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What are the legal provisions of the rural land contract law in Jiangsu Province?
Chapter II Enjoyment and Confirmation of the Right to Contracted Management of Land Article 9 If the second round of land contracting is not carried out, the second round of land contracting shall be completed within six months from the date of implementation of these Regulations. It is forbidden to fail to implement farmers' land contractual management rights on the grounds of dividing "grain ration fields", "responsibility fields" and urban planning. Where the second round of land contracting has been carried out, the contracting shall not be reorganized due to the implementation of these regulations. Article 10 The contractor of household contract management is the farmer of the collective economic organization. The following persons shall equally exercise the right of land contracting in accordance with the law when the collective economic organization organizes contracting in accordance with the provisions of the state and the provincial people's government: (1) persons born in the collective economic organization and registered in the collective economic organization; (two) due to legal marriage and adoption, the household registration moved into the collective economic organization; (3) according to the national immigration policy, the household registration has been moved to a collective economic organization; (4) Persons who have moved into the collective economic organization and actually lived, have not obtained contracted land in their original place of residence, and have no stable non-agricultural occupation, and have been 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; (five) the original account in the collective economic organizations of active duty conscripts, non commissioned officers and students in institutions of higher learning and secondary vocational and technical schools in accordance with the relevant provisions of the state; (six) the original account in the collective economic organizations of prisoners; (seven) other personnel who enjoy the right to land contract in accordance with laws, regulations and national and provincial regulations. After the collective economic organizations organize the contracting in a unified way according to the provisions of the state and the provincial people's government, under the circumstances specified in Items (1) and (2) of the preceding paragraph, the increased population of the contractor's family and the newly increased population in accordance with the provisions of Item (4) shall enjoy the right to land contracting in accordance with the provisions of the first paragraph of Article 19 of these regulations. The contract term is the remaining term of this round of land contracting. Eleventh the employer shall sign a written contract with the contractor. The contract shall come into effect as of the date of establishment, and the contractor shall obtain the right to contract and manage the land. After the contract comes into effect, the employer shall not change or terminate it because of the change of the contractor and the person in charge or the division or merger of the collective economic organization. The competent department of rural land contracting in the province shall formulate a model contract text. Twelfth the employer shall, within thirty days from the date of the contract, report the contract to the township (town) people's government, and the township (town) people's government shall uniformly apply to the people's government at the county level for the land contractual management right certificate. Procedures and deadlines shall be implemented in accordance with state regulations. The employer shall issue the land contractual management right certificate to the contractor in a timely manner, and shall not keep or detain it on its behalf. Thirteenth county-level rural land contracting departments and township (town) people's governments shall establish and improve the management system of rural land contract, rural land contract management right certificate and related documents and files. Registration materials such as rural land contractual management right certificate register and contract registration are managed by rural land contracting departments at the county level. The contractor has the right to consult and copy the registration materials such as the rural land contractual management right certificate register. The competent department of rural land contracting at the county level shall provide convenience and shall not restrict or obstruct or charge fees. Article 14 During the contract period, the employer shall not take back the contracted land or adjust the contracted land, except as otherwise provided by laws and administrative regulations. During the contract period, if the contracted land is expropriated according to law, and the contractor voluntarily abandons the land compensation fee and resettlement subsidy, and requests to continue to contract the land, the collective economic organization can adjust and solve the problem in the motor land reserved according to law, the land reclaimed according to law, and the land voluntarily returned by the contractor according to law. Fifteenth farmers who have obtained the right to contract the management of land, in the contract period, the whole family moved into small towns to settle down, the employer shall not forcibly recover their contracted land. During the contract period, if one of the contractor's family members moves out or dies or is missing, the employer shall not take back the contracted land. Article 16 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. The provisions of the preceding paragraph shall apply to married men who settle in the woman's home. Seventeenth during the contract period, the contractor shall take the household as the unit, and the division of land contractual management rights shall be decided by the family itself. If an agreement is reached within the family on the division of land contractual management rights, the employer shall respect its agreement; If no agreement can be reached, it shall be handled in accordance with the contract dispute settlement method. In case of separation of households due to divorce, the contractual management rights of both parties shall be handled in accordance with the divorce agreement or the judgment of the people's court. If the parties require the separation of land contractual management rights due to the separation of households, the employer shall sign contracts with them respectively, and handle the land contractual management rights certificate in accordance with state regulations. Article 18 The contractor shall enjoy the autonomy in production and operation according to law. No organization or individual may interfere with the normal production and operation activities of the contractor according to law, and may not force the contractor to plant designated crops, operate designated aquaculture projects or use designated means of production. The contractor has the right to refuse to interfere with the production and operation autonomy of the contractor; If it causes economic losses to it, it shall be liable for compensation according to law, and the contractor has the right to claim compensation according to law. Article 19 The motor land reserved by the collective economic organizations according to law, the land reclaimed according to law and the land voluntarily returned by the contractors according to law shall be used to adjust the contracted land or contract it out to the newly-increased population. If the land listed in the preceding paragraph has not been used to adjust the contracted land or has not been contracted out to the new population, the collective economic organization shall contract out the land through bidding and public consultation, and the contract period shall not exceed three years. Its operation, income and income use shall be announced to the members of the collective economic organization once a year. Chapter III Circulation of the Right to the Contracted Management of Land Article 20 The right to the contracted management of land obtained through household contract can be transferred, subcontracted, leased, exchanged and invested in shares according to law. The contractor shall transfer the right to contracted management of land in accordance with the provisions of People's Republic of China (PRC) Rural Land Contract Law. Twenty-first the contractor shall enjoy the autonomy of the transfer of land contractual management rights according to law. No organization or individual may hinder or force the contractor to transfer the contracted management right of land. The contract for the transfer of land contractual management right shall be signed by the contractor and the inflow party. Without the written authorization of the contractor, the employer and any other organization or individual may not sign a contract for the transfer of land contractual management rights with the inflow party on behalf of the contractor. Centralized circulation of land contractual management rights of contiguous contracted land shall effectively protect the contractor's right to transfer. Twenty-second contractors shall enjoy the right to benefit from the transfer of land contractual management rights according to law. The price and payment method of the proceeds from the transfer of land contractual management rights shall be independently agreed by both parties. The employing unit and any other organization or individual shall not decide on behalf of the parties against their wishes. The subcontracting fee, rent, transfer fee and other income from the transfer of land contractual management right shall be owned by the contractor, and no organization or individual may intercept or withhold it without authorization. According to the agreement between the two parties, if the income from centralized contiguous circulation is settled by the inflow party and the employer, the employer shall divide the income from circulation in full and distribute it to the relevant contractors. Article 23 If the contractor transfers the contracted management right of land to units and individuals other than the collective economic organization, it shall inform other members of the collective economic organization in the form of publicity before signing the transfer contract. When there are more than two transferees, under the same conditions, the members of this collective economic organization enjoy priority. Twenty-fourth parties may entrust land transfer intermediary service agencies or other agents to handle the transfer of land contractual management rights. Land transfer intermediary service institutions shall be established in accordance with the law, handle brokerage business registration or change registration with the administrative department for industry and commerce, and file with the rural land contracting department at the county level. Land transfer intermediary service institutions shall not have affiliation or other interests with rural land contracting departments, township (town) people's governments and other state organs. The staff of rural land contracting departments and township (town) people's governments shall not accept the entrustment of the parties to handle the transfer of land contractual management rights. Twenty-fifth county-level rural land contracting departments and township (town) people's governments shall create conditions and provide convenience for the transfer of land contractual management rights. Where conditions permit, a tangible market for the transfer of land contractual management rights can be established, providing trading places for both parties to the transfer, storing and publishing transfer information, and handling transfer procedures centrally. Twenty-sixth rural land contracting departments and township (town) people's governments should strengthen supervision over the transfer of land contractual management rights, correct illegal acts, and safeguard the legitimate rights and interests of all parties involved in the transfer. The above is the whole content of the second and third chapters of the Regulations on the Protection of Rural Land Contracted Management Right in Jiangsu Province, which mainly introduces the qualification and confirmation of rural land contractual management right in Jiangsu Province, as well as the relevant contents of rural land contractual management right transfer, and clearly stipulates the matters needing attention in land transfer and the intermediary service agencies for land transfer.
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