If I want to dig a fish pond in my village, do I have to bid for it?

There are specific provisions for the bidding projects.

The engineering construction projects that must be tendered should meet the two conditions of bidding scope and scale standards at the same time

In accordance with the provisions of the "Tendering and Bidding Law" and the "Regulations on the Scope and Scale Standards of Bidding for Engineering Construction Projects" (Order No. 3 of the State Planning Commission) of the State Planning Commission:

1) Large-scale infrastructure, public utilities and other projects related to social public interests and public safety;

2) Projects that use all or part of state-owned funds for investment or state financing;

3) Projects that use loans and aid funds from international organizations or foreign countries.

The above three types of projects include the survey, design, construction, supervision and procurement of important equipment and materials related to the construction of the project

The estimated price of a single construction contract is more than RMB 2 million;

For the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than 1 million yuan;

Procurement of survey, design, supervision and other services, with an estimated price of more than RMB 500,000 for a single contract;

The estimated price of a single contract is lower than the standard specified in items and items, but the total investment amount of the project is more than 30 million yuan.

The specific scope of the above three types of construction projects is defined:

1) According to the provisions of the "Regulations on the Scope and Scale Standards of Bidding for Engineering Construction Projects", the scope of infrastructure projects related to social public interests and public safety includes:

coal, oil, natural gas, electricity, new energy and other energy projects;

transportation projects such as railways, highways, pipelines, water transportation, aviation, and other transportation industries;

water conservancy projects such as flood control, irrigation, drainage, water diversion (supply), tidal flat management, soil and water conservation, and water conservancy hubs;

urban facilities projects such as roads, bridges, subway and light rail transit, sewage discharge and treatment, garbage disposal, underground pipelines, and public parking lots;

ecological and environmental protection projects;

Other infrastructure projects.

2) The scope of public utility projects related to social public interest and public safety includes:

water supply, power supply, gas supply, heating and other municipal engineering projects;

science and technology, education, culture and other projects;

sports, tourism and other projects;

health, social welfare and other projects;

commercial housing, including affordable housing;

Other Utility Projects.

3) The scope of investment projects using state-owned funds includes:

projects using budget funds at all levels;

the use of various special construction projects that are included in financial management;

Projects that use the own funds of state-owned enterprises and institutions, and the investors of state-owned assets actually have control.

4) The scope of state-financed projects includes:

Projects that use funds raised by state bond issuance;

Projects that use funds raised by state external loans or guarantees;

projects using national policy loans;

Projects financed by state-authorized investment entities;

State-chartered financing projects.

5) The scope of projects using international organizations or foreign ** funds includes:

Projects using loans from international organizations such as the World Bank and the Asian Development Bank;

Projects using loan funds from foreign** and their institutions;

Projects that use aid funds from international organizations or foreign countries.

Legal Analysis: Yes is illegal. Basic farmland is protected by law, and farmland cannot be converted into fish ponds without permission. Therefore, it is illegal to convert paddy fields into fish ponds.

Legal basis: "Land Management Law of the People's Republic of China" Article 36 Non-agricultural construction must use land sparingly, and where wasteland can be used, cultivated land shall not be occupied; Where inferior land can be used, good land must not be occupied. It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization.

It is forbidden to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

Is it illegal to dig fish ponds on your own farmland? Is it illegal to dig fish ponds on your own farmland? According to the Regulations on the Protection of Basic Farmland, basic farmland refers to the cultivated land that shall not be occupied according to the demand for agricultural products of the population and social and economic development in a certain period of time, and according to the overall land use plan.

Basic farmland protection zone refers to a specific protected area designated in accordance with the overall land use plan and in accordance with legal procedures for the purpose of special protection of basic farmland. According to Article 17 of the Regulations, it is forbidden for any unit or individual to build kilns, houses, graves, dig sand, quarry, mine, take soil, pile up solid waste, or carry out other activities that damage basic farmland in the basic farmland protection zone. It is forbidden for any unit or individual to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

According to the provisions of Article 33, in violation of the provisions of these Regulations, occupy basic farmland to build kilns, houses, graves, sand digging, quarrying, mining, soil extraction, stacking solid waste or engage in other activities to damage basic farmland, destroy planting conditions, by the people's land administrative departments at or above the county level shall order correction or governance, restore the original planting conditions, and impose a fine of not less than 1 time but not more than 2 times the cultivated land reclamation fee for occupying basic farmland; where a crime is constituted, criminal responsibility is pursued in accordance with law. Sum up; It is not illegal to dig your own farmland if you want to. Do you understand this explanation?

1.It depends on the specific situation Unless otherwise agreed in the contract, the village does not compensate for the original investment

2. Your family contracts the fish pond, only during the contract period has the right to use After the expiration of the period, the village has the right to take back its own investment in the fish pond free of charge, and those that can be used can be dismantled or transferred to others, and those that cannot be used should be dismantled or dismantled by the village according to the contract agreement

3.Therefore, whether to compensate depends on how the contract between the two parties is agreed

4.If you believe that the original contract did not stipulate the compensation after the expiration of the contract period is obviously unfair, you have the right to apply for arbitration to request changes to the contract to protect your legitimate rights and interests, and there is no fee for applying for arbitration

Article 54 of the Contract Law provides that one of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:

1) It was concluded due to a major misunderstanding;

2) It is obviously unfair at the time of the conclusion of the contract.

If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

Where a party requests a modification, the people's court or arbitration institution must not revoke it.

Law on Mediation and Arbitration of Disputes over Rural Land Contracting

Article 52: Fees must not be collected from the parties in the arbitration of disputes over rural land contracting, and the expenses for arbitration work are to be included in the fiscal budget to be guaranteed.

When the contract expires, of course, the contracted goods must be returned, and as for your input, if there is a contract that can be compensated, then the compensation, if there is no agreement, there will be no compensation.

No, the fine in the early stage is only an administrative penalty for you violating the provisions of relevant laws and regulations, not an asset in the early stage. Now that it is due, you can only bid like everyone else.

You can consult a professional for details.

According to the law, the original contractor has the right of first refusal under the same conditions.

Zongheng Legal Network-Anhui Bagong Law Firm-Hou Jianhuai lawyer.