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When writing a land swap agreement, it is mainly necessary to clearly write the geographical location of the land to be exchanged, as well as the boundary line and area. It is necessary to have the seal of the natural village and the seal of the village committee. If it is cultivated land and has a contract certificate, it is necessary to go to the ** department for the record to renew the land contract certificate.
The following is a sample of the land swap agreement:
Hereinafter referred to as Party A.
Hereinafter referred to as Party B.
In accordance with the provisions of Articles 32, 33 and 37 of the Rural Land Contract Law of the People's Republic of China and relevant laws, regulations and policies, Party A and Party B have reached the following agreement on the issue of land swap after consultation:
1. Party A is willing to exchange the area of mu with the area of Party B's mu. 2. After the land exchange, the two parties will not make economic compensation.
3. The term of the swap shall be from XX-XX-XX to XX-XX-XX (Note: based on the national policy on the number of years of self-reserved land).
4. After the exchange, if the state expropriates the land of one party, the land user after the exchange shall enjoy the resettlement compensation for the expropriation, and the original contract with the village shall be terminated, and the party that has not been expropriated shall sign a new contract with the village.
5. After the exchange, if one party changes the nature of land use, the party that changes the nature of land use shall go through the relevant formalities with the relevant departments prescribed by the state, and the other party may permanently enjoy the land use rights after the exchange (except for those that cannot be enjoyed by the state).
6. After the land swap agreement is signed, it shall be reported to the village committee for the record.
7. This agreement shall be made in triplicate, with one copy for each party A and B and one copy for reporting to the village committee.
Party A (Signed):
Date. Party B (Signed):
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The land swap agreement is written as follows:
1. The subject matter of the exchange shall be the land plot of Party A to Party B, and the land area of Party A shall be exchanged to Party B;
2. The term of land exchange. The operation period of the land swap between Party A and Party B is one year, that is, from the date of XX-MM-DD to the date of YYYY-MM-DD;
3. Exchange the ownership and contracting rights of land. The exchange of land between the two parties shall be carried out on the premise that the ownership of the land remains unchanged. After the land exchange, Party A and Party B no longer enjoy the right to contract and operate the land they swapped out;
4. Delivery time and method;
5. Liability for breach of contract. After the contract comes into effect, both parties shall strictly perform their contractual obligations in good faith;
6. Miscellaneous. The contract shall be in quadruplicate, with one copy for each party A and B, and one copy for the employer and the certification unit.
Rural Land Contract Law of the People's Republic of China
Article 9. After contracting the land, the contracting party enjoys the right to contract and operate the land, and may operate it by itself, or may retain the right to contract the land, transfer the land management right of the contracted land, and let others operate it. Article 11.
Rural land contracting and management shall comply with laws and regulations to protect the rational development and sustainable use of land resources. Without approval in accordance with law, the contracted land shall not be used for non-agricultural construction.
The State encourages the increase of input to land, the cultivation of soil fertility, and the enhancement of agricultural production capacity.
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Legal analysis: Specify the personal information of both parties, and the content of the contract shall be completed by agreement between the two parties, and confirmed and signed by both parties.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:
1) The names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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The content of the pre-contract is agreed upon by the parties, and generally includes the following clauses: (1) the names and addresses of the parties; (2) the underlying wisdom index; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of settling disputes.
Article 470 of the Civil Code of the People's Republic of China.
The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.
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"Rural Land Swap Agreement" hereinafter referred to as Party A hereinafter referred to as Party B In accordance with the provisions of relevant laws, regulations and policies, Party A and Party B sign the following agreement.
Legal basis: Article 12 of the "Opinions on Further Promoting the Reform of the Household Registration System" stipulates that the right to contract land management and the right to use homestead land are the usufruct rights granted to farmers by law, and the right to distribute collective income is the legal property right that farmers should enjoy as members of collective economic organizations.
Accelerate the confirmation, registration, and issuance of certificates for rural land rights, and protect farmers' rights to contract and manage land and use homestead land in accordance with the law. Promote the reform of the property rights system of rural collective economic organizations, explore methods for determining the membership of collective economic organizations and effective forms of collective economic realization, and protect members' collective property rights and income distribution rights. Establish a market for the circulation and trading of rural property rights, and promote the open, fair and standardized operation of rural property rights circulation and transactions.
Adhere to the principles of law, voluntariness, and compensation, and guide the orderly transfer of land contract management rights for the agricultural transfer population. Whether or not farmers who settle in cities should withdraw from the "three rights" for compensation should be carried out in accordance with the spirit of the Third Plenary Session of the 18th Central Committee of the Communist Party of China and on the premise of respecting the wishes of farmers. At this stage, the withdrawal of the right to contract land management, the right to use homestead land, or the right to distribute collective income must not be taken as a condition for peasants to settle down in cities.
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The land swap agreement shall state the basic identity information of the person to be exchanged; The location, area, and four to; the term of the land exchange; exchange of land ownership and contract management rights; the time and manner of delivery; liability for breach of contract; Effective Terms and Dispute Terms.
[Legal basis].Article 33 of the Rural Land Contract Law.
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, and file them with the contract-issuing party.
Article 36.
The contracting party may independently decide to transfer the land management right to others by leasing the contract), buying shares or other means in accordance with the law, and file it with the contract issuing party.
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The model rural land swap agreement can state the basic identity information of the exchanger; The location, area, and four to; the duration of the swap of land; swapping tenure of land; the timing and manner of land delivery; liability for breach of contract; Effective Terms and Dispute Terms.
[Legal basis].Article 470 of the Civil Code.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
(2) the subject matter; (3) Quantity;
(4) Quality; (5) Price or remuneration;
(6) The time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods of dispute resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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