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Legal basis: Civil Code of the People's Republic of China
Article 333 Absolute dispersion 19: The holder of land contracting and management rights may independently decide to transfer land management rights to others by leasing, buying shares, or other means in accordance with law.
Article 340 The holder of the right to operate land shall have the right to occupy rural land within the time limit agreed in the contract, and to carry out agricultural production and operation by the head of the clan and to obtain profits.
Article 3 or 141 The right to operate land with a circulation period of more than five years shall be established when the circulation contract takes effect. The parties concerned may apply to the registration authority for the registration of land operation rights; Without registration, it is not allowed to confront a bona fide third party.
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Where the right to contract and operate land is transferred by means of subcontracting, leasing, swapping, transferring, or other means, both parties shall sign a written contract. Where the transfer is adopted, the consent of the contract issuing party shall be obtained; Where subcontracting, leasing, swapping, or other methods of circulation are employed, it shall be reported to the contract-issuing party for the record. The contract for the transfer of land contracting and management rights generally includes the following clauses:
1) The names and addresses of both parties; (B) the name, location, area, quality level of the land in circulation; the duration and start and end dates of the circulation; (D) the use of the land transferred; (5) the rights and obligations of both parties; (6) the circulation price and payment method; (7) Liability for breach of contract. Where land contracting and management rights are transferred by way of exchange or transfer, and the parties request registration, they shall apply for registration with the local people** at or above the county level. Without registration, it is not allowed to confront a bona fide third party.
The contracting party may subcontract or lease part or all of the land contracting and management rights to a third party for a certain period of time, and the contracting relationship between the contracting party and the contract issuing party remains unchanged. Where the contracting party has handed over the land to others for cultivation for no more than one year, it may not sign a written contract. In order to facilitate cultivation or their own needs, the contracting parties may exchange land contracting and management rights for land belonging to the same collective economic organization.
If the contracting party has a stable non-agricultural occupation or a stable income, with the consent of the contract issuing party, it may transfer all or part of the land contracting and management rights to other rural households engaged in agricultural production and operation, and the rural households shall establish a new contracting relationship with the contract issuing party, and the contracting relationship between the original contracting party and the contract issuing party on the land shall be terminated immediately. In order to develop the agricultural economy, the contractors may voluntarily jointly invest in the land contract management rights and engage in agricultural cooperative production. Where the contracting party increases its land production capacity by investing in the contracted land, it shall have the right to receive corresponding compensation when the land contracting and management rights are transferred in accordance with law.
The above is how to write the certificate of the right to contract the operation of the land in the land of the land to be transferred.
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Transferor: (3 persons) (hereinafter referred to as Party A) Transferee: (2 persons) (hereinafter referred to as Party B) In accordance with the provisions of the "Rural Land Contracting Law of the People's Republic of China", "Administrative Measures for the Circulation of Rural Land Contracting and Management Rights" and other laws, regulations and relevant national policies, Party A and Party B enter into this contract on the transfer of rural land contracting and management rights based on the principles of equality, voluntariness and compensation, and through consultation between the two parties.
1. Transfer of the subject matter: Party A will transfer the contracted management right of the contracted land (area: four site boundaries:) located in the second group of Yancha Village, Zhuanqukou Town, Dunhuang City, to Party B to engage in production and operation.
2. Duration of transfer: The term of the transferred land contracting and management right is one-time and long-term. If the term of the second round of land contracts is not adjusted to a permanent long-term term after the expiration of the second round of land contracting, if the adjustment is made, the adjusted term shall be extended.
3. Transfer**: The transfer fee for the transferred land contracting and management rights is RMB. Including Party A's investment in the improvement of the plot when it contracts to operate the plot.
5. The delivery time and square shed of the land contracting and management right: Party A will deliver the transferred land to Party B within five days after the effective date of this contract.
6. Purpose: Party B has the right to operate independently after transferring the land, engaging in agriculture, forestry, aquaculture, building temporary houses, enclosures, etc., and Party B shall not interfere.
7. The transfer of land contracting and management rights must be agreed by the contract issuing party, and Party A shall go through the relevant formalities, and file and register with the contract issuing party and the village lead people's group, and Party A shall terminate the contracting relationship with the contract issuing party after the contract takes effect, and Party B shall establish a new contracting relationship with the contract issuing party.
8. Special agreement: After this contract comes into effect, all rights and obligations arising from the land shall be borne and enjoyed by Party B. If the village, town, enterprise, state, etc. are involved in the expropriation, expropriation, demolition and relocation of the land, the compensation for the land and the attachments on the ground shall belong to Party B and have nothing to do with Party A.
9. Liability for breach of contract: This contract is the true expression of the intention of both parties A and B, and shall be strictly observed. In case of breach of contract, the breaching party shall pay the non-breaching party liquidated damages of RMB 10,000, and shall compensate for the loss if the liquidated damages are insufficient to make up for the loss.
10. Matters not covered in this contract shall be negotiated separately by the two parties.
Ten. 1. This contract shall come into force after being signed by both parties, agreed by the contract issuer and registered by the contractor Huai and Xihe villager groups. One share, one copy for each party A and B, one share for the contract issuing party, and one share for the villager group.
Party A's signature: ID number: Party A's address:
Signature of Party B: ID number: Party B's address:
The date of the representative (signature) of the employer is a model contract for the transfer of land contracting and management rights.
Detailed explanation of land contracting and management rights.
First agreement, if the agreement is not reached, it can be resolved by the court!
Article 17 of the Measures of the People's Republic of China for the Administration of Rural Land Contracting and Operation Warrants stipulates that if the rural land contracting and operation warrants are seriously defaced, destroyed or lost, the contracting party shall apply to the township (town) people's ** rural management department for renewal or reissuance. After being reviewed by the township (town) people's ** rural management department, it shall be reported to the original issuing authority for renewal and reissuance procedures. >>>More
The registered capital is more than 500,000 yuan
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