What are the legal procedures required for farmers to transfer their land use rights?

The procedures vary depending on the nature of the land.

The land of agriculture, forestry, animal husbandry and fish belongs to land circulation, and the two parties sign and transfer the contract agreement, and the agreement period is within the contract period; Seal of the village committee; Township stamping; Can. If the receiver is an institution, it still needs to go to the land department for the record, and the set of procedures will be handled by the agency itself.

The transfer of rural homesteads is prohibited.

For industrial land, commercial comprehensive land and urban residential land, both parties can sign a transfer agreement and change the ownership to the land department.

Let's start with the recommended answer: the recommended answer is the land contract circulation of agricultural land, that is, cultivated land. It is not a collective land use right, i.e. a homestead.

Collective land use rights cannot be assigned, but can only be transferred. Only those who need to be villagers in the village and do not have homestead land can go through the transfer procedures. The state stipulates that a household can only own one homestead.

Unless, at that time, you had already carried out the pilot work of transferring rural collective land use rights. Otherwise, no.

Farmers need to call on both parties to apply to the village committee and fill in relevant written materials for the transfer of land use and the transferee; The village committee shall examine the land and the object, and the land use right transfer contract shall be signed by both parties; Submit the contract, identity certificate, and certificate of consent of the village committee to the local land and resources bureau to go through the procedures for the transfer of land use certificate. Yun Kai.

[Legal basis].Article 8 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights.

The transfer of land use rights refers to the act of the state transferring land use rights to land users within a certain period of time in the capacity of land owners, and the land users pay the land use right transfer fee to the state. A contract shall be signed for the transfer of land use rights.

Article 13. The transfer of land use rights may take the following forms:

a) the Agreement; b) Bidding;

3) Auctions. The specific procedures and steps for the transfer of land use rights in accordance with the provisions of the preceding paragraph shall be prescribed by the people of the Sheng Autonomous Region and the municipality directly under the Central Government.

According to Article 6 of the Regulations for the Implementation of the Land Management Law: If the ownership and use rights of the land are changed in accordance with the law, or the land use rights are transferred due to the sale or transfer of above-ground buildings and attachments in accordance with the law, it is necessary to apply to the local people's land management department at or above the county level for registration of the change of land ownership and use rights, and the local people at or above the county level shall replace the land certificate.

According to Article 63 of the Land Management Law, the right to use the land owned by farmers' collectives shall not be assigned, transferred or leased for non-agricultural construction; However, if an enterprise that conforms to the overall land use plan and obtains construction land in accordance with the law, the transfer of land use rights in accordance with the law due to bankruptcy, merger and other circumstances shall be carried out in addition to the prudent precautions.

Article 2 of the Land Management Law states that the People's Republic of China implements socialist public ownership of land, i.e., ownership by the whole people and collective ownership by the working masses. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit or individual may occupy, buy, sell, or illegally transfer land in any other form.

Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation. The State implements a system of paid use of state-owned land in accordance with the law.

However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

1. New regulations on the transfer of rural land use rights.

Article 63 of the Land Management Law stipulates that the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

Transfer of rural land use rights.

2. What is the term of the transfer of land use rights?

For example, the maximum term of use of residential land is 70 years, and the remaining term after the transfer is 70 years minus the original land user's use period.

Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights stipulates that the maximum term of land use rights shall be determined according to the following purposes:

a) Residential land for 70 years;

2) 50 years of industrial land;

3) 50 years of land for education, science and technology, culture, health and sports;

4) Commercial, tourism and recreational land for 40 years;

5) Fifty years for comprehensive or other land use.

Article 22 stipulates that the term of use of the land use right obtained by the land user by way of transfer shall be the remaining period of the service life stipulated in the land use right transfer contract minus the service life of the original land user.

Ride. 3. Who is the object of the transfer of land use rights?

According to the provisions of the relevant laws of the People's Republic of China, the objects of land use right transfer in China include companies, enterprises, other organizations and individuals within and outside the territory of the People's Republic of China, except as provided by law.

Article 3 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights stipulates that companies, enterprises, other organizations and individuals inside and outside Dazhiyan in the territory of the People's Republic of China, except as otherwise provided by law, may acquire land use rights and carry out land development, utilization and operation in accordance with the provisions of these Regulations.

Article 4 stipulates that land users who have obtained land use rights in accordance with the provisions of these Regulations may transfer, lease, mortgage or use them for other economic activities within the period of use of the land use rights, and their legitimate rights and interests shall be protected by state law.

Article 5 stipulates that the activities of land users in developing, utilizing and operating land shall comply with the provisions of national laws and regulations, and shall not harm the public interest.