Interim Measures for the Administration of Rural "Three Wastes" Auction in Jinan City

Article 1 In order to speed up the development and utilization of barren hills, wasteland, barren water surface and barren beaches (hereinafter referred to as "four barren"), promote the development of rural economy, and protect the legitimate rights and interests of both parties to the auction of the right to use the "four barren", these Measures are formulated in accordance with the provisions of relevant national laws and regulations and in combination with the actual situation of this Municipality. Article 2 The auction of the right to use the "three wastes" as mentioned in these Measures refers to the behavior that rural collective economic organizations auction all the right to use the "three wastes" to purchasers for the production, development and operation of fruit industry, planting industry and aquaculture without changing the land ownership, and the purchasers pay the auction money.

Auction of the right to use "three wastes" does not include state-owned underground resources, buried objects and public facilities.

State-owned or unclear ownership of the "four barren" use rights and rural collective economic organizations that have been managed or used by the contractor shall not be included in the auction scope. Article 3 The auctioneer of the right to use "three wastes" is the village collective economic organization; Offtakers are members of rural collective economic organizations, enterprises and institutions, social organizations and other individuals who have the ability to underwrite. Under the same conditions, members of the village collective economic organizations can subscribe first. Article 4 The auction of the right to use "three wastes" must adhere to the principles of openness, justice, fairness and voluntariness, and both parties to the auction must abide by relevant laws and regulations. The township (town) people's government shall strengthen the planning, coordination, supervision and guidance of the auction of the right to use the "three wastes". Article 5 The longest use period of the auction of the right to use the "three wastes" shall not exceed 70 years, and the development period shall generally not exceed 3 years. Article 6 A village collective economic organization shall set up an evaluation team composed of members' representatives to evaluate the auction reserve price of the right to use the "three wastes", formulate an auction plan, and discuss and pass it at the members' meeting or the members' representative meeting of the village collective economic organization. Seventh auction "four barren" right to use according to the following procedures:

(a) the village collective economic organizations announced the auction plan;

(two) the bidder pays a certain amount of deposit to participate in the auction;

(three) through bidding, the highest bidder is the winning bidder, and immediately sign an auction contract with the auctioneer; Refund the bid bond of the unsuccessful bidder within seven days after the auction;

(4) After the winning bidder pays the auction money according to the contract requirements within the prescribed time limit, the county (city) District People's Government shall determine the right to use the "three wastes" and issue a certificate. Eighth "four barren" auction gold should be paid in one lump sum. If one-time delivery is indeed difficult, it may be delivered by installments with the consent of the auctioneer. The auction money delivered for the first time shall not be less than 40% of the payable amount, and the longest payment period shall not exceed 3 years. Article 9 An auctioneer and the purchaser of the right to use the "three wastes" must sign a written contract, which shall include the following main contents:

(a) the location, area, four areas and present situation of "three wastes";

(two) the purpose, management and development goals and requirements;

(3) Term of use and development;

(four) before the auction and after the expiration of the contract;

(five) the auction money and its delivery method;

(six) the rights and obligations of both parties;

(7) Liability for breach of contract;

(8) Other matters agreed by both parties. Article 10 The winning bidder must develop and utilize the "three wastes" according to the purposes and time limit agreed in the auction contract. Overdue development and utilization, by the village collective economic organizations to recover. Eleventh village collective economic organizations should strengthen the supervision and inspection of the purchaser's performance of the contract, and protect natural resources and national public facilities from damage.

Village collective economic organizations shall safeguard the legitimate rights and interests of the acquirer, guarantee the independent operation of the acquirer, and provide production and technical services in accordance with the contract. Twelfth the winning bidder has the obligation to protect natural resources and national public facilities through the development and utilization of "three wastes".

The trees planted by the winning bidder on the "four barren" land and the newly developed above-ground real estate shall be owned by the winning bidder during the use period.

The forest owned by the purchaser may be cut and renewed with the approval of the forestry department. Article 13 During the auction contract period, all the "three wastes" use rights of the purchaser and all the trees and property on the ground can be inherited and subletted to a third party according to law.

Sublease shall be subject to the consent of the auctioneer, and the winning bidder shall sign a sublease contract with a third party and renew the relevant documents. Fourteenth auction contracts and sublease contracts shall be reported to the township (town) people's government and the county (city, district) people's government for the record.

The specific work of contract management is the responsibility of rural economic management institutions. Fifteenth after the expiration of the auction contract, the right to use the "four shortages" is terminated, and both parties to the auction contract shall go through the contract termination procedures according to law and cancel the relevant certificates. Users of "three wastes" who need to continue to use them may apply for continued use according to law. Article 16 The winning bidder may enjoy the following preferential policies:

(1) within five years, the development of the "four shortages" labor force can be offset by labor accumulation;

(two) within three years from the date of its own income, it shall be exempted from agricultural specialty tax;

(3) For the basic farmland newly reclaimed for 20 years, the state does not arrange the purchase task, the township (town) does not charge the overall planning fee, and the village collective economic organizations do not charge the collective retention. Seventeenth in any of the following circumstances, it is allowed to change or cancel the auction contract:

(a) the parties reach an agreement through consultation, and it does not harm the public interests of the state and society;

(2) The contract cannot be performed due to force majeure;

(three) because of the national construction auction "four shortages" was requisitioned;

(four) because one party fails to perform the contract within the time limit stipulated in the contract.

Where losses are caused to the other party due to the modification or termination of the contract, the responsible party shall be responsible for compensation, except that the liability may be exempted according to law.