Regulations of Shaanxi Province on Modern Agricultural Parks

Chap I general provisions article 1 in ord to standardize and promote that scientific development of modern agricultural parks, give full play to the demonstration and driving role of modern agricultural parks, protect and rationally utilize land resource, and promote agricultural efficiency, increase farmers' income and rural prosperity, these regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province. Article 2 These Regulations shall apply to the construction and operation, rights and interests protection, service guarantee and risk prevention of modern agricultural parks within the administrative area of this province. Article 3 The term "modern agricultural park" as mentioned in these Regulations refers to an economic region with a certain scale built by business entities around leading agricultural industries (including planting, forestry, animal husbandry and fishery). ) and make use of intensive land, capital and labor, adopt advanced technology and modern business model to engage in the production, processing and circulation of agricultural products, and identify and name them in accordance with the provisions of these regulations.

The business entities mentioned in the preceding paragraph refer to large-scale aquaculture enterprises, family farms and farmers' professional cooperatives and enterprises registered according to law (hereinafter referred to as park operators). Article 4 The development of modern agricultural parks should be combined with maintaining food security, adjusting agricultural industrial structure, increasing farmers' income, protecting ecological environment and ensuring the quality and safety of agricultural products. Follow the principles of government guidance, market operation, farmers' participation, scientific management and legal protection, and give play to the demonstration and radiation role of modern agricultural parks. Article 5 The people's governments at or above the county level shall incorporate the development of modern agricultural parks into the national economic and social development plan, formulate policies and measures, strengthen overall coordination, supervision and management, improve the mechanism for resolving contradictions and disputes, and promote the healthy development of modern agricultural parks.

The township (town) people's government is responsible for mediation, public service and management of land transfer disputes involving modern agricultural parks within its jurisdiction. Article 6 The administrative department of agriculture of the people's government at or above the county level shall be responsible for the comprehensive coordination, business guidance, supervision and management of modern agricultural parks within their respective administrative areas, and perform the following duties:

(a) to guide the construction of modern agricultural parks and coordinate the handling of major issues in the development of parks;

(two) responsible for the information construction of the land contractual management right transfer market and guiding the transfer of land contractual management right;

(three) responsible for the audit of park identification and the supervision and management of park construction projects;

(four) to organize mediation and arbitration of disputes over the transfer of land contractual management rights according to law;

(5) Other management powers conferred by laws and regulations. Article 7 The relevant administrative departments of development and reform, finance, forestry, water conservancy, land resources, environmental protection, science and technology, industry and informatization, transportation, human resources and social security, industrial and commercial administration, quality and technical supervision, food and drug supervision, etc. at or above the county level shall, according to their respective functions and duties, do a good job in public services and supervision and management related to modern agricultural parks. Eighth individual farmers are encouraged to take shares in farmers' professional cooperatives or enterprises with contracted land management rights or funds, and participate in the construction, operation and benefit distribution of modern agricultural parks.

Encourage and support state-owned farms, scientific research institutions, universities and their scientific and technological personnel to participate in the construction, management and benefit distribution of modern agricultural parks with scientific and technological achievements.

Encourage industrial and commercial capital to invest in the construction of modern agricultural parks suitable for enterprise management, such as modern breeding industry, processing and circulation of agricultural products, socialized agricultural services, and management and development of five barren resources; Encourage enterprises and farmers' professional cooperatives and farmers to establish an interest linkage mechanism with complementary advantages, reasonable division of labor, mutual benefit and common development. Chapter II Construction and Operation Article 9 The people's governments at or above the county level shall, according to the national economic and social development plan and the advantages of regional resources and industrial development, organize relevant departments to formulate the development plan of modern agricultural parks in their respective administrative areas, plan and lay out modern agricultural parks, and scientifically and reasonably determine the scale of the parks.

The development planning and construction projects of modern agricultural parks should conform to the overall land use planning, agricultural development planning, long-term forestry planning, water resources development and utilization planning and fishery development planning, and link up with urban and rural planning, ecological protection planning and tourism planning, and conduct environmental impact assessment according to law.

The people's governments of cities and counties (cities, districts) with major grain producing areas shall, when preparing the development plan of modern agricultural parks, ensure the development scale of modern agricultural parks for grain production, stabilize the sown area of grain, improve the comprehensive grain production capacity and ensure the effective supply of grain. Cultivated land in modern agricultural parks for grain production should be designated as permanent basic farmland and strictly protected according to law. Tenth park operators should develop leading agricultural industries with regional characteristics such as grain, fruit, livestock, vegetables and tea according to local conditions, and make park plans.

Encourage the development of modern agricultural parks integrating planting, breeding, processing and circulation around leading industries, extend the industrial chain, increase the added value of agricultural products and promote the recycling of agricultural resources. Eleventh in accordance with the principles of legality, voluntariness, compensation and good faith, farmers can transfer the right to contracted management of land to park operators through subcontracting, leasing and transfer.

Entrusted by farmers in writing, collective economic organizations can organize farmers of their collective economic organizations to negotiate with park operators to transfer land contractual management rights. Article 12 Both parties to the transfer of the right to contracted management of land shall negotiate on an equal footing on matters such as the purpose of land transfer, transfer period, price, payment and adjustment method of transfer fee, risk protection, land reclamation, mortgage guarantee and re-transfer, use, maintenance and disposal of infrastructure, and liability for breach of contract. And sign a written land management right transfer contract according to law, stipulating the rights and obligations of both parties.