Key Benefits:
(Adopted by the 86th Standing Committee of the People's Government of the Sichuan Province on 26 December 2002, No. 70-1 of the Order of the Provincial People's Government issued effective 1 March 2003) The Government of the people of the Sichuan Province has decided to amend the Banguan Province's scheme as follows: Delete Article 19, Article 24, “Regional Administration”, and delete article 39, “and regional administration”. Delete Article 22, subparagraph (v), “and pay for collective retention, integration” under the law to collective economic organizations”; delete “or do not pay collective reserves and expenses to collective economic organizations”. This decision was implemented effective 1 March 2003. The Sichuan Province's Zhibon contract scheme was re-issued in accordance with this decision. Annex: Bichuan-Shiany contract (Amendment of this year 2003) (Adopted by the Government of the Sichuan Province at its 43rd ordinary meeting, on 12 September 1995, No. 70 of the Order of the Provincial People's Government, pursuant to the decision of the 86th ordinary meeting of the Government of the Sichuan Province on the revision of the scheme of contract for the Banguan Province [Amendment No. 70-1 of the Order of the Provincial Government] Chapter I General Article 1 establishes this approach in accordance with the laws, regulations and regulations of the People's Republic of China and the Rules for the Implementation of the Law of the People's Republic of China. All herths used for all herths and for the long-term fixed use of the population in the administrative region of Article 4 Sichuan Province (hereinafter referred to as herdings), are subject to the contractor's operational responsibility under this scheme. Heralths and natural protected areas used by forces, schools, tetanus, State forest sites, State-owned sensitivities are not applicable. Article 3. Article IV. Governments at all levels should strengthen their leadership in the contraction. The authorities of the pastoral industry at the district level are responsible for the management of the pastoral contract within the current administration area, and the Government of the commune (communes) is responsible for the management of the original contract of the Territory. Article 5 is in accordance with the law of all national surfaces, land resources and other hidings, and does not change their national ownership by virtue of her contract. Chapter II Article 6. The original contract should balance economic benefits, social benefits and eco-efficiency, rationalize planning, grass-roots livestock and promote the construction, protection and rational use of her country. Article 7 bis. It should facilitate the implementation of the settlement of pastures and the integrated construction of livestock farming to facilitate the production, livelihood of pastoralists. The pastories contracted by each household should be relatively concentrated and there should be nomadic, water point, and place of public use. Article 8. The original contract is governed by a contract by a household to be contracted by a unit or a natural village. The herbicide base, the winter grasslands could be contracted to the household; the summerbn could be contracted to the household or to the consortium, or to the natural village on the basis of local realities. Article 9. In the case of a swing contract, the licensor may assign the appropriate number of herths to the commune unit and the rural residential school, or a 3% of herths, which are co-located by the lender or used as a mediator. Article 10 delineates the principle of the contractor's contractor's contractor's area of herbicide, which should be accompanied by population and livestock; the number of people and livestock at the time of the livestock discount is dominated and the number of existing population and livestock is supported. The obligations of active military personnel, the various classes of school students, correctional detainees, temple religious personnel, should be taken into account in the contractor's population. Article 11, when it was contracted, should determine the scope of heralth use in the district, communes (communes), villages, communes (groups) to delineate herals on a case-by-case basis and to compile maps for registration. Article 12 encourages the development of sex contracts or tendering in such form as auction rights. In the case of pastoral contractors, no deduction was made to the contractor base for other herders. Chapter III Obligations of the sending and contracting parties Article 13 states that the Government of the communes (communes) is a lender, unit or individual. Article 14. The proponents shall provide guidance to the contractor's production operation in accordance with the provisions of the original contract, monitor the contractor's past protection, construction and reasonable use, and provide the contractor with the necessary productive services to defend its legitimate rights and interests. Article 15. The contractor has the right to ownership of the production of her husbandry by law and to ownership of the production results, the economic gains, the right to receive State and collective funding for the construction of herbaths, which may be required to protect and claim against the injured party when the contractor's business right is violated. Article 16 must be reasonably used and protected by the contractor in accordance with the provisions of the contract of the pastor, subject to the supervision of the institutions of the pastor, the protection of public facilities and facilities, symbols, and payment of taxes, fees under the law. Article 17 The contractor shall pay the royalties to the proponent, which shall be charged by the author at the end of the year. The royalties are included in the Patriotic Fund of the People's Government, which is stored by the treasury, which is specifically used in the capital master plan, with a focus on the construction of the winter springs, and no unit, individual must be reconciled and diverted. Article 18 Contracting sandification, degradation, ratification, beaches and undeveloped grassland, and remote mountains in the mountainous areas of the basin week, free of the royalties for herbs over five years. It is difficult for the military, maiming, special hardship and other payment of heralth royalties, with the consent of the lender, to make appropriate relief for herbath. Article 19 Heralth royalties are collected on a daily basis at 0.05-0.20 per standard of herbath quality, with a specific collection standard determined by the city, the State's people. The use of royalties is managed by the provincial pastoral administrative authorities. Article 20 Payments of royalties must be made regularly available to the public and subject to the supervision of the financial and auditing sectors. Chapter IV Article 21, Contracting to operate herbby, must enter into a contract with the contractor in accordance with the law and clarify the rights and obligations of both parties. Article 2 (i) The name of the proponent, the name of the representative and the contractor; (ii) The location, area and quality of the contractor's grassland; (iii) The production conditions and services projects to be provided by the proponents; (iv) Use, protection and livestock of herders; (v) The royalties to be paid by the contractor; (vi) The duration of the contract and the conditions for the termination of the contract of the original contractor; (vii) Liability for default; (viii) Other elements agreed upon by the parties. Article 23, in accordance with the original contract signed under this scheme, has the legal effect that the parties must strictly perform and that any party may not afford to change or disband. Article 24 bis. After the signing of the contract by law, the use of herbath was issued by the Principality Government. Heralds were used, heralds were registered, and the book on contracts was harmonized by the provincial pastoral administrative authorities, which were produced by the municipalities and state governments. Article 25 has one of the following cases, and the original contract is invalid: (i) Violations of national laws, regulations; (ii) Damage to the interests of States, groups or others; (iii) Absorption kits; (iv) The use of fraud and coercion. The law was confirmed as an ineffective contract for herbicide, which was not legally binding upon the date of the conclusion. Chapter V Article 26 has one of the following conditions allowing for changes and the lifting of the original contract: (i) The interests of States, groups and others are not compromised by consensus among the parties; (ii) As a result of force majeure, such as natural disasters, the contract cannot be fully performed; (iii) In breach of a breach by one party, it would not be possible to continue the contract of the original contractor; (iv) Abject to a contract is used by the State or has recovered the right to use; (v) The plundering, degradation, water loss caused by the plundering of grassland or by overgrazing, is still not subject to governance. Article 27 agreed by the parties to modify or remove the original contract, a written agreement should be concluded, with the signature of the parties and the incorporation of a chapter of the company's branch, which is subject to a chapter of the unit. Until the agreement entered into force, the original contract was still in force. Article 28, within the time frame of the swing contract agreement, may, with the consent of the proponent, transfer the contractor to the third party the contractor's former or all parts of the contractor. After the contractor's determination of the transfer package with third parties, the contractor and the lender have no obligation to determine the rights and obligations of the contractor on the basis of the original contract. Article 29, in one of the following cases, terminates the contract: (i) The decision of the People's Court to terminate the contract of the original contract; (ii) The parties agreed, in consultation with the parties, to terminate the contract of the original contract without prejudice to the interests of the State, the collective and others; (iii) The loss of the contractor and the non-returnor continued to contract. Article 33 has been merged and divided by a changeed party to assume its obligations under the original contract, enjoy the rights set forth in the contract and notify the other party in a timely manner. After the conclusion of the original contract, no change or dismissal is due to changes in the agent's representative. Chapter VI Obligations for default and dispute-treatment of past contracts Article 32, due to the fault of the party, creates that the contract of the swing contract cannot be performed or cannot be fully performed, and that the wrong party assumes responsibility for default in accordance with the law or the agreement of the contract; the parties have mistaken responsibility for default. Article 33 contains one of the following acts, paying for default and damages in accordance with the agreement of the original contract: (i) To provide the necessary conditions for the operation of production in accordance with the provisions of the swing contract; (ii) Illegal interference in the normal production of contractors resulting in economic losses; (iii) Removal or dismissal of original contracts; (iv) Other violations. Article XXX contains one of the following acts by the contractor, paying for default and damages in accordance with the agreement of the original contract: (i) No royalties shall be paid in accordance with the agreement of the original contract; (ii) Removal, transfer, renting the right to use of herbaths by unauthorized change or dismissal of the original contract; (iii) Explanatory operations or over-grazing of pastures, resulting in polarization, degradation, soil erosion; (iv) Other violations. Article 33XV does not assume the responsibility for default when a party is unable to perform or fail to fully perform its contract for the reasons of force majeure, but it should be informed by the parties in a timely manner that, by consensus, it may extend, partially perform or fail to perform. Article XVI of the parties' contract disputes should be resolved in a timely manner. There is no consultation that can apply for mediation to district pastoral administrative authorities or may be brought directly to the People's Court by law. Article 37 does not stop the contract's performance when the parties to the contract apply for mediation or proceedings. The party's application for the cessation of implementation is permitted by the People's Court. Chapter VII The specific application of this approach is explained by the administrative authorities of the pastoral industry. Article 39, the State's Government may develop a means of implementation based on actual needs. Article 40 |
