People's Republic of China (PRC) Rural Land Contract Law

(Adopted at the 29th meeting of the Ninth NPC Standing Committee on August 29th, 2002, promulgated by Decree No.73 of the President of the People's Republic of China, and effective as of March 1 2003)

Chapter I General Principles

Article 1 In order to stabilize and improve the two-tier management system based on household contract management, give farmers long-term and guaranteed land use rights, safeguard the legitimate rights and interests of rural land contractors, and promote agricultural and rural economic development and rural social stability, this Law is formulated in accordance with the Constitution.

Article 2 The term "rural land" as mentioned in this Law refers to cultivated land, woodland, grassland and other land that are collectively owned by farmers and owned by the state and used for agriculture according to law.

Article 3 The State practices the rural land contract management system.

Rural land contracting adopts household contracting within rural collective economic organizations. Rural land such as barren hills, gullies, hills and beaches that are not suitable for household contracting can be contracted through bidding, auction and public consultation.

Article 4 The State protects the long-term stability of rural land in contract relationship according to law.

After the rural land is contracted, the nature of land ownership remains unchanged. The contracted land shall not be bought or sold.

Fifth members of rural collective economic organizations have the right to contract rural land contracted by the collective economic organizations according to law.

No organization or individual may deprive or illegally restrict the rights of members of rural collective economic organizations to contract land.

Sixth rural land contracting, men and women enjoy equal rights. The contract shall protect the legitimate rights and interests of women, and no organization or individual may deprive or infringe upon women's right to land contractual management.

Seventh rural land contracting should adhere to the principles of openness, fairness and justice, and correctly handle the interests of the state, the collective and the individual.

Eighth rural land contracting should abide by laws and regulations, and protect the rational development and sustainable utilization of land resources. Without legal approval, the contracted land shall not be used for non-agricultural construction.

The state encourages farmers and rural collective economic organizations to increase land input, improve soil and improve agricultural production capacity.

Article 9 The state protects the legitimate rights and interests of the owners of collective land and the contractual management rights of the contractors, and no organization or individual may infringe upon them.

Article 10 The State protects contractors from voluntarily transferring the contracted management right of land with compensation according to law.

Eleventh the State Council agricultural and forestry administrative departments in accordance with the responsibilities stipulated by the State Council, responsible for guiding the national rural land contracting and contract management. The administrative departments of agriculture and forestry of local people's governments at or above the county level shall be responsible for rural land contracting and contract management within their respective administrative areas. The township (town) people's government is responsible for rural land contracting and contract management within its administrative area.

Chapter II Household Contract

Section 1 Rights and Obligations of Employers and Contractors

Twelfth farmers collectively owned land belongs to the village farmers collectively owned, managed by the village collective economic organizations or villagers' committees; Belong to the village more than two rural collective economic organizations collectively owned by farmers, contracted by the village rural collective economic organizations or villagers' groups. The village collective economic organizations or villagers' committees shall not change the ownership of the land collectively owned by farmers in the village collective economic organizations.

Rural land owned by the state and used collectively by farmers according to law shall be contracted by rural collective economic organizations, villagers' committees or villagers' groups that use the land.

Article 13 An employing unit shall enjoy the following rights:

(1) contracting rural land owned by collectives or owned by the state and used by collectives according to law;

(two) to supervise the contractor to use and protect the land reasonably according to the purposes agreed in the contract;

(three) to stop the contractor from destroying the contracted land and agricultural resources;

(4) Other rights stipulated by laws and administrative regulations.

Article 14 The employing unit shall undertake the following obligations:

(a) to safeguard the contractor's right to land contractual management, and shall not illegally change or terminate the contract;

(two) respect the production and operation autonomy of the contractor, and shall not interfere with the normal production and operation activities of the contractor according to law;

(three) to provide production, technology, information and other services to the contractor in accordance with the contract;

(four) the implementation of the overall land use planning of counties and townships (towns), and the organization of agricultural infrastructure construction within the collective economic organizations;

(5) Other obligations stipulated by laws and administrative regulations.

Fifteenth the contractor of household contract is the farmer of the collective economic organization.

Article 16 A contractor shall enjoy the following rights:

(a) enjoy the right to use the contracted land, the right to income and the right to transfer the contracted land management right according to law, and have the right to independently organize the production, management and disposal of products;

(2) If the contracted land is requisitioned or occupied according to law, it has the right to obtain corresponding compensation according to law;

(3) Other rights stipulated by laws and administrative regulations.

Article 17 The contractor shall undertake the following obligations:

(a) to maintain the agricultural use of land, and shall not be used for non-agricultural construction;

(two) the protection and rational use of land according to law, and shall not cause permanent damage to the land;

(3) Other obligations stipulated by laws and administrative regulations.

Section 2 Principles and Procedures for Signing Contracts

Eighteenth land contracting shall follow the following principles:

(a) in accordance with the provisions of the unified organization contract, members of the collective economic organization shall exercise the right to land contract equally according to law and may voluntarily give up the right to land contract;

(2) democratic consultation, fairness and reasonableness;

(3) The contracting 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 in accordance with the provisions of Article 12 of this Law;

(4) The signing procedure is legal.

Nineteenth land contracting shall be carried out in accordance with the following procedures:

(a) the villagers' meeting elected members of the collective economic organizations of the contracting working group;

(two) the contracting working group shall formulate and publish the contracting plan according to the provisions of laws and regulations;

(three) to convene a villagers' meeting of members of the collective economic organization according to law to discuss and adopt the contract scheme;

(four) publicly organize the implementation of the contract plan;

(5) sign a contract.

Section 3 Term of Contract and Contract

Article 20 The contracted period of cultivated land is 30 years. Grassland contract period is 30 to 50 years. The contract period of forest land is 30 to 70 years; The forest land contract period of special trees may be extended with the approval of the administrative department of forestry of the State Council.

Article 21 The employer shall sign a written contract with the contractor.

A contract generally includes the following clauses:

(a) The names of the employer and the contractor, and the names and residences of the person in charge of the employer and the representative of the contractor;

(two) the name, location, area and quality grade of the contracted land;

(3) The term of the contract and the start and end dates;

(4) the use of the contracted land;

(five) the rights and obligations of the employer and the contractor;

(6) Liability for breach of contract.

Article 22 A contract shall come into force as of the date of its establishment. After the contract came into effect, the contractor obtained the right to contract and manage the land.

Twenty-third 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 contractors, and register them to confirm the land contractual management right.

When issuing certificates such as land contractual management right certificate and forest right certificate, no other fees shall be charged except for the fee for the certificate as required.

Twenty-fourth after the entry into force of the contract, the employer shall not be changed or dissolved because of the change of the contractor or the person in charge, nor shall it be changed or dissolved because of the division or merger of the collective economic organizations.

Twenty-fifth state organs and their staff shall not use their functions and powers to interfere in rural land contracting or change or terminate the contract.

Section IV Protection of the Contracted Management Right of Land

Twenty-sixth contract period, the employer shall not recover the contracted land.

During the contract period, if the whole family of the contractor moves into a small town to settle down, it shall, according to the wishes of the contractor, retain its land contractual management right or allow it to transfer the land contractual management right according to law.

During the contract period, the contractor's family moved to the city with districts and became non-agricultural registered permanent residence, and the contracted cultivated land and grassland were returned to the employer. If the contractor does not return it, the employer may recover the contracted cultivated land and grassland.

During the contract period, when the contractor returns the contracted land or the employer takes back the contracted land according to law, the contractor has the right to obtain corresponding compensation for its investment in the contracted land to improve the land production capacity.

Twenty-seventh contract period, the employer shall not adjust the contracted land.

During the contract period, if the cultivated land and grassland contracted between individual farmers need to be properly adjusted due to natural disasters and other special circumstances, it must 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, and reported to the township (town) people's government and the agricultural administrative department of the county-level people's government for approval. If there is no adjustment as agreed in the contract, such agreement shall prevail.

Twenty-eighth the following land should be used to adjust the contracted land or contracted to the new population:

(a) motor vehicles retained by collective economic organizations according to law;

(two) the land increased by reclamation according to law;

(3) The contractor voluntarily returns it according to law.

Twenty-ninth during the contract period, the contractor may voluntarily return the contracted land to the employer. If the contractor voluntarily returns the contracted land, it shall notify the employer in writing six months in advance. If the contractor returns the contracted land within the contract period, it shall not request the contracted land again within the contract period.

Thirtieth during the contract period, if a woman gets married and fails to obtain the contracted land in her new residence, the employer shall not take back her original contracted land; If a divorced or widowed woman still lives in her original place of residence or does not live in her original place of residence but has not obtained the contracted land in her new place of residence, the employer shall not take back her original contracted land.

Article 31 The contractor's contracted income shall be inherited in accordance with the provisions of the Inheritance Law.

If the contractor of the forest land contract dies, his successor may continue to contract during the contract period.

Section 5 Transfer of Land Contractual Management Right

Article 32 The right to contracted management of land obtained through household contract can be transferred through subcontracting, leasing, exchange and transfer according to law.

Article 33 The transfer of land contractual management rights shall follow the following principles:

(a) equal consultation, voluntary, paid, no organization or individual may force or hinder the contractor to transfer the right to contracted management of land;

(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.

Article 34 The main body of land contractual management right transfer is the contractor. The contractor has the right to independently decide whether and how to transfer the contracted management right of land according to law.

Article 35 During the contract period, the employer shall not unilaterally terminate the contract on the pretext that the minority is subordinate to the majority, force the contractor to give up or change the right to contracted management of land, or take back the contracted land for bidding and contracting on the grounds of dividing "grain field" and "responsibility field", or take back the contracted land to pay off debts.

Article 36 The subcontracting fee, rent and transfer fee for the transfer of the contracted management right of land shall be determined by both parties through consultation. The transfer income belongs to the contractor, and no organization or individual may intercept or withhold it without authorization.

Article 37 Where the right to contracted management of land is transferred through subcontracting, leasing, exchange or transfer, 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.

The contract for the transfer of land contractual management rights generally includes the following clauses:

(1) Names and domiciles of both parties;

(two) the name, location, area and quality grade of the land;

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

(four) the transfer of land use rights;

(5) Rights and obligations of both parties;

(6) Transfer price and payment method;

(7) Liability for breach of contract.

Thirty-eighth land contractual management rights are transferred by exchange or transfer, and if the parties request registration, they shall apply to the local people's government at or above the county level for registration. Without registration, you may not be able to fight well-intentioned third parties.

Article 39 A contractor may subcontract or lease part or all of the contracted land management right to a third party within a certain period of time, and the contract relationship of the contractor and the employer shall remain unchanged.

If the land is handed over to others for farming for less than 1 year, the contractor may not sign a written contract.

Article 40 A contractor may exchange the contracted management rights of land belonging to the same collective economic organization for the convenience of farming or for his own needs.

Article 41 If the contractor has a stable non-agricultural occupation or a stable source of income, it may, with the consent of the employer, transfer all or part of the contracted management right of the land to other farmers engaged in agricultural production and operation, and the farmers and the employer will establish a new contract relationship, and the contract relationship of the original contractor and the employer on the land will be terminated.

Forty-second in order to develop the agricultural economy, the contractor may voluntarily jointly participate in the land contractual management right and engage in agricultural cooperative production.

Article 43 Where a contractor invests in the contracted land to improve the land production capacity, he shall have the right to receive corresponding compensation when the contracted land management right is transferred according to law.

Chapter III Other Contracting Methods

Article 44 The provisions of this chapter shall apply to rural land such as barren hills, gullies, hills and beaches that are not suitable for household contract, which are contracted by means of bidding, auction and public consultation.

Article 45 Where rural land is contracted by other means, a contract shall be signed. The rights and obligations of the parties, the term of the contract, etc. , determined by both parties through consultation. If the contract is awarded by tender or auction, the contract fee shall be determined by public tender and bidding; If the contract is contracted through public consultation, the contract fee shall be agreed by both parties.

Article 46 barren hills, gullies, hills and beaches can be contracted directly by means of bidding, auction and public consultation, or the contracted management right of land can be converted into shares and distributed to members of the collective economic organization, and then contracted operation or joint-stock cooperative operation can be implemented.

Those who contract barren hills, ditches, hills and beaches shall abide by the provisions of relevant laws and administrative regulations, prevent soil erosion and protect the ecological environment.

Article 47 Under the same conditions, members of this collective economic organization have the priority to contract rural land.

Article 48 When contracting rural land to units or individuals other than the collective economic organization, the employer 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 advance, and report to the township (town) people's government for approval.

If the contract is contracted by a unit or individual other than the collective economic organization, the credit standing and business ability of the contractor shall be reviewed before signing the contract.

Article 49 If rural land is contracted by means of bidding, auction and public consultation, and the land contractual management right certificate or forest right certificate is obtained through legal registration, the land contractual management right can be transferred by means of transfer, lease, shareholding and mortgage according to law.

Article 50 Where the right to contracted management of land is obtained by means of bidding, auction or public consultation, the contractor dies and his contracted income is inherited in accordance with the provisions of the Inheritance Law; During the contract period, his successor may continue to contract.

Chapter IV Dispute Resolution and Legal Liability

Article 51 Disputes arising from the contracted management of land may be settled by both parties through consultation, or they may request the villagers' committee and the township (town) people's government for mediation.

If the parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, they may apply to rural and land contracting arbitration institutions for arbitration, or they may directly bring a suit in a people's court.

Article 52 If a party refuses to accept the arbitration award of the rural land contract arbitration institution, it may bring a lawsuit to the 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 53 Any organization or individual that infringes upon the contractor's right to contracted management of land shall bear civil liability.

Article 54 If an employer commits any of the following acts, it shall bear civil liabilities such as stopping the infringement, returning the original things, restoring the original state, removing obstacles, eliminating dangers and compensating for losses:

(a) interfere with the production and operation autonomy enjoyed by the contractor according to law;

(two) in violation of the provisions of this law to recover or adjust the contracted land;

(three) forcing or obstructing the contractor to transfer the right to contracted management of land;

(four) forcing the contractor to give up or change the right to contracted management of land and transfer the right to contracted management of land on the pretext that the minority is subordinate to the majority;

(five) on the grounds of dividing "ration field" and "responsibility field", the contracted land is reclaimed for bidding and contracting;

(six) to recover the contracted land to offset the arrears;

(seven) deprivation and infringement of women's right to land contractual management according to law;

(eight) other violations of the right to contracted management of land.

Article 55 An agreement in a contract that fails to recover or adjust the contracted land against the wishes of the contractor or violates the mandatory provisions of laws and administrative regulations is null and void.

Article 56 If a party fails to perform its contractual obligations or does not conform to the agreement, it shall be liable for breach of contract in accordance with the provisions of the Contract Law of People's Republic of China (PRC).

Fifty-seventh any organization or individual forces the contractor to transfer the contracted management right of land, and the transfer is invalid.

Fifty-eighth any organization or individual who arbitrarily intercepts or withholds the proceeds from the transfer of land contractual management rights shall return them.

Fifty-ninth violation of land management regulations, illegal requisition and occupation of land or embezzlement and misappropriation of land acquisition compensation, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it causes damage to others, it shall be liable for damages.

Article 60 If a contractor illegally uses the contracted land for non-agricultural construction, it shall be punished by the relevant administrative departments of the local people's governments at or above the county level according to law.

If the contractor causes permanent damage to the contracted land, the employer shall have the right to stop it and demand the contractor to compensate for the resulting losses.

Article 61 State organs and their staff who use their functions and powers to interfere with rural land contracting, change or terminate the contract, interfere with the production and operation autonomy enjoyed by the contractor according to law, or force or hinder the contractor from transferring the land contractual management right, thus causing losses to the contractor, shall be liable for compensation. If the circumstances are serious, the person directly responsible shall be given administrative sanctions by his superior organ or unit; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 62. Before the implementation of this law, the contracted land has been contracted in accordance with the relevant provisions of the state on rural land contracting, including the contracted period is longer than the provisions of this law, which will remain valid after the implementation of this law, and no land can be contracted again. If the contractor is not issued with the land contractual management right certificate or forest right certificate, it shall be reissued.

Article 63 Where motor land has been reserved before the implementation of this Law, the area of motor land shall not exceed 5% of the total cultivated land of this collective economic organization. When it is less than 5%, the motor shall not be added.

If no land for motor vehicles was reserved before the implementation of this Law, no land for motor vehicles shall be reserved after the implementation of this Law.

Article 64 The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and in light of the actual conditions of their respective administrative regions, formulate measures for implementation.

Article 65 This Law shall come into force as of March 6, 2003.