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According to the provisions of the Rural Land Contract Law, the contract period is 30 years for cultivated land, 30 to 50 years for grassland, and 30 to 70 years for forest land. If it is a transfer of contracted management rights, it can only be transferred during the remaining contract period of the original contractor, and cannot exceed the remaining contract period. If you confirm that it is a land contract, then this period cannot be protected by law.
Reference: Rural Land Contract Law.
Article 20 The contract period for cultivated land shall be 30 years. The contract period for the grassland is 30 to 50 years. The contract period of forest land is 30 to 70 years; The contract period of forest land for special forests can be extended with the approval of the competent forestry administrative department.
Article 33 The following principles shall be followed in the circulation of land contract management rights:
1) Consultation on an equal footing, voluntary, and paid, and no organization or individual may compel or obstruct the contracting party to carry out the circulation of land contracting and management rights;
2) The nature of the ownership of the land and the agricultural use of the land shall not be changed;
3) The term of circulation shall not exceed the remaining period of the contract period;
4) The transferee must have the ability to operate in agriculture;
5) Under the same conditions, the members of the collective economic organization enjoy priority.
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What for the grass can be signed for fifty years of contract.
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Parents transfer their land use rights to their sons and daughters, and the agreements signed are generally legally binding.
Measures for the Administration of the Circulation of Rural Land Contracting and Management Rights
Chapter 2 Circulation: Acting as the first person.
Article 6: The contracting party has the right to decide on its own in accordance with law whether the contracted land is to be transferred, and the object and method of such transfer. No unit or individual may compel or obstruct the contractor from transferring its contracted land in accordance with law.
1) The names and addresses of both parties;
2) the four to, location, area, and quality grade of the land in circulation;
3) the duration and start and end dates of the circulation;
4) the mode of circulation;
5) the use of the land to be transferred;
6) the rights and obligations of the parties;
7) Circulation price and payment method;
9) Liability for breach of contract.
The text format of the contract for the transfer of rural land contracting and management rights shall be determined by the provincial people's agricultural administrative department.
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No, it is the village committee that affixes the official seal.
Article 32: Land contracting and management rights obtained through household contracting may be transferred by subcontracting, leasing, swapping, transferring, or other means in accordance with law.
Article 33 The following principles shall be followed in the circulation of land contract management rights:
1) Consultation on an equal footing, voluntary, and paid, and no organization or individual may compel or obstruct the contracting party to carry out the circulation of land contracting and management rights;
2) The nature of the ownership of the land and the agricultural use of the land shall not be changed;
3) The term of circulation shall not exceed the remaining period of the contract period;
4) The transferee must have the ability to operate in agriculture;
5) Under the same conditions, the members of the collective economic organization enjoy priority.
Article 34: The main body of the circulation of land contracting and management rights is the contracting party. The contracting party has the right to decide on its own in accordance with the law whether and how the land contracting and management rights should be transferred.
Article 35: During the contract period, the contract-issuing party shall not unilaterally terminate the contract, shall not force the contracting party to give up or change the right to contract and operate land under the pretext that the minority obeys the majority, shall not take back the contracted land for bidding and contracting on the grounds of dividing the "ration field" and "responsibility field", and shall not recover the contracted land to offset the arrears.
Article 36: Subcontract fees, rents, transfer fees, and so forth for the transfer of land contracting and management rights shall be determined through consultation between the parties. The proceeds of circulation shall be owned by the contracting party, and shall not be withheld or withheld by any organization or individual without authorization.
Article 37: Where land contracting and management rights are transferred by 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;
2) the name, location, area, and quality grade of the land in circulation;
3) the duration and start and end dates of the circulation;
4) the use of the land to be transferred;
5) the rights and obligations of the parties;
6) Circulation price and payment method;
7) Liability for breach of contract.
Article 38: Where land contracting and management rights are transferred by way of exchange or transfer, and the parties request registration, they shall apply for registration to the local people** at or above the county level. Without registration, it is not allowed to confront a bona fide third party.
Article 39: 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.
Article 40: Contracting parties may exchange land contracting and management rights for land belonging to the same collective economic organization for the convenience of cultivation or their respective needs.
Article 41: Where 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 farmer household is to 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.
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The contractor shall apply in writing, and the village head shall sign and approve it, and it shall be stamped with the official seal of the village committee. Because one side is right.
Changes to the contract require the consent of the other party and are null and void. For auspicious information, please refer to the General Principles of the Civil Law, etc.
Laws and regulations. Personal understanding, for reference only.
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As long as the village committee affixes the official seal, it is sufficient.
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Party A: (hereinafter referred to as Party A).
Party B: (hereinafter referred to as Party B).
ID Number:
In accordance with the provisions of the Contract Law, the Rural Land Contract Law and other laws and regulations, and in line with the principles of "openness, integrity, equality and voluntariness", the following terms have been reached on the forest land contract after friendly consultation between Party A and Party B, which are hereby jointly complied with.
1. Party A will transfer the land management right of the forest land of the villager group in the county township (town) village to Party B in accordance with the law.
2. The term of the contract shall be from xx-xx-xx to xx-xx.
3 and 4 to the limit are shown in the attached drawing.
Fourth, the transfer **: within the term of this contract, it will be settled at one time per mu. (Combined with your own situation, it is best to pay once a year).
5. Settlement method: cash settlement, both parties A and B take the receipt as the basis.
6. The land transferred by Party A shall not have any disputes, disputes and debts.
7. During the term of this contract, Party B shall enjoy independent production autonomy, management rights and all rights enjoyed by Party A, but shall not change the nature of land use, and Party A shall not interfere with Party B's normal production and business activities for any reason.
8. Liability for breach of contract: The above terms are reached by both parties on a completely equal and voluntary basis, and neither party shall breach the contract under any pretext, otherwise, the economic losses caused by unilateral breach of contract to the other party shall be borne by the breaching party.
9. This contract shall come into force from the date of signature of both parties, in triplicate, with one copy for each party A and B, and one copy for the record submitted to the competent department.
Party A: Party B:
YYYYYYYYYYYYYYYYY
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Who to sign the land with.
The contract depends on the owner of the land. Land owned by peasant collectives that belongs to village peasant collectives in accordance with law shall be contracted by village collective economic organizations or villagers' committees; 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.
Referring to Article 13 of the Rural Land Contract Law of the People's Republic of China, land owned by peasant collectives belongs to village peasant collectives in accordance with the law, and is 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.
With reference to Article 14 of the Rural Land Contract Law of the People's Republic of China, the contract issuing party enjoys the following rights:
1) Contracting out rural land owned by the collective or owned by the state and used by the collective in accordance with law;
2) Supervise the contractor's rational use and protection of land in accordance with the purposes agreed in the contract;
3) Stop the contractor's acts that damage the contracted land and agricultural resources;
4) Other rights provided for by laws and administrative regulations.
With reference to Article 15 of the Rural Land Contract Law of the People's Republic of China, the contract issuing party undertakes the following obligations:
1) Maintain the contracting party's right to contract and operate land, and must not illegally change or terminate the contract;
2) Respect the contractor's autonomy in production and operation, and must not interfere with the contractor's normal production and business activities in accordance with law;
3) Provide production, technology, information and other services to the contractor in accordance with the provisions of the contract;
D) the implementation of the county, township (town) land use planning, the organization of the collective economic organization within the construction of agricultural infrastructure;
5) Other obligations provided for by laws and administrative regulations.
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The village committee has already awarded the contract to the villagers, so if you want to contract, you can only subcontract (or lease, transfer and other forms of land contracting and management rights circulation), that is, you have to sign a contract with the villagers. It should be noted that if it is transferred, it must be approved by the village committee.
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Hello, according to the facts of the case, the village committee has contracted the mountain land to the individual villagers, then the rural land contracting relationship has been formed, the individual villagers are the contractor, the village committee is the contract issuing party, the villagers enjoy the right to contract and manage the land, which belongs to the nature of the property right of usufructuary rights, you want to contract from the villagers, this belongs to the nature of land circulation, the form of circulation includes transfer, lease, exchange, subcontracting and other forms, both for the nature of circulation, then the land circulation contract should be signed with the villagers as the contractor, as for the form of circulation, It should be determined according to the actual situation and requirements, and it should be noted that if the transfer is adopted, the consent of the contract issuing party, that is, the village committee, is required, and other forms of circulation only need to be filed with the village committee, which is to be paid special attention to.
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You have to sign a circulation contract with the villagers. If it is a transfer, it must be agreed by more than two-thirds of the villagers or more than two-thirds of the villagers' representatives.
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The mountainous land has been allocated to the villagers, and if the contract is to be contracted, it is necessary to negotiate with the villagers who have the right to operate the mountainous land, and then sign a land circulation contract, which is in quadruplicate, with one for each party, one for the village committee for the record, and one for the township economic management station. If the transfer contract is signed, it must be approved by the village committee.
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The sale and purchase of rural land privately, even if an agreement has been signed, is invalid.
Article 10 of the Land Administration Law:
The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees; Where it is owned by a peasant collective that already belongs to two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village, and if it is already owned by a township (town) peasant collective, it shall be operated and managed by the township (town) rural collective economic organization.
A and B purchase of land privately, without the permission of the village committee or the township or rural collective economic organization, is invalid.
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The private sale and purchase agreement of rural land is invalid, and the house sale and purchase agreement is valid.
The law clearly stipulates that the ownership of rural land is owned by the collective and cannot be transferred without expropriation and expropriation in accordance with the law, so the private land sale and purchase agreement is invalid; Houses in rural areas can be bought and sold, but only to persons within the collective economic organization, and the seller will lose his homestead land and will no longer be allowed to build his own house on the collective land. The contract for the sale and purchase of a house is a true expression of intent and is valid.
The peasants only have the right to use the homestead land, and the land belongs to the peasant collective. Homesteads are transferred between members within the rural organization and not to non-members of the rural organization. The internal members of the rural organization have a rural household registration and meet the requirements for applying for a homestead land, and the homestead land belongs to the rural collective's construction land, and the collective enjoys ownership and distributes it to the peasants for use, and the transfer between peasants does not violate the law.
The ownership of the homestead belongs to the collective, and the right to use is enjoyed by the individual farmer, and if the farmer buys and sells the house built on the homestead, the right to use the homestead is also transferred, and at this time, the transfer of the homestead is valid, but the farmer cannot apply for the homestead after transferring or selling the house on the homestead and the right to use the homestead.
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Invalid, which is against the law. This is because the essence of the sale and purchase of land in rural areas is the transfer of the right to contract and manage land, and it is illegal to buy and sell. Whether it is urban or rural, there is no possibility of buying and selling land privately in China.
If the land is rural contracted land, then the signing of the sale and purchase agreement is invalid, and the rural contracted land cannot be bought and sold, but can only be voluntarily transferred in accordance with the law, and a subcontract or transfer contract can be signed, and the income of this piece of land after subcontracting should be stipulated in the contract. The Land Management Law and its implementing regulations are applicable to the law.
Legal basis: Civil Code of the People's Republic of China
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