(a) the village or villagers' group set up rural land contractual management right transfer information officer (who can also serve as village accountant), regularly collect rural land transfer supply and demand information, record it in the rural land transfer survey registration form, and report it to the township rural land contractual management right transfer service center before the 28th of each month.
(two) the rural land circulation information officer accepts the technical support of business guidance, qualification examination, business training, information release and so on from the rural land contractual management right circulation service center in towns and villages.
(3) After receiving the audited land transfer information reported by the information officer and other demanders, the service center of rural land contractual management right in villages and towns shall complete the editing and auditing of the information within two working days and release it in time.
(four) the land transfer information received by the rural land contractual management right transfer service center should be reported to the county management department before 30 days of each month, and published on the rural land transfer information website.
(five) the information released by the land transfer contract that has been signed and completed should be deleted on the same day and recorded in the "Rural Land Transfer Information Registration Form".
(six) township rural land contractual management right transfer service center, responsible for providing land contractual management right transfer information, such as information content distortion, false, resulting in greater impact, shall be investigated for the responsibility of the relevant person in charge.
Review system of rural land circulation and use
(1) Rural land circulation should strictly implement the Rural Land Contract Law of People's Republic of China (PRC), document No.8 of the General Office of the Provincial Party Committee [2007] and document No.51of the General Office of the Provincial Government.
(two) the review of land use, mainly to review whether the transferor has the intention to change the agricultural use of the land. Whether the demand side has the ability of agricultural operation and the intention of changing agricultural use.
(three) rural land transfer can only be used for agricultural production, change agricultural use, are not allowed to release land transfer information, are not allowed to sign a land transfer contract.
(four) the implementation of inspection system. Where the land is transferred out, the township rural land transfer service center should send people to conduct regular inspections to supervise whether the transferred land has changed the use of agricultural land.
(five) the implementation of accountability system. Land transfer changes rural use, depending on its responsibility, and the responsibility of the relevant responsible personnel shall be investigated.
Registration and filing system of rural land contractual management right transfer
(a) the contractor and the transferee who have the intention of land transfer may apply to the township and village land transfer service agencies and register.
(II) The employer shall timely record the contractor's demand for transferring the contracted land by subcontracting, leasing or joint-stock cooperation, guide and urge both parties to sign the transfer contract, and report to the township finance office.
(3) The contractor submits a written application for contracted land transfer to the employer by means of transfer or exchange, and the employer agrees to sign a transfer contract, report to the township finance office in time, and cooperate with the relevant change procedures; If the Employer disagrees, it shall explain the reasons to the Contractor within seven days.
(IV) The township finance office shall establish a rural land contractual management right transfer register, timely and accurately record the rural land transfer situation, and timely handle the relevant registration, transfer and exchange of contracted land by subcontracting, leasing and joint-stock cooperation, and timely handle the relevant contracting and land management right change procedures.
(5) The land management right is transferred by way of exchange or transfer, and if a party applies for registration, it shall be accepted by the County Bureau of Agriculture and Economics and handled in accordance with the Measures for the Administration of Rural Land Contracted Management Right Certificate.
(6) If the transferee intends to re-circulate the land, it shall obtain the consent of the original contractor and obtain the land contractual management right by means of transfer or exchange. After registration according to law, the land contract management right certificate can be re-circulated.
Contract management system of rural land contractual management right transfer
(a) the right to contracted management of land can be transferred through subcontracting, leasing, exchange, transfer and joint-stock cooperation. On the basis of consensus, the contractor and the transferee can sign a written circulation contract only after being audited by the township finance office (except for those who have been breeding for less than one year).
(2) Before the signing of the transfer contract, verify the contractor's land contractual management right certificate, understand the transferee's operating conditions and use purposes, review the agency authority of the entrusted agents of both parties, and review the authenticity and legality of the information provided by both parties.
(three) the transfer contract should be complete and standardized, mainly including the name and domicile of the transferor; The area and grade of the transferred land; Circulation mode, duration and starting and ending time; The use, price and payment method of the land; Disposal of above-ground attachments and related facilities after the expiration of circulation and liability for breach of contract.
(four) if the contractor entrusts the employer or an intermediary service organization to transfer the contracted land, the contractor or his written agent shall sign a transfer contract.
(five) the circulation contract uses the contract text format printed by the county rural administration bureau. Sign the land transfer contract in quadruplicate, one for each party, one for the employer and one for the township finance office.
(six) the transfer of both parties to apply for contract verification, you can go to the township finance office for verification.
Mediation system for disputes over the transfer of rural land contractual management rights
(A) the establishment of rural land transfer dispute mediation and arbitration network. The county actively creates conditions for the establishment of the land transfer dispute arbitration committee, the township establishes the land dispute mediation committee focusing on finance and the village-level land transfer dispute mediation leading group, so that the land transfer dispute can be effectively resolved through mediation and arbitration.
(2) For the consultation and dispute visit of incoming calls and letters, we should warmly receive the first questioner. Those who meet the acceptance conditions shall be accepted and recorded in the rural land contract transfer dispute register. Do not belong to the scope of acceptance, make an explanation and reply.
(3) Implement the leadership responsibility system. The leaders in charge of the Party committee and government are responsible for the villages and towns, and the main leaders of the departments of finance, land, forestry and justice participate. The village party secretary or village director is responsible for the participation of village accountants and some representatives of the masses.
(four) the implementation of hierarchical responsibility system. According to the principle of "graded responsibility and territorial management", do a good job in mediation. Disputes over land transfer between farmers should be settled first by both parties through consultation. The village mediation team is responsible for the mediation of land transfer disputes, and the land transfer disputes between villages or farmers and township enterprises and township departments are mediated by townships. If they are unwilling to negotiate or mediation fails, they may apply to the county-level land dispute arbitration committee for arbitration or bring a lawsuit directly to the people's court.
(five) mediation of land transfer disputes, according to laws, regulations and policies, adhere to the principles of democracy, openness, fairness and justice.
(six) if an agreement is reached on the mediation of land transfer disputes, a written mediation agreement shall be signed. The mediation agreement shall specify: ① the basic information of both parties; ② General situation of disputes; (3) A summary of statements and evidence provided by both parties; (four) the facts identified by the parties in the mediation process and the facts recognized by the mediation committee; ⑤ agreement; ⑥ Mediation opinions. Signed by both parties and the mediator, stamped with the seal of the Mediation Committee, sent to both parties, and the Mediation Committee kept a copy for future reference. Evidence collection materials, written mediation agreements and other related materials for mediation of disputes shall be filed and kept permanently.
(seven) before the 5th of each month, the township rural land contract circulation center will report the dispute investigation and mediation to the county economic management bureau.
Verification system of rural land transfer contract
(a) in order to reduce contract disputes and illegal contracts, protect the legitimate rights and interests of the parties, improve the performance rate of the contract, the rural land contractual management right transfer contract can be verified according to the application of the transfer parties.
(two) the contract verification shall be handled by the specialized verification personnel designated by the township finance office. No fees shall be charged for obtaining evidence.
(3) To apply for contract verification, both parties shall apply for contract verification and provide the following materials:
1. The contractor provides the land contractual management right certificate;
2, the township rural land contractual management rights transfer service center for the demand side of the review materials;
3. Qualification certificate of the legal representative who signed the contract or power of attorney of the entrusted agent;
4, secondary circulation, the contractor's consent documents;
5. Other relevant certification materials.
(four) the application materials are complete and conform to the jurisdiction of rural land contract verification, and shall be accepted. If the application materials are incomplete, the parties concerned shall accept them after completing them.
(five) the contract verification shall review the following main contents:
1, whether the contract entity is qualified;
2. Whether the contents of the contract comply with policies, laws and regulations;
3. Whether the parties' expression of will is true;
4. Whether the signatory of the contract has legal status and qualification, and whether the agent's agency behavior is legal and effective;
5. Whether the main terms of the contract are complete, whether the written expression is accurate and whether the procedures are complete.
(six) in any of the following circumstances, it shall not be written off;
1. Unreal and illegal contract;
2. There are defects that can affect the effectiveness of the contract and the parties refuse to correct them;
3. The application materials provided by the parties are incomplete and have not been corrected after being told to make corrections;
4, can not be authenticated immediately, and the parties can not wait;
5. Others that cannot be identified according to law.
(7) If it is necessary to investigate the parties, the subject matter of the contract and other relevant information, it shall be investigated first and then verified. Upon examination, if it meets the verification conditions, it shall be verified.
(eight) the verification contract shall be completed within 3 working days from the date of accepting the verification.