According to China's latest rural land contract law, there is no specific provision on how much land the team is allowed to contract. The land resources in each place are different, and how much can be contracted depends on the planning of the local government. I'll refer you to the latest rural land contract law, and you'll know more: (***59)
Article 1 In order to guarantee the land contracting rights of members of collective economic organizations, maintain a stable land contract relationship, and promote the development of agriculture and rural economy, these Measures are formulated in accordance with the Rural Land Contracting Law of People's Republic of China (PRC) and the actual situation of this Municipality.
Article 2 These Measures shall apply to rural land contracting and contract management within the administrative area of this Municipality.
Article 3 The term "rural land" as mentioned in these Measures refers to cultivated land, woodland, grassland, barren hills, ditches, barren hills, beaches, aquaculture water surfaces and other land that are collectively owned by farmers and owned by the state and used for agriculture according to law.
Article 4 Rural land contracting shall follow the principles of fairness, justice, openness, convenience for production and life, benefit for scale operation, and give full play to the land utility.
Fifth members of rural collective economic organizations have the right to contract rural land contracted by the collective economic organizations according to law.
No organization or individual may deprive or illegally restrict the rights of members of rural collective economic organizations to contract rural land.
Article 6 The people's governments of cities, districts and counties (autonomous counties) shall strengthen their leadership over rural land contracting and contract management, and protect the legitimate rights and interests of both parties to land contracting.
The competent department of rural land contracting of the Seventh Municipal People's Government shall be responsible for guiding the rural land contracting and contract management of the whole city.
The administrative departments of agriculture and forestry of the people's governments of counties (autonomous counties) shall be responsible for rural land contracting and contract management within their respective administrative areas.
Township people's governments and sub-district offices are responsible for the specific work of rural land contracting and contract management within their respective administrative areas.
Eighth rural land contracting departments in accordance with the law to supervise and inspect land contracting and contract management, have the right to request the inspected units or individuals to provide documents or materials related to land contracting.
The inspected unit or individual shall truthfully explain the relevant land contracting situation, and shall not hinder the competent department of rural land contracting and its staff from exercising their functions and powers according to law.
Article 9 The following newly-added rural residents belong to members of this collective economic organization:
(1) Newborn children of members of this collective economic organization;
(two) because of legal marriage or adoption and moved into the collective economic organization;
(three) according to the national immigration policy, moved to a collective economic organization;
(4) Other circumstances stipulated by laws and regulations.
Article 10 Members of collective economic organizations realize the right to land contract through household contract.
Eleventh rural collective land owners or collective economic organizations that use state-owned land according to law are the parties to the rural land contract.
The employing unit shall enjoy the following rights according to law:
(1) contracting rural land owned by collectives or owned by the state and used by collectives according to law;
(two) to formulate the land contract plan;
(three) to collect the benefits of contracted land and the compensation fees arising from land acquisition, requisition and occupation;
(four) to recover the land that the contractor should return according to law;
(five) overall planning, management and distribution of land acquisition, requisition and occupation compensation;
(six) to supervise the rational use of land by land users and stop the destruction of contracted land and agricultural resources;
(seven) other rights stipulated by laws and regulations.
Article 12 An employing unit shall perform the following obligations:
(a) to ensure that members of collective economic organizations realize the right to land contracting and income distribution;
(2) Implementing the contract rules and procedures stipulated by laws and regulations;
(three) except for statutory or agreed reasons, the contract shall not be changed or terminated;
(four) to maintain the production and operation autonomy of the contractor;
(five) to accept the contracted land returned by the contractor in advance;
(six) the organization of land reclamation, organization of mobile land rental;
(seven) to mediate land disputes between farmers;
(eight) other obligations stipulated by laws and regulations.
Article 13 Farmers and individuals of collective economic organizations or other economic organizations that contract rural land according to law are the contractors of rural land. The contractor shall enjoy the following rights:
(1) Obtaining the land use right through contracting;
(2) Abandoning the right to land contract;
(three) a new round of land contracting, under the same conditions, have priority to the original contracted land;
(four) the right to possession, use and income of the contracted land;
(five) the autonomy of contracted land production and operation, and independently decide the planting scope, planting methods and income disposal;
(six) to decide whether and how to transfer the contracted management right of rural land;
(seven) to obtain compensation fees arising from the expropriation, requisition or occupation of contracted land according to law;
(eight) other rights stipulated by laws and regulations.
Article 14 The contractor shall perform the following obligations:
(a) shall not change the agricultural use of land without authorization;
(two) shall not be abandoned land;
(3) It is not allowed to illegally cut mountains for stone extraction, mining, coking, repairing temples, temples, tombs or building permanent buildings for non-agricultural development;
(4) Other obligations stipulated by laws and regulations.
If the contractor destroys the land cultivation conditions, it shall perform the obligation of re-cultivation.
Fifteenth rural land contractual management rights are obtained through contracting. Land contracting methods include household contracting and other contracting methods.
Rural land contracting adopts household contracting within rural collective economic organizations. Rural land such as barren hills, gullies, hills and beaches that are not suitable for household contracting can be contracted through bidding, auction and public consultation.
Family contracting adopts open and democratic consultation, and other contracting methods adopt bidding, auction or open and democratic consultation.
Sixteenth unified contract by the family contract, the scope of land contract includes:
(a) the land that has been included in the scope of the last round of contracting;
(two) motor land and newly reclaimed land that were not included in the scope of the last round of contracting;
(three) other land that the collective economic organizations think is suitable for household contract.
Seventeenth farmers collectively owned land belongs to the village farmers collectively owned, managed by the village collective economic organizations or villagers' committees; Belong to the village more than two rural collective economic organizations collectively owned by farmers, contracted by the village rural collective economic organizations or villagers' groups. The village collective economic organizations or villagers' committees shall not change the ownership of the land collectively owned by farmers in the village collective economic organizations.
Rural land owned by the state and used collectively by farmers according to law shall be contracted by rural collective economic organizations, villagers' committees or villagers' groups that use the land.
Eighteenth calculation methods of contracted land area within the same collective economic organization should be unified, and indicated in the contract.
Nineteenth land contracting by household contract shall be carried out in accordance with the following procedures:
(a) the employer shall formulate the land contract scheme in accordance with the provisions of laws and regulations;
(two) the land contract scheme is approved by more than two-thirds of the members of the villagers' meeting of the collective economic organization or more than two-thirds of the farmers' representatives, and published in writing, and the publication time shall not be less than fifteen days;
(3) Organizing the implementation of the land contract scheme;
(four) on behalf of the collective economic organization, the employer negotiates with the contractor and signs the contract.
Twentieth barren hills, ditches, hills, beaches, aquaculture water contracting. It shall be conducted by bidding and auction first, and the specific procedures shall be implemented in accordance with the Bidding Law of People's Republic of China (PRC) and the Auction Law of People's Republic of China (PRC). Contracting through open and democratic consultation shall be discussed and decided by more than two thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two thirds of the farmers' representatives.
Twenty-first the employer and the contractor shall sign a land contract on the basis of equality, voluntariness and democratic consultation. If a written contract is not signed, it shall be signed within three months from the date of implementation of these measures. The contractor shall sign the contract with the employer by the head of the household or a family member with full capacity for civil conduct entrusted by the head of the household.
The contract shall include the following main clauses:
(a) the names of the employer and the contractor, and the names and residences of the responsible person of the employer and the representative of the contractor;
(two) the name, location, area, quality grade and boundary of the contracted land;
(3) The term of the contract and the start and end dates;
(4) contracted land use;
(five) the rights and obligations of the employer and the contractor;
(6) Liability for breach of contract, risk liability and dispute resolution;
(seven) other matters agreed by both parties.
Article 22 The people's governments of districts and counties (autonomous counties) shall issue certificates such as land contractual management right certificate or forest right certificate to the contractors, confirm the land contractual management right and register it.
When issuing certificates such as land contractual management right certificate and forest right certificate, no other fees shall be charged except for the fee for the certificate as required.
Twenty-third household land contract and other forms of contract management warrants shall be handled in accordance with the following provisions:
(a) within thirty days from the date of signing the contract, the employer shall submit the land contract scheme, contract process records, contracts and other materials to the township people's government and the sub-district office;
(2) The Township People's Government and the sub-district offices shall complete the examination, registration and cataloging within 15 days from the date of receiving the materials, and report to the competent department of rural land contracting of the counties (autonomous counties) for examination;
(III) The competent department of rural land contracting of counties (autonomous counties) shall complete the audit work within 30 days from the date of receiving the application materials, and report to the people's government of counties (autonomous counties) for issuing the certificate of land contractual management right.
Forest right certificate shall be handled in accordance with the relevant provisions of the state.
Family land contracting and other forms of contract management warrants and forest warrants shall be issued to the contractor within 30 days from the date of issuance.
Article 24 During the household contract period, the contractor shall decide on the division of the contracted land management right by himself after the household is divided. If no agreement can be reached, it shall be handled in accordance with the contract dispute.
In case of separation of households due to divorce, the division of land contractual management rights shall be handled in accordance with the divorce agreement or the effective legal documents of rural land contractual arbitration institutions and people's courts.
After the contractor is divided into households, the employer shall sign a contract with the farmers after the household division, and go through the formalities for changing the land contractual management right certificate or forest right certificate in accordance with legal procedures.
Twenty-fifth family contract period, under any of the following circumstances, should be in accordance with the relevant provisions of the state and the city to change the contract and land contractual management right certificate or forest right certificate and other certificates:
(a) the contractor submitted a written application and voluntarily returned part of the contracted land;
(2) Part of the contracted land of the contractor is expropriated or requisitioned according to law;
(three) part of the land contracted by the contractor is occupied by public facilities and public welfare undertakings in towns and villages according to law;
(four) part of the contracted land of the contractor is transferred by way of transfer;
(five) after the land is adjusted according to law, the contracted land area and plot of the contractor have changed;
(6) Other circumstances stipulated by laws and regulations.
Twenty-sixth family contract period, under any of the following circumstances, it shall terminate the contract in accordance with the relevant provisions of the state and this Municipality, and cancel the certificate of land contractual management right or forest right certificate:
(1) The contractor submits a written application and voluntarily returns all contracted land;
(2) All contracted land of the contractor is expropriated according to law;
(three) all the contracted land of the contractor is occupied by public facilities and public welfare undertakings in townships and villages according to law;
(four) all the contracted land of the contractor is transferred by means of transfer.
If the contracted cultivated land and grassland should be returned to the employer according to law, it should be returned to the employer within 30 days after the end of the crop harvest period in the current season, and at the same time, the contract should be terminated and the land contractual management right certificate should be cancelled; Overdue, recovered by the employer.
If all the family members of the contractor of cultivated land and grassland die, and all the family members of the contractor of forest land die without heirs, the certificate of land contractual management right or forest right certificate shall be cancelled in time, and the contractor shall recover the contracted land.
Article 27 If the land contractual management right certificate or forest right certificate is damaged or lost, the people's government of a county (autonomous county) shall, according to the contractor's written application, handle the renewal and replacement in time.
Article 28 The employer, the township people's government, the sub-district offices and the rural land contracting departments of counties (autonomous counties) shall, according to their respective functions and duties, be responsible for the registration, filing, storage and inquiry of contracts, land contractual management right certificates or forest right certificates.
The contractor has the right to consult and copy the registration materials related to its own land contractual management right certificate or forest right certificate, and the relevant departments and their staff shall provide convenience and shall not refuse or restrict it.
Twenty-ninth land contractual management rights can be subcontracted, leased, exchanged, transferred, invested or transferred in other ways according to law.
Thirtieth the transfer of land contractual management rights shall comply with the following provisions:
(a) equal consultation, voluntary, paid, no organization or individual may force or hinder the contractor to transfer the right to contracted management of land;
(two) shall not change the nature of land ownership and agricultural use of land;
(3) The circulation period shall not exceed the remaining period of the contract period;
(five) under the same conditions, members of collective economic organizations enjoy priority;
(six) a written contract shall be signed for the transfer of land contractual management rights.
Thirty-first according to the relevant provisions of the state, the contracted land can be transferred in pieces to develop a moderate scale operation.
Where the contracted land is concentrated and contiguous, involving multiple contractors, the transferee shall sign a contract for the transfer of land contractual management rights with each contractor.
Thirty-second subcontracting, leasing and pricing shares of land contractual management rights do not change the ownership of land contractual management rights. However, if there is an agreement on the rights of subsidies, subsidies and other expenses arising from returning farmland to forests and the obligations of afforestation and forest management and protection, it shall be implemented in accordance with the agreement. If there is no agreement, it shall be owned by the transferee, lessee or joint-stock enterprise operator of the land contractual management right.
Trees formed by returning farmland to forests shall be owned by the contracted land management right holders. When the forestry administrative department handles the forest right certificate, it shall take the rural land contractual management right certificate as the basis.
Thirty-third land subcontracting refers to the transfer of part or all of the contracted land management rights obtained by family contracting to other farmers of the collective economic organization.
Land subcontracting, the original contract relationship remains unchanged.
Thirty-fourth farmers who have obtained contracted land by household contract belong to the same collective economic organization and can exchange contracted land voluntarily.
With the consent of the collective economic organizations where both parties are located, the contracted land of farmers of different collective economic organizations can be exchanged.
The exchange of farmers' land contractual management rights in different collective economic organizations does not change the land ownership relationship.
Thirty-fifth rural land contractors can lease part or all of the contracted management rights of rural land to others and collect rent.
Thirty-sixth land contractors can transfer all or part of the land contractual management right according to law. The transfer of the contracted management right of land shall be subject to the consent of the employer. The Employer shall give a written reply within seven days after receiving the written application from the Contractor, and sign the opinions and affix the official seal; If no reply is made within the time limit, it shall be deemed as consent.
Article 37 A contractor may voluntarily take shares in the contracted management right of land to develop agricultural cooperative operation, but when the joint-stock cooperation is terminated, the contracted management right of land shall be returned to the original contractor.
Article 38 The right to contracted management of land obtained by other means may be mortgaged with the right to use the contracted land.
Article 39 A contractor may transfer the contracted management right of land by himself, or entrust others or villagers' committees, villagers' groups or land transfer intermediary service organizations to transfer it.
A written entrustment contract shall be signed for entrusted circulation. Without the written authorization of the contractor, the contract for the transfer of land contractual management right signed by any organization or individual on behalf of the contractor and the transferee is invalid.
Fortieth rural land contracting departments shall, according to the needs, establish a database for the transfer of land contractual management rights, release the information of supply and demand, and provide business guidance and services free of charge. The people's governments of districts and counties (autonomous counties) can establish a tangible market for the transfer of land contractual management rights according to local conditions, provide trading places for both sides of the transfer, and centrally handle the land transfer procedures.
Article 41 The contracted land management right obtained by the contractor according to law shall be protected by law, and no organization or individual may infringe upon the contractor's right to use the contracted land according to law, organize production and operation independently, dispose of products and obtain contracted income.
Forty-second collective economic organizations shall not damage the equal rights of land contracting and income distribution of their members by resolutions of villagers' meetings, consent of the majority, village regulations or any other means.
If the decision specified in the preceding paragraph causes differences or discriminatory treatment among members of the collective economic organization, the decision shall be invalid.
Forty-third farmers voluntarily give up the right to household contract management before signing the contract, and shall submit a written application signed by the head of the household to the employer within 15 days after the land contract scheme is announced.
If farmers voluntarily give up the contracted management right and return the contracted land during the household contract period, they shall submit a written application signed by the head of the household to the employer.
Farmers who voluntarily give up the right to contracted management may not ask for contracted land again during the current contract period.
Forty-fourth to the family contract, the employer shall not illegally recover the contracted land during the contract period.
During the contract period, if the family members of the contractor go out to work, do business, go to school, perform military service, be reeducated through labor, serve a sentence or die, the employer shall not recover the contracted land.
During the contract period, if a woman gets married and fails to obtain the contracted land in her new residence, the employer shall not take back her original contracted land; If a divorced or widowed woman still lives in her original place of residence or does not live in her original place of residence but has not obtained the contracted land in her new place of residence, the employer shall not take back her original contracted land.
The provisions of the preceding paragraph shall apply to married men who settle in the woman's home.
Article 45 In case of household contract, the employer shall recover the contracted land of the contractor under any of the following circumstances:
(1) During the contract period, the whole family of the contractor moved into the sub-district office under the jurisdiction of each county (autonomous county) or the resident town of the people's government of each county (autonomous county) in this city and became non-agricultural registered permanent residence;
(two) the contractor's family moved to the countryside outside the collective economic organization and obtained the contracted land in the new household registration;
(3) The overall disappearance of farmers;
(4) Other circumstances that should be recovered according to laws and regulations.
Article 46. In the case of contracting by family, the employer shall not adjust the contracted land during the contract period, except under legal circumstances.
During the contract period, if the contracted land between individual farmers needs to be properly adjusted due to legal circumstances, it must be approved by more than two-thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two-thirds of the farmers' representatives, and reported to the administrative department of agriculture of the township people's government, sub-district offices and district/county (autonomous county) people's governments for approval. If there is no adjustment as agreed in the contract, such agreement shall prevail.
Forty-seventh the following land should be used to adjust the contracted land or contract out to the new population:
(a) motor vehicles retained by collective economic organizations according to law;
(two) the land increased by land reclamation according to law;
(three) according to the provisions of these measures to return and recover land;
(four) other land that can be adjusted.
Forty-eighth adjusted land priority distribution to the following members of the collective economic organization:
(a) new members of the collective economic organizations that do not enjoy the right to land contract;
(two) due to natural disasters and other reasons to reduce the contracted land area;
(three) the contracted land is expropriated, requisitioned and occupied according to law, and the contractor voluntarily gives up the land compensation fee and resettlement subsidy.
Forty-ninth adjustment of land according to the per capita contracted arable land area of members of collective economic organizations, giving priority to supplement or adjust to the farmers with the least per capita arable land area.
The adjustment of supplementary area shall be subject to the per capita contracted arable land in this round of unified land contracting.
Fiftieth land adjustment shall be carried out in accordance with the following procedures:
(a) by the need to adjust the land of farmers to submit a written application to the employer;
(two) according to the provisions of these measures, the employer shall confirm the scope of eligible farmers, adjust the order, adjust the area and other matters and formulate the adjustment plan;
(three) publicity adjustment plan, publicity period shall not be less than seven days;
(four) the adjustment plan is adopted by more than two thirds of the members of the villagers' meeting of the collective economic organization or more than two thirds of the farmers' representatives;
(five) the adjustment plan adopted by the employer shall be reported to the Township People's Government and the street office for approval;
(six) the employer shall organize the implementation of the adjustment plan;
(seven) to sign a contract and improve the registration procedures.
Article 51 In the case of contracting by family, if the contractor abandons farmland for more than one year during the contract period, the employer may organize farming on behalf of the contractor. Substitute cultivators shall not destroy the farming conditions of the land or plant perennial crops.
During the contract period, if the contractor returns to his hometown to continue to cultivate his contracted farmland, his contracted land shall be returned after the crops are harvested in the current season, or by other means negotiated by both parties.
Fifty-second collective land ownership and land contractual management rights are protected by law. Land expropriation and requisition shall not be adopted if the land can be satisfied through occupation or collective land construction unless it is required by public interest or although it is required by public interest.
Article 53 If the contracted land owned by a collective economic organization is used for the construction of township public facilities and public welfare undertakings or the establishment of township enterprises or villagers' houses, it shall be approved by more than two-thirds of the members of the villagers' meeting of the collective economic organization or more than two-thirds of the farmers' representatives. If the occupied cultivated land does not conform to the overall land use planning of villages and towns and the annual land use plan, the relevant departments shall not go through the examination and approval procedures for the conversion of agricultural land.
For those who have gone through the examination and approval procedures for the conversion of agricultural land, the land-using unit shall give economic compensation to the original contractor, and the employer may also make appropriate adjustments to the original contractor in accordance with the provisions of these Measures.
Article 54 Disputes arising from the contracting, operation and utilization of land may be settled through consultation by the parties concerned, or they may request the villagers' committee, the township people's government or the subdistrict office for mediation.
If the parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, they may apply for arbitration or bring a lawsuit to the people's court according to law.
Fifty-fifth farmers with financial difficulties may apply for legal aid from local legal aid institutions in case of land contract disputes.
If the parties to a rural land contract dispute case are particularly in financial difficulties, they may apply to the rural land contract arbitration institution or the people's court for deferment, reduction or exemption from arbitration, litigation and other fees.
Fifty-sixth the employer has one of the following acts, by the county (Autonomous County) people's government responsible for rural land contracting department shall be ordered to make corrections within a time limit; If losses are caused, it shall be liable for compensation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) depriving or infringing the members of the collective economic organization of the right to contracted management of land according to law;
(two) there are mobile, new land and other land, and the members of the collective economic organizations that meet the contract conditions refuse to organize the contract;
(three) interfere with the production and operation autonomy enjoyed by the contractor according to law;
(four) to change or terminate the contract, adjust or recover the contracted land without authorization;
(5) failing to contract out rural land such as barren hills, gullies, barren hills, barren beaches and aquaculture water surfaces that are not suitable for family contracting according to law;
(6) Failing to handle the land contractual management right certificate or forest right certificate according to law;
(seven) to detain or change the contract, land contractual management right certificate or forest right certificate without authorization;
(eight) hinder the contractor from transferring the land contractual management right according to law, or intercept the income from the transfer of the land contractual management right;
(nine) other violations of the contractor's right to land contractual management.
Fifty-seventh state organs and their staff have one of the following acts, which shall be ordered by their higher authorities or units to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions; If losses are caused to the parties concerned, they shall be liable for compensation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the use of authority to interfere with land contracting or interfere with the production and operation autonomy enjoyed by the contractor according to law;
(2) detain the contractor's contract;
(three) the use of authority to force or hinder the contractor to transfer the right to contracted management of land;
(four) failing to register and issue certificates such as land contractual management right certificate or forest right certificate according to law;
(five) do not provide convenience for the contractor to consult and copy the land contractual management right certificate or forest right certificate related registration materials;
(six) there is no legal basis for charging fees;
(seven) other acts of dereliction of duty and infringement of farmers' land contract rights.
Fifty-eighth residents' committees contracted rural land, referring to these measures.
Article 59 These Measures shall come into force as of July 6, 2007.
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