Can the transferred land contract management right be used as construction land?

According to the regulations, the contracted land cannot be used for construction, but can only be used for agricultural operations, which is also to protect cultivated land. If you want to use it as construction land, you need to have the right to use the land, and after having the right to use, you can go through some strict approval procedures to convert the land into non-agricultural land, and finally approve it as building land.

The right to contract and manage the transferred land cannot be used for construction purposes. This is strictly regulated by the state, and the chairman of the Agriculture and Rural Affairs Committee of the National People's Congress has made a clear interpretation of this! The contracted land management rights that are transferred can only be used for agricultural operations, and cannot be used for construction purposes, which has always been the case and will not change.

First of all, the transfer of land transfer is the right to use the land, that is, the right to operate, not the ownership, and the ownership of the land has not changed; Second, the purpose of the land transfer policy is to increase the use of land in this way and release more rural labor, rather than diverting it to other uses. Therefore, the transferred land cannot be used as construction land.

The transferred land contract management rights cannot be used as construction land, because our country's current policy stipulates that all arable land is not allowed to be used as construction land. As for some of the transferred land, due to several procedures, once there is a problem, we have no way to protect our rights and interests. On the other hand, it is important to note that our people have only the right to use the land and not to own it.

It must not be, because the land contracting and management rights of this matter are only used for use, no, it can be used as land for construction, it can only be used for planting, it can only be used for products, and it cannot be used to build some facilities on it, only the management right is not used to build the construction group.

After approval by the people of the city or county, it can be.

Article 44 of the Land Management Law stipulates that if the construction occupies land and involves the conversion of agricultural land into construction land, the approval procedures for the conversion of agricultural land shall be completed.

If the permanent basic farmland is converted into construction land, it shall be approved by ***.

Within the scope of the construction land of cities, villages and market towns determined in the overall land use plan, if the agricultural land other than the permanent basic farmland is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan or its authorized authority in batches according to the annual land use plan in accordance with the provisions of the first department. Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the people of the city and county.

Outside the scope of the construction land of cities, villages and market towns determined in the overall land use plan, the agricultural land other than the permanent basic farmland shall be converted into construction land, which shall be approved by the people of the province, autonomous region and municipality directly under the Central Government.

The right to contract and operate the transferred land cannot be used for construction purposes. In order to protect cultivated land, the use of the contracted land management right is controlled, and the conversion of farmland into non-agricultural land must go through strict examination and approval procedures, and the land contracted management right in circulation is not allowed to use land as construction land.

The answer is no, the land contract management rights transferred from the hands of the peasants can only be bought to operate agriculture-related businesses, which is stipulated by the state; If you want to build a business model type of land, then you must have a special approval.

The Ministry of Land and Resources acts strictly in accordance with the law. To build photovoltaic equipment, your company needs to obtain the right to use the land, and the type of use right is construction land or business land, and the contracting right is not equal to the right to use. So no, this is a violation of the relevant laws and regulations formulated by the state.

At present, the state advocates the cultivation of land area. The cultivated area of the land and the commercial area are different, so you can't go to the apprentice princess area and the commercial area are different, so you can't transfer it privately.

If necessary, it can be coordinated and communicated through official actions. Then we will see if there is any way to transfer the land management right to construction.

According to the two of us, what I have learned is that the transferred land contract management right cannot be used as construction land, because construction land is a commercial land management right and a land contract management right are not the same. The right to operate the construction land must be re-applied.

Legal analysis: The circulation of land contracting and management rights refers to the fact that the land contracting and management rights obtained through contracting can be transferred by subcontracting, leasing, swapping, transferring or other means in accordance with the law.

Legal basis: Article 13, Paragraph 2 of the Land Management Law of the People's Republic of China The land owned by the State for agricultural purposes in accordance with the law may be contracted and operated by units or individuals engaged in planting, forestry, animal husbandry and fishery production.

Legal analysis: 1. The land contracting and management rights obtained by household contracting can be transferred, and 2. The state protects the contracting party to carry out the circulation of land contracting and management rights in accordance with the law, voluntarily and with compensation.

Legal basis: "Opinions of the General Office on Guiding the Healthy Development of the Rural Property Rights Circulation and Trading Market" Article 8 There are many types of rural property rights, complex ownership relationships, diverse carrying functions, and different applicable rules, so classified guidance should be implemented. Varieties that are not restricted by law can be traded in the market, and the method, term and development and utilization of circulation transactions after circulation transactions shall comply with relevant laws, regulations and policies.

The trading varieties at this stage mainly include:

1) Rural households' contracted land management rights. It refers to the management rights of cultivated land, grassland, aquaculture water surface and other areas contracted by household contracting, which may be transferred and traded by means of leasing or shareholding, and the period of circulation shall be determined by the two parties to the circulation through consultation within the scope of the law.

2) Forest tenure. It refers to the right to manage collective forest land and the ownership and use right of forest trees, which can be transferred and traded by means of leasing, transferring, shareholding, capital contribution or cooperation, and the circulation period cannot exceed the statutory period.

3) The right to use the "four wildernesses". It refers to the right to use barren hills, barren ditches, barren hills, and barren beaches owned by rural collectives. Where it is obtained by means of household contracting, it shall be transferred and traded in accordance with the relevant provisions on the land management rights contracted by rural households.

Where contracts are contracted in other ways, the contracted management rights may be transferred or traded by means of transfer, lease, shareholding, mortgage, etc.

4) Rural collective operating assets. It refers to the ownership or right to use the operating assets (excluding land) that are uniformly managed by rural collectives, and can be transferred and traded by contracting, leasing, transferring, shareholding, joint venture, cooperation, etc.

5) Agricultural production facilities and equipment. It refers to the agricultural production facilities and equipment owned by farmers, farmers' cooperative organizations, rural collectives and agriculture-related enterprises, which can be transferred and traded by means of transfer, lease and auction.

6) The right to use small water conservancy facilities. It refers to the right to use small water conservancy facilities owned by farmers, farmers' cooperative organizations, rural collectives and agriculture-related enterprises, which can be transferred and traded by contracting, leasing, transferring, mortgage, shareholding cooperation, etc.

7) Agricultural intellectual property rights. It refers to agriculture-related patents, trademarks, copyrights, new varieties, new technologies, etc., which can be transferred and traded in the form of transfer, lease, and share cooperation.

viii) Miscellaneous. Bidding for rural construction projects, investment and transfer of industrial projects, etc.

According to the law, the right to contract and operate land can be transferred. Specifically, if the term of circulation of land operation rights is more than five years, the parties concerned may apply to the registration authority for registration of land operation rights; Where rural land is contracted through bidding, auction, public consultation, etc., and the ownership certificate is obtained through registration in accordance with law, the land management right may be transferred by leasing, buying shares, mortgaging or other means in accordance with law.

Article 339 of the Civil Code stipulates that the owner of the land contract and operation right may independently decide to transfer the land operation right to him by leasing, buying shares or other means in accordance with the law.

Article 38 of the Rural Land Contract Law of the People's Republic of China The following principles shall be followed in the circulation of land management rights:

A) in accordance with the law, voluntary, paid, no organization or individual may force or obstruct the circulation of land management rights;

2) The nature of land ownership and the agricultural use of land shall not be changed, and the comprehensive agricultural production capacity and agricultural ecological environment shall not be destroyed;

3) The circulation period shall not exceed the remaining period of the contract period;

4) The transferee must have the ability or qualification to operate in agriculture;

5) Under the same conditions, the members of the collective economic organization enjoy priority. Article 39 The price for the transfer of land operation rights shall be determined by both parties through consultation. The proceeds of the circulation shall belong to the contractor, and shall not be withheld or withheld by any organization or individual without authorization.

Article 40 For the transfer of land operation rights, both parties shall sign a written contract for the transfer. The contract for the transfer of land operation 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 period of circulation and the start and end dates;

4) the use of the land to be transferred;

5) the rights and obligations of the parties;

6) Circulation price and payment of Fangyan return;

G) the land is expropriated, requisitioned, occupied in accordance with the law when the relevant compensation fees;

8) Liability for breach of contract. 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 41 Where the period for the circulation of land operation rights is more than five years, the parties concerned may apply to the registration authority for registration of land operation rights.

Without registration, it is not allowed to confront a bona fide third party.

Article 42 The contracting party shall not unilaterally terminate the contract for the transfer of land operation rights, except in any of the following circumstances:

1) Unauthorized alteration of the agricultural use of the land;

2) Abandoning farmland for more than two consecutive years;

3) Causing serious damage to the land or seriously damaging the ecological environment of the land;

4) Other serious breaches. Article 43 With the consent of the contracting party, the transferee may, in accordance with the law, invest in improving the soil and building ancillary and supporting facilities for agricultural production, and obtain reasonable compensation for the part of its investment in accordance with the contract. Article 44 Where a contracting party transfers land management rights, its contractual relationship with the contract-issuing party remains unchanged.

Most of the agricultural land in rural areas is contracted by households, and the village committee will sign a land contract with the villagers, and the contract period stipulated in the land contract cannot exceed the statutory period. At present, the state's policy also allows the circulation of land contract management rights, but in the process of land contract management rights, the nature and use of land cannot be changed.