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Regulations of Liaoning Province on Agricultural Collective Economic Contract

chapter I general provisions article 1 in order to stabilize and improve the two-tier management system based on household contract management, strengthen the management of agricultural collective economic contract (hereinafter referred to as agricultural contract), protect the legitimate rights and interests of contract parties, maintain rural social and economic order, and promote the planned development of rural commodity economy, these regulations are formulated in accordance with relevant national laws and regulations and combined with the actual situation of our province. Article 2 An agricultural contract is an agreement between an agricultural collective economic organization and its members to clarify the relationship between their rights and obligations in order to implement the responsibility system for production and operation. 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. Article 4 The conclusion of agricultural contracts must abide by the laws and regulations of the state and meet the requirements of national policies and plans; 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 When an agricultural contract is established according to law, the parties concerned must fully perform it, and neither party may change or terminate it without authorization. Article 6 The contracting right of agricultural collective economic organizations and the contracting right of their members shall be protected by law, and no other unit or individual may infringe upon it. Seventh provinces, cities and counties (including county-level cities and districts, the same below) agricultural administrative departments and township (including towns, the same below) people's governments are the competent authorities of agricultural contracts. Other relevant administrative departments shall assist in the supervision, inspection and management of agricultural contract. Chapter II Contracting out and contracting Article 8 The resources and assets collectively owned by farmers and the state-owned resources whose collective right to use has been obtained according to law shall be contracted out by agricultural collective economic organizations within the scope of ownership units. If an agricultural collective economic organization has not been established, it may be contracted out by the villagers' committee. 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 and decided democratically. Tenth agricultural collective economic organizations to contract the project, the members of the resource and asset ownership units have the right to contract. With abundant resources and assets, members of non-ownership units can also contract, but they must be decided by the members (villagers) assembly or representative meeting of the ownership unit through democratic discussion.

professional contracting shall be subject to public bidding. Article 11 The contract term 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 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 expiration of the contract. Article 12 The contractor has only the right to use the contracted resources and assets, and is not allowed to lease, sell or mortgage them, and is not allowed to change the use agreed in the contract. Thirteenth the employer shall, in accordance with national laws and policies, safeguard the contractor's business autonomy and income rights; 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. Fourteenth the contractor shall, in accordance with national laws and policies, safeguard the collective economic interests; Implementing the national mandatory plan and collective unified planning; 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 15 the procedures for concluding an agricultural contract must be complete, and the following contents must be specified in a standard written contract:

(1) the contracted project (name, variety, quantity, address and use of resources or name, specification, brand, quantity, quality, price and use of assets, etc.);

(2) the starting and ending time of the contract;

(3) the contract payment for joint production that should be paid by the contractor;

(4) matters agreed by both parties in accordance with Articles 13 and 14 of these Regulations;

(5) the distribution method of contract income and the method of adjusting the income distribution when the national tax and price policies have changed greatly;

(6) Liability for breach of contract and reward and punishment measures;

(7) Other matters agreed by both parties.

the rights and obligations of both parties are stipulated in the contract. Article 16 The conclusion of an agricultural contract must be signed (sealed) by both parties or their representatives.

if you entrust others to conclude a contract, you must submit a power of attorney. Seventeenth agricultural contract in triplicate. The employer, the contractor and the competent authority of the rural agricultural contract shall each keep one copy.

if the parties to an agricultural contract request authentication, the competent authority of the rural agricultural contract shall give authentication and collect authentication fees according to the regulations. Article 18 An agricultural contract is still valid if the contracting-out unit is divided or merged with other units and its legal representative is changed. The rights and obligations of the employer shall be exercised and performed by the separated and merged units. Article 19 An agricultural contract is invalid under any of the following circumstances:

(1) It violates the laws, regulations and policies of the state;

(2) harming the interests of the state, the collective and the public;

(3) signing by fraud, coercion or other improper means;

(4) The employer has no right to contract out or its legal representative violates the provisions of Article 9 of these regulations;

(5) The contractor subcontracts, transfers contracted projects or subcontracts for profit.

the right to confirm an invalid contract belongs to the competent agricultural contract authority and the people's court.