Legal analysis
It is valid during the contract period, and the contract will take effect from the date of establishment. The contractor shall obtain the right to contracted management of land from the date of establishment, and the contractor shall obtain the right to contracted management of land from the date of establishment. The local people's governments at or above the county level shall issue certificates such as land contractual management right certificates or forest right certificates to the contractors, and register them to confirm the land contractual management right. The issuance of certificates such as land contractual management right certificate and forest right certificate shall not charge other fees except for the fee for the certificate as required. After the contract comes into effect, the employer shall not change or terminate it because of the change of the contractor or the person in charge, nor shall it change or terminate it because of the division or merger of the collective economic organizations. State organs and their staff members shall not interfere with rural land contracting or change or terminate the contract by using their functions and powers. Land transfer agreement, including lease, transfer, subcontract, exchange and other forms, must sign a written contract. An oral contract is invalid. However, if the land has been farmed by others for less than one year, a written contract may not be signed. According to the relevant regulations, the right to contracted management of land is transferred by subcontracting, leasing, exchanging, transferring or other means, and both parties shall sign a written contract. Transfer by transfer shall be subject to the consent of the employer; Subcontracting, leasing, exchange or other transfer methods shall be reported to the Employer for the record.
legal ground
Agricultural Law of People's Republic of China (PRC) Article 10 The state practices the contracted management system of rural land, ensures the long-term stability of rural land in contract relationship according to law, and protects farmers' right to use contracted land. The Land Management Law of the People's Republic of China and the Rural Land Contract Law of People's Republic of China (PRC) shall apply to the mode and time limit of contracted management of rural land, the rights and obligations of the employer and the contractor, and the protection and circulation of the contracted management right of land. Rural collective economic organizations shall, on the basis of household contract management, manage collective assets according to law, provide members with services such as production, technology and information, organize the rational development and utilization of collective resources, and strengthen economic strength.