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If the rural land contract is lost, it is sufficient to apply for a photocopy.
There are two types of rural land contracts: one is the rural land contract contracted by households; The second is the rural land contract contracted by other means. There shall be at least three copies of the rural land contract contract, one copy each held by the contract issuing party (village organization), the contracting party and the township contract verification party (township economic management station), which shall have the same legal effect.
If one of your contracts is lost, you can apply for a copy of the contract of the employer or the certifier that you have retained. In the case of rural land contracts in the form of household contracts, there is no need to worry. Because, there should also be a "Rural Land Contracting and Management Certificate".
According to the Measures for the Administration of Rural Land Contracting and Operation Certificates, after a rural household signs a rural land contract with a village organization in the form of a household contract, the village organization will report the contract materials to the township and town economic management departments. The township economic management department shall fill in the "Registration Book of Rural Land Contracting and Operation Certificate" accordingly and report it to the competent county department for review. The people at the county level shall issue the "Rural Land Contracting and Management Certificate" in accordance with the reviewed "Registration Book of Rural Land Contracting and Management Certificate".
Therefore, the Rural Land Contracting and Management Right Certificate can prove the existence of a certain land contracting and management right better than the Rural Land Contracting Certificate.
If the rural land contract is lost in other ways, it is recommended that you make a photocopy and apply for the "Rural Land Contracting and Operation Certificate" contracted by other means to protect your legitimate rights and interests.
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If the land department has a record, first ask the town land management office and the county land bureau, and bring the household registration book and ID card to reapply for the land use right certificate.
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I lost my rural land contract certificate and went there to reapply for it, Wangyuan Village, Shangzhou District, Shangluo City.
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Go to the township agricultural economic station, and the 30-year contract record is archived in the agricultural economic station.
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The contractor who loses the rural contract may apply to the contract issuing party or the local agricultural administrative department at or above the county level for a copy of the retained contract, or submit an application for contract reissuance to the township **, ** take the certificate of registration and issue the certificate to the county archives bureau to inquire about the original information, and the rural management department shall reissue it after the examination and approval.
[Legal basis].Article 23 of the Rural Land Contract Law.
The contract shall come into force on the date of its establishment. The contracting party shall obtain the right to contract and operate the land for land elimination when the contract takes effect.
Article 24.
The State implements uniform registration of cultivated land, forest land, grassland, and so forth, and the registration authority shall issue certificates such as land contracting and management rights certificates or forest rights certificates to the contracting party, and register and create a record to confirm the land contracting and management rights. Certificates such as land contracting and management rights certificates or forest rights certificates shall include all family members who have land contracting and management rights. The registration agency shall not charge other fees except for the cost of the certificate in accordance with the regulations.
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After the land contract is lost, it may apply to the contract issuing party for replacement. The parties may conclude a new contract or make a copy of the original contract, and sign or affix their seal to the copy.
According to Article 509 of the Civil Code, the parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
1. What are the principles to be observed in the conclusion of the contract?
The principles to be observed in the conclusion of a contract are:
1. The principle of equality, the legal status of the parties to the contract is evenly promoted and eliminated, etc.;
2. The principle of voluntariness, the content of the contract should be the true will of both parties;
3. The principle of fairness;
4. The principle of good faith;
5. Abide by the law and not harm the principle of social and public interests.
According to Article 509 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, the parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the joint slag tomb, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
2. Whether the Civil Code can infringe on the contract during the dispute.
During the period of dispute, the contract can continue to be performed. China's Civil Code stipulates that the parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
Article 509 of the Civil Code.
The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
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The certificate of loss of the land contract can be reissued. The contractor submits a supplementary application to the employer; The contract issuing party shall report to the people of the township where the contracted land is located according to the actual situation**; **Register the materials and issue a certificate to answer the material; The contractor goes to the county archives bureau to check the original materials; The county rural management department shall review the materials and reissue the land contract in accordance with the regulations.
[Legal basis].
Article 12 of the Rural Land Contract Law*** The competent departments of agriculture and rural affairs, forestry and grassland shall be responsible for the guidance of the national rural land contract management and the management of the contract management in accordance with their respective duties. The local people's ** agriculture and rural affairs, forestry and grassland management departments at or above the county level shall be responsible for the management of rural land contracting and contract management within their respective administrative areas in accordance with their respective duties. Township (town) people's government offices are responsible for the management of rural land contracting and management contracts within their respective administrative areas.
Hello. If the issuance of the land contracting and operation right certificate is a specific administrative act carried out by the administrative entity, and if the act of the administrative organ has caused damage to the legitimate rights and interests of your mother, you may file an administrative reconsideration or administrative lawsuit in accordance with the law to revoke the land contracting and operation right certificate made illegally. Hope the above helps.
Legal basis: Civil Code of the People's Republic of China
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