How to obtain the certificate of land contracting and management right?

According to the provisions of relevant laws and regulations, the main ways to obtain the certificate of land contracting and management right are issuance, reissuance and renewal.

1. Method of issuance:

It refers to the local people at or above the county level who shall issue a land contracting and management right certificate to the contracting party, and register, confirm the land contracting and management right, and implement the contracting party of household contracting and management, and the local people at or above the county level shall issue the rural land contracting and management right certificate, and the contracting party that implements other forms of contracting and operation shall be registered in accordance with the law, and the local people's government at or above the county level shall issue the rural land contracting and management right certificate by the local people's government at or above the county level.

2. Reissue and replacement methods:

It refers to the serious deformation, destruction or loss of the rural land contracting and operation license, and upon the application of the contractor, the original issuing authority shall reissue or reissue the rural land contracting and operation license, and if the land contracting and operation certificate of Nongpaimin Village is seriously defaced, destroyed or lost, the contracting party shall apply to the people's ** rural management department of the township or town for renewal and reissuance.

Legal analysis: There are two main ways for parties to obtain land contracting and management right certificates: issuance and reissuance (replacement).

Legal basis: Rural Land Contract Law of the People's Republic of China

Article 9: After contracting land, the contracting party enjoys the right to contract and operate the land, and may operate it on its own, or may retain the right to contract the land, transfer the land management right of the contracted land, and have it operated by others.

Article 24: The State implements uniform registration of cultivated land, forest land, grassland, and so forth, and the registration body shall issue certificates such as land contracting and management rights certificates or forest rights certificates to the contracting party, and register them to confirm 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.

The certificate of land contracting and management right is a valid and evidentiary legal document for the contractor to obtain the land management right, and having this certificate means that you have the corresponding right to use the land, and others cannot interfere.

1. So can the land be transferred separately for the expropriation of the erected land?

Easements are not transferable individually. The purpose of the establishment of easement is to improve the convenience of land use, and the easement loses its meaning if it is separated from the usufructuary rights such as the right to use construction land and the right to contract and manage land. For the subject of the transferee easement, the easement cannot play a role without obtaining the transfer of the right to contract and operate the land and the right to use the construction land.

2. The confirmation of land rights is based on the household registration book.

No. At present, the confirmation of rural land rights is carried out on a basis with peasant households as a unit, and the head of the household or the representative of the household applies for confirmation of the rights, and the co-owners of the land contract management rights are not only the existing population in the household register, but also include: married people, school students, servicemen on active duty, state functionaries, and so on.

For example, the registered population shall be based on the existing family size. If the married woman obtains the contracted land in her mother's family, but does not obtain it in her mother-in-law's family, or does not obtain it in her mother-in-law's family, the married woman may choose to register it in the ownership certificate of her mother's family or her mother-in-law's family, but only in one party, and cannot be registered repeatedly.

The new family members during the second round of contract period, although they do not have the contracted land, are also registered as co-owners on the new certificate.

The Land Contract Law stipulates that if the whole family moves into a city without districts, they can still enjoy the right to contract and manage the land, and the contracted land does not need to be returned to the village collective.

3. What happens after the expiration of the contracted land.

After the expiration of the contracted land, the holder of the land contract management right shall continue to contract in accordance with the Rural Land Contract Law. The contract period for cultivated land is 30 years. The contract period for grassland is 30 to 50 years.

The term of the forest land contract is 30 70 years. At the expiration of the contract period provided for in the preceding paragraph, the holder of the land contracting and management rights shall continue the contract in accordance with the Rural Land Contracting Law. The land contracting and management right shall be established from the date on which the land contracting and management right contract takes effect.

The registration authority shall issue certificates such as land contracting and management rights certificates and forest rights certificates to the holders of land contracting and management rights, and register and confirm the land contracting and management rights.

Rural Land Contract Law of the People's Republic of China

Article 3 The State implements a system of contract management of rural land.

Rural land contracting is to be contracted by households within rural collective economic organizations, and rural land such as barren hills, barren ditches, barren hills, and barren beaches that are not suitable to be contracted by households may be contracted by means of bidding, auction, and public consultation.

Article 4 After the rural land is contracted, the nature of land ownership remains unchanged. The contracted land shall not be bought or sold.

Article 5 Members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with the law.

No organization or individual may deprive or illegally restrict the right of members of rural collective economic organizations to contract land.

Article 6 Women enjoy equal rights with men in rural land contracting. Women's lawful rights and interests shall be protected in contracting, and women must not be deprived or infringed upon by any organization or individual.