Chapter I General Provisions
Article 1 In order to regulate the circulation of rural land contractual management rights, safeguard the legitimate rights and interests of both parties to the circulation, and promote the all-round development of modern agriculture and rural economy, these Detailed Rules are formulated in accordance with the Rural Land Contract Law and relevant regulations.
Article 2 Adhering to the two-tier management system based on household contract management and combining unified management with separate management, stabilizing the existing land contract relationship and keeping it unchanged for a long time is the basis for regulating land circulation.
Article 3 Give farmers more adequate and secure land contractual management rights, so that they can truly enjoy the right to unify the four rights of possession, use, income and circulation.
Article 4 Under the premise of not changing the nature of collective ownership of land, agricultural use of land and harming farmers' contractual rights and interests, the contractor is allowed to transfer the contractual management right of land during the contract period.
Article 5 The term of various forms of land circulation shall not exceed the remaining contract period of the contract period.
Article 6? The income from the transfer of rural land contractual management right belongs to the contractor, and no organization or individual may occupy, intercept or withhold it, nor may it extract management fees on the grounds of service.
Article 7 The development of the secondary and tertiary industries, so that the farmers who have been allocated land can achieve non-agricultural employment and have stable jobs and income sources are the preconditions for the transfer of the right to contracted management of land.
Article 8 After farmers transfer to secondary and tertiary industries, rural collective economic organizations shall safeguard their rights and interests in land contracting, obtain the benefits from land transfer, and realize, safeguard and develop the fundamental interests of farmers.
Ninth through the transfer of land contractual management rights, gradually improve the level of modern agricultural intensification, encourage more farmers to leave the land, and get rich by reducing farmers.
Chapter II Principles of Land Circulation
Tenth adhere to the principle of voluntary compensation according to law. Whether the land transfer behavior conforms to the legal provisions; The contractor has the right to decide whether to transfer the contracted land, to whom and in what form. No organization or individual may force or hinder the circulation, and the proceeds from the circulation shall be owned by the farmers.
Eleventh adhere to the principle of economies of scale. Encourage contractors to unite and cooperate, adopt advanced technology and production methods, increase investment in production factors such as technology and capital, and strive to improve economies of scale.
Twelfth adhere to the principle of equal consultation. The two parties to the transfer of land contractual management right are equal subjects, and the form, price and time limit of the transfer are decided by both parties through consultation.
Thirteenth adhere to the principle of combining * * * with benefits. The contractor can get the transfer fee for transferring land and engage in non-agricultural income, and the transferee can increase agricultural income by expanding the scale of operation.
Article 14 Adhere to the principle of sustainable development. Operators of circulating land shall not destroy the production and ecological environment, and shall not engage in predatory management. We must strengthen land investment and protection, cultivate soil fertility and improve agricultural production capacity.
Chapter III Land Transfer Services
Fifteenth township governments set up a leading group for land transfer. Implement the township head responsibility system, coordinate the land transfer work within the jurisdiction, and provide organizational guarantee for accelerating land transfer.
Sixteenth township governments should combine the development layout of secondary and tertiary industries in districts and counties and the process of urbanization, scientifically formulate the land transfer plan of their own towns and villages, and turn the disorderly transfer of the masses into a planned and organized transfer.
Seventeenth township governments to establish land transfer service center. Carry out land transfer business, provide policy and legal advice, transfer price evaluation, contract signing guidance, contract change arbitration and other services for both parties, and continuously optimize the external environment of land transfer.
Eighteenth township governments to establish a database of land transfer information. The land transfer information of villages within the jurisdiction and the information of foreign leased land are entered into the information base together, and released through the electronic display screen, which creates conditions for the docking of the two parties.
Nineteenth village land transfer service station. The employer shall arrange full-time and part-time personnel to be responsible for the information collection of farmers' land transfer in the village, and report to the township land transfer service center in writing to pave the way for farmers' land transfer.
Twentieth village collective economic organizations to exercise guidance, coordination, management, supervision and other functions in land transfer, to assist farmers to do a good job in land transfer related work.
Twenty-first district and county economic and management departments to establish a land circulation information column, responsible for the release of land circulation information in towns and villages under the jurisdiction of districts and counties, and build an information platform to accelerate land circulation.
Twenty-second rural land contractual management rights transfer service centers or intermediary organizations shall file with the competent agricultural administrative department of the people's government at the county level (or rural management), accept their guidance, and provide transfer intermediary services in accordance with laws and relevant regulations.
Chapter IV Land Transfer Procedures
Twenty-third the employer shall publicize the use, area, price and duration of the land lease to the villagers, and entrust the villagers' representatives to solicit opinions.
Twenty-fourth the employer shall convene a villagers' congress, and submit the land lease plan to the congress for discussion. With the consent of more than two-thirds of the villagers' representatives, the resolution of the meeting shall be formed.
Twenty-fifth out of the direction of land leasing, must write a written report to the township government, and attach a resolution of the villagers' congress, after examination and approval, and then organize the implementation.
Twenty-sixth, the transfer of land contractual management rights, the two sides should sign the "land contractual management rights transfer contract", the contract is in quadruplicate, each party holds one copy, the employer and the township management department each keep one copy.
Twenty-seventh after the signing of the land transfer contract, both parties can go to the township management department for verification, and can also go to the district and county judicial departments for notarization.
Twenty-eighth land lease direction, approved by the township government, and in written form to the township management department for the record.
Twenty-ninth the employer will promptly publish information such as land transfer income and distribution plan, so that villagers can understand the whole process of land transfer and enhance the transparency of work.
Chapter V Overview of Land Circulation
Thirtieth the contractor to transfer the right to contracted management of land by means of transfer, it shall submit a written application to the employer in advance, and the transfer can only be made after approval.
Article 31 If the employer agrees that the contractor will transfer the contracted land by means of transfer, the parties concerned shall handle the contract change procedures and the rural land contractual management right certificate in time; If the Employer disagrees, it shall notify the Contractor in writing of the reasons for cleaning up within 7 days.
Thirty-second village contractors voluntarily exchange the right to the contracted management of land, and both parties shall go through the formalities for the change of the certificate of the contracted management of rural land in time.
Article 33 Where a contractor transfers the contracted land by subcontracting, leasing, joint-stock cooperation, etc., it shall go through the registration formalities in time and file with the employer.
Article 34 Where land is transferred between contractors in the village by subcontracting or leasing, the transferee may transfer it to other farmers in the village within the time limit stipulated in the transfer contract, but the consent of the original contractor shall be obtained.
Thirty-fifth circulation outside the village, such as the need for secondary circulation, must be approved by the employer, and in the township management department for the record.
Article 36 Where a contractor voluntarily entrusts the employer or an intermediary organization to transfer the contracted land, it shall issue a power of attorney for land transfer in advance, specifying the entrusted matters, authority and time limit, and sign or seal the power of attorney.
Thirty-seventh village contractors to transfer land, the employer shall establish a "land contractual management rights transfer account" to record the contents of land transfer and its changes.
Chapter VI Land Circulation Management
Article 38 The administrative departments of agriculture in counties and towns (or rural management departments) are the competent units of land circulation, performing the functions of land circulation, regularly checking the use of land circulation, finding problems and solving them in time to ensure the healthy operation of land circulation.
Thirty-ninth township management departments should guide the conclusion of rural land transfer contracts, timely handle the contract changes, rescission, rescission and contract visas caused by land transfer, and establish transfer contract files.
Fortieth the transfer of land contractual management rights shall use the contract text of land contractual management rights uniformly printed by the district and county governments. The main terms include: 1 names of both parties; ② circulation field; 3. Circulation cycle and starting and ending time; 4 circulation purposes; Rights and obligations of both parties; 6. Circulation price and payment method; 7 Disposal of attachments and related facilities on the ground after the expiration of the circulation contract; 8 liability for breach of contract.
Forty-first land contractual management rights can be transferred within the community, and can also break the boundaries between regions, industries and urban and rural areas, and implement cross-regional, cross-industry and cross-ownership transfer.
Forty-second industrial and commercial enterprises are allowed to lease contracted land for farmers, and adopt the mode of company plus farmers and contract agriculture to drive farmers to develop industrialized operation and provide socialized services for farmers.
Article 43 The contractor voluntarily transfers the contracted land to the employer for operation, or rents it out without the guidance of the employer, and the transfer period shall be the same, so as to facilitate the operation and management of the transferee.
Article 44 If the contractor transfers the contracted land by subcontracting or leasing for less than one year, it may not sign the contract for the transfer of the contracted land management right.
Article 45 If the contractor voluntarily transfers the contracted land to the employer, it shall not reapply for the land to the employer within the time limit stipulated in the transfer contract.
Forty-sixth land contractual management rights transfer fees include subcontracting fees, transfer fees, rents, dividends, etc. The transfer fee is collected once a year, and the share cooperation can be distributed by 1-2 times. The transfer fee cannot be collected in advance at one time during the transfer period.
Article 47 When signing a land lease contract with a foreign-funded enterprise, the employer shall stipulate that the rent will increase gradually, so as to ensure that farmers' income will continue to increase in the case of land appreciation.
Forty-eighth when the employer leases the land to leading agricultural enterprises or agricultural industrial and commercial enterprises, the contract signed shall stipulate that the village labor force shall give priority to employment in the enterprise.
Article 49 The contractor shall inspect and supervise the use of the land after its transfer. If the predatory management causes the output to drop or the land is abandoned, the transfer contract shall be terminated and the contracted land shall be recovered.
Article 50 Agricultural scientific research units shall establish seedling breeding, demonstration and popularization bases in rural areas, develop facility agriculture, and combine it with relevant agricultural demonstration parks, make full use of existing land and facilities, and improve land utilization rate and output rate.
Article 51 When leasing land to villages under its jurisdiction, the township government should investigate whether the lessee has the ability to operate, strictly control the land circulation, and improve the scientific decision-making.
Fifty-second district land management departments, the transferee without authorization to change the nature of the land, resulting in adverse effects, according to the law to give the necessary punishment.
Chapter VII Land Transfer Mode
Article 53 The contracted management right of rural land obtained by the contractor according to law may be transferred through subcontracting, leasing, exchange, transfer and joint-stock cooperation, and its rights and interests shall be protected by law.
Article 54 large professional households operate. The contractor will transfer the contracted land to large planters, and collect the transfer fee reasonably. The large farmers who transfer the land will continue to expand the breeding area and realize scale operation.
Fifty-fifth village collective unified management. After discussion by the villagers' congress, the contractor will transfer the contracted land to the employer for unified management, and the income generated at the end of the year will be distributed to the contractor according to the land rights and interests.
Article 56 Cooperatives shall practise specialized management. The contractor will transfer the contracted land to the land joint-stock cooperative, which will organize the purchase of production materials, technical services and product sales in a unified manner. The contractor organizes production by households, returns profits according to the transaction volume at the end of the year, and pays dividends according to the land shares.
Article 57 Enterprises shall operate independently. The contractor will transfer the contracted land to the employer, and then the employer will lease it to the leading agricultural enterprises, which will operate independently, and the employer will collect the rent and return it to the relevant contractors in full.
Article 58 Village-run enterprises shall jointly operate. The contractor will transfer the contracted land to the employer, and the employer will participate in the enterprise operation in the form of land shares, and the equity income will be cashed to the contractor by shares at the end of the year.
Article 59 Private enterprises shall cooperate in business operations. The contractor directly shares the right to contracted management of land and participates in the operation of joint-stock cooperative enterprises. In addition to enjoying the infrared share, he can also work in an enterprise to earn salary.
Chapter VIII Settlement of Disputes over Land Circulation
Article 60 Disputes arising from the transfer of land contractual management rights within rural collective economic organizations and between contractors may be settled through consultation in accordance with the contract.
Sixty-first rural collective economic organizations should set up a mediation team for disputes over the transfer of land contractual management rights, investigate all kinds of disputes in land transfer, and do a good job in mediation at any time.
Sixty-second township management departments are mediation agencies for land contracting and circulation disputes within their respective administrative areas, and are responsible for mediating land contracting disputes within their respective jurisdictions and helping the parties concerned.
People settle disputes.
Sixty-third district and county people's governments shall establish and improve the rural land contract management right transfer dispute arbitration committee, responsible for the administrative area of land transfer dispute arbitration activities.
Article 64 When applying for arbitration, a party shall submit an application for arbitration, stating the basic information of the applicant and the respondent, the arbitration claim and the facts on which it is based, and provide corresponding evidence.
Sixty-fifth after entering the arbitration procedure, the district and county arbitration departments shall conduct mediation. After the mediation is successful, both parties shall sign the mediation book or press their fingerprints. If mediation fails, arbitration shall be conducted in time.
Article 66 If a party refuses to accept the arbitration award, he may bring a suit in a people's court within 30 days from the date of receiving the award. If no prosecution is filed within the time limit, the ruling will take legal effect.
Article 67 If the parties are unwilling to negotiate, mediate or arbitrate, or if negotiation, mediation or arbitration fails, they may bring a suit in a people's court.
Sixty-eighth district, county and township governments shall establish and improve the linkage mechanism of dispute mediation. Give play to the functions of agricultural administration, contract management, land management and labor security, start a multi-sectoral linkage mechanism, and solve land transfer disputes in a timely manner.
Article 69 After both parties sign the land transfer contract, one party reneges. If both parties fail to negotiate, this contract will continue to take effect, and neither party may change or terminate this contract without authorization.
Article 70 If the transfer contract cannot be performed due to the fault of the parties, the party at fault shall bear the liability for breach of contract; if both parties are at fault, they shall bear their respective liabilities for breach of contract.
Article 71 The employer shall, according to the different needs of the contractor for land, set up farmers' self-planting areas and land circulation scale management areas. For those unwilling to transfer, the way of exchanging contracted land can be adopted to properly solve the contradiction between individual contracted land unwilling to transfer and contiguous transfer.
Article 72 After the contracted land is transferred, if the state expropriates the land, the compensation fee for the newly-added overground objects and young crops shall be owned by the transferee, and the compensation fee for the land and the original infrastructure shall be owned by the contractor.
Chapter IX Safeguard Measures for Land Circulation
Article 73 Township governments and village-level organizations should strengthen publicity and guidance to farmers, so that they can clearly understand the inevitable trend of developing land scale management and urbanization, and consciously enhance the sense of urgency of land circulation.
Article 74 The township government shall, according to the local industrial structure, formulate a labor transfer plan, guide more laborers to enter non-agricultural jobs, and reduce the number of farmers.
Seventy-fifth township government innovation of rural labor employment training mechanism. Facing the rural surplus labor force, we will hold regular vocational skills training and job fairs to continuously improve farmers' comprehensive quality and employment opportunities.
Seventy-sixth township governments and key enterprises in their respective jurisdictions signed the "Responsibility Letter for Employment Targets" to give certain rewards to enterprises that recruited more local labor in that year.
Article 77 Enterprises and institutions shall, in accordance with the relevant policies and regulations of the state, provide endowment insurance and medical insurance for migrant workers who flow into their own units, so that they can enjoy the same national treatment as citizens and relieve the worries of landless farmers.
Seventy-eighth use entrepreneurship to promote employment. Encourage farmers who transfer land to start their own businesses, set up social service organizations such as irrigation and drainage, pest control, improved seed promotion, water pipe maintenance, village cleaning and so on around the needs of agriculture and rural areas, and expand the scope of non-agricultural employment.
Article 79 District, county and township governments should attach importance to the production and operation after land transfer, and try their best to help large professional households, leading agricultural enterprises and farmers' land cooperatives solve practical problems in production, processing and sales, so as to promote their sound and rapid development.
Article 80 District, county and township governments shall introduce incentive policies. Give appropriate subsidies to farmers who voluntarily transfer land; Give financial support to large professional households who have developed large-scale land management and achieved remarkable results; Give certain financial incentives to leading agricultural enterprises and farmers' professional cooperatives that promote farmers' employment.
Article 81 Where the secondary and tertiary industries are relatively developed, there are more employment opportunities, farmers' income is relatively stable, and land revenue is no longer the main source, we should actively guide and promote the transfer of land contractual management rights. Where conditions are not available for the time being, we should act cautiously and cannot enforce it.
Chapter X Supplementary Provisions
Article 82 The rural land mentioned in these Detailed Rules refers to the cultivated land collectively owned by farmers, excluding woodland, grassland and "four barren" land (referring to barren hills, gullies, hills and beaches).
Article 83 Subcontracting means that the contractor transfers part or all of the contracted management right of 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.
Article 84 Transfer means that the contractor has a stable non-agricultural occupation or a stable source of income, and after the application of the contractor and the consent of the employer, it transfers part or all of the land contractual management right to other farmers engaged in agricultural production and operation, so that they can fulfill 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.
Article 85 Exchange refers to the exchange of contracted land belonging to the same collective economic organization between contractors for the convenience of farming or their own needs, and the exchange of corresponding land contractual management rights.
Article 86 Lease means that the contractor leases part or all of the contracted management right of the land 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.
Article 87 Joint-stock cooperation refers to the cooperation in agricultural production and operation between contracted operators who practice household contract management mode and use the right of contracted management of land as a share to develop the agricultural economy. Contractors of other contracting methods quantify the right to contracted management of land into equity, set up joint-stock companies or cooperatives, and engage in agricultural production and operation.