chapter I general provisions article 1 these regulations are formulated in accordance with the relevant laws and regulations of the state and the actual situation of our province in order to stabilize and improve the household contract responsibility system and the two-tier management system combining unified management with separate management, strengthen the management of agricultural collective economic contract (hereinafter referred to as agricultural contract), protect the legitimate rights and interests of the parties to the contract and promote the development of rural socialist market economy. Article 2 An agricultural contract is an agreement between an agricultural collective economic organization and its members or other contractors, in order to implement the responsibility system for production and operation, and to clarify the mutual rights and obligations. Article 3 These Regulations shall apply to the contracts for land and other production and operation projects concluded between agricultural collective economic organizations in our province and their members or other contractors. Article 4 The conclusion of an agricultural contract must abide by the laws, regulations and policies of the state; Taking into account the interests of the state, the collective and the individual; Implement the principles of voluntariness, mutual benefit, honesty and credit, and consensus through consultation. Neither party shall cheat or coerce the other. No other unit or individual may illegally interfere. Article 5 An agricultural contract is legally binding as soon as it is established according to law. The parties concerned must fully perform their prescribed obligations, and neither party may modify or terminate the contract without authorization.
collective economic organizations may not forcibly take back unexpired contracted projects in the name of strengthening the collective economy. Article 6 The contracting right of agricultural collective economic organizations and the contracting right of contractors shall be protected by law. Article 7 The administrative departments of agriculture of provinces, cities and counties (including county-level cities and districts, the same below) and the people's governments of townships (including towns, the same below) are the competent authorities of agricultural contracts, and supervise, inspect and manage agricultural contracts. The daily work is the responsibility of the agricultural economic management institution to which it belongs.
other relevant administrative departments shall assist in the supervision, inspection and management of agricultural contracts. Chapter ii contracting out and contracting article 8 the resources and assets collectively owned by farmers and the state-owned resources that have been collectively granted the right to use according to law shall be contracted out by the agricultural collective economic organizations of the units to which they belong. Article 9 The project, method, contract form, index, time limit, distribution method, etc. to be contracted out shall be fully negotiated and discussed by the members (villagers) assembly or representative meeting of the resource and asset ownership unit.
in principle, collective economic organizations do not leave mobile land, and if it is really necessary to keep it, it shall not exceed the proportion stipulated by the state. Tenth agricultural collective economic organizations to contract the project, the members of the resource and asset ownership units have the right to give priority to contracting. The contracting of members of non-ownership units must be decided by the members (villagers) assembly or representative meeting of the ownership unit.
professional contracting shall be subject to public bidding. Article 11 The term of contracting shall be determined on the principle of facilitating the development of production, mobilizing the enthusiasm of contractors, correctly handling the relationship among the state, the collective and the individual, protecting natural resources and ecological balance, and improving economic and social benefits.
if the cultivated land is contracted, the contract period can be extended for 31 years after the expiration of the original contract; Those engaged in development production, such as reclaiming wasteland, planting forest land, controlling sand and improving soil, may extend the contract period by 51 years after the expiration of the original contract.
if the contractor abides by the contract, performs its obligations and operates according to law during the contract period, it shall have the priority to continue the contract after the contract expires. Article 12 If a contractor dies during the contract period, his legal successor may continue to contract and perform the rights and obligations stipulated in the original contract; If there is no legal heir or his legal heir has no business ability or has business ability, and he does not want to continue contracting, the employer may take back the contracted project and re-open the contract.
if the contract is re-contracted, the employer shall compensate the expected income invested by the original contractor, and its legal successor may inherit it according to law. Article 13 A contractor shall enjoy the decision-making power of production and operation, the right to dispose of products and the right to profit from the contracted resources and assets, but shall not change the use agreed in the contract. Article 14 During the contract period, a contractor may, with the consent of the employer, subcontract, transfer, exchange, share in shares, lease and other ways to transfer its contracted objects without changing the ownership and use of resources.
for the circulation of the contracted subject matter, a circulation contract shall be signed and reported to the township agricultural economic management institution for the record. Fifteenth the employer shall, in accordance with national laws, regulations and policies, safeguard the legitimate rights and interests of the contractor; Ensure the fulfillment of materials and loans allocated by the state to villages and the implementation of relief, relief and preferential policies given by the state; Provide production and operation services to the contractor as required and possible. Sixteenth the contractor shall, in accordance with national laws, regulations and policies, safeguard the collective economic interests; Ensure the necessary investment in contracted projects; Pay taxes; Pay the village's retention money and the township's overall planning fee; Undertaking compulsory labor and labor accumulation; To undertake the task of ordering agricultural products as stipulated by the state. Chapter iii conclusion and performance of contracts article 17 the procedures for concluding an agricultural contract must be complete, and the following contents must be specified in a written contract with a standard text:
(1) the contracted project (name, variety, quantity, address and use of resources or name, specification, brand, quantity, quality, value and use of assets, etc.);
(2) the starting and ending time of the contract;
(3) the contract money that the contractor should pay, and the method of adjusting the contract money due to the great changes in the national tax and price policies;
(4) contract management mode;
(5) the rights and obligations of both parties;
(6) Liability for breach of contract and reward and punishment measures;
(7) Other matters agreed by both parties.
the standard text of agricultural contract shall be uniformly printed by the competent agricultural contract authority of the province.