Chinese Communist Measures for the Administration of the Circulation of Rural Land Management Rights

 Order of the Ministry of Agriculture and Rural Affairs of the People's Republic of China

No. 1 of 2021

The Measures for the Administration of the Circulation of Rural Land Management Rights, which were deliberated and adopted at the 1st executive meeting of the Ministry of Agriculture and Rural Affairs on January 10, 2021, are hereby promulgated, and shall come into force on March 1, 2021.

Tang Renjian

January 26, 2021

Measures for the Administration of the Circulation of Rural Land Management Rights

Chapter 1 General Provisions

Article 1　In order to regulate the transfer of rural land management rights (hereinafter referred to as land management rights), protect the legitimate rights and interests of the parties involved in the transfer, accelerate the modernization of agriculture and rural areas, and maintain the harmony and stability of the rural society, in accordance with the "Rural Land Contract Law of the People's Republic of China" and other laws and related laws regulations, formulate this method.

Article 2 The　transfer of land management rights shall adhere to the basic system of collective ownership of rural land by farmers and contracted management by farmers' households, maintain a stable and long-term rural land contractual relationship, and follow the principles of law, voluntariness, and compensation, and no organization or individual may force or hinder The contractor transfers the land management right.

Article 3 The　transfer of land management rights shall not damage the lawful rights and interests of rural collective economic organizations and interested parties, shall not damage the comprehensive agricultural production capacity and the agricultural ecological environment, shall not change the ownership nature of contracted land and its agricultural use, and ensure that agricultural land is used for agricultural purposes. It is used for food production to prevent the "non-agriculturalization" of arable land and the "non-grain transformation" of arable land.

Article 4 The　transfer of land management rights shall be carried out in an orderly manner according to local conditions, and the degree of transfer, concentration and large-scale operation shall be well grasped. In line with the improvement of the level of agricultural socialization services, encourage all localities to establish various forms of risk prevention and protection mechanisms for the transfer of land management rights.

Article 5 The Ministry of 　Agriculture and Rural Affairs shall be responsible for the guidance of the management of the transfer of land management rights and transfer contracts nationwide.

The agricultural and rural administrative department (rural management) of the local people's government at or above the county level shall, in accordance with its duties, be responsible for the transfer of land management rights and the management of transfer contracts within its own administrative area.

The township (town) people's government shall be responsible for the transfer of land management rights and the management of transfer contracts within its own administrative area.

Chapter II Circulation Parties

Article 6 The　contractor shall have the right to independently decide whether the land management right shall be transferred or not, as well as the object, method and duration of the transfer within the contract period.

Article 7 The　proceeds from the transfer of land management rights belong to the contractor, and no organization or individual may withhold or withhold without authorization.

Article 8 If the 　contractor voluntarily entrusts the contract issuing party, intermediary organization or others to transfer its land management rights, the contractor shall issue a power of attorney for the transfer. The power of attorney shall specify the matters entrusted, the authority and the time limit, etc., and shall be signed or sealed by the principal and the trustee.

Without the written entrustment of the contractor, no organization or individual has the right to decide in any way to transfer the contractor's land management rights.

Article 9　The transferee of the land management right transfer shall be an organization or individual with agricultural management capability or qualification. Under the same conditions, members of this collective economic organization enjoy priority.

Article 10　The method, time limit, price and specific conditions for the transfer of land management rights shall be determined through equal negotiation between the two parties to the transfer. After the expiry of the transfer period, the transferee has the priority to renew the contract with the same conditions.

Article 11　The transferee shall protect the land in accordance with the relevant laws and regulations, and prohibit changing the agricultural use of the land. It is forbidden to leave idle or barren arable land, and it is forbidden to occupy arable land to build kilns, tombs, or to build houses, dig sand, quarry, mine, and borrow soil on arable land without authorization. It is forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish.

Article 12　Where the transferee re-transfers the land management right obtained from the transfer and provides financing guarantee to a financial institution, it shall obtain the prior written consent of the contractor and file with the contract-issuing party.

Article 13　With the consent of the contractor, if the transferee invests in the improvement of soil according to law, builds auxiliary and supporting facilities for agricultural production, and facilities that are directly used for crop planting and livestock and poultry aquaculture in agricultural production, the land management right transfer contract shall expire or If the contracted land is reclaimed in advance by the contractor before the expiration date, the transferee shall have the right to obtain reasonable compensation. The specific compensation method may be agreed in the land management right transfer contract or determined through negotiation between the two parties.

Chapter 3 Circulation Methods

Article 14 The　contractor may transfer the land management right by lease (subcontract), shareholding or other methods in accordance with relevant laws and national policies.

Leasing (subcontracting) means that the contractor leases part or all of the land management rights to others for agricultural production and operation.

Shareholding means that the contractor makes part or all of the land management right as a capital contribution, becomes a shareholder or member of a company or a cooperative economic organization, etc., and uses it for agricultural production and operation.

Article 15　Where the contractor transfers part or all of the land management right by leasing (subcontracting), buying shares or other methods in accordance with the law, the contracting relationship between the contractor and the contract issuing party remains unchanged, and the rights and obligations of both parties remain unchanged.

Article 16 Where a　contractor voluntarily invests the land management right into a company to develop agricultural industrialization, it may reduce the contractor's risks by means of preference shares. When the company is dissolved, the land it has invested in shall be returned to the original contractor.

Chapter IV Circulation Contract

Article 17 When the　contractor transfers the land management right, it shall sign a written transfer contract with the transferee on the basis of consensus through consultation, and file it with the contract issuing party.

If the contractor has handed over the land to others for farming for not more than one year, it is not necessary to sign a written contract.

Article 18 Where the　contractor entrusts the contract issuing party, intermediary organization or others to transfer the land management rights, the transfer contract shall be signed by the contractor or the trustee entrusted by it in writing.

Article 19　A land management right transfer contract generally includes the following contents:

(1) The names, domiciles, contact information, etc. of both parties;

(2) The name, location, area, quality grade, land type, plot code, etc. of the land to be transferred;

(3) The time limit and start and end date of the circulation;

(4) the way of circulation;

(5) The use of the transferred land;

(6) the rights and obligations of both parties;

(7) Circulation price or share dividend, and payment method and payment time;

(8) Disposal of ground attachments and related facilities after the contract expires;

(9) The ownership of the relevant compensation fees when the land is expropriated, requisitioned or occupied according to law;

(10) Liability for breach of contract.

The model text of the land management right transfer contract shall be formulated by the Ministry of Agriculture and Rural Affairs.

Article 20　The contractor shall not unilaterally rescind the land management right transfer contract, unless the transferee has one of the following circumstances:

(1) changing the agricultural use of the land without authorization;

(2) Abandoned farmland for more than two consecutive years;

(3) causing serious damage to the land or seriously destroying the ecological environment of the land;

(4) Other serious breaches of contract.

Under the above circumstances, if the contractor does not terminate the land management right transfer contract within a reasonable period, the contract issuing party has the right to request the termination of the land management right transfer contract.

The transferee shall compensate the damage caused to the land and the ecological environment of the land according to law.

Chapter 5 Circulation Management

Article 21 The　contract-issuing party shall go through the filing procedures and report to the township (town) people's government for the transfer of the land management right by the contractor, the transfer of the land management right by the transferee, and the financing guarantee by the contractor and the transferee using the land management right. Rural land contract management department.

Article 22 The　rural land contract management department of the township (town) people's government shall provide the two parties who have reached the intention of circulation with a circulation contract in a unified text format, and guide the signing. Any violation of laws and regulations in the circulation contract shall be corrected in a timely manner.

Article 23 The　rural land contract management department of the township (town) people's government shall establish a ledger for the transfer of land management rights, and record the transfer situation in a timely and accurate manner.

Article 24 The　rural land contract management department of the township (town) people's government shall archive and properly keep the relevant documents, materials and circulation contracts on the transfer of land management rights.

Article 25　All localities are encouraged to establish a land management right transfer market or a rural property right trading market. The competent agricultural and rural departments (rural management) of the local people's governments at or above the county level shall strengthen business guidance, urge them to establish and improve operational rules, and standardize policy consultation, information release, contract signing, transaction verification, equity assessment, and financing guarantees for the transfer of land management rights. , file management and other services.

Article 26 The　competent agricultural and rural departments (rural management) of the local people's governments at or above the county level shall, in accordance with unified standards and technical specifications, establish national, provincial, municipal, county and other interconnected rural land contracting information application platforms, and improve land management rights. The online signing system of circulation contracts has improved the standardization and information management of the circulation of land management rights.

Article 27 The　agricultural and rural administrative department (rural management) of the local people's government at or above the county level shall strengthen the guidance on the work of the rural land contract management department of the township (town) people's government. The rural land contract management department of the township (town) people's government shall carry out the guidance and management of the transfer of land management rights in accordance with the law.

Article 28 The　competent agricultural and rural departments (rural management) of the local people's governments at or above the county level shall strengthen services and encourage the transferee to develop grain production; encourage and guide industrial and commercial enterprises and other social capital (including legal persons, unincorporated organizations or natural persons, etc. ) to develop a modern planting and breeding industry suitable for enterprise management.

The agricultural and rural administrative department (rural management) of the local people's government at or above the county level shall guide the transferee to develop an appropriate scale of operation based on factors such as natural economic conditions, the transfer of rural labor force, and the level of agricultural mechanization, so as to prevent the establishment of large households.

Article 29 The　local people's government at or above the county level shall establish a system of graded qualification examination and project examination according to law for the transfer of land management rights by industrial and commercial enterprises and other social capital. The general procedure for review and audit is as follows:

(1) The transferee and the contractor shall negotiate on the transfer area, time limit, price, etc., and sign a transfer intention agreement. If it involves collective resources such as collective land that has not been contracted to households, it shall obtain the consent of 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 in accordance with legal procedures, and sign a transfer intention with the collective economic organization. agreement.

(2) The transferee shall submit an application to the rural land contract management department of the township (town) people's government or the agricultural and rural competent (rural management) department of the local people's government at or above the county level, and submit an agreement of intention to transfer in accordance with the provisions of hierarchical review and examination , agricultural management ability or qualification certificate, transfer project planning and other related materials.

(3) The local people's government at or above the county level or the township (town) people's government shall organize relevant functional departments, representatives of rural collective economic organizations, farmers representatives, experts, etc. Grain production and other industrial planning will be reviewed and reviewed, and review and review opinions will be made within 20 working days from the date of acceptance.

(4) If the examination and approval is approved, the transferee and the contractor shall sign a land management right transfer contract. Those who fail to submit an application for review and review as required or fail to pass the review and review shall not carry out the transfer of land management rights.

Article 30　Local people's governments at or above the county level shall legally establish a risk prevention system for industrial and commercial enterprises and other social capital to obtain land management rights through circulation, strengthen interim and ex post supervision, and promptly investigate and correct violations of laws and regulations.

Encourage contractors and transferees to openly trade in the land management right transfer market or the rural property rights transaction market.

For projects with large transfer area of ​​land management rights in the whole village (group), involving more farmers, and with high operating risks, both parties can negotiate to establish a risk guarantee fund.

Encourage insurance institutions to provide various forms of insurance services such as circulation performance guarantee insurance for the circulation of land management rights.

Article 31　Rural collective economic organizations that provide services for industrial and commercial enterprises and other social capital to transfer land management rights may charge appropriate management fees. The amount and method of collecting management fees shall be determined through consultation among the rural collective economic organizations, contractors, industrial and commercial enterprises and other social capital. Administrative expenses shall be included in the accounting and financial management of rural collective economic organizations, and shall be mainly used for farmland capital construction or other public welfare expenditures.

Article 32　Local people's governments at or above the county level may, in accordance with these Measures and in light of the actual circumstances of their respective administrative regions, formulate detailed implementation rules for the qualification examination, project examination and risk prevention for industrial and commercial enterprises and other social capital to obtain land management rights through circulation.

Article 33 In the 　event of a dispute or dispute arising from the transfer of land management rights, the parties may resolve it through negotiation, or may request the villagers committee, township (town) people's government, etc. to conduct mediation.

If the parties are unwilling to negotiate, mediate or fail to negotiate or mediate, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court.

Chapter VI Supplementary Provisions

Article 34　The term "rural land" as mentioned in these Measures refers to the cultivated land and other land used for agriculture that are collectively owned by farmers and owned by the state and used collectively by farmers in accordance with the law, except for forest land and grassland.

The term “transfer of rural land management rights” as mentioned in these Measures refers to the fact that under the premise that the contracting relationship between the contractor and the contract-issuing party remains unchanged, the contractor transfers part or all of the land management rights to others to carry out agricultural production and operation independently within a certain period of time according to law. behavior.

Article 35　Those who contract rural land such as barren hills, barren ditch, barren hills, barren shoals, etc. through bidding, auction and public consultation, and have obtained the ownership certificate after registration according to law, can transfer the land management right, and the transfer management shall refer to these measures implement.

Article 36　These Measures shall come into force on March 1, 2021. The Administrative Measures for the Circulation of Rural Land Contractual Management Rights (Order No. 47 of the Ministry of Agriculture) promulgated by the Ministry of Agriculture on January 19, 2005 shall be repealed at the same time.