Measures for the Circulation of Grassland Use Rights in Qinghai Province

Article 1 These Measures are formulated in accordance with the Grassland Law of People's Republic of China (PRC) and relevant laws and regulations in order to standardize the circulation of grassland use rights and improve the grassland contract responsibility system. Article 2 These Measures shall apply to the state-owned grasslands contracted or fixed by this province to herdsmen, units owned by the whole people and units owned by collectives, and grasslands owned by collectives according to law.

Grassland that is not contracted shall not be transferred. These measures are not applicable to the individual contractors who make appropriate adjustments to the contracted grasslands during the period of grassland contracting operation. Article 3 The circulation of the right to use grasslands shall follow the principles of voluntariness, compensation and legality, and grasslands shall be rationally utilized and protected, and the use of grasslands shall not be changed.

No organization or individual may force or hinder the parties to transfer the right to use grasslands according to law. Article 4 Where the right to use grasslands can be transferred nearby, it shall be transferred nearby.

Grassland contracted by herders should give priority to circulation among members of the collective economic organization. If the circulation cannot be realized within the collective economic organization, it can be circulated outside the collective economic organization. Article 5 If the parties consider that the right to use grasslands needs to be transferred, they may do so according to law. In any of the following circumstances, encourage the transfer of grassland use rights:

(1) No livestock or few livestock;

(two) has not engaged in animal husbandry production;

(three) the loss of animal husbandry production and labor ability;

(four) have not lived in the local area;

(five) due to other reasons can not normally use the contracted grassland. Sixth forms of circulation of grassland use rights:

(1) Transfer means that the contractor transfers part or all of the contracted grassland and its corresponding rights and obligations to a third party, and the rights and obligations determined in the grassland contract signed by the original contractor and the employer are terminated, and the third party redefines the contract relationship with the employer, signs the grassland contract, and goes to the grassland use permit issuing authority to handle the ownership change and replacement procedures;

(2) Subcontracting and leasing means that the contractor transfers part or all of the contracted grassland to a third party for operation. The contract relationship of the original contractor and the employer remains unchanged, and the original contract is still valid;

(3) Exchange means that the contractor exchanges livestock for grazing due to grassland differences, and the original grassland contract is still valid;

(four) shares, refers to the contractor will share the right to use the grassland at a discount, and jointly operate with others, with the right to use the grassland as the basis for dividends, and the original grassland contract continues to be valid;

(five) other forms in accordance with laws, regulations and state regulations. Seventh third parties in the circulation of grassland use rights must have the ability to engage in animal husbandry production, fulfill the obligations of grassland protection and construction, and shall not engage in predatory management. Eighth after the transfer of grassland use rights, the third party needs to transfer it again, which shall be approved by the contractor and the employer. Article 9 The right to use grasslands shall not be mortgaged or paid off. Tenth grassland use right transfer according to the following procedures:

(1) Where the grasslands contracted by herders are circulated within the collective economic organization, the contractor and the third party * * * apply to the employer, and the circulation can only be carried out with the consent of the employer;

(II) Where the grasslands contracted by herders are transferred to units and individuals other than the collective economic organizations, the employer and the third party shall jointly apply to the employer, with the consent of more than two thirds of the members of the village (animal husbandry) people's congress or more than two thirds of the village (animal husbandry) people's representatives, and report to the township (town) people's government for approval;

(3) Where grasslands used by units under ownership by the whole people are circulated within their own units, the contractor and the third party * * * shall apply to their own units, and only after the consent of their own units can they be circulated;

(4) Where grasslands used by units under ownership by the whole people are transferred to the outside world, the units enjoying the right to use grasslands and the third party shall apply to the administrative department of animal husbandry of the people's government at or above the county level, and the administrative department of animal husbandry of the people's government at or above the county level shall approve it. Eleventh grassland use right transfer price and payment method shall be determined by both parties through consultation. Twelfth with the approval or consent of the employer, the contractor and the third party shall sign a contract for the circulation of grassland use rights, which mainly includes the following clauses:

(1) The name and domicile of the party concerned;

(2) Grassland area, boundaries, grades and main facilities;

(3) the transfer price and its payment method;

(4) Form and duration of circulation;

(5) Responsibility for grassland protection and construction;

(six) compensation and ownership of grassland construction achievements;

(7) Liability for breach of contract.

The provincial animal husbandry administrative department may, in accordance with the provisions of the preceding paragraph, formulate a model text of the contract for the transfer of grassland use rights. Thirteenth the contract period agreed by the contractor and the third party shall not exceed the validity period of the original grassland contract. Article 14 The contractor shall submit a copy of the contract to the township (town) people's government for the record within 30 days from the effective date of the grassland use right transfer contract. Article 15 The animal husbandry administrative department of the people's government at or above the county level and the people's government of a township (town) shall supervise and inspect the circulation of the right to use grasslands within their respective administrative areas, organize and guide the parties to carry out the circulation of the right to use grasslands, mediate disputes between the parties, and correct the circulation in violation of laws, regulations and the provisions of these Measures. Article 16 The animal husbandry administrative department of the people's government at or above the county level shall regularly measure the grassland grade and livestock carrying capacity, and urge the parties concerned to fulfill their obligations of grassland protection and construction.