What is the difference between land transfer, subcontracting and leasing?

The transfer of land contractual management right means that farmers transfer part or all of their contracted village collective land to a third party for operation through subcontracting, leasing, exchange, transfer and shareholding, and the original contractor or the third party and the village collective perform the original contract. The two modes of circulation, exchange and shareholding, are easy to understand. But many friends are not very clear about the difference between subcontracting, leasing and transfer. Today, I will mainly talk about these three modes of circulation.

? What is subcontracting?

Subcontracting means that the contractor transfers part or all of the contracted management right of the land to other farmers of the same collective economic organization for agricultural production and operation within a certain period of time. After subcontracting, the original land contract relationship will remain unchanged, and the original contractor will continue to perform the rights and obligations stipulated in the original land contract. The contractor shall be responsible to the subcontractor according to the conditions agreed upon at the time of subcontracting.

What is leasing?

Lease means that the contractor leases part or all of the contracted land management rights to others to engage in agricultural production and operation within a certain period of time. After the lease, the original land contract relationship will remain unchanged, and the original contractor will continue to perform the rights and obligations stipulated in the original land contract. The lessee shall be responsible to the contractor according to the conditions agreed upon at the time of lease.

What is transfer?

Circulation means that the contractor has a stable non-agricultural occupation or a stable source of income, and with the application of the contractor and the consent of the employer, transfers part or all of the contracted land management right to other farmers engaged in agricultural production and operation, who will perform the rights and obligations of the corresponding land contract. After the transfer, the original land in contract relationship was automatically terminated, and the original contractor's contractual management right was partially or completely lost during the contract period.

What are the main differences between land transfer, subcontracting and leasing?

● Similarities between subcontracting, leasing and transfer:

(1) The right to subcontract, lease or transfer is claimed by the contractor, or subcontracted, leased or transferred;

(2) Subcontracting, leasing and transferring all refer to transferring part or all of the contracted management right of land to other farmers, and signing a written transfer contract;

(3) Subcontracting, leasing and transfer shall be determined by the contractor and the transferee through consultation.

(4) Subcontracting, leasing or transferring shall not exceed the remaining period of the legal contract term.

● The difference between subcontracting, leasing and transfer:

(1) When transferring, the contractor must have a stable non-agricultural occupation and a stable source of income, but there is no such restriction on subcontracting and leasing.

(2) Transfer must be applied in advance and approved by the employer, while subcontracting and leasing only need to be filed with the employer. Subcontracting is decided by the contractor without the consent of the employer; The transfer must be approved by the employer. Without the consent of the employer, the transfer is invalid, except that the employer cannot decide not to agree or delay the statement of reasons.

(3) After the transfer, the new contractor establishes a new contractual relationship with the employer, the original contractor terminates the contractual relationship with the employer, and the subcontracting and leasing continue to maintain the original contractual relationship. In the case of subcontracting and leasing, the contract relationship of the original contractor and the employer remains unchanged, and the original contractor still enjoys the right to contract and operate the land after the expiration of the subcontracting and leasing period; However, transfer is different. After the transfer, the original contractor's contractual management right of the land is terminated, and the transferee and the employer re-sign the land contract. Since the date of transfer, the original contractor no longer enjoys the contractual management right of the transferred land.

See Articles 37 and 39 of the Rural Land Contract Law for details; Articles 13 and 14 of the Interpretation of the Supreme People's Court on the Applicable Legal Issues in the Trial of Rural Land Contract Disputes.