Regulations of Hebei Province on the Administration of Agricultural Contract

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the provisions of the Constitution and relevant laws and regulations, combined with the actual situation of this province, in order to stabilize the rural household contract responsibility system, improve the two-tier management system combining unified management with separate management, strengthen the management of agricultural contract, maintain the rural economic order and protect the legitimate rights and interests of agricultural contracting parties. Article 2 An agricultural contract refers to an agreement between a rural collective economic organization or a villagers' committee and a contractor to stipulate the rights and obligations of both parties and implement the responsibility for production and operation. Article 3 These Regulations shall apply to agricultural contracts such as cultivated land, orchards, woodlands, grasslands, wasteland, mountains, beaches, water surfaces, agricultural machinery and small water conservancy facilities signed by provincial agricultural collective economic organizations or villagers' committees and contractors. Article 4 The conclusion of agricultural contracts must abide by laws and regulations, give consideration to the interests of the state, collectives and individuals, and adhere to the principles of openness, justice, equality and mutual benefit, and consensus through consultation. Fifth administrative departments of agriculture of the people's governments at or above the county level shall be responsible for the management of agricultural contracts. The administrative departments of forestry, animal husbandry, aquatic products and water shall manage the agricultural contracts related to this industry in accordance with the responsibilities determined by the people's government at the same level. Departments that manage agricultural contracts at all levels are collectively referred to as agricultural contract management organs.

The people's governments at the township level shall be responsible for the management of agricultural contracts within their respective administrative areas. Sixth agricultural contract management organs at all levels are responsible for: implementing agricultural contract laws, regulations and national policies; Guiding the signing of agricultural contracts; Supervise the performance of agricultural contract; Training agricultural contract managers.

In addition to performing the above duties, the people's governments at the township level are also responsible for the verification of agricultural contracts, file management and mediation of agricultural contract disputes. Seventh people's governments at the county level shall organize relevant departments to set up an agricultural contract arbitration committee, which shall be responsible for mediation and arbitration of agricultural contract disputes. Chapter II Contracting and Contracting Article 8 Township and village agricultural collective economic organizations are the contractors of collectively owned resources and assets of the organization and state-owned resources that have obtained the right to use according to law. Article 9 Projects contracted by agricultural collective economic organizations shall first be contracted by members of the organization, which may be contracted collectively, by families or individuals, or by families or individuals in partnership. With the consent of the members' assembly or congress of the agricultural collective economic organization, it may also be contracted by units or individuals outside the organization. Article 10 The items and methods of contracting, as well as the forms, indicators and duration of contracting, shall be discussed and decided by the members' assembly or congress of the agricultural collective economic organization.

Professional contracting projects and development projects subject to public bidding shall be announced before the tender 10. No unit or individual may monopolize contracting or use power to depress contracting targets. Eleventh village agricultural collective economic organizations are not perfect, and the resources and assets owned by the collective are managed by the villagers' committee, which may be the employer; Matters that need to be decided by the members' meeting or representative meeting of the agricultural collective economic organization shall be discussed and decided by the villagers' meeting or the villagers' representative meeting accordingly. Article 12 Rights and obligations of the employer:

(a) to exercise ownership of collectively owned resources and assets, and to exercise management rights over state-owned resources that have obtained the right to use according to law;

(two) according to the provisions of the agricultural contract, collect the overall planning fee or contract money (products) from the contractor, and organize the use of the labor services provided by the contractor;

(three) according to the provisions of the agricultural contract, to provide the contractor with production and operation conditions and services;

(four) to ensure the autonomy of the contractor, and shall not interfere with the normal production and business activities of the contractor. Article 13 Rights and obligations of the contractor:

(a) to exercise the right to use resources and assets and the autonomy of production and operation as stipulated in the agricultural contract;

(two) after the expiration of the contract, under the same conditions, have the right to give priority to contracting the original contracted production projects;

(3) If the contractor dies during the contract period, the successor of the contractor may continue to contract;

(four) to protect the contracted resources and assets, and not to damage or destroy them, not to engage in predatory operations, and not to change the use agreed in the contract without authorization;

(five) according to the provisions of the agricultural contract to complete the task of ordering national agricultural products, pay taxes, village and township planning fees or contract money (products), and provide labor services. Chapter iii conclusion and performance of agricultural contracts article 14 agricultural contracts must be in written form. The documents that both parties agree to amend the contract through consultation are also an integral part of the agricultural contract. Article 15 An agricultural contract shall have the following clauses:

(a) the name, quantity, quality, location, logo, model and mode of production and operation of the contracted project;

(2) The term of the contract and the starting and ending time of the contract;

(3) The production and operation conditions and service contents provided by the employer;

(four) the contractor undertakes the national agricultural products ordering tasks, taxes and fees, village retention and township overall planning fees or contracted funds (products) and services;

(five) the contractor's land construction and other resources and assets investment, maintenance and construction;

(6) Liability for breach of contract, risk liability and handling methods;

(seven) other matters that both parties think must be clarified.

Joint household contract or individual partnership contract, the agricultural contract should be attached to the joint household contract or individual partnership contract agreement.