Agriculture departments (bureaus and commissions) of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning:
According to the Opinions of the General Office of the State Council, the General Office of the Central Committee of the CPC on Guiding the Orderly Transfer of Rural Land Management Rights to Develop Moderate Scale Operation of Agriculture (China Office 6 1 [2065438]) and the Opinions of the General Office of the State Council on Guiding the Healthy Development of Rural Property Rights Transfer Trading Market (China Office 7 1 [2065438]), all localities should intensify their work. Guide the rural land management right circulation trading market to establish and improve the trading operation rules, urge the places that have not yet established the circulation trading market, especially the major grain producing areas, to establish and improve the rules, promote the open, fair and standardized operation of circulation trading, safeguard the legitimate rights and interests of both parties to the transaction, and promote the optimal allocation of land resources and the healthy development of moderate-scale agricultural operation.
Ministry of Agriculture
2065438+June 29, 2006
Operating norms of rural land management right transfer trading market (for Trial Implementation)
In order to strengthen the guidance of rural land management right circulation market and promote the orderly circulation of land management right according to law, this specification is formulated according to the Rural Land Contract Law, the Measures for the Management of Rural Land Management Right Circulation, the Measures for the Management of Rural Land Management Right Certificate and other laws, regulations and related policies.
Article 1 In the rural land management right transfer trading market, these norms shall apply to the rural land management right transfer trading.
The rural land management right circulation trading market mentioned in this specification refers to a platform that provides services for rural land management right circulation trading according to law, mainly including rural land management right circulation service center, rural collective asset management trading center and rural property right trading center (institute).
Second rural land management rights transfer transactions shall meet the following conditions:
(1) The ownership is clear and uncontroversial;
(2) Both parties to the transaction must be natural persons, legal persons or other organizations with full capacity for civil rights and civil conduct, and have the true will to transfer the transaction;
(3) The outflow party must be the property right holder or the organization or individual entrusted by the property right holder;
(4) Circulation transactions shall comply with laws and regulations and policies and regulations such as environmental protection planning, agricultural industry development planning, land use planning and urban-rural integration construction planning.
Article 3 The trading varieties in the rural land management right transfer trading market include:
(1) Land management right obtained through household contract;
(2) Land management rights obtained by other contracting methods;
(three) the right to operate the land that has not been contracted out by the collective economic organizations;
(four) other land management rights that can be traded according to law.
Article 4 Rural collective economic organizations, contracted farmers, family farms, large professional households, farmers' professional cooperatives, agricultural enterprises and other agricultural business entities, as well as other organizations or individuals with agricultural production and operation capabilities, may conduct transactions in the rural land management right circulation trading market according to law.
Article 5 The outflow party shall submit the following materials when trading in the rural land management right transfer market:
(a) land management rights obtained through household contract:
1. Identification;
2. Certificate of rural land contractual management right;
3 rural collective economic organizations or intermediary organizations (individuals) entrusted the transfer of contracted land, should provide a written power of attorney;
4 land introduction (mainly including land location, boundary, area, quality grade, utilization status, expected price, transfer method, transfer purpose, etc.). );
5 other materials required by the rural land management right transfer trading market.
(2) Land management right obtained by other contracting methods:
1. Identification;
2 "rural land contractual management right certificate" or other proof materials of ownership;
3 land introduction (mainly including land location, scope, area, quality grade, utilization status, expected price, transfer method, transfer purpose, etc.). );
4 other materials required by the rural land management right transfer market.
(three) the right to operate the land not contracted out by the rural collective economic organizations:
1. Qualification certification materials of rural collective economic organizations;
2. The identity certificate of the specific undertaker;
3. Certificate of collective land ownership;
4 rural collective economic organizations members of the villagers' meeting more than two-thirds of the members or more than two-thirds of the villagers' representatives signed a written certificate of consent to land transfer;
5 land introduction (mainly including land location, scope, area, quality grade, utilization status, estimated price and pricing basis, transfer method, transfer purpose, etc.). );
6 other materials required by the rural land management right transfer market.
(four) other land management rights that can be traded according to law refer to the above situation, and provide relevant materials according to the requirements of the rural land management rights transfer trading market.
Article 6 The inflow party shall submit the following materials when trading in the rural land management right transfer market:
(1) Identity certificates and other qualification certificates;
(2) Application for inflow (mainly including the purpose, area and duration of the inflow land);
(three) if the inflow of land exceeds the local standard, it is necessary to provide proof of agricultural operation ability, project feasibility report and certificate of circulation transaction approval right;
(four) other materials required by the rural land management right transfer market.
Article 7 Both parties to a transaction shall be responsible for the authenticity, integrity, legality and validity of the submitted materials.
Article 8 The outflow party and the inflow party shall sign a transfer transaction service agreement with the rural land management right transfer market, and clarify the service content provided by the rural land management right transfer market and the rights and obligations of both parties to the agreement.
Ninth rural land management rights transfer market publicly released supply and demand information. This information mainly includes the following contents:
(a) the basic situation of land transfer (mainly including land location, scope, area, quality grade, utilization, expected price, transfer method, transfer purpose, etc.). );
(2) Basic information and relevant information of the outflow party or inflow party;
(3) Other matters that need to be announced.
Tenth land management rights transfer information release publicity period of not less than 10 working days. The interval period must be set for the re-circulation transaction of the same land management right. During the publicity period, if there are any major changes, the change information shall be released in time, and the publicity period shall be recalculated. After the end of the publicity period, the rural land management right will be transferred to the market to organize transactions.
Eleventh the outflow or inflow of land management rights can entrust a qualified evaluation agency to evaluate the transaction price of land management rights transfer.
Twelfth collective economic organizations have not contracted out the land management right transfer transaction price shall be determined by the farmers' collective democratic consultation.
Thirteenth parties to the transaction should refer to the model text of the land management right transfer transaction contract to conclude a contract, which mainly includes the following contents:
(1) Basic information of both parties;
(two) the location, area and quality grade of land transfer;
(3) the time limit and the start and end dates of the circulation;
(four) the transfer of land use rights;
(5) Transfer price and payment method;
(six) the disposal of the ground attachments and related facilities after the expiration of the contract;
(seven) the rights and obligations of both parties;
(eight) the liability for breach of contract, dispute resolution, conditions for modification and termination of the contract;
(nine) other matters that both parties think need to be agreed.
Article 14 After the circulation transaction contract expires, the inflow party may have priority to renew it under the same conditions.
Fifteenth in accordance with the relevant requirements of the rural land management right transfer market, after signing the contract, both parties to the transfer transaction can obtain the verification of the transfer transaction provided by the rural land management right transfer market.
Sixteenth rural land management rights transfer transaction verification shall specify the following items:
Project number;
(2) Date of signing the contract;
(3) The full names of the outflow party and the customer;
(4) The full names of the inflow party and the customer;
(five) the term of the contract and the start and end dates;
(6) the transaction amount.
(7) mode of payment;
(8) Other matters.
Seventeenth in the transaction process, before the signing of the contract, the two sides have one of the following circumstances, and the transaction can be suspended after the application of the outflow party, the inflow party or the third party and the confirmation of the rural land management right transfer trading market:
(a) the ownership of rural land management rights is controversial and has not been resolved;
(two) due to force majeure, the trading activities can not be carried out according to the agreed time limit and procedures;
(3) Other circumstances that cause the transaction to be suspended.
Eighteenth in the transaction process, before the signing of the contract, under any of the following circumstances, the rural land management right transfer trading market can terminate the transaction:
(a) after the suspension of trading, the factors that affect the suspension of trading cannot be eliminated, resulting in the inability to continue trading;
(two) the people's court, arbitration institutions and other units issued a written notice to terminate the transaction according to law;
(3) Other transactions that need to be terminated.
Nineteenth authorized by the competent department, the rural land management right transfer market can register the land management right mortgage.
Article 20 A mortgagor of land management right shall provide the following materials when applying for mortgage registration in the rural land management right circulation market:
(1) An application for mortgage of rural land management right;
(two) the identity certificate of the applicant for mortgage registration, legal persons and other organizations also need to provide a unified social credit code, a copy of the industrial and commercial business license or other supporting materials;
(three) the relevant parties agree that the land management right is used for mortgage and legal re-circulation;
(four) the land management right ownership certification materials or land management right transfer transaction verification;
(five) other materials required by the circulation market of rural land management rights.
Twenty-first rural land management rights transfer market should properly preserve the words, pictures and other related materials formed in the transaction process, and establish and improve the file management system.
Twenty-second related rights holders can obtain archives information inquiry service. When the rural land management right circulation trading market provides file inquiry service, it shall not harm the national security and interests, the interests of society and other organizations, and shall not infringe upon the legitimate rights and interests of others.
Twenty-third rural land management rights transfer market at the request of both parties, can provide legal advice, asset evaluation, accounting and auditing, project planning, financial insurance and other services. The fees for providing related services shall be approved by the local price department and publicized according to relevant regulations.
Twenty-fourth rural land management rights transfer market shall formulate working rules and take necessary measures to ensure the open, fair and standardized operation of rural land management rights transfer transactions, consciously accept public supervision and accept the management of relevant departments according to law.
Twenty-fifth rural land management rights transfer transaction disputes or disputes, the relevant rights holders may apply for mediation, arbitration or bring a lawsuit according to law.