Government of good to do province is entrusted " 3 old " transform those who involve land to collect careful to approve powers and authorities of office to carry on the job, clear responsibility divides the work, optimize examine and approve flow, rise examine and approve quality and efficiency, cogent be on guard risk, ensure entrust powers and authorities of office " receive so that live, use well, can last " , basis " the decision that government of Guangdong province people implements by city of above of each district class about adjusting item of powers and authorities of office of a batch of provincial administration " (government office of another name for Guangdong Province makes the 248th) with " office of natural resources of Guangdong province land about print and distribute < Guangdong saves people
One, carry on item
(one) involve construction of old village collective to turn to use the land for state-owned construction with the ground, by province of basis of city people government
People government is entrusted, according to " 3 old " transform policy regulation to examine and approve, whether to bring into plotting to build a warehouse with the ground to declaring limits, whether to accord with land to use overall planning, land kind authority belongs to whether clear, construction to use land source whether lawful, whether to organize via this rural collective economy (or villager committee) vote lawfully agree, transform means and, specific work by city " 3 old " transform director department (bureau of city land natural resources) responsible.
(2) involve perfect land to impose procedures, government of people of province of basis of city people government is entrusted according to the province " 3 old " transform policy regulation to examine and approve. Specific include:
1. happens before December 31, 1986 with ground behavior, deal with land to counterpoise truly by the regulation by government of people of city, county formalities of card of the hair that register, already counterpoised to use the land for collective construction truly, still need to deal with land to impose procedures, government of people of province of basis of city people government is entrusted according to old village collective construction uses the ground to collect the means that uses the land for state-owned construction to examine and approve.
2. happened on January 1, 1987 to come with ground behavior between December 31, 1998, accord with land to use overall planning, already signed agreement of the compensation that ask for the ground to already fulfilled compensation with organization of rural collective economy or farmer, by the county (city, area) bureau of land natural resources (substation) according to 1988 castigatory " land management method " concerned regulation fulfils processing (punishment) measure, province people government entrusts basis of city people government to be dealt with by land current situation collect careful to approve procedure, at the same time basis of city people government saves people government original accredit synchronism is examined and approve transform program.
3. happened on January 1, 1999 to come with ground behavior between December 31, 2009, accord with land to use overall planning, already signed agreement of the compensation that ask for the ground to already fulfilled compensation with organization of rural collective economy or farmer, by the county (city, area) bureau of land natural resources (substation) according to 1998 castigatory " land management method " concerned regulation fulfils processing (punishment) measure, city people government presses land current situation to deal with according to saving a government to entrust collect careful to approve procedure; At the same time basis of city people government saves people government original accredit synchronism is examined and approve transform program.
Whether to bring into plotting to build a warehouse with the ground to declaring limits, whether to accord with land to use overall planning, land kind authority is belonged to whether clear, whether already signed the agreement that ask for the ground and cash the compensation that ask for the ground finds a place for, whether to already press the land management when using ground happening legal policy, by city " 3 old " transform director department (bureau of city land natural resources) be in charge of examining. Whether to bring into with the ground to declaring " 3 old " transform a program, whether to accord with urban and rural program to be in charge of examine and verify by bureau of city urban and rural program.
(3) " 3 ground " (edge horn ground, with filling ground, land belonging to one production unit but enclosed in that of another) involve deal with agricultural the ground turns use what impose procedures with land, save people government to entrust by basis of city people government according to the province " 3 old " transform policy regulation to examine and approve; Former already of exercise of government of accredit city people farming turn with examine and approve powers and authorities of office, still carry out by former accredit give an official. Among them " 3 ground " single block area is more than 3 mus, or accumulative total area exceeds area of plot of project main body 10% (do not contain " 3 ground " area) , and in principle does not exceed 20% , save people government authorization by basis of city people government according to case processing principle undertakes examination. Right " 3 ground " whether to accord with a definition (include to ask with relation of position of main body plot, area and scale) , bring into the necessity that transforms limits whether sufficient, whether to accord with land to use overall planning, land kind it is clear that authority is belonged to, whether to fulfil compensation to find a place for, whether. "3 ground " those who involve examine and verify of conduction social security, forest land, consult to add construction newly to sign up for approved relevant provision with the ground, with examine and approve with the ground collateral deal with.
2, executive requirement
(one) executive deadline.
Province government entrusts item to carry out deadline provisional 1 year (come to stopped on January 7, 2019 since January 8, 2018) , government of the province after expiring will evaluate a circumstance to decide to whether adjourn according to carrying out the effect.
(2) examine a standard.
Visit office of land natural resources strictly according to Guangdong " Guangdong is saved " 3 old " the newspaper that use the land approves standardization to examine manual " (land of another name for Guangdong Province endowment 2018 〕 of 〔 of 3 old hair 19) , " office of natural resources of Guangdong province land about print and distribute " 3 old " detailed list of the materials for approval that use the land is reached.
(3) the newspaper approves a program.
1. involves old village collective to build what turn to use the land for state-owned construction with the ground
(1) organization of rural collective economy transforms program by demand authorized strength, and to the county (city, area) " 3 old " transform director branch to put forward to examine and approve the application that transforms plan and construction of old village collective to turn to use the land for state-owned construction with the ground;
(2) county (city, area) " 3 old " transform director branch to accept, constituent county (city, area) concerned branch, town (street) by the requirement collective to transforming plan and old village construction uses the ground to turn to use ground item to undertake checkup respectively for state-owned construction, group roll, put forward to examine an opinion integratedly to sign up for a county (city, area) after the government agrees, with the county (city, area) " 3 old " transform director branch name to city " 3 old " transform director branch to put forward to examine and approve the application that transforms plan and construction of old village collective to turn to use the land for state-owned construction with the ground respectively;
(3) city " 3 old " transform director branch to accept, after collective to transforming plan and old village construction turns to undertake checkup with ground item for state-owned construction with the ground, part to ask for instructions of city people government;
(4) city people government is examined and approve transform program,
2. involves perfect land to impose procedures
(1) uncover east city of area, Pu Ning, benefit comes county, uncover county, Danahaishi changes an industrial district on the west
① applies for main body to transform program by demand authorized strength, and to the county (city, area) " 3 old " transform director branch to put forward to examine and approve the application that transforms plan and perfect land to impose procedures;
② county (city, area) " 3 old " transform director branch to accept, constituent county (city, area) concerned branch, town (street) collect formalities item to undertake checkup respectively to transforming plan and perfect land by the requirement, group roll, put forward to examine an opinion integratedly to sign up for a county (city, area) after the government agrees, with the county (city, area) " 3 old " transform director branch name to city " 3 old " transform director branch to put forward to examine and approve the application that transforms plan and perfect land to impose procedures respectively;
③ city " 3 old " transform director branch to accept, after undertaking checkup to transforming plan and perfect land to collect formalities item, part to ask for instructions of city people government;
Government of ④ city people is examined and approve transform program, perfect land in order to omit sanction of name of government office of person civil administration to impose procedures at the same time.
(2) area of live abroad of area of economy of garden of industry of move of industry of banyan the city zone, Jie Yang, airport, general, big south area of hill live abroad
① applies for main body to transform program by demand authorized strength, and to the area " 3 old " transform director branch to put forward to examine and approve the application that transforms plan and perfect land to impose procedures respectively;
② area " 3 old " transform director branch to accept, constituent division concerned department, town (street) part to collect formalities item to undertake checkup to transforming plan and perfect land by the requirement, group roll, put forward to examine an opinion integratedly to sign up for district government (canal appoint meeting) after agreeing, with the area " 3 old " transform director branch name to part to city " 3 old " transform director branch to put forward to examine and approve the application that transforms plan and perfect land to impose procedures;
③ city " 3 old " transform director branch to accept, undertake checkup to transforming plan and perfect land to collect formalities item respectively, ask for city hair to change, live build, after program department opinion, part to ask for instructions of city people government;
Government of ④ city people is examined and approve transform program, perfect land in order to omit sanction of name of government office of person civil administration to impose procedures at the same time.
3. " 3 ground " involve deal with agricultural the ground turns use what impose procedures with land
(1) involve " 3 ground " , declare principal part to the county (city, area) " 3 old " transform director branch to offer application;
(2) county (city, area) " 3 old " transform director branch to undertake checkup to declaring material, group roll, put forward to examine an opinion to sign up for a county (city, area) government (canal appoint meeting) ;
(3) county (city, area) government (canal appoint meeting) after agreeing, with the county (city, area) " 3 old " transform director branch name to city " 3 old " transform director branch to offer application;
(4) city " 3 old " transform a director the branch is backward to declaring material to undertake checkup ask for instructions of city people government;
(5) city people government is approved with omiting people government name.
(4) the give an official that use the land.
Government of classics city people examines and approve what make lawfully to approve a document with the ground, use Guangdong to save paper for making manuscript of archives of people government blank to print, alone number (number regulation is: Careful of earth of government office of another name for Guangdong Province (21) date of ** of 〕 of 〔 a particular year) , build Guangdong to save people government land to examine and approve special rule (21) order order, model for painting of specific give an official according to land of another name for Guangdong Province endowment 26 article requirement makes 2018 〕 of 〔 of 3 old hair.
(5) social security examine and verify.
Social security examine and verify and " 3 ground " the newspaper is approved group coil and examine and approve synchronism to begin, collateral deal with, approve with ground newspaper as construction no longer accept before buy condition, but examine and verify of the half-baked social security that ask for the ground and fulfil the social security that ask for the ground, county (city, area) government (canal appoint meeting) must not receive the land forcibly.
(6) forest land examine and verify.
Examine and verify of use forest land and " 3 ground " the newspaper is approved group coil and examine and approve synchronism to begin, collateral deal with, approve with ground newspaper as construction no longer those who accept before buy condition, but did not obtain " examine and verify of use forest land agrees with a book " , must not undertake the early days infrastructure such as land level off builds the job, do not get conduction land to supply formalities.
(7) capture is handed in add construction newly to use the land paid use cost.
Involve capture to hand in add construction newly to use the land paid of use cost, after city people government is examined and approve by bureau of city land natural resources to each county (city, area) government (canal appoint meeting) nuclear hair capture expends an announcement. Each county (city, area) the proof exchange reachs bureau of city land natural resources after add of fight hand to hand of the capture that finish.
(8) give an official and construction of the fact after approving are made.
Bureau of city land natural resources receives each county (city, area) city people government deals with offspring of referred pay cost proof nuclear hair, transmit, and follow-up follow-up puts on record, the job such as file. Each county (city, area) after be being approved according to using ground give an official to begin, carry out wait for relevant job.
3, duty divides the work
(one) city people government: Entrusting attributive limits inside, carry out " 3 old " transform involve land to collect careful to approve, organize subordinate relevant function branch undertakes examine and verify to materials for approval, relevant approval circumstance appears in the newspaper to put on record and be made public to the society by the regulation, accept province people government, ranking business actively to be in charge of branch and social community to supervise. Because exercise is entrusted,examine and approve attributive to cause administration is reconsidered or of administrative lawsuit, assume specific administration to reconsider answer, should appeal to responsibility, responsible preparation is reconsidered by application, the material such as the fact related action of administration be appealinged to, evidence, basis, program, put forward rewrite or rejoin opinion; Controller of government office of the civil administration that save a person cannot appear in court should appeal to, entrust controller of city people government or clerk of its function department to appear in court should appeal to. Because of what administration is reconsidered or administrative lawsuit produces adverse legislation consequence, need to assume corresponding responsibility to province people government, this class government that examines and approve the job to responsible examine and verify lawfully and its function branch and the responsibility personnel that have intended or serious big error undertake chasing after duty, give disciplinary sanction lawfully to relevant responsibility personnel, make crime, investigate criminal duty lawfully. Involve administration to compensate for, assume specific liability to pay compensation, after paying ending compensation, the staff member that charges responsible examine and verify to examine and approve the job to have intended or significant unpremeditated crime lawfully assumes a share or recoup cost entirely. City people government cannot be entrusted with his nominal exercise examine and approve attributive, cannot to other executive authority, organism or individual move is entrusted examine and approve attributive.
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(2) city " 3 old " transform director department (bureau of city land natural resources) : Carry out as city people government " 3 old " the director department that transforms the job, I save responsible basis " 3 old " those who transform policy regulation to sign up for city people government to examine and approve to needing " 3 old " transform involve land to collect materials for approval to undertake examine and verify, put forward to make clear opinion of examine and verify to offer city people government decision-making. Because of examine and verify the job begins not do one's best and produce adverse legal consequence, need to assume corresponding responsibility. Right " 3 old " it is good to transform a project to superintend a system to do examine and verify, examination, newer, guidance controls a county (city, area) do work of good fill in a form and submit it to the leadership. Build with the province examine and approve the job to communicate a mechanism, ensure examine and approve the job to accord with relevant policy. Timely begin entrust examine and approve attributive to carry out a circumstance to evaluate, research puts forward to improve measure proposal of the job. Relevant administration has been done to reconsider answer below the guidance of city people government, should inform the work.
(3) bureau of city urban and rural program: I save responsible basis " 3 old " those who transform policy regulation to sign up for city people government to examine and approve to needing " 3 old " transform involve land to collect materials for approval to undertake examine and verify, put forward to make clear opinion of examine and verify to offer city people government decision-making. Because of examine and verify the job begins not do one's best and produce adverse legal consequence, need to assume corresponding responsibility. Right " 3 old " transform the work out that involves special program and control sex to plan in detail (long make up) , adjust, build preferential concentration to examine and approve a mechanism, raise program examine and verify to examine and approve efficiency.
(4) bureau of city legal system: Because exercise of city people government is entrusted,cause litigation of administration of administrative answer make peace, the responsible administration answer that reconsider, organization that should inform the work, harmonious with guidance.
(5) city Bureau of Finance: Responsible " 3 old " transform involve add construction newly to use the land paid use Fei Zheng receives management to work.
(6) bureau of city person company: Responsible " 3 ground " involve land to collect job of social security examine and verify, ensure the social security that ask for the ground approves synchronism to begin with the newspaper that use the land, improve administrative efficiency, finish social security examine and verify in time.
(7) city forestry bureau: Responsible " 3 ground " involve job of forest land examine and verify, ensure examine and verify of use forest land approves synchronism to begin with the newspaper that use the land, improve administrative efficiency, finish examine and verify of use forest land in time.
(8) each county (city, area) people government (canal appoint meeting) : Responsible and strict according to superior " 3 old " transform director department (branch of land natural resources) make " 3 old " transform the requirement group that involves land to collect careful to approve to coil, examine, examine and verify, promotion signs up for batch of groups to coil with the ground quality; Be in charge of be being organized to involving rural collective economy (or villager committee) vote the result undertakes materiality is examined; To what appear in the newspaper " 3 old " transform the authenticity that involves land to collect materials for approval, accuracy, add up to compasses sex to be in charge of, cooperate to because exercise is entrusted,be begun examine and approve attributive to cause administration is reconsidered or of administrative lawsuit specific should discuss, should inform the work, because of material authenticity, accuracy, add up to compasses sex to cause administration is reconsidered or of administrative lawsuit, assume responsibility of plan of relevant law law; Involve administration to compensate for, assume specific liability to pay compensation.
4, seal manages and use
(one) seal uses limits of authority.
According to " office of natural resources of Guangdong province land saves people government land to examine and approve blank of special number order and province government about making clear Guangdong the letter that archives paper for making manuscript uses management to concern matters concerned " (land of another name for Guangdong Province endowment office case 〔 2018 〕 578, the examination that entrusts municipal government exercise item of powers and authorities of office, include " 3 old " transform involve construction of old village collective to turn to use the ground, perfect land to impose procedures for state-owned construction with the ground, " edge horn ground, with filling ground, land belonging to one production unit but enclosed in that of another " agricultural the ground turns use and land is collected examine and approve etc lawfully, via city people government main leader is approved and chase class to fulfill use seal to examine and approve formalities rear can use, do not examine and approve special rule so that do sth without authorization uses land without approval.
(2) the management of seal.
1. land examines and approve special rule to appoint confidential station person specially assigned for a task or job to be in charge of save and managing by municipal government office, use special rule to must be in confidential and indoor, fulfill special rule to use the procedure that register seriously.
Administrator of seal of office of 2. municipal government must abide by the regulation that use a rule and operating sequence strictly, must check with Zhang Qian whether to accord with the requirement that use a rule and limits, the archives shows batch of watches to go up to whether be approved about chief autograph via municipal government, right with the chapter specific content is proofreaded seriously, prevent wrong leakage.
3. special rule is deposited must ensure safety, seal must be deposited below unused circumstance inside safe or iron sheet ark, do not place at will. Seal administrator asks for leave temporarily off, municipal government office should be appointed keep personnel is in charge of keeping temporarily and do good seal to use the procedure that register; When seal administrator is changed, municipal government office should appoint personnel to keep afresh and deal with hand over formalities.
4. land examines and approve special Zhang Yan to ban the be sent on a diplomatic mission outside carrying to use, if special rule has damage, lose wait for a circumstance to answer seasonable to the province office of natural resources of land of government, province reports.
5. special rule is uniform use bright red mimeograph, block wants when affix an official seal decorous, graph is clear, strict according to affix an official seal of means of seal date stamp.
(3) the management of archives paper for making manuscript.
Paper for making manuscript of archives of province government blank appoints confidential station person specially assigned for a task or job to be in charge of save and managing by municipal government office,
5, concerned requirement
"3 old " transform the city that involves land to collect careful to approve to concern branch and each county continuously (city, area) government (canal appoint meeting) should strengthen an organization to lead, formulate is specific carry out the executive opinion that fulfil, cooperate actively to had done those who adjust executive item to join fulfil the job, optimize handle affairs flow, rise handle affairs efficiency, depend on strictly lawfully compasses handle affairs, use business of informatization method aggrandizement to superintend, cogent promotion our city is ensured with the ground and serve a level.
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