In order to regulate the behavior of rural land circulation in our city and promote the development of agriculture and rural economy, these measures are formulated in accordance with the Rural Land Contract Law, the Measures for the Administration of the Circulation of Rural Land Contracted Management Right and relevant regulations, and combined with the actual situation of our city.
Article 1 These Measures shall apply to the circulation of the contracted management right of rural land, such as cultivated land, woodland, barren hills, barren ditches, barren slopes, barren beaches, etc., obtained by rural collective economic organizations within the administrative area of this Municipality in accordance with the law through household contracted management mode and bidding, auction and public consultation.
Second city set up rural land circulation management office, responsible for publicizing and implementing the national land circulation policy, guiding the township (street) land circulation work, and studying and solving new situations and problems in land circulation.
Article 3 A town (street) shall set up a land transfer service center to guide the rural land transfer work within its jurisdiction, collect and publish land transfer information, and provide land transfer intermediary services.
Article 4 Village-level land transfer service stations shall be established, and village accountants shall concurrently serve as land transfer information officers. The main tasks are:
(a) to collect and publish information on land circulation in the village, guide and supervise the signing and performance of contracts, and mediate disputes over land circulation.
(two) to transfer in the town (street), timely report the information to the town (street) land transfer service center.
(three) entrusted by the contractor, can perform the relevant obligations on behalf of the contractor and the land transfer demander.
The fifth group set up the land transfer service contact point, the main task is:
(a) under the guidance of the village land circulation service station, specifically responsible for the collection and release of land circulation information of this group.
(two) for the village land transfer, timely report information to the village land transfer service station.
Article 6 The circulation of rural land contractual management rights shall follow the following principles:
(a) follow the principle of equal consultation, voluntariness and compensation according to law;
(two) shall not change the nature of land ownership and agricultural use of land;
(3) The circulation period shall not exceed the remaining period of the contract period;
(four) the transferee must have the ability to operate agriculture;
(5) Under the same conditions, members of this collective economic organization enjoy priority.
Chapter II Forms of Land Circulation
Seventh rural land contractual management rights can be transferred through subcontracting, leasing, exchange, transfer, shareholding or other ways in line with laws and national policies.
Article 8 The transferee shall obtain the consent of the original contractor before transferring the land transferred by the contractor by subcontracting or leasing.
Article 9 If the contractor transfers the contracted management right of rural land in part or in whole through subcontracting, leasing or shareholding according to law, the contractual relationship between the contractor and the employer shall remain unchanged, and the rights and obligations of both parties shall remain unchanged.
Article 10 Contractors of the same collective economic organization voluntarily exchange the contracted management right of land, and the original contracted rights and obligations of both parties are also exchanged accordingly, and the parties concerned shall go through the registration formalities for the change of the contracted management right certificate of rural land.
Article 11 A contractor may voluntarily invest in contracted land and develop agricultural cooperative production, but when the joint-stock cooperative system is dissolved, the land invested by it shall be returned to the original contractor.
Chapter III Conditions and Procedures for Land Transfer
Twelfth rural land contractual management rights transfer should meet the following conditions:
(1) The ownership of the contracted management right of rural land is clear;
(two) the contractor has the willingness to transfer its rural land contractual management right;
(three) the transferee should have the ability to operate agriculture;
(four) the contractor and the transferee reached an agreement on the mode, price and time limit of circulation through equal consultation;
(five) the land use after the transfer is in line with the provisions of national laws and regulations.
Article 13 Circulation procedures
(1) filing an application. The land contractor or demander shall apply to the grass-roots land transfer service institution.
(2) Inspection and acceptance. After receiving the application, the land transfer service institution shall review and accept it according to the situation of the parties and relevant information.
(3) Evaluation and listing. For large-scale projects with long circulation time, the personnel of relevant departments of agriculture and agricultural economics will comprehensively evaluate the land quality grade and circulation price, and after the evaluation, the information of both the supply and demand sides will be listed and publicized.
(4) Consultation on an equal footing. On the basis of voluntariness and equality, the contractor and the buyer negotiate and reach an agreement on the circulation mode, price, time limit and specific conditions.
(5) sign a contract. When signing the land transfer contract, use the "Land Contracted Management Right Transfer Contract" uniformly printed by the Municipal Rural Economic Management Bureau.
(6) Verification and filing. The transfer contract is in quadruplicate, each party holds one copy, and the town (office) land transfer service center holds one copy. Both parties may apply to the town (street) land transfer service center for contract verification. After the contract is signed and confirmed, all materials shall be sorted and filed.
Farmers independently transfer contracted land, the two sides negotiated and reached an agreement on the transfer mode, price, time limit and payment method of transfer income, signed a written contract and submitted it to the village land transfer service station for review and filing. The contractor may not sign a written contract if he hands over the land to others for farming for less than one year.
Chapter IV Land Circulation Management
Fourteenth rural land contractual management rights transfer contract expires, and the transferee needs to continue to transfer the land, it shall apply to the contractor for renewal within six months before the expiration of the transfer contract. After reaching an agreement through consultation, the rural land contractual management right transfer contract shall be re-signed and the filing procedures shall be handled.
Fifteenth during the transfer period, if the land is requisitioned and occupied according to law, the compensation fee for the attachments on the ground shall be handled according to the transfer contract. If there is no agreement in the contract, it shall be handled by both parties through consultation; Land compensation fees and resettlement subsidies shall be implemented according to relevant policies.
Sixteenth the employer has one of the following acts, the town (street) land contract management department shall order it to make corrections within a time limit, and bear the responsibility of stopping the infringement, returning the original things, restoring the original state, eliminating obstacles, eliminating dangers and compensating for losses:
(a) take the circulation as an opportunity to recover and adjust the contracted land;
(two) forcing or obstructing the contractor to transfer the right to contracted management of land;
(three) forcing the contractor to give up or change the right to contracted management of land under the guise of the minority obeying the majority;
(four) occupation, interception, withholding the contractor's land transfer income;
(five) other violations of rural land contractual management rights.
Seventeenth the transferee has one of the following acts, the employer shall instruct the parties to make corrections within a time limit:
(a) The transferee fails to pay the transfer price to the contractor as agreed in the contract;
(two) after the transfer contract comes into effect, the transferee has no actual agricultural production and operation activities within one year, resulting in idle or abandoned land;
(3) Changing the agricultural use of land.
Eighteenth rural land contract management rights transfer disputes, in accordance with the "People's Republic of China (PRC) rural land contract law" and "People's Republic of China (PRC) rural land contract management dispute mediation and arbitration law" to deal with.
Disputes or disputes arising in the circulation of rural land contractual management rights shall be settled through consultation according to law. If the parties fail to reach an agreement through consultation, they may request the township land contracting and circulation agency for mediation. If the parties are unwilling to negotiate or mediation fails, they may apply to the arbitration institution of rural land contract disputes in the city for arbitration, or they may directly bring a suit in the people's court.
Supplementary rules
Nineteenth the right to interpret these measures belongs to yongji city Rural Economic Management Bureau.
Article 20 These Measures shall come into force as of 2065438+65438 in 00+65438 in 0+0.