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This should be analyzed according to the situation:
1. If it is with the consent of the forest landlord, it is necessary to sign the contract forest land agreement. Go to the local industrial and commercial bureau to apply for a business license.
2. If it is not approved by the forest landlord, it is an illegal occupation of forest land, and it can be reported to the forest farm management office or the forest public security to stop the behavior of the tea farm.
Reference: Forest Law of the People's Republic of China
Chapter II, Article 18:
Forest management units shall build directly within the prohibited area of their operations.
If the engineering facilities connected to the forestry production service need to occupy forest land, they shall be approved by the competent forestry department of the people's government at or above the county level;
For the construction of other engineering facilities, it is necessary to convert forest land into non-forestry construction land, and the approval procedures for construction land must be handled in accordance with the law.
Summary: If you need to change the nature of the forest land, you need to go to the forestry bureau of the jurisdiction to apply for approval.
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According to the law, the right to contract and operate land obtained through household contracting may be transferred by subcontracting, transferring, or other means in accordance with the law. The circulation of land contract management rights shall follow the principles of equal consultation, voluntariness, and compensation, and shall not change the nature of land ownership and the agricultural use of the land. At the same time, both parties shall sign a written contract and report it to the contract issuing party for the record.
The specific regulations are as follows:
Legal basis: Article 33 of the Rural Land Contract Law.
The following principles shall be followed in the circulation of land contracting and 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 36.
Subcontract fees, rents, transfer fees, etc., for the transfer of land contracting and management rights shall be determined by the parties through consultation. 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, the 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.
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