In accordance with the relevant requirements of the “2023 Local Legislative Work Plan of the Standing Committee of the Jinan Municipal People’s Congress” and the relevant requirements of the legislative process, the abolition of the “Jinan City Rural Four Waste Resources Development Management Regulations” drafted and submitted for review by the Jinan Municipal Bureau of Agriculture and Rural Affairs and its instructions are hereby issued to the public Open for comments. The deadline for comments is March 30, 2023.
Comments and suggestions can be made in the following ways:
1. Log in to the website of the Jinan Municipal Government (URL http://www.jinan.gov.cn), and submit comments through the column “Interaction-Investigation Solicitation” at the top of the website homepage; or log in to the website of the Jinan Municipal Bureau of Justice (URL http://jnssfj .jinan.gov.cn/), submit opinions through the column “Government Rule of Law—Legislative Opinion Survey” on the homepage of the website;
2. Send comments to jnfzbfgc@jn.shandong.cn by email, and please mark the subject of the email as “opinions on abolishing the regulations on the development and management of rural four barren resources”;
3. Send the comments by letter to Room 1134, Area A, Longao Building, Jinan City, postal code 250099.
Attachments: 1. Regulations on the Development and Management of the Four Waste Resources in Rural Areas of Jinan City
2. Regarding the abolition of the “Jinan City Rural Four Waste Resources Development Management Articles”Example” description
Jinan Municipal Bureau of Justice
February 28, 2023
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Regulations on the Development and Management of the Four Waste Resources in Rural Areas of Jinan City
(Adopted at the Fourth Meeting of the Standing Committee of the Twelfth People’s Congress of Jinan City on September 16, 1998, and approved at the Fifth Meeting of the Standing Committee of the Ninth People’s Congress of Shandong Province on November 21, 1998 According to May 18, 2001 The “Jinan City People’s Congress” was adopted at the 20th meeting of the Standing Committee of the Twelfth People’s Congress of Jinan City on June 15, 2001 and approved at the 21st meeting of the Standing Committee of the Ninth People’s Congress of Shandong Province on June 15, 2001. The Decision of the Standing Committee on Amending 23 Local Regulations including the “Regulations on Employee Education of Jinan City” was first amended according to the 24th meeting of the Standing Committee of the 14th Jinan Municipal People’s Congress on October 27, 2010 Adopted and approved by the 20th meeting of the Standing Committee of the Eleventh People’s Congress of Shandong Province on November 25, 2010<济南市城镇企业职工基本养老保险条例>Second Amendment to the Decision on Twenty-Three Local Regulations
Table of contents
Chapter 1 General Provisions
Chapter 2 Transfer of the right to use the four wastelands
Chapter Three Rights and Obligations of Developers
Chapter IV Contract Management
Chapter V Legal Responsibilities
Chapter VI Supplementary Provisions
Chapter 1 General Provisions
Article 1 In order to speed up the control, development and rational use of the resources of the four wastes in rural areas, improve the ecological environment, change the conditions of agricultural production, promote the sustainable development of the rural economy, and protect the legitimate rights and interests of the owners and developers of the four wastes resources, according to the relevant laws , laws and regulations, and in light of the actual situation of this Municipality, formulate these Regulations.
Article 2 The “four waste resources” (hereinafter referred to as “four wastes”) mentioned in these Regulations refer to the barren hills, waste land, waste beaches and waste water owned by rural collectives.
The development of the four wastelands mentioned in these Regulations refers to the act of obtaining the right to use the four wastelands owned by rural collectives in accordance with the law without changing the ownership, and governing the development, production and operation according to the purpose stipulated in the contract.
Article 3 These Regulations shall apply to the development and management of the four shortages in rural areas within the administrative area of this Municipality.
Article 4 The municipal comprehensive agricultural management department is the department in charge of the development of the four wastelands in this administrative region. The county (city, district) comprehensive agricultural management department is responsible for the development and management of the four wastelands within its jurisdiction. City and county (city, district) agricultural resource division management agencies are responsible for the daily work of organizing, coordinating, supervising and guiding the development of the four wastelands within their respective jurisdictions.
The departments of water conservancy, forestry, agriculture, planning, finance, taxation, environmental protection, and land management of the people’s governments of cities and counties (cities, districts) shall, according to their respective responsibilities, cooperate with the competent departments for the development of the four wastes to do a good job in the development and management of the four wastes.
Article 5 The people’s governments of cities and counties (cities, districts) shall strengthen leadership over the development of the four wastelands, adhere to the principle of preventing and controlling water and soil erosion, formulate development plans for the four wastelands, and encourage rational development and utilization of the four wastelands.
The township (town) people’s government shall formulate a plan for the development and utilization of the four wastelands according to the city, county (city, district) people’s government’s plan for the development of the four wastelands, and organize the implementation.
Article 6 The development of the four wastelands shall adhere to the principles of openness, fairness, impartiality, and voluntariness, implement the combination of development and governance, and unify economic benefits, ecological benefits, and social benefits.
Article 7 The people’s governments of cities and counties (cities, districts) shall commend and reward units and individuals that have made remarkable achievements in developing the four wastelands.
Chapter 2 Transfer of the right to use the four wastelands
Article 8 The village (resident) committees may transfer the right to use the four wastelands for a fee through contracting, leasing, auctioning, etc., and may also implement shareholding cooperation. For the four wastes with unclear ownership and disputes, the right to use them shall not be transferred.
Article 9 Villagers (residents), enterprises, public institutions, social organizations and other organizations and individuals who have the ability to develop can participate in the development of the four wastelands. Villagers (residents) enjoy priority in the development of the four wastelands.
Article 10 The term of contracting, leasing, and auctioning the right to use the four wastelands shall not exceed fifty years.
Article 11 The transfer of the right to use the four wastelands does not include underground resources, buried objects and public facilities owned by the state.
Article 12 The village (resident) committee shall set up an evaluation team composed of representatives of the village (resident) to evaluate the contracting fee, lease fee, shareholding discount and auction reserve price of the four shortages, formulate an implementation plan, It shall be discussed and approved by the general meeting or villagers’ representative meeting, reported to the township (town) people’s government for review, and implemented after the approval of the county (city, district) people’s government.
Article 13 The transfer of the right to use the four wastelands through public bidding shall be carried out in accordance with the following procedures:
(1) Village (neighborhood) committees or township (town) people’s governments or the four wasteland development authorities announce the plan for the transfer of the four wasteland use rights;
(2) Bidders participate in the bidding after paying a certain amount of deposit;
(3) Sign the contract immediately after the transferee is determined through bidding and evaluation. Refund the bid deposits to other bidders within seven days after the end of the bidding;
(4) After the transferee pays the first transfer fee according to the contract within the prescribed time limit, the county (city, district) people’s government will determine the right to use the four wastelands and issue a certificate within 15 days with the contract and the transfer payment certificate.
If the right to use the four wastelands is transferred through negotiation, after the development contract is signed, the relevant procedures shall be handled in accordance with the provisions of Item 4 of the preceding paragraph.
Article 14 Where the right to use the four wastelands is obtained by means of auction, the transfer fee may be paid in one lump sum or in installments as agreed by both parties. If the payment is made in installments, the initial payment shall not be less than 3% of the transfer fee that should be handed over. ten.
If the right to use the four wastelands is obtained by means of contracting or leasing, the transfer fee can be paid in one lump sum or in annual installments.
The funds collected from the sale of the right to use the four wastelands belong to the rural collectives.
Article 15 The transferor and the transferee of the right to use the four wastelands shall sign a written contract. The contract must have the following main contents:
(1) The location, area, and current situation of the four wastelands;
(2) The method, purpose, and development content of the paid transfer of the right to use the four wastelands;
(3) The period of use;
(4) Disposal of the ground objects before development and when the contract expires;
(5) The amount of the transfer fee and the delivery method and time;
(6) the rights and obligations of both parties;
(7) Liability for breach of contract;
(8) Other matters agreed upon by both parties.
Article 16 After the signing of the contract for the transfer of the right to use the four wastelands, the parties must fully perform the obligations stipulated in the contract, and neither party may modify or terminate it without authorization. The contract shall not be changed or terminated due to the change of the undertaker or the person in charge.
Chapter Three Rights and Obligations of Developers
Article 17 Developers of the four wastelands shall abide by relevant laws, regulations and these Regulations, and have the obligation to protect natural resources and state public facilities. During the period of obtaining the right to use the four wastelands, the developer shall enjoy the autonomy of governance, development, production and operation according to the purpose and development content agreed in the contract, and the property formed by the development shall be owned by himself.
Article 18 The legitimate rights and interests of developers of the four wastelands and the results of development and utilization shall be protected by law, and shall not be violated by any unit or individual.
National construction needs to expropriate the four wastelands that have been developed, and the parties should be given reasonable compensation according to the relevant state regulations.
Article 19 Within the period of use stipulated in the contract, the development in the form of contracting, leasing and joint stock cooperation can be inherited and transferred according to law. Those who obtain the right to use by auction can enjoy the rights of inheritance, transfer, mortgage and participation in joint ventures according to law.
The transfer, mortgage, and equity joint venture must be approved by the transferor, reviewed by the township (town) people’s government, and reported to the county (city, district) people’s government for approval. The transferee and the third party should sign a contract and handle relevant certificates in accordance with regulations.
Article 20 Developers can enjoy the following benefits by virtue of the Sihuang development contract and certificate:
(1) Exempt from paying agricultural tax and agricultural special product tax within three years from self-owned income. After the expiration of the period, due to force majeure natural disasters, you can apply for reduction or exemption;
(2) Agricultural and sideline product processing projects are exempt from corporate income tax upon approval by the tax authorities;
(3) The electric power department shall give priority to arrange power supply;
(4) Agricultural technology extension management departments and service agencies give priority to providing socialized services such as high-quality seedlings, improved seeds, scientific and technological achievements, agricultural machinery, and market information;
(5) Laid-off workers of urban enterprises and employees of difficult enterprises who develop the four shortages and have paid the basic endowment insurance premiums according to the regulations, their past continuous working years and payment years and the subsequent payment years shall be calculated continuously, and when they reach the retirement age, they shall enjoy the basic old-age benefits;
(6) Those who are not permanent residents of this city who come to the economy to develop the four shortages can enjoy the care of household registration transfer, child care, schooling, etc. according to relevant regulations.
Article 21 The development of the four wastelands is mainly used for the following purposes:
(1) Planting, forestry, animal husbandry, aquaculture and the processing and sales of their products;
(2) Development of tourism and sightseeing agriculture;
(3) Water conservancy projects and agricultural machinery services;
(4) Other projects in line with agricultural industry policies.
Article 22 The following acts are prohibited in the development of the four wastelands:
(1) Secondary and tertiary industries other than Article 21;
(2) open up wasteland to plant crops on steep slopes above 25 degrees;
(3) Destroying vegetation, roads, farmland water conservancy facilities and the ecological environment;
(4) Predatory development causes new soil erosion and resource destruction;
(5) Other acts that violate relevant laws, regulations and agricultural industry policies.
Chapter IV Contract Management
Article 23 The four wasteland development contracts shall be managed by the township (town) people’s government and reported to the county (city, district) four wasteland development authorities for record.
Article 24 When the contract expires, both parties shall go through the contract termination procedures according to law and cancel the relevant certificates. If the developer needs to continue to use it, he should apply for renewal in accordance with the provisions of these regulations one year before the contract expires, and enjoy priority under the same conditions.
Article 25 Under any of the following circumstances, the contract is allowed to be changed or terminated:
(1) The parties concerned agree through consultation, and the national and public interests are not harmed;
(2) Due to force majeure, the contract cannot be performed;
(3) The four barren lands developed for national construction are requisitioned;
(4) One party fails to perform the contract within the time limit stipulated in the contract.
Article 26 If one party to the contract requests to modify or terminate the contract, it shall notify the other party in writing, and the other party shall give a written reply within 30 days from the date of receipt of the notice.
Both parties should reach a written agreement on modifying or rescinding the contract, which should be reported to the township (town) people’s government and the county (city, district) four-land development department for record, and the certificate of rescission of the contract should be withdrawn. Before the agreement is reached, the original contract is still valid.
If the other party suffers losses due to modification or rescission of the contract, the responsible party shall be responsible for compensation, unless the liability can be exempted according to law.
Article 27 When a dispute arises in the performance of a contract, the parties shall handle it in accordance with relevant laws and regulations.
Chapter V Legal Responsibilities
Article 28 The village (resident) committee, villagers, other units and individuals who occupy, loot, or destroy the achievements of the development of the four wastelands shall compensate for economic losses. If serious consequences constitute a crime, criminal responsibility shall be investigated according to law.
Article 29 Anyone who violates the provisions of Article 21 of these Regulations shall be ordered to make corrections within a time limit, given a warning by the four wasteland development authorities, and may be fined not less than 1,000 yuan but not more than 10,000 yuan.
Article 30 Where there is an act in Item (1) of Article 22 of these Regulations, the competent department of Sihuang Development together with relevant departments shall order it to stop the illegal act and restore it to the original state. If the original state cannot be restored, economic compensation shall be ordered, and a fine of not less than 10,000 yuan but not more than 30,000 yuan may be imposed.
Those who commit acts in Items (2), (3), (4) and (5) of Article 22 of these Regulations shall be investigated and dealt with by relevant departments according to law.
Article 31 Under any of the following circumstances, the departments in charge of the development of the four wastelands, finance, prices, supervision and other departments shall investigate and deal with them in accordance with relevant regulations:
(1) Misappropriating or misappropriating the transfer funds of the four wastelands;
(2) Arbitrarily charging, apportioning, and imposing fines to the developers of the four wastelands.
Article 32 Those who refuse or obstruct the functionaries of state organs to perform their duties in accordance with the law shall be punished by the public security organs in accordance with the provisions of the “Public Security Administration Punishment Law of the People’s Republic of China”; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 33 When the competent departments for the development of the four wastelands impose penalties, they shall follow the relevant provisions of the “Law of the People’s Republic of China on Administrative Penalties”.
Article 34 If a party refuses to accept the administrative punishment decision, he may apply for administrative reconsideration or file an administrative lawsuit according to law. If the person fails to apply for reconsideration or file a lawsuit in the people’s court within the time limit and fails to implement the punishment decision, the organ that made the punishment decision shall apply to the people’s court for compulsory enforcement.
Article 35 Staff members of the competent departments for the development of four wastelands and other relevant departments who fail to perform management duties, neglect their duties, engage in malpractices for personal gain shall be given administrative sanctions by their units or relevant agencies; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 36 These Regulations shall come into force on the date of promulgation. The “Interim Measures for the Auction Management of the “Four Wastes” in Rural Areas of Jinan” promulgated by the Jinan Municipal People’s Government on October 24, 1995 will be abolished at the same time.
