Notice of the General Office of Beijing Municipal People’s Government on clearly defining the responsibilities and powers of the government for the administrative licensing of land and resources manag
No.70 [2005] of Beijing Zhengban Office
The people’s governments of the districts and counties, the commissions, offices and bureaus of the municipal government, and the municipal institutions:
In order to fully implement the general requirements of the municipal party committee and municipal government on transforming government functions, simplifying examination and approval procedures, improving work efficiency, improving work style, optimizing development environment, and promoting coordinated economic and social development, and in line with the principle of "legal power, administration according to law, convenience and efficiency", with the consent of the municipal government, the responsibilities and powers of the municipal, district and county governments on the administrative licensing of land and resources management in this Municipality are clearly defined and relevant matters are hereby notified as follows:
1. According to the relevant provisions of the Land Management Law, the municipal government is responsible for the examination and approval of three administrative licensing items, such as obtaining the right to use state-owned land by allocation, transferring real estate, converting agricultural land into construction land within the prescribed authority, and requisitioning collective land. The Municipal Bureau of Land and Resources and the sub-bureaus of all districts and counties are the specific departments. The district and county governments are responsible for reviewing the conversion of agricultural land into construction land and the expropriation of collective land within the prescribed authority, and ensuring the implementation of land expropriation (conversion) for national and municipal key projects (including cross-district municipal and transportation infrastructure linear projects and other public welfare projects) in the districts and counties. The Municipal Bureau of Land and Resources is responsible for strengthening guidance, supervision and management.
Two, the county government is responsible for exercising part of the examination and approval duties for the following three administrative licensing matters within a specific scope and under the premise:
(1) Land used by foreign-capital enterprises. All foreign-funded enterprise projects that conform to the Beijing Urban Master Plan and the Beijing Land Use Master Plan, are within the scope of state-owned land, and belong to 24 reserved development zones in this city.
(two) the transfer of state-owned land use rights (excluding bidding, auction and listing). Any industrial project that conforms to the Beijing Urban Master Plan and the Beijing Land Use Master Plan, belongs to the 24 reserved development zones in this city, and needs to go through the formalities and expand reproduction; The transfer project plan (land price part) needs to be examined and approved in accordance with relevant regulations.
(three) the allocation of state-owned land use rights. In terms of urban infrastructure land and public welfare land, all the non-profit urban infrastructure land include urban disaster prevention, mitigation and management facilities, municipal roads, squares, public green spaces (including parks, street green spaces, etc.) and protective green spaces (including green belt land); Libraries, museums, memorial halls, cultural centers and exhibition halls in the land for non-profit public cultural facilities; Non-profit medical and health facilities use projects such as maternal and child health centers (hospitals and stations), maternal and child health institutions, children’s health institutions, blood stations, health and epidemic prevention stations, centers for disease prevention and control, health education centers, specialized disease prevention centers (stations), and health law enforcement supervision facilities. In terms of other land used as stipulated by laws and regulations, it belongs to prisons, reeducation-through-labor centers, detention centers, public security detention centers, rehabilitation centers, reconnaissance and trial buildings (courts) built by public security departments.
Three, the county government is responsible for the examination and approval of the following four administrative licensing matters:
(a) rural villagers residential land (involving agricultural land conversion must first be reported to the municipal people’s government or above for approval, for agricultural land approval).
(two) the development of state-owned barren hills, wasteland and wasteland (within 600 hectares) where the land use right has not been determined.
(three) land for the construction of township enterprises and land for public facilities and public welfare undertakings in townships (villages). Who meet the "Beijing Urban Master Plan", "Beijing Land Use Master Plan" and the annual land use plan, and handle the compensation and resettlement of the occupied rural collective economic organizations and farmers, and build township enterprises and township (village) public facilities and public welfare land within the scope of collective construction land that has been legally occupied.
For the above seven administrative licensing items that are exercised by the district and county governments, the district and county land and resources sub-bureau is the specific office, and the handling results should be reported to the district and county governments for approval and reported to the Municipal Bureau of Land and Resources for the record. In order to strictly manage the examination and approval and prevent illegal examination and approval due to unclear responsibilities and authority, the Municipal Bureau of Land and Resources should refine the specific scope, rules and requirements.
Four, according to the current vertical management system of the city’s land and resources system, the county land and resources branch is the working department of the county government. The district and county governments should clearly formulate the provisions on the examination and approval items, land ownership and other specific matters, such as the examination and approval of the person in charge of the district and county governments and the stamping of special seals. Authorized by the district and county governments, the sub-bureaus of the district and county land and resources bureaus undertake the specific handling of various examination and approval items.
Five, the Municipal Bureau of land and resources to strengthen the guidance, supervision and management of the work of examination and approval, in violation of the provisions of the handling, ultra vires approval and other acts should be severely dealt with according to law; Acts that have serious consequences should be reported to the municipal government after verifying the specific situation and putting forward treatment opinions.
December 31st, 2005