in the achievements of basic farmland demarcation should be cultivated land, adjustable land preparation and other agricultural land that has been identified as the production base of famous and special new products in the last round of basic farmland demarcation; For the construction land, unused land and agricultural land that can not be adjusted and can not meet the quality standards of cultivated land, it is necessary to set aside basic farmland; The newly designated basic farmland should be high-quality current farmland with a slope below 25 degrees and concentrated contiguous areas. Without the approval of the provincial government, non-cultivated land may not be included in basic farmland.

(3) Strengthen the special protection of permanent basic farmland. It is necessary to make overall plans for regulatory protection, constructive protection and incentive protection of permanent basic farmland. Once the permanent basic farmland is demarcated, it shall not be adjusted at will. Except for the inevitable occupation of basic farmland by national defense military and major infrastructure construction projects, other construction projects are not allowed to adjust the designated basic farmland. Urban construction should jump out of the permanent basic farmland that has been demarcated, and realize the development in groups and series. It is not allowed to occupy basic farmland to engage in new areas, nor to illegally enclose or occupy basic farmland in the name of various parks and development zones. Strengthen land use control, non-agricultural construction occupation of basic farmland must be reported to the State Council for approval according to procedures, and no other unit or individual may illegally approve the occupation of basic farmland; It is necessary to combine the implementation of land remediation projects, implement the stripping and reuse of cultivated layers, increase the construction of high-standard farmland, and timely classify the completed high-standard farmland into permanent basic farmland; To establish a compensation mechanism for cultivated land protection, the provincial, city and county governments should arrange funds to give appropriate economic compensation to rural collective economic organizations, state-owned farms and other responsible units and land contractors who undertake the protection of cultivated land and basic farmland, so as to improve the enthusiasm of units and land contractors who undertake the protection responsibility to protect cultivated land and develop production.

Three, standardize the management of protected agricultural land, and promote the healthy development of protected agriculture

(a) the implementation of special land policy to support the development of protected agriculture. Cities and counties should conscientiously implement the spirit of the Notice of the Ministry of Land and Resources and the Ministry of Agriculture on Further Supporting the Healthy Development of Facility Agriculture (No.127 [2014] of the Ministry of Land and Resources), fully consider the needs of facility agriculture development and large-scale grain production, and further increase the policy support for facility agricultural land. Clarify the scope of land policy support, and the land for production facilities directly used for agricultural products production, land for ancillary facilities for auxiliary production and land for supporting facilities necessary for large-scale grain production in the facility agriculture project area shall be managed according to agricultural land, and there is no need to go through the examination and approval procedures for agricultural land conversion; Improve land use management mode, change the original land use audit system into filing system, and improve management efficiency by standardizing land use agreement behavior, announcing land use conditions, strengthening township government supervision, filing and verification, etc. Encourage economical and intensive land use, guide the operators of facility agricultural projects to jointly build and jointly use facilities such as drying yards, grain storage and agricultural machinery sheds according to local conditions, and improve the use efficiency of agricultural facilities and land use efficiency; Actively disclose policy provisions, timely disclose relevant planning, land use standards and management requirements, and provide active services and specific guidance to promote the healthy and orderly development of facility agriculture.

(two) strictly regulate the management of agricultural land facilities. Cities and counties should actively guide the rational location of protected agricultural land in accordance with the overall land use planning and agricultural development planning. Facilities construction should make full use of unused land and non-cultivated land such as barren hills, slopes and beaches, and do not occupy or occupy less cultivated land to avoid excessive occupation of high-quality cultivated land. Strengthen the filing and review of land use agreements, facilities construction plans, contract for the transfer of contracted management rights, etc. If it does not meet the relevant provisions of agricultural land for facilities, it shall not start construction, and strictly control the scale of land for ancillary facilities and supporting facilities. If the site selection is unreasonable, the supporting facilities exceed the standard, and the content of land reclamation is lacking, it is necessary to urge and correct. Facility agricultural land shall not change the land use, and it is prohibited to use facility agricultural land for other non-agricultural construction without authorization or in disguise; It shall not exceed the standard of land use, and it is forbidden to expand the scale of land use for facilities without authorization or expand the scale of land use for facilities in disguise by applying for land in several times; The nature of facilities directly engaged in or serving agricultural production shall not be changed, and it is forbidden to use facilities for other operations without authorization. Use land strictly in accordance with the purposes defined in the overall land use planning. It is forbidden for any unit or individual to change the use of agricultural land without authorization and illegally build non-agricultural supporting facilities such as golf courses, villas, expert buildings, farmhouses, clubs, accommodation and catering, factory agricultural products processing and large parking lots under the name of "leasing", "cooperative development" and "transfer of contracted management rights". Strengthen daily land law enforcement inspections, and carry out facilities construction and land use that do not meet the specified requirements, so as to find, stop, report and investigate early.For unauthorized or disguised use of facility agricultural land for other non-agricultural construction, it should be severely punished according to the law and regulations; Unauthorized expansion of the scale of land used for ancillary facilities or sub-declaration of land used to expand the scale of land used for facilities in disguise, and unauthorized change of the nature of agricultural production facilities for other operations should be stopped in time, ordered to make corrections within a time limit, and the relevant personnel should be held accountable according to laws and regulations.

Fourth, the job requirements

(1) Strengthen leadership and implement responsibilities. City and county governments should implement the main responsibility for the delineation of permanent basic farmland and earnestly strengthen leadership. It is necessary to set up a leading group headed by the responsible comrades of the municipal and county governments, with the responsible comrades of the departments of land and resources, agriculture, finance, housing and urban and rural construction, ecology and environmental protection, forestry, etc. as members, and strengthen the overall coordination of the demarcation of permanent basic farmland. It is necessary to formulate a work plan, clarify departmental responsibilities and work plans, implement staff and work funds, and ensure that work tasks are completed on time with good quality and quantity. The Provincial Department of Land and Resources and the Provincial Department of Agriculture are responsible for the supervision and guidance of the demarcation of permanent basic farmland, and set up a joint working group to strengthen the guidance, supervision and inspection of the demarcation of permanent basic farmland, regularly report the progress, study the problems in time, focus on the supervision of cities and counties with poor work, and promote rectification. It is necessary to incorporate the delineation of permanent basic farmland and the management of protected agricultural land into the assessment content of the responsibility target of cultivated land protection of city and county governments, and earnestly strengthen inspection and assessment. Establish a regular reporting and notification system. From the date of notification, cities and counties should regularly report the work progress to the Provincial Department of Land and Resources and the Provincial Department of Agriculture at the end of each quarter.

(two) do a good job of convergence, strengthen departmental cooperation. Delineation of permanent basic farmland should be promoted simultaneously with the adjustment and improvement of the overall land use planning, and coordinated with the delineation of urban development boundaries and ecological protection red lines. To implement the special support policy for facility agriculture, it is necessary to make a good connection between the development plan of facility agriculture and the overall land use plan. Provincial, municipal and county departments of land and resources and competent agricultural departments should actively cooperate with relevant parties to enhance cooperation awareness, strengthen departmental cooperation, form joint efforts, and jointly promote the delineation of permanent basic farmland and standardize the management of protected agricultural land.

(three) to strengthen law enforcement and supervision, and seriously investigate and deal with illegal acts. It is necessary to include the delineation of permanent basic farmland and the management of the use of protected agricultural land in the work priorities of land and resources management departments and agricultural authorities at all levels, and strengthen supervision and inspection. Make full use of land surveillance film law enforcement supervision and inspection, land law enforcement dynamic inspection, land change investigation and other means, and dare to touch the real and hard to deal with illegal acts in farmland protection and facility agriculture construction, and severely investigate and deal with them according to law.

(4) Do a good job in guiding public opinion and create a good atmosphere. Cities and counties should make full use of various publicity media and adopt various methods to widely publicize and report the great significance of strictly observing the red line of cultivated land and the red line of basic farmland, so that the policy of cultivated land protection can be deeply rooted in the hearts of the people. Good practices, good experiences and good models in the delineation of permanent basic farmland and the management of protected agricultural land should be publicized, reported and popularized in a timely manner. It is necessary to give full play to the role of news media in public opinion supervision in strengthening the protection of basic farmland, supporting and standardizing the management of facility agricultural land, creating a good public opinion atmosphere and ensuring the smooth progress of the work.

Attachment: Work Plan for Delimitation of Permanent Basic Farmland in Hainan Province

General Office of Hainan Provincial People’s Government
March 2, 2015

(This piece is made public voluntarily)

Attachment:

Work plan for delineating permanent basic farmland in Hainan Province

In order to implement the spirit of the Notice of the Ministry of Land and Resources and the Ministry of Agriculture on Further Delineating Permanent Basic Farmland (No.128 [2014] of the Ministry of Land and Resources), do a solid job in delineating permanent basic farmland in our province, and further strengthen the protection of cultivated land, this plan is formulated in combination with the actual situation in our province.

I. Purpose of work

According to the new requirements of the Ministry of Land and Resources and the Ministry of Agriculture on demarcating permanent basic farmland, on the basis of the existing achievements of demarcating permanent basic farmland, the existing high-quality cultivated land and built high-standard cultivated land around cities (towns) and along traffic lines will be preferentially classified as permanent basic farmland, and those that do not meet the demarcating requirements will be demarcated as permanent basic farmland, so as to ensure that the layout of permanent basic farmland is basically stable, the quantity is not reduced and the quality is improved, and that the area of real high-quality cultivated land in our province is basically stable within a certain period.

Second, the task

(a) sort out the permanent basic farmland that has been demarcated, and further improve the work results according to the results of the second national land survey and the evaluation of cultivated land quality, following the principle of giving priority to cultivated land protection and paying equal attention to quantity and quality, and in accordance with the requirements of basically stable layout, no reduction in quantity and improvement in quality.

(II) On-the-spot verification of the quantity, quality and distribution of existing cultivated land around the city (town) and along the traffic line that is not included in the basic farmland protection area, and the demarcation of the urban development boundary and the red line of ecological protection, the high-quality cultivated land around the city (town) and along the traffic line that should be included but not included and the built high-standard cultivated land should be included in the basic farmland for permanent protection.

Third, the delineation requirements

The delineation of permanent basic farmland in cities and counties should be promoted simultaneously with the adjustment and improvement of the overall land use planning and the registration and certification of rural land contractual management rights, so as to ensure that the layout of the adjusted and improved basic farmland is consistent with that of the permanent basic farmland.

(1) Cultivated land designated as permanent basic farmland in priority.

1. The existing cultivated land around the city (town) that has not been classified as permanent basic farmland and whose soil fertility level has reached the average level of this city and county;

2. Existing cultivated land whose quality grade and soil fertility grade have not been classified as permanent basic farmland along the traffic line have reached the average level of this city and county;

3. Newly built high-standard farmland that has not been classified as permanent basic farmland after land consolidation;

4. 268,000 mu of cultivated land located in Sanya, Ledong and Lingshui, which is suitable for scientific research and breeding in Nanfan and classified as Nanfan Scientific Research and Breeding Reserve;

5. "Regulations on the Protection of Basic Farmland" stipulates that other cultivated land that should be classified as permanent basic farmland but has not been classified as priority.

(2) Cultivated land with permanent basic farmland should be set aside.

1. The cultivated land that is planned to be returned to forests, grasslands and lakes in the new general plan of returning farmland to forests and grasslands approved by the State Council;

2. With the approval of the provincial government, the agricultural departments at or above the county level shall, jointly with the environmental protection departments at the same level, monitor and evaluate the cultivated land that has been seriously polluted and cannot be treated;

3. Due to natural disasters and production and construction activities, the cultivated land that cannot be reclaimed is seriously damaged.

In the process of demarcation, it is found that there are construction land, unused land and other agricultural land whose quality does not meet the requirements in the current basic farmland, which should be demarcated and supplemented with permanent basic farmland whose quality meets the requirements. Without the approval of revision or adjustment in accordance with the law, the overall land use planning of cities and counties shall not be used to adjust the layout of permanent basic farmland without authorization, and the cultivated land in the current basic farmland shall be set aside.

IV. Work Steps and Results Requirements

(1) Work steps.

1. Investigate the bottom. According to the basic farmland protection objectives of cities and counties determined by the adjustment and improvement of the overall land use planning of the whole province and cities and counties, based on the latest land change survey results, the current overall land use planning results, the evaluation results of cultivated land quality and soil fertility, etc., the methods of indoor analysis and field investigation are adopted. The Provincial Department of Land and Resources and the Provincial Department of Agriculture are responsible for analyzing and evaluating the distribution, quantity, quality and concentration of existing cultivated land around cities (towns) in cities and counties (except Haikou and Sansha) (including permitted construction areas and conditional construction areas) that are not classified as basic farmland, and putting forward the preliminary task of prioritizing the classification of urban (towns) as permanent basic farmland. The preliminary task of Haikou City was issued by the Ministry of Land and Resources and the Ministry of Agriculture.

2. verify the evidence. According to the preliminary tasks assigned by the Provincial Department of Land and Resources and the Provincial Department of Agriculture, the relevant departments of land, agriculture, housing, urban and rural construction, ecological and environmental protection, etc. organized by the municipal and county governments, investigated and verified the existing cultivated land put forward in the preliminary tasks one by one, and put forward the tasks that can be designated as permanent basic farmland. For the cultivated land around the city (town) and along the traffic line that cannot be designated as permanent basic farmland, the reasons shall be explained to the Provincial Department of Land and Resources and the Provincial Department of Agriculture, and relevant certification materials shall be listed; Haikou explained the reasons to the Ministry of Land and Resources and the Ministry of Agriculture, and provided relevant supporting materials.

3. Demonstration and verification. The Provincial Department of Land and Resources and the Provincial Department of Agriculture are responsible for the approval and release of the tasks of demarcating basic farmland around cities (towns) in relevant cities and counties, and the tasks of demarcating Haikou City are approved and released by the Ministry of Land and Resources and the Ministry of Agriculture.

4. Make a plan. The relevant cities and counties shall, according to the tasks assigned by the Provincial Department of Land and Resources and the Provincial Department of Agriculture, organize the land and agricultural departments of the cities and counties, prepare the plan for delineating permanent basic farmland of the cities and counties according to the actual situation, and submit it to the Provincial Department of Land and Resources and the Provincial Department of Agriculture for review with the consent of the cities and counties. The delimitation plan of Haikou City was approved by Haikou Municipal Government, reported to the Ministry of Land and Resources and the Ministry of Agriculture, and copied to Guangzhou Bureau of State Land Supervision. The plan for delineating permanent basic farmland in cities and counties is included in the overall land use planning adjustment and improvement plan of cities and counties.

5. Organize implementation. The demarcation of permanent basic farmland is based on the administrative regions of cities and counties, and is organized and implemented by the competent departments of land resources and agriculture of cities and counties under the unified leadership of the municipal and county governments. 

(2) Requirements for results.

On the basis of the existing achievements in the demarcation of permanent basic farmland, we will further update and improve the achievements in the demarcation of permanent basic farmland.

1. Implement basic farmland plots. On the basis of the original implementation of the basic farmland plots, the basic farmland protection plots will be implemented one by one according to the specified requirements, and the information such as the location, boundary, land type, area, quality, etc. of the basic farmland plots will be clarified.

2. Update and improve the related charts. On the basis of the original basic farmland related chart book, the adjusted permanent basic farmland area is calculated and summarized, and the chart book is updated and improved. First, the preparation of maps, including city and county basic farmland distribution map, township and village basic farmland protection map and standard framing basic farmland protection map; The second is to fill in the form, fill in the basic farmland status registration form, the status summary table and the adjustment and demarcation balance table.

3. Establish a unified logo. On the basis of the unified identification of basic farmland, the permanent basic farmland areas around the city (town) and along the traffic line will be adjusted and included, and the establishment of basic farmland protection signs, publicity signs and protection boundary markers will be supplemented and improved in accordance with the Provisions on the Use of Labels for Basic Farmland and Land Consolidation and the Establishment of Relevant Signs (No.304 [2007] of the Ministry of Land and Resources) and relevant design specifications.

4. Implement the responsibility to protect. On the basis of the original signed letters of responsibility for the protection of basic farmland, the signing of letters of responsibility for the protection of basic farmland will be supplemented and improved to adjust the area of permanent basic farmland, and the scope, land type, area, plot, safeguard measures, rights and obligations of the parties, rewards and penalties for the protection of basic farmland will be clarified. At the same time, combined with the registration and certification of rural land contractual management rights, the basic farmland will be marked on the certificate of rural land contractual management rights, clearly identified to specific farmers, and implemented in plots.

5. Establish a database of basic farmland. On the basis of the preliminary establishment of permanent basic farmland database, according to the adjustment of permanent basic farmland, update and improve the construction of basic farmland database in this city and county, and use the quality inspection software issued by the Ministry of Land and Resources to carry out quality inspection, and report it to the Provincial Department of Land and Resources after passing the inspection, which will summarize and report it to the Ministry of Land and Resources for review. Cities and counties shall be responsible for the legality, compliance, authenticity and integrity of database information within their respective administrative areas.

6. Acceptance and filing. In accordance with the relevant provisions of the Decision of Hainan Provincial People’s Government on Decentralizing Administrative Matters (Decree No.216 of the provincial government), the results of the delineation of permanent basic farmland shall be checked and accepted by the municipal and county governments and submitted to the Provincial Department of Land and Resources and the Provincial Department of Agriculture for review and filing. The data results after filing were timely included in the land use change survey of the year.

V. Time schedule

(a) the delineation of permanent basic farmland in cities and counties and the improvement of the results should be fully completed before June 2016.

(II) After this scheme is issued, the municipal and county governments should set up a leading group for the demarcation of permanent basic farmland, with the responsible comrades of the municipal and county governments as the team leader and the responsible comrades of the departments of land and resources, agriculture, finance, housing and urban and rural construction, ecological environment protection and forestry as the team members, to deploy the demarcation of permanent basic farmland, coordinate the demarcation of permanent basic farmland with the demarcation of urban development boundaries and ecological protection red lines, and implement the staff and work funds.

(3) Within 3 months after this scheme is issued, the Provincial Department of Land and Resources and the Provincial Department of Agriculture will complete the preliminary task of delineating permanent basic farmland in relevant cities and counties; Within 9 months, the relevant cities and counties will complete the verification and proof of the existing cultivated land around the city (town), the Provincial Department of Land and Resources and the Provincial Department of Agriculture will complete the approval and release of the task of delineating permanent basic farmland, and the relevant cities and counties will complete the preparation of the delineation plan and report it to the Provincial Department of Land and Resources and the Provincial Department of Agriculture.

(4) Within 3 months after the completion of the adjustment and improvement of the overall land use planning in cities and counties, all permanent basic farmland delineation and achievements improvement work shall be completed, and acceptance shall be organized according to regulations, and reported to the Provincial Department of Land and Resources and the Provincial Department of Agriculture for review and filing.