Regulations of Hubei Province on contracted management of rural land

Chapter I General Provisions Article 1 In order to stabilize and improve the two-tier management system based on household contract management, safeguard the legitimate rights and interests of the parties involved in rural land contract management, promote the development of agriculture and rural economy, and maintain the stability of rural society, in accordance with the Property Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China, the Rural Land Contract Law of People's Republic of China (PRC) and the Rural Land Contract Law of People's Republic of China (PRC). Article 2 These Regulations shall apply to rural land contract management activities within the administrative area of this province.

The term "rural land" as mentioned in these Regulations refers to cultivated land, woodland, grassland, aquaculture water surface and other land used for agriculture according to law, which are collectively owned by farmers and owned by the state.

The land contracting operation of state-owned agriculture, animal husbandry and fishery farms shall be implemented with reference to these regulations. Article 3 The legitimate rights and interests of rural land owners, contractors and transferees shall be protected by law, and no organization or individual may infringe upon them.

Support and guide contractors to transfer land contractual management rights voluntarily and with compensation according to law, promote the rational flow and optimal allocation of production factors, and improve the level of agricultural scale operation.

The contracted management of rural land shall protect and rationally utilize land resources, and the contracted land shall not be used for non-agricultural construction without legal approval. Article 4 The contracted management right of rural land shall have clear ownership, stable contracting right and free management right. In accordance with the principles of fairness, justice, openness, being conducive to scale operation and giving full play to land benefits, we will steadily promote the innovation of rural land contract management system and promote industrialization, urbanization and agricultural modernization. Fifth people's governments at all levels should strengthen the leadership of rural land contracting. Rural land contract management funds should be included in the fiscal budget at the corresponding level to be guaranteed. The administrative departments of agriculture and forestry of the sixth provincial people's government shall be responsible for guiding the rural land contract management in the province according to their respective duties.

City, state, county (District) people's government land contract management departments and forestry administrative departments responsible for the administrative area of rural land contract management.

Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in rural land contract management.

The people's governments at the township level shall be responsible for the management of rural land contract within their respective administrative areas. Chapter II Establishment of the Right to Contracted Management of Land Article 7 The right to contracted management of land is obtained through contracting, except as otherwise provided by law.

The land contract adopts the household contract method within the rural collective economic organizations. Rural land, such as barren hills, gullies, hills and beaches, which are not suitable for household contract, shall be contracted through bidding, auction and public consultation. Article 8 Cultivated land, woodland and grassland collectively owned by farmers and owned by the state and used by farmers according to law shall be contracted by rural collective economic organizations, villagers' committees or villagers' groups according to law.

Members of rural collective economic organizations enjoy equal contracting rights to rural land contracted by their collective economic organizations according to law, and contract collective land with families as units.

No organization or individual may deprive or illegally restrict the rights of members of rural collective economic organizations to contract land. Article 9 Anyone who meets one of the following conditions shall be a member of this collective economic organization:

(a) living in the local area and having the household registration of the collective economic organization;

(two) both parents or one of them is a member of a collective economic organization, and my household registration is in the collective economic organization;

(three) due to legal marriage and adoption, the household registration moved into the collective economic organization;

(four) according to the national immigration policy, the household registration moved to the collective economic organization;

(five) the original household registration in the collective economic organizations of active duty conscripts, in line with the relevant provisions of the state noncommissioned officers, colleges and secondary vocational and technical schools students;

(six) other persons whose original household registration is serving a sentence in the collective economic organization and whose personal freedom is restricted according to law.

To protect the members of rural collective economic organizations' right to know, participate, make decisions and supervise the land contracting, expropriation and requisition of their collective economic organizations according to law. Article 10 The contracting party shall contract in accordance with the statutory contracting principles and procedures. The term of the contract shall not exceed the statutory term.

The contract scheme 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, and shall be reported to the township land contract management institution for the record. Eleventh contracted farmland after the implementation of the project of returning farmland to forests, the original contract relationship unchanged, by the people's governments at or above the county level to recover and cancel the land contract management right certificate, truthfully issued a forest right certificate. Twelfth during the contract period, the contractor may submit a written application to the employer and voluntarily return the contracted land to the employer. If the contractor voluntarily returns the contracted land, it shall not request the contracted land again during the remaining contract period.

The people's governments at or above the county level shall formulate corresponding policies to give compensation, subsidies and corresponding social security to farmers who voluntarily return contracted land. Article 13 Where rural land such as barren hills, gullies, hills and beaches is contracted by means of bidding, auction and public consultation, the consent of more than two thirds of the members of the villagers' assembly of the collective economic organization or more than two thirds of the villagers' representatives shall be obtained in advance, and a contracting scheme shall be formulated. Contracting rural land to units or individuals other than collective economic organizations shall also be reported to the people's government at the township level for approval.

The contract awarding scheme shall include the following contents: the name, location, area and use of the land, the contract awarding method, the reserve price, the applicant's credit standing, business ability, contract term, etc.

Under the same conditions, members of this collective economic organization enjoy the priority of contracting.