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Guangzhou Rural Collective Assets Management Approach

Original Language Title: 广州市农村集体资产交易管理办法

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Chapter I

Article 1 regulates the collective asset transactions in rural areas in this city, ensures that the trading process is open, fair, fair and fair, strengthens rural grass-roots integrity, protects the legitimate rights and interests of members of the rural collective economic organization and promotes rural economic development, in accordance with the provisions of the Law of the People's Republic of China, the Regulations on the Management of Rural Assets in the Province of Broad Orientale, the provisions on the management of the Collective Economic Organization for Rural Affairs in the Province of Broad Orientale.

The second approach refers to rural collective economic organizations (hereinafter referred to as rural groups) that are the former communes, the production squatters, the construction of the production team, the reformed, restructured and restructured cooperative economic organizations, including the Economic Association, the Economic Cooperation and Sharehold Cooperation Economics, the Economic Cooperation Organization and its economic entities.

This approach refers to transactions involving the payment of collective assets in rural areas, rental, transfer, and use of the rural collective asset discount unit, cooperation-building.

Article 3.

The collective assets of rural areas referred to in this approach include:

(i) The law provides for the collective building of land rights, including economic development, place of public facilities, place of residence, etc., which belongs to rural communities;

(ii) All forests and forests belonging to rural communities;

(iii) The construction of buildings, constructions and various forms of cooperation in rural areas, as well as the acquisition of transport tools, machinery, electrical equipment, agro-ground water facilities and facilities such as education, culture, health, sports;

(iv) All affordable securities and claims across rural communities;

(v) The share of assets owned by rural groups and enterprises or other organizations, individuals in accordance with agreements and actual funding;

(vi) Rural communities collectively receive the State's non-reimbursable allocation and other economic organizations, social groups and individuals to fund, donation assets;

(vii) All non-physical assets, such as trademark rights, patent rights, the right to work;

(viii) The right to operate in rural collective enterprises;

(ix) Other assets that are collectively owned or operated by rural communities under the law.

The State's investment-building and the use of public goods that are traditionally administered by rural communities are not covered by the local collective assets listed in the previous paragraph.

Rural groups should clean up and set up their own assets and conduct annual inventories.

Article 5

Chapter II Working bodies and their responsibilities

Article 6 municipal agricultural administrations are responsible for the integration, coordination and guidance of the management of collective asset transactions across the city and to organize this approach.

The people of the region are responsible for guiding and overseeing the management of collective asset transactions in rural areas within the territory, and for the establishment of a regulatory platform for the collective asset transaction services in rural areas and for the informationization of rural assets.

The Town People's Government, the Street Office is responsible for assisting the Government of the People of the Region and its relevant functional departments in the management of the management of the management of the collective asset transactions in rural areas, providing guidance to the rural community in the area for asset clearance, desktop establishment and annual inventories, and organizing rural collective assets into transaction services.

The institutions designated by the Land Administration in Article 7 or by the Government of the People of the Region, the town ( Street) agricultural administration or the Government of the Town (Roman Office) are the management body responsible for the collective asset transactions in rural areas within the Territory.

(i) To monitor the integration of collective asset transactions into the rural collective asset information management platform and to regulate the use of the rural collective asset information management platform;

(ii) To guide rural collective trading requests;

(iii) Oversight of the process of transactions and the signing, modification of contracts;

(iv) Supervision, demonstration of trading requests prior to the expiration of the contract;

(v) Supervision of information on collective asset transactions in rural areas;

(vi) Investigation of complaints in the course of dealing with transactions.

The Government of the people of Article 8 may establish a unit of rural collective asset transaction services in the Territory or establish a rural collective asset transaction service in accordance with the actual division of the Territory. The transaction services are a specialized service platform for collective asset transactions in rural areas and perform the following duties:

(i) Provide the place of collective asset transactions in rural areas;

(ii) Harmonization of information on collective asset transactions in rural areas;

(iii) Accreditation counsellors and posters to review the qualifications of the complicants;

(iv) Organizing transactions in accordance with the provisions;

(v) Guidance for the conclusion of the transaction contract;

(vi) Maintain information files, such as the management of collective asset transactions in rural areas and the record of transaction activities;

(vii) The filing of contracts for collective asset transactions in rural areas;

(viii) Record the integrity of the subject matter of the transaction.

The transaction services do not assume legal responsibility for the quality of the natural collective assets of the rural transaction, the defect of power and the risks of contract default.

The Government of the people of Article 9 shall, in accordance with local practice, have a fixed place for the security sector, town ( Street) trading services, with dedicated staff, and operational requirements are included in the financial budget at all levels. The people of the region may establish an Internet transaction platform, based on actual needs.

Rural Collective Transaction services are composed of village (the Council, the Board), the Democratic Property Control Team (Country of Cassation), the members of the Village Supervisory Committee, and the chief of the village (Chief, Director of Director).

Article 10. Rural groups should incorporate into the rural collective asset information management platform, in line with the relevant provisions of the Public Regulations of Villages in Broad Orientale Province, the establishment of collective assets and economic contract desks, the incorporation of collective asset transactions and related economic contracts, the financial and balance of payments into the rural collective asset information management platform and the dynamic management of collective assets.

Chapter III Transactions

Article 11. Rural collective assets should be traded by trading services at the location of the rural collective economic organization. Specific criteria such as the amount, size, duration, etc. of collective assets transaction transactions in the area of entry, town ( Street), village (connection) trading services are determined by the Government of the communes themselves, which severely excludes collective assets from secession, integration into a zero-to-size transaction.

Major asset transactions, such as community-building in rural areas, should be carried out through sector-level transaction services located in the land or by public resource transaction centres in the State.

Article 12 Rural collective assets should be treated in an open manner.

A project in line with one of the following circumstances may not be openly competitive:

(i) Development of public interest projects such as kindergartens, nursing homes, community policing services;

(ii) Government investment and public infrastructure-building projects in economic relations with rural communities;

(iii) Two consecutive projects that have not been successful in dealing with open competitive transactions;

(iv) Project construction of collective assets other than collective capital use.

In the absence of an open and competitive approach, the town ( Street) transaction management was reviewed by the rural community, with the approval of the Town People's Government, the Street Office for the post-partment of Agricultural Administration, and with the approval of the General Assembly or the Delegates' Conference, other modalities could be taken for consultation.

Rural collective asset transactions conducted in an open and competitive manner should be governed by the following rules of engagement:

(i) Only one competing investor may not be less than the price;

(ii) More than two competing negotiators are delivered in a manner that is high. For special reasons, there is a need to be made in a way that is external to the high price and to determine, on the basis of the actual situation in the region, the applicable circumstances;

(iii) In the same context as price conditions, the members of the Collective Economic Organization of the Rural Region, the former tenants, etc., are given priority to competing negotiators who have agreed to have priority. At the same time, there are more than two priority priorities, with legal priorities being first; priority sequences cannot be identified to identify competing claimants by drawing lots.

Chapter IV Transactions process

Prior to the public transaction of collective assets in rural areas, the interest of the transaction should be declared to the urban (farm) trading authorities. The transaction management shall provide guidance in accordance with regional industrial development planning, environmental requirements, in the light of the industry, categories and characteristics of the project covered by the trade interest.

Article 15. Rural groups shall prepare trading programmes after the completion of the registration of the trade interest and shall vote on the trading programme in accordance with the tier democracy decision-making system. The trading programme should include the following:

(i) Detailed information on assets;

(ii) Modalities of transactions and terms of eligibility of competing negotiators;

(iii) The transactional price and the incremental increase;

(iv) The amount of the transaction bond;

(v) The duration of the contract and the amount of the performance bond;

(vi) Removal responsibility.

Rural groups may make trading floors based on market prices, but the legal, regulatory provisions stipulate that asset assessment is necessary and that the transactional price should be determined in accordance with the results of the asset assessment.

Article 16 Rural groups should submit the following information to the town ( Street) transaction management within 180 days of the adoption of a democratic vote, more than 180 days, and a democratic vote must be taken:

(i) The transaction programme adopted by a democratic vote, the list of all members of the rural community, the list of the members participating in the voting and the forms of signature and voting;

(ii) Registration of intentions of the transaction, requests for transactions and requests for information dissemination;

(iii) The identity of the legal representative;

(iv) The material of the mark's title;

(v) Contract samples.

The town ( Street) transaction management shall complete the review within five working days after receipt of the information, identify the transaction services in accordance with the standards established by this provision and the people of the region and transmit the information to the institution.

Article 17 provides a full picture of transaction services that should be published within five working days of the receipt of information in rural integrity in the city of Hiroshima, the Rural Collective Asset Exchange Platform and other government-mandated platform websites and trade services.

Rural communities should publish trade announcements at the same time in the public columns of the village and the location of the mark.

Trade announcements should include the following:

(i) Basic circumstances of the project;

(ii) The transactional price;

(iii) Competitive conditions;

(iv) Times, venues and modalities for reporting;

(v) The amount of the transaction bond and the means of delivery;

(vi) transaction time, place and manner;

(vii) Modalities and means of communication;

(viii) Other content requiring a notice.

Article 18 transaction announcements should be fixed at a lower level of not less than 7 working days, with a larger amount not less than 20 days, with a huge amount not less than 60 days, and the specific criteria being developed by the Government of the People of the Region in accordance with this area. A transaction application or a change in the content of a notice shall be subject to a written request from a trading service provider prior to the closure of three working days, with the consent of the party to withdraw, change announcements.

Article 19 competing negotiators shall submit to the transaction services, at the request of the notice of the transaction, an information sheets to the transaction service and the authenticity and integrity of the information presented.

The trading services should recognize and inform the findings of the qualifications of the bidders.

Article 20 trading services should organize transactions in accordance with the specific trading rules developed by the people of the region.

After the completion of the transaction, the trading service agencies should organize a written confirmation of the results of the transaction by the rural collective and competing owner sites, as well as an indication of the results of the transaction at the public platform for rural integrity information in the city of Hiroshima, the rural collective asset transaction platform website, the transaction service agency's bulletin, and the rural community should also be displayed in the public columns of village administration, the location of the mark. There shall be no less than five working days. The results of the transaction should include the following:

(i) The name and profile of the transaction project;

(ii) Competent;

(iii) transaction time and transaction prices;

(iv) The duration of the demonstration;

(v) The manner in which complaints are admissible and communicated.

Within five working days of the end of the twenty-first demonstration, rural groups and competings should enter into contracts at the designated premises of the transaction services. For competing reasons, no contract was signed with the rural community, which was considered to be abandoned and the transaction bonds were dealt with under the trading rules.

Following the contract concluded in article 22, the transaction service agency should collate relevant information on the transaction project, archiving and recording the relevant circumstances in a timely manner into the rural collective asset information management platform.

Article 23 does not competing, competing or transaction failures, and the rural community can apply for re-issuing of trade announcements without changing transaction conditions. Changes in transaction conditions should be made in accordance with the provisions of this approach.

Chapter V

The Government of the people of Article 24 should incorporate the rural collective asset information management platform into rural integrity early warning systems, conduct real-time early warning, real-time analysis and real-time regulation.

The Government of the people of Article 25 and the street offices should incorporate the management of collective asset transactions in rural areas into their annual performance appraisals as a basis for the award of members of the Commission (Council, Board of Trustees).

The Article 26 transaction management, the trading services body should keep the credits of asset transactions, contract performance and inform the district agricultural administrative authorities.

Sectoral agricultural administrations should establish credit evaluation mechanisms to invest in poor credit evaluation and inform transaction services that limit their participation in competition.

When Article 27 deals with collective assets in rural areas, the Rural Collective Villages (Council, Board of Trustees), the Democratic Property Control Group (Country of Cassation), the Village Council, should be assigned to the field witness supervision.

The Democratic Property Regulatory Group (CEB), the Village Council (MCC) found violations or received complaints and reports that should be reported to the transaction management authorities in a timely manner.

In the course of the transaction, as one of the following special circumstances leads to a lack of regular transactions, the transaction services may make extensions, suspensions of the transaction decisions and make a notice within two working days:

(i) The absence of a normal transaction due to force majeure;

(ii) The third party contests this transaction and maintains evidence;

(iii) Competent negotiators have suspicions such as false, collusion, bribery, extortion, threat of others, and need to be investigated;

(iv) Other special circumstances that lead to a transaction that cannot be normalized.

Twenty-ninth competitionrs should submit an investment bond to the transaction services in accordance with the transaction announcement. A guarantee would only be involved in a competing transaction.

Competent negotiators have not been successful, and a one-time return within five working days of the end of the transaction.

Competent negotiators have been successful, return in full for a one-time period of five working days after the contract was signed or converted to the contract performance bonds in accordance with the notice.

Article 31 Agricultural administrative authorities, transaction management agencies or inspection departments receive complaints, reports of transactions violations, which should be promptly received and addressed in accordance with the relevant provisions.

Chapter VI Legal responsibility

Article 31 of the rural collective concern violates this approach by assigning a corresponding liability under the law, in the light of the gravity of the act, by giving a compelling order to correct, inform criticism, deduct or pay or perform awards, recommend dismissal, etc.; by giving the collective economy a result of losses; by virtue of the law; and constituting a crime and by bringing criminal responsibility to justice.

(i) No public transaction by the trading service provider under this scheme;

(ii) Distinction of the amount, area, duration, etc. of the mark in order to circumvent the open transaction of the transaction services at the highest level;

(iii) The existence of concealment of facts and the provision of false information in the trading process;

(iv) Non-implementation of democratic voting procedures as prescribed;

(v) disrupt the transaction order and affect the normal conduct of the transaction;

(vi) No contract shall be concluded after the transaction;

(vii) The intentional creation of obstacles to non-performance of contracts;

(viii) There are bribery and bribery;

(ix) Other acts that affect transactions in an open, fair and fair manner.

Article 32, Sectoral Agricultural Administration authorities, the relevant staff of the transaction management body, in violation of the provisions of this approach, is not performed or incorrectly discharged by law; constitutes an offence punishable by law.

In violation of this approach by the staff of the 33-third trading services, abuse of their functions, non-performance or failure to perform their duties in a manner that would be treated by their administrative authorities, with deductions, resignations, accountability, disposition, etc., causing economic losses, and liability under the law, which constitutes a crime, and criminal liability under the law.

Article 34 competing negotiators, competing negotiators and competing claimants violate the provisions of this approach and assume their legal responsibilities in accordance with the law in cases such as false, collusion, bribery, extortion, threat to others.

Article 33 15, in the course of the implementation of the rural collective asset transaction contract, may be resolved on the basis of the contractual agreement; there is no agreement to bring proceedings before the People's Court in accordance with the law.

Chapter VII

The Government of the people of Article 36 shall, in accordance with this approach, incorporate into practice local trade management rules, trade rules, etc., and report on municipal agricultural administrative authorities.

Article 37 is implemented effective 1 June 2015.