Legal basis: Article 38 of the Law of People's Republic of China (PRC) on Land and Land Management, the state encourages units and individuals to develop unused land in accordance with the overall land use plan on the premise of protecting cultivated land, improving ecological environment and preventing soil erosion and land desertification; Suitable for agricultural land development, give priority to agricultural land development. The state protects the legitimate rights and interests of developers according to law.
Article 17 of the Regulations for the Implementation of the Land and Land Management Law of People's Republic of China (PRC) stipulates the examination and approval authority for developing state-owned barren hills, wasteland and wasteland with uncertain land use rights to engage in planting, forestry, animal husbandry and fishery production, but it does not specifically stipulate the examination and approval authority for developing collectively owned barren hills, wasteland and wasteland in rural areas.
People's Republic of China (PRC) Rural Land Contract Law
Article 46 Rural land such as barren hills, gullies, barren hills and barren beaches can be directly contracted through bidding, auction and public consultation, or the contracted management right of land can be converted into shares and distributed to members of the collective economic organization, and then contracted operation or joint-stock cooperative operation can be implemented.
Article 45 A contract shall be signed if the contract is awarded in the above way. The rights and obligations of the parties, the term of the contract, etc. , determined by both parties through consultation. If the contract is awarded by tender or auction, the contract fee shall be determined by public tender and bidding; If the contract is contracted through public consultation, the contract fee shall be agreed by both parties.
Article 47 Under the same conditions, members of this collective economic organization have the priority to contract.