Qinghai Province Grasslands Transference Method

Original Language Title: 青海省草原承包经营权流转办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369087.shtml

Qinghai province grasslands transference method

    (December 28, 2011 in Qinghai province, the people's Government of the 94th General Meeting January 5, 2012 in Qinghai province to 86th, published since March 1, 2012) the first to standardize the transfer of contracted grassland, circulation between the lawful rights and interests of maintaining, promoting the development of animal husbandry economy, according to the People's Republic of China rural land contract law and the People's Republic of China grassland law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article transfer of contracted grassland within the administrative area of the province and its service management activities, these measures shall apply.

Article III transfer of contracted grassland shall abide by the laws and regulations and adhere to the principle of equality, consultation and voluntary, paid.

    Transference may not change the use of contracted grassland Prairie, the circulation period shall not exceed the remainder of the contract period. Article fourth form Prairie transference relationship is protected by law.

    No organization or individual may force or impede the circulation of contractor to grassland contractual management, operators must not harm the grassland contract legal rights. Article fifth Prairie administrative departments of the people's Governments above the county level are responsible for guiding the circulation service within the administrative area of grassland contract management.

Its regulatory authority specifically responsible for the circulation of the prairie grasslands of the transfer contract, Prairie circulation service training, regular monitoring and supervision and inspection work.

The township (town) people's Government is responsible for the transference of grassland within the administrative area for the registration and policy advocacy, dispute resolution and other services.

    Village (animal husbandry) Committee the circulation of collective economic organizations within the grassland contract examination and verification and information gathering, reporting, with the township (town) people do the transfer work.

Article sixth grassland contracting Contracting Parties legally entitled to decide whether contracted Prairie circulation, circulation of objects and methods. Transferee of transference of grassland animal husbandry must have operating capacities.

The transferee may be the collective economic organizations within the Prairie contractor or other organization or individual engaged in livestock production and management.

    Members of the collective economic organizations have priority under the same conditions.

    Seventh to encourage operators to grassland contractual professional cooperative economic organizations, breed big circulation right to grassland contractual management, development of moderate scale management.

Eighth grassland contractual management rights in accordance with the following program flow:

(A) circulation within the grassland contractual management in the collective economic organizations, by the Contracting Parties and the transferee jointly apply to the employer, the village (animal husbandry) authority to verify, Township (town) people registered.

    (B) grassland contractual management rights to the members of the collective economic organizations outside the circulation, by the Contracting Parties and the transferee jointly apply to the employer, the village (animal husbandry) Conference more than two-thirds members or two-thirds village (animal husbandry) representatives agreed that the township (town) people registered. 

    Nineth Prairie transference, the contractor and the transferee shall by consensus, to enter into a written contract.

Grassland contractual management right transfer contract shall be filed with the employer, the township (town) people's Government above the county level and Prairie regulatory filings.

    Employer and township (town) people's Government above the county level and grassland supervision and Administration Department shall contract and related files for archiving and safekeeping.

Article tenth grasslands transference contract shall include the following:

(A) the names of the parties (name) address and other basic information;

(B) transferring four to boundaries of grasslands, areas, levels, types, authorized stocking;

(C) transfer mode;

(D) the duration and start and end dates of circulation;

(E) transferring Prairie use;

(Vi) transfer price and method of payment;

(VII) the rights and obligations of both parties;

(H) contract after the expiration of the Prairie ground handling attachments and related facilities;

(I) compensation for grassland protection and construction, temporary requisition of grants funding allocation;

(10) the liability for breach;

(11) the parties agreed that the other content.

    Circulation people's Government contract geshiyousheng Prairie Grassland contract determined centrally by the Administrative Department.

11th following grassland shall not transfer:

(A) implementation of grazing;

(B) implementation of grassland contractual management;

(C) grassland whose ownership is in dispute;

    (D) other circumstances prohibited by laws and regulations.

    12th transferee of transference must fulfil the Prairie Grassland protection and construction obligations, in strict compliance with system of grassland-livestock balance, signing of grassland-livestock balance responsibility, in accordance with the contract, the rational use of grassland, are not permitted to stop predatory. 13th transferee will the contractor to sub-contract, transfer of the rental right to grassland contractual transfer, shall obtain the consent of the Contracting Party.

    Without the contractor's consent, transfer is not valid.

    Article 14th grassland contractual management transfers, transfer of the swaps, the parties should be to the county-level administrative authority under the Prairie Grassland contractual document change procedures.

15th circulation gains grassland contract contractor-owned, no organization or individual may intercept or withheld.

    Registration of transfer of contracted grassland shall not charge any fee.

    16th Prairie administrative departments above the county level should establish grassland contractual management right transfer information platform, timely disclosure of information transfer dock to provide convenient services for both sides.

    Article 17th of township (town) people's Governments and their grassland transfer services should carry out legal policy advocacy, pricing, circulation of information, advice, offer its contract for transferring the text format in a timely manner, to guide their contracts according to law.

Article 18th transferences to grassland contractual disputes, by both parties when

Human consultation.

Through consultation by the parties, may request the village (animal husbandry) Board and township (town) people's Government mediation.

Parties do not wish to negotiation or mediation are unsuccessful, to the land (Prairie) contract dispute arbitration Committee for arbitration, but also may initiate litigation to the people's Court according to law.

    Before the dispute is not resolved, no party shall change the status and use of the grasslands.

19th Contracting Party, the receiving party does not fulfill the grassland contract about

Obligations in accordance with the contractual stipulations and the provisions of relevant laws and regulations, liability.

In violation of these regulations section 11th, the grassland contract signing is invalid.

    Violation of the provisions of article 12th, the contractor should be based on the contract require the assignee to stop violations, restoration of limited duration, can also draw attention to administrative departments or the Prairie Grassland supervision and administration according to law.

20th article violates these rules, the transferee without changing the circulation of grassland

    Purposes, in accordance with the People's Republic of China grassland-related provisions of the law will be punished.

    Article 21st licensee exceed the authorized stocking rates of grazing, the people's Governments above the county level Prairie administrative departments or rectification of the Prairie regulatory; fails, Qinghai province, in accordance with the implementation of People's Republic of China approaches the grassland law 62nd article of provisions for punishment.

22nd article employer coercion, prevent a contractor to grassland contractual management

    Camp right or engaging in acts of others against Prairie contractor's lawful rights and interests, according to the People's Republic of China rural land contract law article 54th, commitment to stop the infringing act, Untitled, restitution, and civil liability for damages.

    23rd Prairie administrative authorities and other State institutions, dereliction of duty, abuse of power, favoritism and interference, obstruction of circulation of grassland contract, by the unit or department concerned shall be given an administrative sanction.

Article 24th transfer mentioned in these measures refers to subcontract, lease, Exchange, transfer, transfer to grassland contractual management in the form of share cooperation. Subcontracting refers to contractor in part or in whole to grassland contractual right to subcontract a certain period within the same economic organization other herdsmen or individual engaged in livestock production and management. Subcontract back to grassland contractual relationship intact, the original contractor's continuing rights and obligations under the contract for performance of the original Prairie.

When subcontracting the transferee according to the agreed conditions on subcontracting party. Rent refers to the contractor will be part or all of the grasslands contracted with operating leases to others a certain period engaged in livestock production. Following the original grassland contractual relationship intact, the original contractor's continuing rights and obligations under the contract for performance of the original Prairie.

Transferee rental terms agreed by the Contracting Parties.

Swap refers to grazing or between Contracting Parties in order to facilitate their respective needs, belong to the same economic organizations within the contracted grasslands to swap, in Exchange the corresponding right to grassland contractual management. Transfer, is refers to Contracting Party has stable of non-agricultural Mu career or has stable of income source, by Contracting Party and by let party application, by employer Party agreed, will part or all contracting business of Prairie and corresponding of right obligations let du to other engaged in livestock production business of organization or personal, original Contracting Party in contracting period within of Prairie contracting right part or all out lost.

Contracted by the transferee and the employer to re-establish relations, signed a grassland contract responsibility contract and grassland management permit issuing authority for the ownership change procedures, the replacement certificate.

    Stock-cooperation, refers to the contract between the parties for the development of animal husbandry economy to grassland contractual management as equity, voluntarily engaged in livestock production and management, contracted the same Contracting Party.

    25th grassland contractual management right transfer of State-owned farm in accordance with the measures implemented.

    26th article of the approach to the implementation of the specific application, interpreted by the provincial administrative departments in charge of grassland. 27th article this way come into force on March 1, 2012. 23rd of August 2, 2001 Provincial Executive meeting consideration and adoption of the grassland use right transfer method in Qinghai province abolished at the same time.