Notice!Cultivation land is illegal. What should I do?

Cultivation land is more common in rural my country, mainly because farmers are not enthusiastic about planting grain.

Some farmers transfer the contracted cultivated land to others to plant trees and cultivation, and some people would rather be deserted or unwilling to cultivate.

However, what many people don't know is that the cultivation of cultivated land is actually "illegal"! my country's laws and regulations and related policies are strictly prohibited from idle and deserted cultivated land in any unit and individuals.

"Land Management Law" Article 38:

It is forbidden to be idle and barren cultivated land in any unit and individual. If the non -agricultural construction that has already completed the approval procedures occupies a cultivated land, if it can be cultivated and harvested within one year, it shall be recovered by the collective or individual of the original cultivated land or individuals. In accordance with the provisions of the province, autonomous region, and municipalities, it shall pay idle fees; those who have not been used for two consecutive years shall be approved by the original approval authority, and the land use rights of the people's governments at or above the county level will be recovered without compensation. All should be returned to the original rural collective economic organizations.

Article 18, Article 18 of the Protection of Basic Farmland:

It is forbidden to be idle and barren farmland for any unit and individual. Paragraph 2: If the unit or individual of the basic farmland and individuals operates the basic farmland for two consecutive years, the original subcontracting unit shall terminate the contract and recover the basic farmland of the packet.

"Land Contract Law" Article 64:

Land operators change the agricultural use of the land without authorization, abandon farmland for more than two consecutive years, cause serious damage to the land or severely damage the ecological environment of the land. Requires to terminate the transfer of land operation rights. Land operators shall compensate the damage caused by the ecological environment of the land and land.

The "Notice on Further Doing a Good Power Protection Subsidies" (Cai Nong Office [2021] No. 11) and other documents stipulate that the following situations must not enjoy subsidies:

1. Cultivated land occupied by animal husbandry farms.

2. The state has issued forest land with forest certificates.

3. Picnic cultivated land converted into facilities agricultural land, including: in the area of ​​facility agricultural projects, the production facility and auxiliary facilities directly used in the production of agricultural product production. For example, the continuous greenhouse land for factory -based crop cultivation, production facilities such as aquaculture pools, factory breeding pools, and other production facilities, breeding and breeding places, agricultural production, and land for inspection and quarantine monitoring and environmental protection facilities; large agricultural professional households, family farms , Farmers Cooperative, Agricultural Enterprise, etc. engaged in supporting facilities for food production. For example, drying the field, grain drying facilities, grain and agricultural funds, and agricultural machinery temporarily stored places.

4. Non -agricultural signs (occupying) cultivated land that has changed its use.

5. The county -level people's government is determined to cancel the qualifications for the next year for the arable land that has been abolished for more than 1 year.

6. The county -level people's government is determined that the area and quality of the "supplement" in the supplementary balance cannot meet the cultivated land.

7. Turn into a cultivated land in forest land and gardening without authorization.

The "Notice of the Ministry of Finance of the Ministry of Agriculture and Rural Affairs on the Implementation of Agricultural Production Development and other projects in 2022" requirements

Stable implementation of cultivated land protection subsidies. Strictly implement the state's relevant regulations on the control of the use of cultivated land, increase the verification of the use of cultivated land, and change the cultivated land, forest land, grassland, and pattern grain fields that have been used as animal husbandry farms to be converted into a cultivated land and non -agricultural signs for facilities agricultural land ( Occupy) The arable land that has been changed in cultivated land shall no longer give subsidies, and those who have been abolished for more than a year will cancel the qualifications for the following year.

In accordance with the strict implementation of the priority of the use of cultivated land, further strengthen the policy orientation of the protection subsidy subsidy of cultivated land, establish and improve the linkage mechanism for the distribution of cultivated land protection subsidies and the supervision and inspection of cultivated land law enforcement, and resolutely curb the "non -agricultural chemical" and "non -grainization" of basic farmland.

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Source: Natural Resources Legal Forum

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