Measures of Guangzhou Municipality on the Administration of Rural Collective Assets Transaction

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Organic Law of Villagers' Committees of the People's Republic of China, the Regulations on the Management of Rural Collective Assets in Guangdong Province, the Regulations on the Management of Rural Collective Economic Organizations in Guangdong Province and other relevant provisions, and in combination with the actual situation of this Municipality. Fair and just trading process, strengthen the construction of a clean and honest government at the grassroots level in rural areas, protect the legitimate rights and interests of members of rural collective economic organizations, and promote rural economic development. Article 2 The rural collective economic organizations mentioned in these Measures (hereinafter referred to as rural collectives) refer to cooperative economic organizations formed by the reform, transformation and reorganization of the former people's communes, production brigades and production teams, including economic cooperatives, economic cooperatives, joint-stock cooperative economic cooperatives and their economic entities.

The term "transaction of rural collective assets" as mentioned in these Measures refers to the transaction of contracting, leasing, transferring, transferring shares at a discount and cooperative construction of rural collective assets. Article 3 These Measures shall apply to the transaction of rural collective assets and related management activities within the administrative area of this Municipality. Article 4 The rural collective assets mentioned in these Measures include:

(a) the right to operate the arable land, wasteland, mountains, woodlands, grasslands, water surfaces, beaches and other land that is owned by rural collectives according to the law, and the right to use collective construction land such as land for economic development, land for public facilities and homestead;

(2) Forests and trees collectively owned in rural areas;

(3) Buildings and structures invested by rural collectives and acquired through various forms of cooperation, as well as purchased means of transportation, machinery, electromechanical equipment, irrigation and water conservancy facilities and educational, cultural, health and sports facilities;

(4) marketable securities and creditor's rights owned by rural collectives;

(five) the share of assets formed by rural collectives and enterprises or other organizations and individuals in accordance with the agreement and actual investment;

(six) the rural collective accepts the assets allocated by the state free of charge and contributed or donated by other economic organizations, social organizations and individuals;

(seven) intangible assets such as trademark rights, patents and copyrights owned by rural collectives;

(eight) the right to operate rural collective enterprises;

(nine) other assets owned or managed by rural collectives according to law.

Public welfare facilities invested by the state but actually managed and used by rural collectives do not belong to the rural collective assets listed in the preceding paragraph and may not be traded.

Rural collectives should clean up collective assets and establish ledgers, and make an inventory every year. Fifth rural collective assets transactions should abide by the relevant laws and regulations, follow the principles of democratic decision-making, equality and compensation, honesty and trustworthiness, openness and fairness, and shall not infringe upon the legitimate rights and interests of the collective or others. Chapter II Working Institutions and Their Responsibilities Article 6 The municipal administrative department of agriculture shall be responsible for overall planning, coordination and guidance of the management of rural collective assets transactions in the whole city, and organize the implementation of these measures.

The District People's Government shall be responsible for the guidance, supervision and management of rural collective assets transactions within its jurisdiction, and establish rural collective assets transaction service institutions and rural collective assets information supervision platform.

The Town People's Government and the sub-district offices are responsible for assisting the District People's Government and its relevant functional departments to carry out the supervision and management of rural collective assets transactions, guiding rural collectives within their jurisdiction to carry out asset clearing, account establishment and annual inventory, and organizing rural collective assets to enter trading service institutions for trading. Article 7 The institutions designated by the district agricultural administrative department or the district people's government, the agricultural management institutions of the town (street) or the institutions designated by the town people's government (street office) are the management institutions of rural collective assets transactions within their respective jurisdictions, and perform the following duties:

(1) Supervise the rural collectives to input the collective assets transactions into the information supervision platform of rural collective assets, and supervise the use of the information supervision platform of rural collective assets;

(two) to guide the rural collective to apply for transactions;

(three) to supervise the transaction process and the signing and modification of the contract;

(four) to supervise and prompt the transaction application before the expiration of the contract;

(five) to supervise the information disclosure of rural collective assets transactions;

(6) Investigating and handling relevant complaints during the transaction. Article 8 The District People's Government may set up a unified rural collective asset trading service institution within its jurisdiction, or set up a rural collective asset trading service institution in sections according to the actual classification of its jurisdiction. Trading service institutions are specialized service platforms for rural collective assets trading, and perform the following duties:

(a) to provide places for rural collective assets transactions;

(two) unified release of rural collective assets transaction information;

(three) to accept the consultation and registration of bidders and examine the qualifications of bidders;

(4) Organizing transactions according to regulations;

(5) Guiding the signing of trading contracts;

(six) the preservation and management of rural collective assets transaction vouchers and transaction records;

(seven) the rural collective assets transaction contract shall be filed;

(eight) record the integrity of the transaction subject.

Trading service institutions shall not bear legal responsibility for risks such as quality defects, ownership legality defects and contract breach of rural collective assets entering the market.