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Jiangsu Province, Transfer Of Rural Land Contracted Management Right Way

Original Language Title: 江苏省农村土地承包经营权流转办法

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(Prelease No. 21 of the People's Government Order No. 21 of 18 December 2003)

Article 1, in order to preserve the legitimate rights and interests of rural land contracting parties, regulate the transfer of land tenure, promote the optimization and rational use of land resources, and develop this approach in line with laws, regulations and regulations such as the People's Republic of China Agriculture Act, the People's Republic of China Rural Land Contracting Act.
Article 2, this approach applies to the flow of land tenure in rural areas within the territorial administration.
Article 3. The transfer of the right to operate in rural land contracting shall take place under the long-term stabilization of the system of operation of household contractors.
Article IV. The right to land contracting through household contracting may be transferred in accordance with the law, by means of a transfer, rent, interchange, transfer, crediting unit or other means.
Rural lands contracted through tendering, auctions, public consultations, which are registered under the law to obtain certificates such as a land contractor's business certificate or a forest certificate, may be transferred by law, rent, crediting, mortgage or other means of movement.
Article 5
The commune of the commune of the commune is responsible for operational guidance and coordination for the transfer of land contracts in rural areas (communes).
Guidance, coordination, supervision and management relating to the transfer of forested land tenure are vested with the forest administration authorities at the district level above. The communes (communes) government forestry administration is responsible for operational guidance and coordination for the transfer of communes (communes).
Article 6
Where conditions exist, land contractors can be created to move into tangible markets.
Article 7. The transfer of the right to operate in rural land shall be guided by the following principles:
(i) Equal consultation, voluntary, remunerated, and no organization or individual shall be forced or obstructed by the contractor to carry out the transfer of the right to operate on land;
(ii) No change in the nature of land ownership and agricultural uses of land;
(iii) The period of relocation shall not exceed the remaining period of the contractor;
(iv) The ability of the recipient to operate in agriculture;
(v) Under the same conditions, members of this collective economic organization have priority.
Where conditions exist, in accordance with the above-mentioned principles, farmers are encouraged to move from land contractors to accelerate agricultural restructuring and to develop scales.
Article 8. The contractor has the right to decide, by law, whether the right to operate in the land is transferred, when and how it is transferred.
The transferee of land tenure is largely a farmer, or is a professional association of agricultural enterprises, business persons or farmers in the territory, or an extension unit for agricultural production, processing or agricultural scientific research.
Article 9. The contractor may transfer parts or all land contractors to a third party within the contractor's time frame or rent to the contractor's contractual relationship with the lender.
Article 10 may be exchanged between the contractor to facilitate crop varieties or their respective needs.
Article 11. Voluntary joint ventures between the contractor can be made into the Land Contracting Authority Unit for agricultural cooperation.
Article 12. The contractor has a stable non-agricultural occupation or a stable source of income and, with the consent of the lender, may transfer all or part of the land contractor's business authority to other farmers engaged in agricultural production, to establish a new contractual relationship with the lender and terminate the contractor's contractual relationship with the contractor.
Article 13. Transfer fees, rents, transfer fees, etc. for land contracting operators should be determined in the light of the principles of real-time, mutual benefit and equal consultation, which can be cash-based, currency-based, or other items agreed upon by both parties, and should be sub-located in the form of tenure. The determination of the freight forwarding price of land contracting over three years of time should take into account the factors of price change and the factors of the contractor's land transformation inputs, and the criteria for compensation should be determined in successive years.
The proceeds of the transfer are owned by the contractor and no organization or individual shall be allowed to remain and deduct.
Article 14 shall enter into a written contract with the parties, in addition to a donation not more than one year, the right to operate on land contracts to adopt a transit package, rent, exchange, transfer or other means.
The land-contracted operation transfer contract shall be submitted by the transferee and the communes (communes) to the Government's rural management authorities. The commune of the commune of the commune of the commune should be able to file the contract file.
Article 15. The owner of the land contractor will be subject to the registration of the collateral by the licensor by means of solicitation, auction or public consultation.
Article 16, during the contractor, the lender shall not unilaterally terminate the contract and shall not be subject to the waiver or modification of the right to operate by the majority of the compulsion of the contractor and shall not be subject to tendering on the basis of the delineation of the field of rations and the “responsibility field” and shall not recover the contractor's arrears.
The communes (communes), the village collective economic organization or the Village People's Committee shall not be forced to renovate their farms without the consent of the contractor's farmers.
Article 17 The transferee of the land contract shall be entitled, in accordance with the agreement of the contract, to fulfil its obligations without undue change or to lift the contract.
In one of the following cases, the transfer of the right to operate is null and void:
(i) Violations of the mandatory provisions of the law, administrative regulations;
(ii) A malicious collation that undermines the interests of States, groups or thirds;
(iii) The transfer of spontaneously by law, with the consent of the lender;
(iv) Forced contractors to carry out swing;
(v) Changes in land agricultural use.
The parties of the movable party resort to fraud, coercion, etc., in order to enable the parties to enter into a transfer contract in the event of a breach of the true will, the injured party has the right to request, in accordance with the law, changes in the People's Court or the local land contractor arbitration body or to withdraw.
Article 19, as a result of the transfer of disputes by land contracting operators, the parties may, through consultation, apply for mediation to villagers committees, communes (communes) or rural operators.
The parties are not willing to consult, mediate or consult, mediation does not exist and may apply for arbitration to the rural land contractor's arbitration body or directly to the People's Court.
Article 20 consists of one of the following acts: civil responsibility, such as cessation of violations, return of raw materials, restitution, exclusion of prejudice, elimination of dangerous and compensatory losses:
(i) Forced or obstructed the transfer of land-contracted operators by the contractor;
(ii) The transfer of land-contracted business rights by a small number of disobeys to the majority of forced contractors to renounce or change their land tenure;
(iii) Removal of tendering contractors on the basis of the division of “ rations field” and “responsibility field”;
(iv) Remove the outstanding amount on the contractor's basis;
(v) Other violations against the right to operate in land contracting.
Article 21, any organization and person who has taken charge of spontaneousing, deducting the proceeds of the transfer of land contracts, shall be returned.
Article 22 of the Convention on the Elimination of All Forms of Discrimination against Women
Article 23 imposes on any organization or individual to use its mandate and impedes the transfer of the contractor's right to operate in the area of land contracting, causing losses to the contractor, and should assume responsibility for damages, such as damages; in the case of serious circumstances, administrative disposition by the superior body or the unit of the institution directly responsible; and criminal liability by law.
Article 24, the Government of the city, the people of the district, may develop specific implementation observations in accordance with this approach.
Article 25