The full text of the Rural Land Contract Law is about 7, words, including 5 chapters and 65 articles, which are divided into general provisions, household contract, other contract methods, dispute settlement, legal liability and supplementary provisions. This law came into force on March 1, 23. The Law on Rural Land Contract stipulates that rural land contract should be carried out within rural collective economic organizations, and rural land such as barren hills, gullies, hills and beaches that are not suitable for family contract can be contracted by means of bidding, auction and public consultation. The Rural Land Contract Law stipulates that members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations according to law. No organization or individual may deprive or illegally restrict the land contracting rights of members of rural collective economic organizations. After the rural land is contracted, the nature of land ownership remains unchanged. The contracted land shall not be bought or sold. The Rural Land Contract Law regulates the important issues involved in land contract in the form of law, which will further stabilize the Party's land contract policy in rural areas, and has far-reaching significance for safeguarding the fundamental rights and interests of hundreds of millions of farmers, promoting agricultural development and maintaining rural stability. Xinhuanet Beijing, August 29th, People's Republic of China (PRC) Rural Land Contract Law (adopted at the 29th meeting of the 9th the NPC Standing Committee on August 29th, 22) Contents: Chapter I: General Provisions of Household Contract: Section I: Rights and Obligations of the Employer and the Contractor: Section II: Principles and Procedures of Contract-signing Part III: Contract Period and Contract Part IV: Protection of Land Contract Right Part V: Protection of Land Contract Management Right. Protection of the right to contracted management of land Section 5 Circulation of the right to contracted management of land Chapter III Other contracting methods Chapter IV Settlement of disputes and legal liabilities Chapter V Supplementary Provisions Chapter I General Rural Economic Development and Social Stability This Law is formulated in accordance with the Constitution. Article 2 The term "rural land" as mentioned in this Law refers to cultivated land, forest land, grassland and other land used for agriculture according to law, which are collectively owned by farmers and used by farmers according to law and owned by the state. Article 3 The State practices the rural land contract management system. Rural land contracting should be carried out within the rural collective economic organizations; Rural land, such as barren hills, gullies, hills and beaches, which are not suitable for household contract, can be contracted by tender, auction or public consultation. Article 4 The State protects the long-term stability of rural land in contract relationship according to law. After the rural land is contracted, the nature of land ownership remains unchanged. The contracted land shall not be bought or sold. Fifth members of rural collective economic organizations have the right to contract rural land contracted by the collective economic organizations according to law. No organization or individual may deprive or illegally restrict the rights of members of rural collective economic organizations to contract land. Article 6 Women and men enjoy equal rights in rural land contracting. Women's legitimate rights and interests should be protected in the process of contracting, and no organization or individual may deprive or infringe on women's right to operate contracted land. Seventh rural land contracting should adhere to the principles of openness, fairness and justice, and correctly handle the interests of the state, the collective and the individual. Eighth rural land contracting should abide by laws and regulations, and protect the rational development and sustainable utilization of land resources. Without legal approval, the contracted land shall not be used for non-agricultural construction. The state encourages farmers and rural collective economic organizations to increase investment in land, improve soil fertility and improve agricultural production capacity. Article 9 The state protects the legitimate rights and interests of the owners of collective land and the contracted management right of the contractors, and no organization or individual may infringe upon it. Article 1 The State protects the right of contractors to transfer the contracted management right of land legally, voluntarily and with compensation. Eleventh administrative departments of agriculture and forestry in the State Council shall be responsible for guiding the rural land contracting and contracting management in the country according to the responsibilities stipulated by the State Council. The administrative departments of agriculture and forestry of the local people's governments at or above the county level shall be responsible for the management of rural land contracts within their respective administrative areas according to their respective duties. The township (town) people's government is responsible for the management of rural land contracting and contracting out within its administrative area. Chapter II Family Contracting Section 1 Rights and obligations of the contracting party and the contractor for family contracting Article 12 If the land collectively owned by peasants belongs to the village peasants according to law, the village collective economic organization or the villagers' committee shall contract out the contract; If it already belongs to the peasant collectives of two or more rural collective economic organizations in the village, it shall be contracted out by each rural collective economic organization or villagers' group in the village. If the village collective economic organizations or villagers' committees contract out, the ownership of the land collectively owned by farmers in the village collective economic organizations shall not be changed. Rural land owned by the state and used collectively by farmers according to law shall be contracted out by rural collective economic organizations, villagers' committees or villagers' groups that use the land. Article 13 The employer shall enjoy the following rights: (1) Contracting rural land owned by the collective or owned by the state according to law for use by the collective; (two) to supervise the contractor to use and protect the land reasonably according to the purposes agreed in the contract; (three) to stop the contractor from destroying the contracted land and agricultural resources; (4) exercising other rights as prescribed by laws and administrative regulations. Article 14 The contract awarding party shall undertake the following obligations: (1) To safeguard the land contracting right of the contract awarding party and shall not illegally change or terminate the contract; (two) respect the contractor's autonomy in production and operation, and shall not interfere with the normal production and operation activities carried out by the contractor according to law; (three) in accordance with the contract, to provide production, technology, information and other services for the employer; (four) the implementation of the overall planning of land use in counties, townships and towns, and the organization of collective economic organizations in counties and towns. (four) the implementation of the overall land use planning of counties and townships (towns), and the organization of agricultural infrastructure construction within the collective economic organizations; (5) Other obligations stipulated by laws and administrative regulations. Fifteenth the contractor of a household contract is the farmer of the collective economic organization. Article 16 The contractor shall enjoy the following rights: (1) The right to use the contracted land, the right to benefit from it and the right to transfer the contracted management right according to law, and the right to independently organize the production, operation and disposal of products; (two) the right to obtain corresponding compensation if the contracted land is requisitioned or occupied according to law; (3) Other rights stipulated by laws and administrative regulations. Article 17 The contractor shall undertake the following obligations: (1) Keep the land for agricultural use and not use it for non-agricultural construction; (two) the protection and rational use of land according to law, and shall not cause permanent damage to the land; (3) Other obligations stipulated by laws and administrative regulations. Section II Contracting Principles and Procedures Article 18 Land contracting shall follow the following principles: (1) When organizing contracting in a unified way according to regulations, members of the collective economic organization shall exercise their land contracting rights equally according to law, or they may voluntarily give up their land contracting rights; (2) Democratic consultation, fairness and reasonableness; (3) The contract scheme shall be discussed and adopted by more than two thirds of the members of the collective economic organization or villagers' meeting in accordance with the provisions of Article 12 of this Law. (3) The contract scheme shall be approved by more than two thirds of the members of the collective economic organization or more than two thirds of the villagers' representatives at the villagers' meeting in accordance with the provisions of Article 12 of this Law; (4) The contract scheme shall be legal. Nineteenth land contracting shall be carried out in accordance with the following procedures: (1) a contracting working group shall be elected by the villagers' meeting of the members of the collective economic organization; (two) the contracting working group in accordance with the provisions of laws and regulations, formulate and publish the contract plan; (three) to convene a villagers' meeting of the members of the collective economic organization according to law to discuss and adopt the contract scheme; (four) publicly organize the implementation of the contract plan; (5) signing a contract. (5) signing a contract. Section 3 Contract Period and Contract Article 2 The contract period of cultivated land is thirty years. Grassland contract period is 3 to 5 years. The contract period of forest land is thirty to seventy years; The contract period of special forest land can be extended with the approval of the administrative department of forestry of the State Council. Twenty-first the employer shall sign a written contract with the contractor. A contract shall generally include the following clauses: (1) the names of the employer and the contractor, and the names and residences of the person in charge of the employer and the representative of the contractor; (2) The name, location, area and quality grade of the contracted land; (three) the contract period and the start and end dates; (4) the use of the contracted land; (five) the rights and obligations of the employer and the contractor; (6) Liability for breach of contract. Article 22 A contract shall come into force as of the date of its establishment. After the contract comes into effect, the employer obtains the right to contracted management of land. Twenty-third local people's governments at or above the county level shall issue land contractual management right certificates or forest right certificates to the employer, and register them to confirm the land contractual management right. The issuance of land contractual management right certificate and forest right certificate shall not charge other fees except for the certificate fee as required. Twenty-fourth after the contract comes into effect, the employer shall not change or terminate the contract because of the change of the contractor or the person in charge, the division or merger of the collective economic organization, etc. Twenty-fifth state organs and their staff shall not use their functions and powers to interfere in rural land contracting or change or terminate the contract.
section iv protection of the right to contracted management of land article 26 during the contract period, the employer may not take back the contracted land. During the contract period, if the whole family of the contractor moves into a small town or residential area, it shall, according to the wishes of the contractor, retain its land contractual management right or allow it to transfer the land contractual management right according to law. During the contract period, if the whole family of the contractor moves into a city divided into districts and becomes non-agricultural registered permanent residence, the contracted cultivated land and grassland shall be returned to the employer. If the employer fails to return it, the contractor may recover the contracted cultivated land and grassland. During the contract period, if the contractor returns the contracted land or the employer recovers the contracted land according to law, the contractor has the right to obtain corresponding compensation for the investment in improving the production capacity of the contracted land. Twenty-seventh contract period, the employer shall not adjust the contracted land. During the contract period, if it is necessary to make appropriate adjustments between the cultivated land and grassland contracted by individual farmers due to natural disasters and other special circumstances, it must be approved 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, and reported to the township (town) people's government and the county people's government for approval. If it is agreed in the contract not to be adjusted, it shall be adjusted according to its agreement. Article 28 The following land shall be used for adjusting contracted land or contracting new population: (1) motor land reserved by this collective economic organization according to law; (two) increased by reclamation according to law; (3) The contractor voluntarily surrenders it according to law. Twenty-ninth in the contract period, the contractor may voluntarily return the contracted land to the employer. If the employer voluntarily returns the contracted land, it shall notify the contractor in writing six months in advance. If the contractor returns the contracted land within the contract period, it shall not ask for contract again within the contract period. Thirtieth during the contract period, if a woman fails to obtain the contracted land in her new residence after marriage, the employer shall not take back her original contracted land; If a woman still lives in her original place of residence or does not live in her original place of residence after divorce or widowhood, but has not obtained the contracted land in her new place of residence, the employer shall not take back her original contracted land. Article 31 The contracted profits due to the contractor shall be inherited in accordance with the provisions of the Inheritance Law. If the contractor of forest land dies, his successor may continue to contract during the contract period. Section 5 Circulation of the Right to Contracted Management of Land Article 32 The right to contracted management of land obtained through household contract may be transferred by subcontracting, leasing, exchanging, transferring or other means according to law. Article 33 The transfer of the right to contracted management of land shall follow the following principles: (1) Equal consultation and voluntary compensation, and no organization or individual may force or hinder the contracting party to transfer the right to contracted management of land; (two) shall not change the nature of land ownership and agricultural use; (three) the circulation period shall not exceed the remaining period of the contract period; (four) the transferee shall be able to carry out agricultural business (under the same conditions, members of the collective economic organization shall have priority. Thirty-fourth the main body of the transfer of land contractual management right is the employer. The employer has the right to independently decide whether and how to transfer the land contractual management right according to law. Article 35 During the contract period, the employer shall not unilaterally terminate the contract, force the contractor to give up or change the contracted management right of the land on the pretext that the minority is subordinate to the majority, take back the contracted land for bidding on the grounds of dividing "grain ration field" and "responsibility field", and take back the contracted land for bidding on the grounds of dividing "grain ration field" and "responsibility field". It is not allowed to recover the contracted land for bidding on the grounds of dividing "grain ration field" and "responsibility field", and it is not allowed to recover the contracted land to offset the arrears. Article 36 The subcontracting fee, rent and transfer fee for the transfer of the contracted management right of land shall be determined by both parties through consultation. The circulation income belongs to the employer, and no organization or individual may intercept or withhold it without authorization. Article 37 Where the right to contracted management of land is transferred by subcontracting, leasing, exchanging, transferring or other means, the parties concerned shall sign a written contract. The transfer shall be subject to the consent of the employer; Transfer by subcontract, lease, exchange or other means shall be reported to the employer for the record. A contract for the transfer of land contractual management rights generally includes the following clauses: (1) the name and domicile of the parties; (two) the name, location, area and quality grade of the transferred land; (three) the circulation period and the start and end date; (four) the use of land transfer; (five) the rights and obligations of the parties; (six) the transfer price and payment method; (7) Liability for breach of contract. Article 38 Where the right to contracted management of land is transferred by means of exchange or transfer, and the parties concerned request registration, they shall apply to the local people's government at or above the county level for registration. Without registration, you may not confront a bona fide third party. Article 39 A contractor may subcontract or lease part or all of the land contractual management right to a third party within a certain period of time, and the contract relationship of the contractor and the employer shall remain unchanged. If the contractor hands over the land to others for farming for less than one year, it may not sign a written contract. Fortieth in order to facilitate farming or their own needs, the contractor may exchange the contracted management right of land for the land of the same collective economic organization. Article 41 If a contractor has a stable non-agricultural occupation or a stable source of income, he may, with the consent of the employer, transfer all or part of the land contractual management right to other farmers engaged in agricultural production and operation, and the farmers and the employer will establish a new contract relationship, and the contract relationship of the original contractor and the employer on this land will be terminated. Forty-second in order to develop the agricultural economy, the contractor may voluntarily jointly share the contracted management right of land and engage in agricultural cooperative production. Article 43 If the contractor invests in the contracted land to improve the land production capacity, he shall have the right to receive corresponding compensation when the contracted land management right is transferred according to law. Chapter III Contracting by Other Means Article 44 Where rural land such as barren hills, gullies, barren hills and barren beaches that are not suitable for household contracting is contracted by means of bidding, auction or public consultation, the provisions of this chapter shall apply. Article 45 Where rural land is contracted by other means, a contract shall be signed. The rights and obligations of the parties and the contract period shall be determined by both parties through consultation. In the case of contracting by tender or auction, the contract fee shall be determined by public tender or auction; If the contract is contracted by public consultation or other means, the contract fee shall be determined by both parties through consultation. Article 46 barren hills, gullies, hills and beaches can be contracted out directly through bidding, auction and public consultation, or the land contracting right can be contracted out to members of the collective economic organization, and then contracted operation or joint-stock cooperative operation can be implemented. Contracting barren hills, ditches, hills and beaches shall abide by the provisions of relevant laws and administrative regulations to prevent soil erosion and protect the ecological environment. Article 47 Where rural land is contracted by other means, under the same conditions, members of this collective economic organization shall have the priority to contract. Article 48 The Employer