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Regulations of Changchun Municipality on the Circulation of Rural Land Contractual Management Right

chapter I general provisions article 1 in order to ensure the optimal allocation and rational utilization of land resources, standardize and guide the circulation of rural land contractual management rights, safeguard the legitimate rights and interests of rural land contracting parties, and promote the development of agriculture, rural economy and rural social stability, these regulations are formulated in accordance with the rural land contracting law of the people's Republic of China and other relevant laws and regulations, and in combination with the actual situation of this municipality. Article 2 The term "rural land" as mentioned in these Regulations refers to cultivated land, forest land, grassland and other land used for agriculture according to law, which are collectively owned by farmers and owned by the state.

the contracted management right of rural land mentioned in these regulations refers to the contracted management right of rural land obtained through household contract or through bidding, auction and public consultation.

the circulation of the contracted management right of rural land as mentioned in these regulations refers to the act that the rural land contractor transfers part or all of the contracted management right of rural land to the transferee according to the agreed conditions. Article 3 These Regulations shall apply to the circulation of rural land contractual management right within the administrative area of this Municipality. Article 4 The transfer of the contracted management right of rural land shall follow the following principles:

(1) Equal consultation, voluntariness and compensation, and no organization or individual may force or hinder the contractor to transfer the contracted management right of rural land;

(2) The nature of land ownership and the agricultural use of land shall not be changed;

(3) The term of circulation shall not exceed the remaining term of the contract period;

(4) The transferee must have the ability of agricultural operation;

(5) under the same conditions, members of this collective economic organization enjoy priority. Fifth city, county (city), the District People's government administrative departments of agriculture and forestry, respectively, in accordance with their respective responsibilities, responsible for the management of the transfer of rural land contractual management rights within their respective administrative areas.

the relevant administrative departments of the municipal, county (city) and district people's governments shall, according to their respective responsibilities, do a good job in the circulation management of rural land contractual management rights.

the township (town) people's government is responsible for the circulation management of rural land contractual management right within its administrative area, and the sub-district offices under its jurisdiction are entrusted by the people's government at a higher level to manage the circulation management of rural land contractual management right within its own area. Chapter II Mode of Circulation Article 6 The contracted management right of rural land obtained through household contract may be transferred by subcontracting, leasing, exchanging, transferring or other means according to law.

if the rural land contracted by means of bidding, auction and public consultation has been registered according to law and obtained the certificate of rural land contractual management right, its land contractual management right can be transferred by subcontracting, leasing, exchange, transfer, shareholding, cooperation, mortgage or other means according to law. Article 7 Subcontracting refers to the circulation behavior that the contractor transfers the contracted management right of rural land to the members of the collective economic organization for operation within a certain period of time according to the agreed conditions.

after subcontracting, the contract relationship of the original contractor and the employer remains unchanged. Eighth lease refers to the contractor's rural land contractual management rights alone or together with the attachments on the ground to other units and individuals to operate the circulation behavior.

after leasing, the contract relationship of the original contractor and the employer remains unchanged. Article 9 Exchange refers to the exchange of land contractual management rights of land belonging to the same collective economic organization between contractors for the convenience of farming or their own needs.

after the exchange, the contract relationship of the contractor and the employer remains unchanged. Article 11 Transfer refers to the transfer of the contracted management right of rural land and the rights and obligations stipulated in the original contract by the contractor with the consent of the employer, and the transferee and the employer determine the new contract relationship. Eleventh shares refers to the contractor's transfer behavior of converting the rural land management right obtained through bidding, auction and public consultation into shares in joint-stock enterprises or other economic organizations.

after the shareholding, the contract relationship of the original contractor and the employer will remain unchanged. Twelfth cooperation refers to the contractor's rural land management rights obtained through bidding, auction, public consultation and other means, as the capital to join the cooperation or partnership.

after the cooperation, the contract relationship of the original contractor and the employer remains unchanged. Article 13 Mortgage refers to the circulation of rural land contracted by the contractor through bidding, auction, public consultation, etc., and the contractor can mortgage the rural land contractual management right to a third party according to law after obtaining the certificate of land contractual management right or forest right certificate according to law.

after mortgage, the contract relationship of the original contractor and the employer remains unchanged. Fourteenth rural land contractual management rights obtained through bidding, auction, public consultation, etc., if the contractor dies during the contract period or lease period, his successor can continue to contract according to law. Fifteenth rural land contractual management rights should be transferred again, according to law. Article 16 Collective barren hills, gullies, barren hills, barren beaches and other land can be contracted directly through bidding, auction, public consultation, etc., or the contracted management right of land can be converted into shares and distributed to members of the collective economic organization, and then contracted management or joint-stock cooperative management can be implemented. Chapter III Circulation Procedures Article 17 If a contractor needs to transfer the contracted rural land management right by subcontracting, leasing, exchanging or other means, the contractor shall negotiate with the transferee, and the contractor shall inform the employer, and the contractor shall sign a contract with the transferee and report the contract text and other relevant materials to the employer for the record.