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Notice by the Office of the Central Rural Work Leading Group and the Ministry of Agriculture and Rural Affairs of Further Enhancing the Administration of Rural Housing Sites [Effective]
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 [现行有效]
【法宝引证码】

Notice by the Office of the Central Rural Work Leading Group and the Ministry of Agriculture and Rural Affairs of Further Enhancing the Administration of Rural Housing Sites 

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

(No. 11 [2019] of the Office of the Central Rural Work Leading Group) (中农发〔2019〕11号)

Offices of rural work leading group under the Party committees of all provinces, autonomous regions, municipalities directly under the Central Government, and Xinjiang Production and Construction Corps: 各省、自治区、直辖市和新疆生产建设兵团党委农办,农业农村(农牧)厅(局、委):
Housing sites are an important basis for ensuring farmers' living and working in peace and happiness and rural social stability. Enhancing the administration of housing sites is of great significance for protecting farmers' rights and interests, promoting the development of the beautiful countryside and implementing the strategy of rural revitalization. For various reasons, rural housing sites are now under poor management, and in some places, there exist problems such as the excessive land occupation and the illegal purchase of housing sites and the farmland encroachment for housing, which often damage the legitimate rights and interests of farmers. According to the provisions of this round of institutional reform and the newly revised land administration law, the departments of agriculture and rural areas shall be responsible for the relevant work relating to the reform and administration of housing sites. For the purposes of effectively enhancing the administration of rural housing sites, you are hereby notified of the relevant requirements as follows: 宅基地是保障农民安居乐业和农村社会稳定的重要基础。加强宅基地管理,对于保护农民权益、推进美丽乡村建设和实施乡村振兴战略具有十分重要的意义。由于多方面原因,当前农村宅基地管理比较薄弱,一些地方存在超标准占用宅基地、违法违规买卖宅基地、侵占耕地建设住宅等问题,损害农民合法权益的现象时有发生。按照本轮机构改革和新修订的土地管理法规定,农业农村部门负责宅基地改革和管理有关工作,为切实加强农村宅基地管理,现就有关要求通知如下。
I. Effectively performing the duties of the departments   一、切实履行部门职责
The administration and reform of rural housing sites is an important responsibility entrusted by the Party and the state to the departments of agriculture and rural areas. It is specifically responsible for guiding the allocation, use, and transfer of housing sites, management of disputes arbitration, rational layout of housing sites, land use standards, and investigation and punishment of illegal land use as well as the utilization of idle housing sites and idle farmhouses. The departments of agriculture and rural areas at all levels shall fully understand the importance of enhancing the administration of housing sites, and under the unified leadership of the Party committees and governments, actively take on responsibilities and ensure the transition between different tasks, improve the institutions' staffing, implement the supporting conditions, systematically map out tasks, innovate means and methods, fully perform their duties, and maintain continuity and stability of work, so as to prevent the weakened administration of housing sites. They shall actively strengthen communication and coordination with the departments of natural resources, housing and urban-rural development, implement land use targets for housing sites, and establish mechanisms for sharing resources or information on national land space planning, village planning, the confirmation, registration, and certification of housing site ownership, and the construction of rural housing, so as to ensure an orderly transition between housing site approval and management, housing construction, and real estate registration. 农村宅基地管理和改革是党和国家赋予农业农村部门的重要职责,具体承担指导宅基地分配、使用、流转、纠纷仲裁管理和宅基地合理布局、用地标准、违法用地查处,指导闲置宅基地和闲置农房利用等工作。各级农业农村部门要充分认识加强宅基地管理工作的重要意义,在党委政府的统一领导下,主动担当,做好工作衔接,健全机构队伍,落实保障条件,系统谋划工作,创新方式方法,全面履职尽责,保持工作的连续性、稳定性,防止出现弱化宅基地管理的情况。要主动加强与自然资源、住房城乡建设等部门的沟通协调,落实宅基地用地指标,建立国土空间规划、村庄规划、宅基地确权登记颁证、农房建设等资源信息共享机制,做好宅基地审批管理与农房建设、不动产登记等工作的有序衔接。
II. Implementing the territorial responsibilities of grassroots governments in accordance with law 人丑就要多读书  二、依法落实基层政府属地责任
A management mechanism for housing sites shall be established that is guided by provinces and ministries, dominated by cities and counties, and participated by villages and that towns or townships are primarily responsible for. The focus of housing site management shall be on the grassroots level. Specifically, county and township governments shall assume territorial responsibilities while the departments of agriculture and rural areas shall be responsible for industrial management. The specific work shall be undertaken by the administrative department of rural management. With the deepening of rural reform and development, the administrative departments of rural management at the grass-roots level have increasingly harder tasks. They are not only responsible for rural land contract management, new-type agricultural businesses cultivation, collective economic development, and asset and financial management and other routine work, but also shoulder the important responsibilities such as the reform and innovation of rural land system, collective property right system and management system. After this round of institutional reform, they have new important tasks including rural housing site management and rural governance. Currently, however, there still exist some prominent problems with grass-roots rural management, such as unsound system, unstable staffing, mismatched strength, and insufficient guarantee. Whether or not there are rural management personnel or they are strong directly determines whether the rural reform can be implemented and whether the legitimate rights and interests of farmers can be effectively protected. County and township governments shall strengthen organizational leadership, effectively strengthen the construction of grass-roots rural management system, increase support, enrich the force, implement funds, and improve conditions, so as to ensure that the work is done and that responsibilities are assumed.
......
 建立部省指导、市县主导、乡镇主责、村级主体的宅基地管理机制。宅基地管理工作的重心在基层,县乡政府承担属地责任,农业农村部门负责行业管理,具体工作由农村经营管理部门承担。随着农村改革发展的不断深入,基层农村经营管理部门的任务越来越重,不仅承担农村土地承包管理、新型农业经营主体培育、集体经济发展和资产财务管理等常规工作,还肩负着农村土地制度、集体产权制度和经营制度的改革创新等重要职责,本轮机构改革后,又增加了宅基地管理、乡村治理等重要任务。但是,当前基层农村经营管理体系不健全、队伍不稳定、力量不匹配、保障不到位等问题十分突出。这支队伍有没有、强不强直接决定着农村改革能否落实落地和农民合法权益能否得到切实维护。县乡政府要强化组织领导,切实加强基层农村经营管理体系的建设,加大支持力度,充实力量,落实经费,改善条件,确保工作有人干、责任有人负。
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