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Circulation Of Rural Land Contractual Management

Original Language Title: 农村土地承包经营权流转管理办法

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(January 19, 2005 the Ministry of agriculture, 47th release as of March 1, 2005) Chapter I General provisions article to regulate the transfer of rural land contracted management right, maintaining circulation of lawful rights and interests of the parties, promote the development of agriculture and the rural economy, in accordance with the relevant provisions of the law on land contract in rural areas and the development of this approach.
    Article transfer of rural land contracted management right should adhere to the household contract responsibility system and stabilizing the rural land contract relations on the basis of, follow the principle of equal consultation, in accordance with law, voluntary and paid.
    Article III transfer of rural land contracted management right shall not change the agricultural use of the land, the circulation period shall not exceed the remainder of the contract period, and must not harm the interests of people and the legitimate rights and interests of rural collective economic organizations. Fourth transfer of rural land contracted management right should be standardized and orderly.
    Form circulation should be protected according to law.
    Fifth people's Governments above the county level agricultural Executive Director (or rural management) departments in accordance with its responsibilities under the people's Governments at the responsible for the administration of contractual operation right of rural land circulation and contract management guidance. Chapter Sixth contractor is entitled to transfer the Parties shall independently determine whether contract land transfer, transfer of the objects, and methods.
    Any unit or individual is allowed to force or hinder Contracting Parties in accordance with their contracted land circulation.
    Article seventh contractual operation right of rural land transfer income owned by a Contracting Party to all, no organization or individual may seize, retain, withhold. Article eighth Contracting Parties voluntarily entrusted the employer or intermediary organizations transfer their contracted land, land transfer instructions issued by the contractor.
    Letters rogatory shall set forth the entrusted matters, permission and the term, and principal's signature or seal.
    Without written authorization of the Contracting Party, decided, no organization or individual shall not be entitled to any transfer farmer's land. Nineth transfer of rural land contracted management right of the transferee to contracted farmers, it can contain other relevant laws and regulations allow organizations and individuals engaged in agricultural production and management.
    Under the same conditions, members of the collective economic organization have priority.
    Transferee should have agricultural management capacities.
    Tenth way of contractual operation right of rural land circulation, terms and conditions, both sides by circulation equal consultation.
    11th Contracting Parties after the turnover intention with the transferee, to subcontract, lease, Exchange, or otherwise transfer, Contracting Party shall promptly provide employer record of circulation by transfer shall first submit to the employer a transfer request.
    12th the transferee shall, in accordance with the relevant laws and regulations to protect the land against changes in circulation of agricultural land use.
    13th the transferee will the contractor to subcontract, lease land circulation, shall obtain the consent of the Contracting Party. Article 14th transferee during the circulation increases for input capacity of land, land transfer contract expires or not legally recover the contract by the contractor when the transferee has the right to receive appropriate compensation.
    Specific compensation measures may be included in the land transfer contract agreement or solution through consultations between the parties.
    Chapter III transfer 15th Contracting Party shall obtain the contractual operation right of rural land can take to subcontract, lease, Exchange, transfer or other relevant laws and national policies in the manner provided in the circulation.
    16th Contracting Parties adopt subcontract, lease, share ways of circulation of rural land contractual management rights in part or in whole, Contracting Party and the Contracting Party will not change, enjoy the rights and assume the obligations of the parties does not change.
    17th the same collective economic organizations of the Contracting Parties voluntarily contracted land swaps between two sides swap were originally contracted rights and obligations of a corresponding swap, the parties can request certification for contractual operation right of rural land alteration registration procedures.
    Article 18th contractor in the manner of contractual operation right of rural land circulation, after agreed by the employer, a party may request contractual operation right of rural land in time card change, cancellation or repeat procedures.
    19th between Contracting Parties can voluntarily contract land a stake in developing agricultural production, but the dissolution of the joint-stock stake in the land should be returned to the original contracted farmers.
    Article 20th through the transfer, exchange of contractual operation right of land registered according to law made after obtaining the land certificate, it may take the subcontract, lease, Exchange, transfer or other forms of legal and policy provisions of the national circulation.
    Fourth chapter turnover the 21st Contracting Parties transferring contractual operation right of rural land, shall be on the basis of consensus, and the transferee under a written contract.
    Four copies of the contractual operation right of rural land contract, transfer each party a copy of employer and township (town) people's government contracting of rural land management records with a copy.
    Farming contractor will be handed over to the others of not more than one year, you can enter into a written contract.
    22nd contractor entrusted party or intermediary service organizations transfer their contracted land, contract should be signed by the contractor or its written power of Attorney Agent.
    23rd article rural land contracting right circulation contract General including following content: (a) both party of name, and residence; (ii) circulation land of four to, and is located, and area, and quality grade; (three) circulation of term and start date; (four) circulation way; (five) circulation land of uses; (six) both party of right and obligations; (seven) circulation price and the paid way; (eight) circulation contract due Hou ground attached real and the related facilities of processing; (nine) default responsibility.
    Contract of transfer of rural land contracted management right text format determined by the provincial departments of agriculture administration.
    24th parties to a contractual operation right of rural land circulation can contribute to the township (town) people in rural land contracting management attestation of the contract.
    The township (town) rural land contracting management agency of the Government may not force the transfer of land contract management right a party to accept assurance.
    Circulation management article 25th fifth chapter proposed by the employer of the contractor to subcontract, rent, Exchange, or otherwise transfer of contracted land requirements, it shall record and report of township (town) people of rural land contracted management.
    Contractors transfer of contracted land, the employer agreed to the transfer, shall promptly to the township (town) people's Government report of the rural land contract management, and with the formalities for the change; the employer does not consent to the transfer, should be to the contractor in writing of reasons on 7th.
    Article 26th Township (town) people circulation of rural land contracted management departments should be reached in a timely manner of the intention of the Contracting Parties to provide a unified format contract and guide sign. 27th the township (town) people of rural land contractual management shall establish a register of contractual operation right of rural land circulation, timely and accurate record transfer of rural land contracted management right.
    To subcontract, lease, or otherwise transfer of contracted land, registered in time; to transfer, transfer contract land swaps, in time for the relevant contract and land contract management certificate change procedures.
    28th article of township (town) people of rural land contracted management of contractual operation right of rural land circulation contract and relevant documents, texts and materials, such as archiving and safekeeping.
    Article 29th swaps, transfers of farmland Contracting Parties applying for registration of transfer of land contract and management right, County agriculture administration (or rural management) departments shall be admissible, and in accordance with the provisions of the contractual operation right of rural land management approaches for processing.
    Article 30th transfer of rural land contracted management right of the intermediary organizations should be held to the local people's Governments at or above the county level agricultural administrative (or rural management) departments and receive guidance, in accordance with the law and relevant regulations provide transfer agency services.
    31st Township (town) people circulation of rural land contracted management in guiding the contract or contract verification, found that circulation of violations of laws and regulations agreed by the parties, should be corrected in a timely manner. Article 32nd local people's Governments at or above the county level agricultural administration (or rural management) departments should strengthen the township (town) people of rural land contracted management guidance.
    The township (town) people's government contracting of rural land management departments shall carry out transfer of rural land contracted management right guidance and management of the proper performance of duties.
    Article 33rd transfer of rural land contracted management right dispute or dispute, the Parties shall be settled according to law.
    Through consultation by the parties, may request the villagers Committee and township (town) people's mediation.
    Parties do not wish to negotiation or mediation are unsuccessful, may apply to the arbitration of rural land contract arbitration, may also directly bring a lawsuit.
    Sixth chapter supplementary articles article 34th through bid invitation, auction and public consultation, including contracting barren hills, waste valleys, barren hillocks, wasteland and other rural land, legally registered certificate of contractual operation right of rural land, can take a transfer, lease, investment, mortgage, or otherwise transfer the circulation management in accordance with the measures implemented. 35th transfer mentioned in these measures refers to the contractor a stable non-farm occupations or have a stable source of revenue, upon application and the employer agreed to part or all of the contractual operation right of land transferred to other farmers engaged in agricultural production and management, by performing the corresponding land contract rights and obligations.
    Transfer of original land contract after termination of the relationship itself, the original contractor within the contract term of contractual operation right of land part or all of the loss. Subcontracting refers to the contractor will be part or all of the land contractual management rights in a certain period to the same collective economic organization other farmers engaged in agricultural production and management. Subcontract original land contract relations unchanged after, the original contractor to continue to carry out land rights and obligations under the contract. When subcontracting the contract issuer according to agreed conditions on subcontracting party. Contractor land to another farming except for less than a year.

    Exchange is between the Contracting Parties in order to facilitate farming or their respective needs, belong to the same collective economic organization of contracted land exchange, in Exchange the corresponding land.
    Shares means the family contract between the Contracting Parties for the development of agricultural economy, the land as equity, voluntarily engaged in agricultural production management; other contractual operation right of land contracting contracting party be quantitative equity acquisition form joint-stock companies or cooperatives engaged in agricultural production and management. Rental means the contractor will be part or all of the contractual operation right of land to certain term lease to others engaged in agricultural production and management. Following the original land contract relations intact, the original contractor to continue to carry out land rights and obligations under the contract.
    The lessee rental terms agreed by the Contracting Parties.
    Transferee referred to in these procedures include those providing, the lessee. 36th these measures come into force March 1, 2005.