Article 1 In order to regulate the circulation of rural land management rights (hereinafter referred to as land management rights), protect the legitimate rights and interests of the parties involved in the circulation, accelerate the modernization of agriculture and rural areas, and maintain the harmony and stability of rural society, these Measures are formulated in accordance with the Rural Land Contract Law of People's Republic of China (PRC) and other laws and relevant regulations.
Article 2 The transfer of land management rights shall adhere to the basic system of collective ownership of rural land by farmers and contracted management by farmers' families, keep the contract relationship of rural land stable for a long time, and follow the principles of legality, voluntariness and compensation. No organization or individual may force or hinder the contractor from transferring the land management right.
Article 3 The transfer of land management right shall not harm the legitimate rights and interests of rural collective economic organizations and interested parties, nor shall it harm the comprehensive agricultural production capacity and agricultural ecological environment, nor shall it change the ownership nature and agricultural use of contracted land, ensure the priority of farmland agriculture and grain production, and prevent farmland from being "non-agricultural" or "non-grain".
Article 4 The transfer of land management rights shall be carried out according to local conditions and step by step, and the degree of transfer, concentration and scale operation shall be well grasped. The scale of transfer should be adapted to the urbanization process and the scale of rural labor transfer, to the progress of agricultural science and technology and the improvement of production methods, and to the improvement of agricultural socialization service level. Encourage all localities to establish various forms of risk prevention and guarantee mechanisms for the transfer of land management rights.
Article 5 The Ministry of Agriculture and Rural Affairs shall be responsible for the guidance of the transfer of land management rights and the management of transfer contracts throughout the country.
The competent agricultural and rural departments of the local people's governments at or above the county level shall be responsible for the transfer of land management rights and the management of transfer contracts within their respective administrative areas in accordance with their duties.
The township (town) people's government is responsible for the transfer of land management rights and the management of transfer contracts within their respective administrative areas.
Chapter II Assignment of the Parties
Article 6 During the contract period, the contractor has the right to decide whether the land management right is transferred, as well as the object, method and time limit of the transfer.
Seventh land management rights transfer income belongs to the contractor, and no organization or individual may intercept or withhold it without authorization.
Article 8 Where a contractor voluntarily entrusts the employer or an intermediary organization to transfer the land management right, it shall issue a power of attorney for transfer. The power of attorney shall specify the entrusted matters, authority and time limit, and shall be signed or sealed by the trustor and the trustee.
Without the written authorization of the contractor, no organization or individual has the right to decide the land management right of the transfer contractor in any way.
Article 9 The transferee of land management right transfer shall be an organization or individual with agricultural management ability or qualification. Under the same conditions, members of this collective economic organization enjoy priority.
Article 10 The mode, term, price and specific conditions of land management right transfer shall be determined by both parties through equal consultation. After the expiration of the circulation period, the transferee has the priority to renew the contract under the same conditions.
Article 11 The transferee shall protect the land in accordance with relevant laws and regulations, and it is forbidden to change the agricultural use of the land. Idle and barren cultivated land is prohibited, and it is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine or borrow soil on cultivated land without authorization. It is forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish.
Article 12 Where the transferee re-circulates the acquired land management right and provides financing guarantee to financial institutions, it shall obtain the written consent of the contractor in advance and file it with the employer.
Article 13 With the consent of the contractor, if the transferee invests in improving the soil according to law, building ancillary and supporting facilities for agricultural production, and facilities directly used for crop planting and livestock and poultry breeding in agricultural production, the transferee is entitled to reasonable compensation when the land management right transfer contract expires or does not expire, and the contractor recovers the contracted land in advance according to law. Specific compensation measures can be agreed in the land management right transfer contract or determined by both parties through consultation.
Chapter III Mode of Circulation
Article 14 The contractor may, in accordance with relevant laws and national policies, transfer the land management right by means of leasing (subcontracting) or shareholding.
Lease (subcontracting) means that the contractor leases part or all of the land management right to others to engage in agricultural production and operation.
Shares, refers to the contractor will be part or all of the land management rights in shares at a fixed price, become a company, cooperative economic organizations and other shareholders or members, and used for agricultural production and operation.
Article 15 If the contractor transfers part or all of the land management right by lease (subcontracting), shareholding or other means according to law, the contractual relationship between the contractor and the employer shall remain unchanged, and the rights and obligations of both parties shall remain unchanged.
Article 16 If the contractor voluntarily shares the land management right in the company to develop agricultural industrialization, it may reduce the risk of the contractor by means of preferred shares. When the company is dissolved, its share of land shall be returned to the restoration contractor.
Chapter IV Transfer Contract
Seventeenth the contractor shall sign a written transfer contract with the transferee on the basis of consensus, and file it with the employer.
The contractor may not sign a written contract if he has given the land to others for farming for less than one year.
Article 18 If the contractor entrusts the employer, an intermediary organization or others to transfer the land management right, the transfer contract shall be signed by the contractor or the entrusted party in writing.
Nineteenth land management rights transfer contract generally includes the following contents:
(1) Names, domiciles and contact information of both parties.
(two) the name, boundary, area, quality grade, land type and plot code of the land to be sold.
(3) the time limit and the start and end dates of the circulation;
(4) circulation mode;
(five) the transfer of land use rights;
(six) the rights and obligations of both parties;
(seven) the transfer price or share dividends, as well as the payment method and payment time;
(eight) the disposal of ground attachments and related facilities after the expiration of the contract;
(nine) the ownership of relevant compensation fees when collecting, requisitioning and occupying land according to law;
(10) Liability for breach of contract.
The model text of the land management right transfer contract shall be formulated by the Ministry of Agriculture and Rural Affairs.
Article 20 A contractor shall not unilaterally terminate the land management right transfer contract, except that the transferee has one of the following circumstances:
(1) changing the agricultural use of land without authorization;
(two) abandoned farmland for more than two years;
(3) Causing serious damage to the land or seriously damaging the ecological environment of the land.
(4) Other serious breach of contract.
Under the above circumstances, if the contractor fails to terminate the land management right transfer contract within a reasonable period, the employer has the right to request the termination of the land management right transfer contract.
If the transferee causes damage to the land and the ecological environment of the land, it shall make compensation according to law.
Chapter V Circulation Management
Article 21 If the employer transfers the contractor's land management right, and the transferee transfers the land management right again, and the contractor and the transferee use the land management right as financing guarantee, they shall handle the filing and report to the rural land contract management department of the township (town) people's government.
Twenty-second township (town) people's government rural land contract management department shall provide a unified text format of the transfer contract to both parties who have reached the intention of transfer, and guide the signing. If there is any violation of laws and regulations in the circulation contract, it shall be corrected in time.
Article 23 The rural land contract management department of the township (town) people's government shall establish a ledger of land management right transfer, and timely and accurately record the transfer situation.
Twenty-fourth township (town) people's government rural land contract management department shall file the relevant documents, materials and transfer contracts for the transfer of land management rights and keep them properly.
Twenty-fifth to encourage the establishment of land management rights transfer market or rural property rights trading market. The competent departments of agriculture and rural areas (rural management) of the local people's governments at or above the county level shall strengthen business guidance, urge them to establish and improve operating rules, and standardize services such as policy consultation, information release, contract signing, transaction verification, right evaluation, financing guarantee, and file management.
Article 26 The competent agricultural and rural (rural management) departments of local people's governments at or above the county level shall, in accordance with unified standards and technical specifications, establish an interconnected information application platform for rural land contracting among countries, provinces, cities and counties, improve the online contract signing system for land management right transfer, and improve the standardization and information management level of land management right transfer.
Twenty-seventh local people's governments at or above the county level shall strengthen the guidance of the rural land contract management department of the township (town) people's government. The rural land contract management department of the township (town) people's government shall guide and manage the transfer of land management rights according to law.
Twenty-eighth local people's governments at or above the county level shall strengthen services and encourage the transferee to develop grain production; Encourage and guide industrial and commercial enterprises (including legal persons, unincorporated organizations or natural persons) and other social capital to develop modern breeding industry suitable for enterprise management.
The agricultural and rural administrative departments of the local people's governments at or above the county level shall, according to the natural economic conditions, the transfer of rural labor force, the level of agricultural mechanization and other factors, guide the transferee to develop moderate-scale operations and prevent large-scale enterprises.
Twenty-ninth local people's governments at or above the county level shall establish a grading qualification examination and project audit system for industrial and commercial enterprises and other social capital transfer land management rights. The general procedure for review is as follows:
(1) The transferee and the contractor shall negotiate on the circulation area, time limit and price. And sign a transfer intention agreement. Involving collective land and other collective resources that have not been contracted to households, it shall be agreed by more than two-thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two-thirds of the villagers' representatives in accordance with legal procedures, and an agreement on circulation intention shall be signed with the collective economic organization.
(II) The transferee shall apply to the rural land contract management department of the township (town) people's government or the agricultural and rural management department of the local people's government at or above the county level in accordance with the provisions of grading examination and audit, and submit the transfer intention agreement, agricultural management ability or qualification certificate, transfer project planning and other related materials.
(3) Local people's governments at or above the county level or township (town) people's governments shall organize relevant functional departments, representatives of rural collective economic organizations, farmers' representatives and experts. Review the land use, the transferee's agricultural management ability, and whether the business projects are in line with the grain production industry planning. Accept it according to law, and make a review opinion within 20 working days from the date of acceptance.
(four) after examination and approval, the transferee and the contractor signed a contract for the transfer of land management rights. If the application for examination and approval is not submitted or the examination and approval is not passed, the land management right shall not be transferred.
Thirtieth local people's governments at or above the county level shall establish a risk prevention system for industrial and commercial enterprises and other social capital to obtain land management rights through circulation, strengthen supervision during and after the event, and promptly investigate and correct illegal acts.
Encourage contractors and transferees to publicly trade in the land management right transfer market or the rural property right trading market.
The whole village (group) land management rights transfer area is large, involving many farmers, high risk projects, the two sides can negotiate to set up a risk deposit.
Encourage insurance institutions to provide various forms of insurance services such as performance guarantee insurance for the transfer of land management rights.
Thirty-first rural collective economic organizations to provide services for industrial and commercial enterprises and other social capital transfer of land management rights, can charge an appropriate amount of management fees. The amount and method of collecting management fees shall be determined by social capital such as rural collective economic organizations, contractors and industrial and commercial enterprises through consultation. Management fees should be included in the accounting and financial management of rural collective economic organizations, mainly used for farmland capital construction or other public welfare expenditures.
Thirty-second local people's governments at or above the county level may, in accordance with these measures, formulate detailed rules for the implementation of qualification examination, project audit and risk prevention for industrial and commercial enterprises and other social capital to obtain land management rights through circulation.
Thirty-third disputes or disputes over the transfer of land management rights, the parties can be resolved through consultation, can also request the villagers' committee and the township (town) people's government for mediation.
If the parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or bring a lawsuit directly to the people's court.
Chapter VI Supplementary Provisions
Article 34 The term "rural land" as mentioned in these Measures refers to cultivated land collectively owned by farmers and owned by the state and other land used for agriculture, except woodland and grassland.
The term "circulation of rural land management right" as mentioned in these Measures refers to the act of the contractor handing over part or all of the land management right to others for independent agricultural production and operation within a certain period of time under the premise that the contract relationship of the contractor and the employer remains unchanged.
Article 35 Where rural land such as barren hills, gullies, hills and beaches is contracted by means of bidding, auction and public consultation, and the ownership certificate is obtained through legal registration, the land management right may be transferred, and the transfer management shall be implemented with reference to these Measures.
Article 36 These Measures shall come into force as of March 6, 20265438 +0. The Measures for the Administration of the Circulation of Rural Land Contracted Management Right (Order No.47 of the Ministry of Agriculture) issued by the Ministry of Agriculture on June 5, 2005+10/9 shall be abolished at the same time.
Legal basis:
Regulations for the implementation of the measures for the administration of rural land circulation
Article 2 The transfer of land management rights shall adhere to the basic system of collective ownership of rural land by farmers and contracted management by farmers' families, keep the contract relationship of rural land stable for a long time, and follow the principles of legality, voluntariness and compensation. No organization or individual may force or hinder the contractor from transferring the land management right.