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Article 45: Where rural land is contracted by other means, a contract shall be signed. The rights and obligations of the parties and the duration of the contract shall be determined through consultation between the two parties. If the contract is contracted by bidding or auction, the contract fee shall be determined through public bidding and bidding; If the contract is contracted by means of open negotiation or other means, the contract fee shall be agreed upon by both parties.
Article 46: Barren mountains, barren ditches, barren hills, barren beaches, and so forth, may directly carry out contracted operations through means such as bidding, auction, or public consultation, and may also carry out contracted or joint-stock cooperative operations after the land contracting and management rights are converted into shares and distributed to the members of the collective economic organization.
Those who contract barren mountains, barren ditches, barren hills, and barren beaches shall abide by the provisions of relevant laws and administrative regulations to prevent soil erosion and protect the ecological environment.
Article 47: Where rural land is contracted by other means, under the same conditions, the members of the collective economic organization enjoy the right of priority in contracting.
Article 48: Where the contract-issuing party contracts rural land to units or individuals other than the collective economic organization, it shall obtain the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization, and report to the township (town) people for approval.
Where a contract is contracted by a unit or individual other than the collective economic organization, the contracting party's credit standing and business capacity shall be reviewed before signing the contract.
Article 49: Where rural land is contracted through means such as bidding, auction, or public consultation, and certificates such as land contracting and management rights certificates or forest rights certificates are obtained through registration in accordance with law, the land contracting and management rights may be transferred, leased, shared, mortgaged, or otherwise transferred in accordance with law.
Article 50: Where the right to contract and operate land is obtained through means such as bidding, auction, or public consultation, and the contractor dies, the contracted income due to him or her shall be inherited in accordance with the provisions of the Inheritance Law; During the contract period, his heirs may continue to contract.
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Sign a contract with the village, and then register with the agricultural administrative departments of the township (town) people and the people's government at the county level.
The land owned by peasant collectives shall be contracted and operated by the members of the collective economic organization, and shall be engaged in planting, forestry, animal husbandry, and fishery production. The term of land contract operation is 30 years. The contract issuing party and the contracting party shall conclude a contract stipulating the rights and obligations of both parties.
Farmers who contract to operate land have the obligation to protect and rationally use their land in accordance with the purposes agreed in the contract. Peasants' right to contract and manage land is protected by law.
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Legal Analysis: Yes. The contracting of village collective land requires the approval of more than two-thirds of the members of the villagers' meeting or the consent of more than two-thirds of the villagers' representatives, and then the village committee and the land contractor sign a land contract and generally do not need to be signed by the villagers.
Where a contract is contracted by a unit or individual other than the collective economic organization, the contractor's credit standing and business capacity shall be reviewed before signing the contract.
Legal basis: "Organic Law of the People's Republic of China on Villagers' Committees" Article 24 The following matters involving the interests of villagers can only be handled after discussion and decision by the villagers' meeting: (1) the personnel and subsidy standards of the village who enjoy the compensation for lost work; (2) the use of the proceeds from the village collective economy; (C) the establishment of the village's public welfare undertakings and fund-raising and labor planning and construction contracting programs; (4) Land contracting and management plans; (E) the village collective economic project project, contracting program; (F) the use of the homestead; (G) the use and distribution of land requisition compensation fees; (8) Disposing of village collective property by means of loans, leases, or other means; (9) Other matters involving the interests of the villagers that the villagers' meeting deems should be discussed and decided by the villagers' meeting.
The villagers' meeting may authorize the villagers' representative meeting to discuss and decide on the matters provided for in the preceding paragraph. Where the law has other provisions on matters concerning the discussion and decision of the property and members' rights and interests of the collective economic organization of the village, follow those provisions.
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Legal analysis: (1) The villagers' meeting of the members of the collective economic organization elects the contracting working group;
2) The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations;
3) Convene a meeting of villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan;
4) Publicly organize the implementation of the contracting plan;
5) Sign the contract.
Legal basis: Land Management Law of the People's Republic of China
Fourth State implementation of land use control system.
The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.
The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land, military facilities, etc.; Unused land refers to land other than agricultural land and construction land.
Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan. Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.
Article 12 The registration of the ownership and use rights of land shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property.
The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.
19th county-level land use planning shall be divided into land use areas, clear land use.
Township (town) land use planning shall be divided into land use areas, according to the land use conditions, determine the use of each piece of land, and make a public announcement.
Article 39 The State encourages units and individuals to develop unused land in accordance with the overall land use plan and on the premise of protecting and improving the ecological environment and preventing soil erosion and land desertification; Where it is suitable for development as agricultural land, priority shall be given to the development of agricultural land.
The State protects the lawful rights and interests of developers in accordance with law.
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1. The villagers' meeting of the members of the collective economic organization elects the contracting working group; 2. The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations; 3. Convene a villager meeting in accordance with the law to discuss and approve the contracting plan; 4. Publicly discuss the implementation of the contracting plan of Xunzhi; 5. Sign the contract. Article 26 of the Rural Land Contract Law stipulates that if the contract period is closed, the contract issuing party shall not take back the contracted land. During the contract period, if the contracting party's entire family moves into a small town and settles down, it shall, in accordance with the wishes of the contracting party, retain its land contracting and management rights or allow them to transfer their land contracting and management rights in accordance with law.
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Procedure: (1) The villagers' meeting of the members of the collective economic organization elects the contracting working group; 2) The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations; 3) Convene a meeting of villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan; 4) Publicly organize the implementation of the contracting plan; 5) Sign the contract. Article 20 of the Law of the People's Republic of China on Land Contracting in Nongshidan Village Land Contracting shall be carried out in accordance with the following procedures:
1) The villagers' meeting of the members of the collective economic organization elects the contractor to talk about whether the group is not formed; 2) The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations; (3) Convene a meeting of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan; 4) Publicly organize the implementation of the contracting plan; 5) Sign the contract.
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Analysis of the law of law and emptiness: (1) The villagers' meeting of the members of the collective economic organization elects the contracting working group;
2) The contracting working group shall formulate a celebration and publish the contracting plan in accordance with the provisions of laws and regulations;
3) Convene a meeting of villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan;
4) Publicly organize the implementation of the contracting plan;
5) Sign the contract.
Legal basis: "Rural Land Contracting Law of the People's Republic of China" Article 20 Land contracting shall be carried out in accordance with the following procedures:
1) The villagers' meeting of the members of the collective economic organization elects the contracting working group;
2) The contracting work incentive team formulates and publishes the contracting plan in accordance with the provisions of laws and regulations;
3) Convene a meeting of villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan;
4) Publicly organize the implementation of the contracting plan;
5) Sign the contract.
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1) The villagers' meeting of the collective economic group, including the members of the organization, elects the contracting working group;
2) The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations;
3) Convene a meeting of villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan;
4) Publicly organize the implementation of the contracting plan;
5) Sign the contract.
1. How to distribute the compensation fee for land collection.
The method of distributing the compensation fee for land acquisition is: the land compensation fee is owned by the collective and should be distributed to all members of the collective economic organization; The resettlement subsidy shall be owned by the land contractor and shall be distributed to the land contractor who has lost his land during the contract period; The compensation fee for seedlings and above-ground attachments belongs to the operating growers and the holders of attachment rights, and the specific distribution can be discussed and decided by the village collective convening a villagers' meeting.
2. What is the content of the supervision of the village affairs supervision committee?
Villagers manage their finances democratically and supervise the implementation of systems such as the disclosure of village affairs. Village affairs archives should be established. Village affairs files include:
Election documents and ballot papers, meeting minutes, land contracting plans and contracts, economic contracts, collective financial accounts, collective asset registration documents, basic information of public welfare facilities, capital construction materials, homestead use plans, land requisition compensation use and distribution plans, etc.
3. Complaint for the invalidity of rural land contract contracts.
The dispute over the validity of a rural land contract dispute is mainly over whether the signing of the contract has been democratically agreed, that is, whether a collective economic organization must obtain the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives when issuing land in accordance with the provisions of the Land Management Law, the Villagers' Organization Law and relevant laws and regulations, and the contract will be invalid without this procedure.
Article 20 of the Rural Land Contracting Law of the People's Republic of China provides that land contracting shall be carried out in accordance with the following procedures:
1) The villagers' meeting of the members of the collective economic organization elects the contracting working group;
2) The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations;
3) Convene a meeting of the villagers of the collective economic organization in accordance with the law to discuss and approve the contracting plan;
4) Publicly organize the implementation of the contracting plan;
5) Sign the contract.
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