Measures of Liaoning Province for Implementing the Rural Land Contract Law of People's Republic of China (PRC)

Article 1 In order to implement the Rural Land Contract Law of People's Republic of China (PRC) (hereinafter referred to as the Land Contract Law), these Measures are formulated in accordance with relevant laws and regulations and combined with the actual situation of our province. Article 2 The administrative departments of agriculture and forestry of provinces, cities and counties (including county-level cities and districts, the same below) 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. Article 3 If the motor land reserved before the implementation of the Land Contract Law exceeds 5% of the total cultivated land area of the collective economic organization, the excess land shall be subcontracted to farmers who have the right to land contract in accordance with the regulations; What has been transferred should be recovered, and if it is difficult to recover it in a short period of time, the employer shall allocate the remaining part of the transfer income to the farmers who have the right to contract the management of the land in accordance with the regulations, and then subcontract it to the above farmers after the land is recovered. Article 4 The following land shall be used for contracting new population or special circumstances of individual adjustment of contracted land as stipulated in Article 27 of the Land Contract Law:

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

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

(three) the contractor voluntarily returned according to law;

(4) The employer shall take it back according to law.

Before the land listed in the preceding paragraph is used for contracting new population or individuals to adjust the contracted land, it shall be contracted through bidding and public consultation, and the contract period shall not exceed three years. Article 5 The contracting scheme for contracting the land listed in Article 4 of these Measures to the newly-increased population or independently adjusting the contracted land 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. Article 6 agricultural registered permanent residence personnel who meet the following conditions belong to the newly-added land contractual management right holders:

(1) Newborns of farmers of this collective economic organization;

(two) married to a member of a collective economic organization and moved into the village;

(three) children adopted by members of collective economic organizations according to law and whose household registration has moved into the village;

(four) in line with the national immigration policy to settle in the village;

(5) Others who have moved their registered permanent residence into the village, can undertake corresponding obligations and pay public accumulation, and are accepted as members of the collective economic organization with the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives. Seventh farmers who have obtained contracted land by household contract shall obtain the land contractual management right certificate or forest right certificate according to the following procedures:

(a) the employer shall submit the contract to the township (town) people's government within 5 days from the date of signing all the contracts;

(two) the township (town) people's government shall complete the registration within 15 days from the date of receiving the contract, and report it to the county-level administrative department of agriculture or forestry;

(three) the administrative department of agriculture or forestry at the county level shall complete the audit within 20 days from the date of receiving the registration materials and report it to the people's government at the county level;

(four) the county people's government shall, within 20 days from the date of receiving the audit materials, issue the certificate of land contractual management right or forest right certificate.

If the contractor's family members sign the contract separately, they shall go through the formalities for changing the land contractual management right certificate or forest right certificate in accordance with the provisions of the preceding paragraph. Eighth in any of the following circumstances, the county people's government to recover the land contract management right certificate or forest right certificate:

(a) the contractor's whole family moved into the city divided into districts and returned the cultivated land and grassland to the employer after turning into non-agricultural registered permanent residence;

(two) the contractor voluntarily gave up all the land;

(3) All contracted land has been expropriated, requisitioned or occupied according to law;

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

If the contractor refuses to return the land contractual management right certificate or forest right certificate without justifiable reasons, it shall be declared invalid by the issuing authority. Article 9 Contractors with stable non-agricultural occupations or stable sources of income are encouraged to transfer the land contractual management right obtained by their household contract according to law during the contract period.

Where the contractor transfers his household contract management right, it shall be approved by the employer. The employing unit shall sign an opinion within 30 days from the date of receiving the transfer contract, and if it agrees to the transfer, it shall affix its official seal. If the transfer is made by subcontracting, leasing, exchange or other means, the parties to the transfer shall, within 30 days from the date of signing the transfer contract, report it to the employer for the record. Article 10 The contracted management right of household contracted land is transferred by means of transfer or exchange. If the parties request registration, they shall apply to the county-level administrative department of agriculture or forestry, and after signing the examination opinions, the people's government at the county level shall register it. Without registration, you may not be able to fight well-intentioned third parties.

To apply for registration, the following materials shall be submitted:

(1) Application for registration;

(two) land contract and transfer or exchange contract;

(3) Certificate of land contractual management right or forest right certificate. Eleventh rural land contract by other means, the employer shall draw up the contract plan, and publicize it to all villagers. The publicity time shall not be less than 15 days. Where a member of a collective economic organization requests a hearing, the employing unit shall organize a hearing.

The contract plan shall include the name, location, area, purpose, contract method, scope of contract subject matter, contract period, start and end dates, rights and obligations of both parties, liability for breach of contract, payment method and other matters that should be indicated.