The Ministry of Agriculture and Rural Affairs plans to stipulate: Strictly control the conversion of cultivated land into other agricultural land.
CCTV News:The website of the Ministry of Agriculture and Rural Affairs reported on the 10th that in order to standardize the management of rural land contract and safeguard the legitimate rights and interests of the contracting parties, the Ministry of Agriculture and Rural Affairs drafted the Measures for the Management of Rural Land Contract (Draft for Comment) according to the Civil Code of People’s Republic of China (PRC), the Rural Land Contract Law of People’s Republic of China (PRC) and other laws and relevant regulations, and now it is open to the public for comments. The opinion draft proposes that the contracted management of rural land should abide by laws and regulations and protect the rational development and sustainable utilization of land resources. Strictly control the conversion of cultivated land into other agricultural land, and cultivated land should be given priority in the production of grain and agricultural products such as cotton, oil, sugar and vegetables. The employer and the contractor shall fulfill their obligations to protect rural land according to law.
Measures for the Administration of Rural Land Contract (Draft for Comment)
Chapter I General Provisions
the first In order to standardize the management of rural land contract and safeguard the legitimate rights and interests of the contracting parties, these measures are formulated in accordance with the Civil Code of People’s Republic of China (PRC), the Rural Land Contract Law of People’s Republic of China (PRC) and other laws and relevant regulations.
the second Rural land contract management should adhere to the collective ownership of rural land by farmers, adhere to the basic position of family management, and keep the rural land contract relationship stable and unchanged for a long time.
Article Members of rural collective economic organizations have the right to contract rural land contracted by the collective economic organizations according to law, and women and men enjoy equal rights to contract rural land.
Article 4 The contracted management of rural land shall abide by laws and regulations and protect the rational development and sustainable utilization of land resources. Strictly control the conversion of cultivated land into other agricultural land, and cultivated land should be given priority in the production of grain and agricultural products such as cotton, oil, sugar and vegetables. The employer and the contractor shall fulfill their obligations to protect rural land according to law.
Article 5 The contracted management of rural land shall sign a contract according to law. The right to contracted management of land shall be established when the contract takes effect.
Article 6 Where a contract is concluded, altered or terminated, an investigation on the right to contracted management of land shall be conducted according to law.
Article 7 The Ministry of Agriculture and Rural Affairs is responsible for the guidance of rural land contract management throughout the country.
The competent agricultural and rural departments of local people’s governments at or above the county level shall be responsible for the management of rural land contracts within their respective administrative areas.
The township (town) people’s government is responsible for the management of rural land contract within its administrative area.
Chapter II Contracting Procedures
Article 8 The villagers’ meeting of members of the collective economic organization shall elect a contracting working group according to law.
The contracting working group shall formulate the contracting plan according to law and publicize it within the scope of the collective economic organization for not less than 10 working days.
The contract scheme shall be approved by more than two thirds of the members of the villagers’ meeting of the members of the collective economic organization or more than two thirds of the villagers’ representatives according to law.
Article 9 The contract scheme shall meet the following requirements:
(a) the contract procedure specification;
(2) The contents of the contract scheme are legal;
(three) to protect the legitimate rights and interests of members of rural collective economic organizations;
(four) shall not illegally recover or adjust the contracted land;
(five) other matters stipulated by laws, regulations and rules.
The department in charge of agriculture and rural areas of the local people’s government at or above the county level (rural management) and the rural land contract management department of the township (town) people’s government shall guide the employer to formulate the contract scheme according to law, and supervise and inspect the contract scheme. If it is found that the contract scheme does not meet the requirements of the preceding paragraph, it shall promptly notify the employer to correct it.
Article 10 The contracting working group publicly organizes the implementation of the contracting plan and signs the contract according to law.
Chapter III Formation, Modification and Termination of Contract
Article 11 The employer and the contractor shall conclude a contract in writing.
The model contract text shall be formulated by the Ministry of Agriculture and Rural Affairs.
Article 12 A contract is established when both parties sign, seal or fingerprint it.
Article 13 During the contract period, in any of the following circumstances, the contract shall be changed:
(a) part of the transfer of land contractual management rights;
(two) the exchange of land contractual management rights;
(3) The contracted land is partially expropriated;
(four) the contractor voluntarily returned part of the contracted land;
(five) the employer adjusts the contracted land according to law;
(six) other circumstances stipulated by laws, regulations and rules.
Where the contract is changed, the changed contract term shall not exceed the remaining period of the contract term.
Article 14 During the contract period, the contract shall be terminated under any of the following circumstances:
(1) The contractor dies;
(two) the right to contracted management of land has been completely transferred;
(3) The contracted land has been totally expropriated;
(four) the contractor voluntarily returned all the contracted land;
(five) other circumstances stipulated by laws, regulations and rules.
Article 15 If the contracted land is expropriated, the employer adjusts the contracted land according to law or the contractor dies, the employer shall be responsible for organizing the change and termination of the contract.
Except in the circumstances specified in the preceding paragraph, if the contract is changed or terminated, the contractor shall apply to the employer and submit the following materials:
(a) a written application for alteration or termination of the contract;
(2) The original contract;
(3) The land contractual management right exchange contract, transfer contract, application or agreement for withdrawal of the contracted land and other relevant certification materials;
(four) written materials for all family members who have the right to contracted management of land to agree to change or terminate the contract;
(five) other materials as prescribed by laws, regulations and rules.
Article 16 During the contract period, if the contracted land between individual farmers needs to be properly adjusted due to special circumstances such as serious damage to the contracted land by natural disasters, the employer shall formulate an adjustment plan for the contracted land, and it must be agreed by more than two-thirds of the members of the villagers’ meeting of the collective economic organization or more than two-thirds of the villagers’ representatives. If it is stipulated in the contract that no adjustment shall be made, such agreement shall prevail.
Within 20 working days from the date of adoption of the adjustment plan, the employer shall submit the adjustment plan and other materials in duplicate to the rural land contract management department of the township (town) people’s government for approval.
The rural land contract management department of the township (town) people’s government shall, within 20 working days from the date of acceptance, complete the examination and approval of the adjustment plan and report it to the competent agricultural and rural (rural management) department of the local people’s government at or above the county level for approval; For the adjustment scheme that violates laws and regulations, it shall promptly notify the employer to make corrections and re-apply for approval.
The agricultural and rural administrative department of the local people’s government at or above the county level shall complete the examination and approval of the adjustment plan within 20 working days from the date of acceptance; For the adjustment scheme that violates laws and regulations, it shall promptly notify the employer to make corrections and re-apply for approval.
If the adjustment scheme fails to apply for approval according to law or the application for approval fails, the employer shall not adjust the contracted land.
Article 17 The contractor may voluntarily return part or all of the contracted land to the employer, and the contract relationship between the original contractor and the employer on the land shall be terminated. During the contract period, the original contractor’s land contractual management right shall be partially or completely eliminated, and no land contracting shall be required.
If the contractor voluntarily returns the contracted land, it shall notify the employer in writing six months in advance. The contractor shall have the right to obtain corresponding compensation for his investment in the contracted land to improve the land production capacity. Other compensation returned to the contracted land shall be decided by the employer and the contractor through consultation.
Article 18 In order to facilitate farming or meet their own needs, contractors can exchange the land contractual management rights of different contracted plots belonging to the same collective economic organization.
Where the contractual management right of land is exchanged, a written contract shall be signed and filed with the employer.
The swap contract submitted by the contractor for the record shall meet the following requirements:
(a) the two sides of the swap are farmers belonging to the same collective economic organization;
(2) The contract period after the exchange shall not exceed the remaining period of the contract period;
(three) other matters stipulated by laws, regulations and rules.
After the exchange contract is put on record, both parties to the exchange shall change the contract with the employer in time. If the swap contract does not meet the above requirements, the employer shall promptly notify the contractor to make corrections and re-record.
Article 19 Upon the application of the contractor and the consent of the employer, the contractor may transfer part or all of the contracted land management right to other farmers of the collective economic organization.
Where the contractor transfers the right to contracted management of land, it shall submit an application to the employer in writing, and the employer shall make a decision according to law. Without the consent of the employer, the contract for the transfer of land contractual management rights is invalid, except that the employer cannot give reasons for disagreement or fails to express his position within a reasonable period of time.
If the transfer of land contractual management right meets the following conditions, the employer shall agree:
(1) The transferee is a farmer of the collective economic organization;
(2) The contracted period after the transfer shall not exceed the remaining period of the contracted period;
(three) other matters stipulated by laws, regulations and rules.
Where the right to contracted management of land is transferred, a written contract shall be signed, and the transferee and the employer shall sign a contract. The contract relationship of the original contractor and the employer on the land shall be terminated, and the original contractor’s land contractual management right shall be partially or completely eliminated during the contract period, and no land contract shall be required.
Chapter IV Management of Contract
Article 20 The contract shall meet the following requirements:
(a) the text specification of the contract;
(2) The contents of the contract are legal;
(3) The signatures, seals or fingerprints of both parties;
(four) other matters stipulated by laws, regulations and rules.
The department in charge of agriculture and rural areas of the local people’s government at or above the county level and the rural land contract management department of the township (town) people’s government shall guide the employer and the contractor to conclude, modify or terminate the contract according to law, and supervise and inspect the contract. If it is found that it does not meet the requirements of the preceding paragraph, it shall promptly notify the employer to correct it.
Article 21 Documents and materials in various forms and carriers, such as words, charts, audio-visual images and data, which are formed in the management of contract and are of preservation value to the state, society and individuals, should be included in the management of rural land contract files.
The competent agricultural and rural departments of the local people’s governments at or above the county level and the rural land contract management departments of the township (town) people’s governments shall formulate work plans, improve the rules and regulations for archives work, implement special funds, designate staff, and equip with necessary facilities and equipment to ensure the integrity and safety of rural land contract archives.
The employer shall bring the rural land contract files into the village-level file management.
Article 22 The data generated, used and kept in contract management, including land ownership data, geographic information data and other related data, should be included in rural land contract data management.
The agricultural and rural administrative departments of local people’s governments at or above the county level shall be responsible for the management of rural land contract data within their respective administrative areas, organize the work of data collection, use, update, storage and confidentiality, and submit the data to the competent business department at a higher level according to regulations.
Article 23 The competent agricultural and rural (rural management) departments of local people’s governments at or above the county level shall strengthen the informatization construction of rural land contract management, and establish an interconnected rural land contract information application platform for countries, provinces, cities and counties in accordance with unified standards and technical specifications.
Article 24 The competent agricultural and rural departments of the local people’s governments at or above the county level (rural management) and the rural land contract management departments of the township (town) people’s governments shall make use of the rural land contract information application platform to organize the online signing of contract.
Article 25 Contractors and interested parties have the right to inquire and copy the relevant information of rural land contract files and rural land contract data according to law, and the employer, the rural land contract management department of the township (town) people’s government and the agricultural and rural administrative department of the local people’s government at or above the county level shall provide them according to law.
Chapter V Investigation on the Contracted Management Right of Land
Article 26 The survey of the right to contracted management of land shall find out the names of the contracting party and the contractor, the names, ID numbers and addresses of the responsible person of the contracting party and the representative of the contractor, the family members of the contractor, the name, area, boundaries, spatial position, quality grade, land use and other information of the contracted land.
Article 27 The investigation of the right to contracted management of land shall be carried out in accordance with the procedures for the investigation of the right to contracted management of rural land, which generally includes preparatory work, ownership investigation, parcel survey, review and publicity, errata correction, result confirmation, information storage and results archiving.
The investigation rules of rural land contractual management right shall be formulated by the Ministry of Agriculture and Rural Affairs.
Article 28 The results of the survey on the right to contracted management of land shall meet the quality requirements of the survey regulations on the right to contracted management of rural land, and shall be incorporated into the unified management of the information application platform for contracted management of rural land.
Article 29 The department in charge of agriculture and rural areas of the local people’s governments at or above the county level shall organize the investigation of land contractual management rights within their respective administrative areas according to law.
The rural land contract management department of the township (town) people’s government shall investigate the land contract management right within its administrative area according to law.
The investigation of land contractual management rights can be carried out by employing units with corresponding qualifications according to law.
Chapter VI Legal Liability
Article 30 State organs and their staff members who use their functions and powers to interfere with the conclusion, alteration and termination of a contract, thus causing losses to the contractor, shall be liable for damages according to law; If the circumstances are serious, the person directly responsible shall be punished by the higher authorities or the unit to which he belongs; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 31 Illegal acts in the process of rural land contract file management, rural land contract data management and use shall be punished according to the provisions of relevant laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 32 The term "rural land" as mentioned in these Measures refers to cultivated land owned by farmers collectively and owned by the state and other land used for agriculture according to law, except woodland and grassland.
The term "contract" as mentioned in these Measures refers to the land contractual management right contract signed by the employer and the contractor according to law in the household contract mode.
Article 33 Before the implementation of these measures, the contract signed according to law shall remain valid.
Article 34 These Measures shall come into force as of, 2022. The Measures for the Administration of Rural Land Contracted Management Right Certificate issued by the former Ministry of Agriculture on November 14, 2003 (Order No.33 of the Ministry of Agriculture) shall be abolished at the same time.