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How to confirm the right after rural urbanization
1, contractor members move out:
(1) If farmers voluntarily give up the contracted land and sign an agreement with the collective to give up the contracted land, the contracted land shall be recovered according to law;
(2) If the whole family moves into a city divided into districts to apply for registration of permanent residence, the second round of contracted land registration shall be conducted on a voluntary basis;
(3) If some members of farmers move into cities with districts or the whole family of farmers move into towns without districts to become non-agricultural population, they will not recover the contracted land except for the voluntary abandonment of the contracted land by the whole family of farmers, and the rural land contractual management right certificate will be issued according to law.
2. As for the immigration of the members of the contractor, the land cultivated by the government resettlement households is clear, and the land around the border is uncontroversial. If the employer agrees to confirm the right according to the status quo and the people accept it through consultation, the local government should coordinate the work according to the relevant policies and improve the relevant procedures. When confirming the right, the original contractor shall recognize it on the spot and confirm the right according to the recognition. If the original contractor does not agree to transfer the contractual management right to the current immigrant households, the contractual management right will continue to be registered under the original contractor's name;
3. The decrease in the number of members of the contractor, the death of individual members of the contractor, remarriage, the son-in-law moving out of the field, due to study, service, imprisonment or other reasons will not affect the original land in contract relationship, and the contracted land shall not be forcibly recovered;
4. In the case of the contractor's divorce and remarriage, during the contract period, the farmer's husband and wife divorced, and both parties went through the household registration procedures and requested to divide the contracted land. As long as the household registration of the departing party does not move into the city divided into districts and becomes non-agricultural registered permanent residence, it should be allowed to go through the procedures of dividing the contracted land, and the contracting party will register and issue certificates according to the divided contracted land.
Legal basis: Article 27 of People's Republic of China (PRC) Rural Land Contract Law.
During the contract period, the employer shall not recover the contracted land.
The state protects farmers' right to contracted management of land. It is not allowed to withdraw from the contracted management right of land as a condition for farmers to settle in cities.
During the contract period, contracted farmers who settle in the city shall be guided and supported to transfer the contracted land management right within the collective economic organization or return the contracted land to the employer, and may also be encouraged to transfer the land management right.
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.
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