Chongqing Municipal Measures for the Implementation of the "Rural Land Contract Law of the People's Republic of China" (Revised in 2021)

Article 1: In order to implement the "Rural Land Contract Law of the People's Republic of China" and in combination with the actual situation of this city, these measures are formulated. Article 2 These Measures shall apply to the management of rural land contract management and contract management contracts within the administrative region of this city. Article 3 The term “rural land” as mentioned in these Measures refers to farmland, forestland, grassland, barren hills, ditches, hills, flats, aquaculture waters owned by farmers’ collectives and owned by the state and used by farmers collectively in accordance with the law, as well as other areas used for agriculture in accordance with the law. land. Article 4 The departments of agriculture and rural affairs, forestry, planning and natural resources of cities, districts and counties (autonomous counties) shall, in accordance with their respective responsibilities, be responsible for rural land contract management, contract management contract management, land contract management rights and land management rights registration within their respective administrative regions.

Township people's governments and sub-district offices are responsible for the specific work of rural land contract management and contract management contracts within their respective administrative regions. Article 5 The contract shall take effect from the date of establishment. The contractor obtains the rural land contract management rights from the time the contract takes effect.

If household contracting is implemented, the contracting party shall apply to the registration agency for registration in accordance with the law; if contracting is done in other ways, the contractor shall apply to the registration agency for registration in accordance with the law.

The registration agency shall issue land contract management rights certificates, forest rights certificates and other certificates to the land contract management rights holders, and register them to confirm the land contract management rights. The registration of contract management rights shall be consistent with the contract contract.

For land management rights with a transfer period of more than five years, as well as the exchange or transfer of land contract management rights, the parties concerned may apply to the registration agency for registration; without registration, they may not confront a bona fide third party. Article 6 The land collectively owned by farmers in a village shall be contracted by the village collective economic organization. If there is no village collective economic organization, the land shall be contracted by the village committee; if it belongs to two or more rural collective economic organizations in the village, the land shall be contracted by the village collective economic organization. Rural collective economic organizations shall issue contracts. If no rural collective economic organizations have been established, villagers' groups shall issue contracts.

Rural land owned by the state and used collectively by farmers in accordance with the law shall be contracted by the rural collective economic organization, village committee or village group that uses the land. Article 7 The following new rural residents are eligible to contract rural land contracted by this collective economic organization:

(1) Newborn children of members of this collective economic organization;

(2) Due to Marriage relationship, legal adoption of persons who have moved their household registration into this collective economic organization;

(3) Immigrants who have been legally resettled and moved their household registration into this collective economic organization due to national construction and other needs;

(4) Other transfers of household registration into the collective economic organization in accordance with the law, and with 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 villager representatives;

(5) Other situations stipulated by laws and regulations. Article 8 When a rural contract management household is divided, all family members with land contract management rights should reach a consensus and form a written separation agreement. The contract issuing party shall sign separate contract contracts with the rural contracting households after the separation based on the separation agreement. If an agreement cannot be reached, the parties may apply to the village (resident) committee, township people's government, sub-district office, etc. for mediation.

If rural contracting households are to be merged, the rural contracting households that request the merger must submit a written application together. After review and approval by the contract issuing party, the contract issuing party shall sign a contract with the merged rural contracting household. contract. Article 9 Where land is contracted in the form of household contracting, the contracting party shall determine the area and boundaries of the contracted land in accordance with the principle of confirming land contract management rights from household to land.

If the boundaries of the original contracted land cannot be determined due to high-standard farmland construction, mechanization transformation, etc., with the consent of all the contractors of the relevant contracted land, the contracting party can calculate the original contracted land according to the share of each contractor. Determine the contracted land area. Article 10 If the land is contracted in the form of household contract and the contractor abandons the contracted land for more than two consecutive years, the contract-issuing party shall inform the contractor in writing and after the collective economic organization announces it, it may organize farming on behalf of the contractor. If the contractor continues to farm, Contract farming will no longer be organized. Farmers must not damage the farming conditions of the land.

If the contractor requests to continue cultivating the contracted land during the period of contract farming, the contracting party shall return the contracted land after the crops of the current season are harvested, or handle it in other negotiated ways. Article 11 During the contract period, if the contracting farmers settle in the city, the land contract management rights that have been obtained in accordance with the law shall be protected by law.

After contracted farmers settle in the city, they can transfer the land contract management rights within the collective economic organization in accordance with the principle of voluntary payment and law, or return the contracted land to the contracting party, or transfer the land management rights. Article 12 When land is contracted in the form of household contract, the contracting party shall not take back the contracted land during the contract period. In any of the following circumstances, the contracting party shall take back the contracted land in accordance with the law:

(1) All family members in the farmland or grassland contracted rural households die;

(2) Woodland in rural areas All family members in the contracting business household have died and there are no heirs;

(3) All family members in the rural contracting business household have lost the nationality of the People’s Republic of China;

( 4) All family members of a rural contracting household move to other collective economic organizations and obtain contracted land;

(5) All family members of a rural contracting household voluntarily apply in writing to give up the contracted land;

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(6) Other situations stipulated by laws and regulations.