What laws and regulations are violated by the village committee using the waste brick factory to pay

According to the law, there are two forms of ownership of land: state ownership and peasant collective ownership. Article 11 of the Land Management Law, which came into effect on August 28, 2004, stipulates: "The land owned by peasant collectives shall be registered by the people at the county level, and the ownership shall be confirmed by the people.

If the land owned by the peasant collectives is used for non-agricultural construction in accordance with the law, the county-level people's first registration shall be made, and a certificate shall be issued to confirm the right to use the land for construction. Article 12 stipulates: "Where the ownership and use of land are changed in accordance with the law, the formalities for the registration of land change shall be completed."

In other words, the change of land use rights and land use must go through legal procedures, and cannot be determined by a paper agreement. Article 63 stipulates: "The right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

Obviously, the agreement reached between the village committee and the brick and tile factory to repay debts with land not only did not fulfill the legal formalities, but also violated the system of land use management, and was illegal and invalid. It makes no sense for the village committee to submit such an illegal and invalid agreement to the villagers' assembly for discussion. The villagers' committee's agreement on the repayment of debts with land should be annulled immediately.

The debt belongs to the village committee, and the brick factory is also normal for the village committee!

Therefore, although the village committee generally has the right to dispose of farmland as collective land, if the transferee does not have the qualifications to operate farmland and may change the use of farmland, the transfer is invalid, which is a direct violation of the Land Management Law.

Therefore, this kind of debt contract is likely to be invalid, but it is not absolute, depending on the situation of the counterparty.

Hello! This depends on whether the waste residue contains toxic and harmful components, if it contains toxic and harmful components, the brick house made will endanger the health of the occupants, and it is illegal for you to sell the waste to the brick factory, and the circumstances are serious and involve crimes. If the waste residue does not contain toxic and harmful components, and making bricks will not cause the residential wall to affect the health of residents, it is not illegal for you to sell the waste to the brick factory.

Thanks for reading!

Not arable land.

Cultivated land refers to the land on which crops are grown, including vegetable plots and garden plots.

Rural waste brick factories belong to collective construction land.

1. Rural land cannot be bought and sold at will. The procedures of allowing ** and confirming rights are cumbersome and annoying. The best way to do this is to rent instead of buy.

2. The land ownership of the abandoned brick factory is in the village committee, and it must have an economic relationship with the village committee, and must not have contact with individuals.

3. Usually, the waste land of the brick factory does not belong to the farmland area, but can be used for industrial projects.

First of all, you should make sure that the brick factory is built collectively, and it is best to have the right to use the land for the construction of the brick factory. Otherwise, there is no basis for buying and selling, and it is naturally illegal. Second, individual contracting is only the right to operate, and you need to decide whether to buy the right to operate or the property right of the property (equivalent to the ownership of the brick factory), both of which require the consent of the former contractor, and the consent of the employer or the owner of the property rights sale, that is, the village collective, and sign a contract with the village.

Third, buying the property rights of the brick factory is equivalent to the transfer of village and town enterprises, and legally, the collective land for construction can be a township enterprise or a village or town enterprise, and you can jointly set up a land use right through the brick factory, but in practice, many provinces are not so restricted. Fourth, after obtaining the right to use land for collective land construction, it can apply for the construction of factories and related supporting buildings, but it is not allowed to develop commercial housing.

There are also certain rules for the circulation of rural collective land, so you can first go to the village and the local land management department to find out.

During the contract period, it is possible to repay debts by means of free lease in accordance with the law.

If it is a mortgage, it is equivalent to a free transfer of the right of use. It must be approved by the village collective, the Land Bureau, and the ** at or above the county level!

It can be subcontracted and cannot be transferred. Because the land is state, not personal.

Of course, it can be sold, in the process of housing transactions in our country, it is only limited to the house property right certificate, and does not require the land certificate, that is to say, the housing transaction and the confirmation of the right are the housing certificate, the housing certificate is the only legal procedure for the house, the land certificate is not, and the land certificate can be handled by the land department if there is a housing certificate. Those who say no, do they understand it, don't they understand it, they don't understand it, they don't know it, they are stupid, and they want to mislead. At present, many commercial houses with complete procedures are sold, and the property owners have not applied for land certificates, and the national land management department only advocates you to do it, but it is not compulsory.

Hello, there is no fixed format, in accordance with the specific case letter, as far as its content is concerned, it is mainly written by whom, the scope of the land used, the period of use, etc. Proof of the village committee's consent to subletting, take your lease agreement and the lease agreement between the other company and the village committee. Proof of ownership.

The village committee shall issue a certificate, go to the town land department to apply for the land certificate, and go to the town and village construction planning department to apply for the real estate certificate.

Just handwriting a copy is fine.

1. According to what you said, the plot should be collective land.

2. In accordance with Article 12 of the "Rural Land Contract Law", land owned by peasant collectives belongs to village peasant collectives in accordance with law, and shall be contracted by village collective economic organizations or villagers' committees; Where peasant collectives already belong to two or more rural collective economic organizations in the village, the contract shall be issued by each of the rural collective economic organizations or villagers' groups in the village. Where a village collective economic organization or villagers' committee issues a contract, it must not change the ownership of the land owned by the peasant collectives of the collective economic organizations in the village.

Rural land owned by the State and used by peasant collectives in accordance with the law shall be contracted by the rural collective economic organizations, villagers' committees or villagers' groups that use the land.