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Qinghai Province Grasslands Transference Method

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

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Expansion of business rights in Xai Province

(Adopted by Decree No. 86 of 5 January 2012 of the People's Government of the Blue Heavy Province on 1 March 2012)

Article 1 provides for the regulation of the transfer of authority from pastoral contractors, the preservation of the legitimate rights and interests of both parties, the promotion of economic development in livestock, and the development of this approach in line with the laws, regulations and regulations such as the Rural Land Contracting Act of the People's Republic of China, the People's Republic of China.

Article 2

Article 3 shifts in the swing-in-contracting exercise should be governed by legal, regulatory provisions that uphold the principles of equality, consultation, voluntary and reimbursable.

The swing-out of the original contractor shall not alter the use of the contractor's herbath, which shall not exceed the remaining period of the contractor's period.

Article IV provides legal protection for the transfer of royalties arising under the law. Any organization or individual shall not be forced or hindered by the contractor to carry out the swing-out of the original contractor's right to operate without prejudice to the legitimate rights and interests of the contractor.

Article 5 Its former supervisory body is specifically responsible for the preparation of the swing contract, regular monitoring, training in herbrilling services and supervision of inspection.

The Government of the commune (commune) is responsible for the registration management of the swing-outs in the current administration and the services such as policy advocacy, dispute mediation.

The Village (Land pastoral) National Commission assumes the review verification and information collection and reporting process within this collective economic organization, in collaboration with the relevant work of the commune (communes) people's Government.

Article 6. The contractor of the swing contract is entitled, by law, to decide whether the contractor's past is transferred, the object and manner.

The proponents of the swing-in operation must have the capacity of livestock. It may be abry contractor within this collective economic organization or another organization or individual involved in the production of livestock.

Members of this collective economic organization have priority under the same conditions.

Article 7 encourages the swang contractor to develop a modest scale of operation by moving the swings into the business of the professional cooperation economic organization, the breeding house.

Article 8

(i) Removal of the right to operate within this collective economic organization by the contractor and the licensor to submit an application to the proponent, which is verified by the Village (Brazing) Commission and registered to the people's Government.

(ii) Removals from the original contractor's right to operate outside the membership of this Collective Economic Organization, which is submitted jointly by the contractor and the licensor to the lender, with the consent of more than two thirds of the members of the village (drazing) meeting or more representatives of the village (grazing) to the people's government.

Article 9. Removal of the swing-in contract by the contractor and the licensor should agree on a written flow contract.

The swing-out contract should be submitted to the lender, the commune (commune) Government and the district-level supervisory body.

The Government of the commune, the communes (communes) and the authorities of the veterior over the district level should archive and maintain the text of the contract and the related documents.

Article 10

(i) The names of the parties (name) and the basic information, such as the location;

(ii) Four-point boundaries, area, hierarchy, type and approved livestock;

(iii) Modalities;

(iv) Terms of time and end date;

(v) The use of swings;

(vi) Removal and payment modalities;

(vii) The rights and obligations of both parties;

(viii) The processing of items and related facilities at the grasslands following the expiration of the contract;

(ix) Modalities for the allocation of funds, such as the protection of pastures and temporary recruitment;

(x) Liability for default;

(xi) Other elements agreed by the parties.

The text of the swing-in contract was harmonized by the provincial authorities.

Article 11.

(i) Exhibits;

(ii) Non-implementation of the right to operate under the contract;

(iii) The right to herders is controversial;

(iv) Other cases prohibited by law, legislation.

Article 12 Proceeds of the swing-in contract must fulfil their obligations to protect and build, strictly adhere to her livestock balance system, enter into a book of responsibility for the balance of livestock, and, in accordance with the contract agreement, make reasonable use of herbath and shall not be looted.

Article 13. Removals by the lender of the contractor's swing-in-handling exercise of the contractor's right to operate in a way that is redirected by the lender, should be agreed by the contractor. Unless the contractor consents, the flow is ineffective.

Article 14. The right to operate in the form of transfer and cross-fertilization shall be transferred by the parties to the district-level administrative authorities for the processing of changes to the original contractor's licence.

Article 15. Removal of proceeds from the swing-out of the original contracting party shall not be permitted by any organization or individual.

Any expenses shall be charged against the swing-out registration of the original contractor.

Article 16 shall establish an information platform for the transfer of authority over the past contractor and make timely publication of information for the transfer of services to both parties.

Article 17 communes (communes) and their grass-root services should conduct legal policy advocacy, price swaps and trans-shipment information, and provide in a timely manner the text of the swing contract to the parties and direct them to enter into a contract in accordance with the law.

Article 18

Other matters are resolved.

The parties are not consulted and can request mediation by the village (grazing) committees, communes (communes).

The parties are reluctant to consult or mediate, and may apply for arbitration to the Dispute Arbitration Commission of the Land (Brivan) or to bring proceedings before the People's Court under the law.

Until the dispute has not been resolved, no party shall change the current status and purpose of the past.

Article 19

The obligation is determined to assume the responsibility for default in accordance with the contractual agreement and the provisions of the relevant laws, regulations.

In violation of article 11 of the present approach, the original swing contract signed was null and void.

In violation of article 12 of this approach, the contractor shall, in accordance with the contractual agreement, require the cessation of the violation by the licensor, the duration of the vegetation or the drawing of the former administrative authority or the former supervisory authority in accordance with the law.

Article 20

For use, sanctions are imposed in accordance with the relevant provisions of the People's Republic of China's Herbry Act.

Article 21, which is subject to the approval of livestock, has been modified by the administrative authorities of the above-mentioned people at the district level, or by the former supervisory authority, for the period of time, and is not reformulated, to be punished in accordance with article 62 of the approach to the application of the Law of the People's Republic of China.

Article 22 Forced by the author and prevented the contractor from carrying out herried contract

In accordance with article 54 of the Rural Land Contracting Act of the People's Republic of China, civil responsibility for cessation of violations, return of raw materials, restoration of status, compensation for damages, etc.

Article 23, Staff of the former administrative authorities and other State organs play a role in the exercise of negligence, abuse of authority, infrastructural fraud, interference, obstruction of the transfer of the original contractor's operating power, and administrative disposition by the unit or the relevant sector is governed by the law.

Article 24 of this approach refers to the use of conversion packages, rents, interchanges, transfers, shares, etc.

The transfer package means that the contractor will transfer part or all of the original contractor's business authority to a certain period of time to other pastorals or individuals within the same collective economic organization for the production of livestock. After the conversion package, the original contractor continued to fulfil its rights and obligations under the original contract. The terms agreed upon by the lender at the time of the transfer are responsible for the transferee.

Taxation means that the contractor will lease some or all of the original contractor's business rights to another person for the production of livestock. After the lease, the original contractor continued to perform the rights and obligations set forth in the original contract. The supplier is responsible for the contractor by the terms agreed upon at the time of the lease.

Interchanges refer to the exchange of contractors belonging to the same collective economic organization in order to facilitate pastoral or their respective needs, and to the exchange of the corresponding swing-in-contracted business rights.

Transfers refer to a stable non-agricultural pastoral occupation by the contractor or a stable source of income, which is requested by the contractor and the licensor, with the consent of the licensor, would allow for the passage to other organizations or individuals engaged in the production of livestock, or for the full loss of the former contractor's original contractor's operating power in the contractor's contract period. A re-established contractual relationship between the licensor and the licensor, the signing of the contract for the operation of the former contractor and the replacement of the certificate by the swing-in-licensor's business certificate.

Shared cooperation refers to the development of a livestock economy between the contractor and the use of pastoral business rights as a unit, voluntary joint work in livestock production, and the contractor's contractor's business right is unchanged.

Article 25

Specific application issues in the implementation of this approach are explained by the authorities of the Provincial People's Government.

Article 27 of this approach is implemented effective 1 March 2012. At the 20th ordinary meeting of the Government of the province, held on 2 August 2001, the approach to the use of the right to abortion in the Blue Sea province was also repealed.