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Article 1. The present Measures are formulated in accordance with the "Law of the People's Republic of China on Contracted Management of Rural Land" in order to stabilize and improve the relationship of contracted management of rural land, defend the contractors' lawful right to contracted management of land, and strengthen the administration of the certificates of the right to contracted management of rural land. Article 2. A certificate of the right to contracted management of rural land is a legal document for the contractor to enjoy the right to contracted management of land after the contract on contracted management of rural land becomes effective, and upon lawful ratification of the State. The certificate of the right to contracted management of rural land is limited to the use of the contractor only. Article 3. If contracting rural land such as cultivated land, parks, barren hills, barren valleys or waste beaches, etc. to engage in planting production activities, the contractor shall, after having lawfully obtained the right to contracted management of rural land, be issued a certificate of the right to contracted management of rural land for the sake of ratification. If contracting grasslands, water surfaces or beaches to engage in breeding production activities, the contractor's right to contracted management shall be subject to ratification, and a certificate shall be issued in accordance with the "Law of the People's Republic of China on Grasslands", the "Fishery Law of the People's Republic of China" and other relevant provisions. Article 4. A contractor who undertakes household contracted management shall be issued a certificate of the right to contracted management of rural land by the local people's government at the county level or above. A contractor who undertakes contracted management by other means shall, after lawful registration, be issued the certificate of the right to contracted management of rural land by the local people's government at the county level or above. The administrative department of agriculture of the local people's government at the county level or above shall be responsible for archival filing, registration, and issuance of certificates of the right to contracted management of rural land, and other similar specific work. Article 5. The validity period of the right stated in a certificate of the right to contracted management of rural land shall be in accord with the term of contracted management stipulated in the lawfully concluded contract on contracted management of land. Article 6. The certificate of the right to contracted management of rural land shall contain the following contents: (1) name and serial number; (2) certificate issuing organ and date of issuance; (3) term of contracted management, and the date of beginning and expiry; (4) name, location, area and purpose of the contracted land; (5) alterations of the right to contracted management of rural land; and (6) other particulars necessary to be indicated. Article 7. In the event of household contracting, the following procedures shall be followed in the issuance of certificates of the right to contracted management of rural land: (1) After the contract on contracted management of land becomes effective, the contract issuing party shall, within 30 working days, submit in duplicate the proposal on the contracted management of land, the details on the contractor and the contracted land, the agreement on contracted management of land, and other documents to the administrative department of rural management of the township (town) people's government; (2) The administrative department of rural management of the township (town) people's government shall conduct preliminary examination on the documents submitted by the contract issuing party. If the documents conform to the provisions, they shall be subject to timely registration and tabulation, and the township (town) people's government shall propose a written application to the local people's government at the county level or above for issuance of the certificate of the right to contracted management of rural land; while if the documents fail to conform to the provisions, they shall be supplemented within 15 working days; and (3) The administrative department of agriculture of the local people's government at the county level or above shall verify the application documents submitted by the township (town) people's government. If the application documents conform to the provisions, it shall work out a registration book on the certificate of the right to contracted management of rural land, and report to the people's government at the same level for issuance of the certificate of the right to contracted management of rural land; while if the application documents fail to conform to the provisions, it shall notify the township (town) people's government in writing to make supplements. Article 8. Whoever contracts for rural land by means of bid invitation, auction, public negotiation, etc. shall apply for a certificate of the right to contracted management of rural land in light of the following procedures: (1) After the contract on contracted management of land becomes effective, the contractor fills out the application letter for registration of the certificate of the right to contracted management of rural land, and submits it to the administrative department of rural management of the people's government of the township (town) where the contracted land is located; (2) The administrative department of rural management of the township (town) people's government conducts preliminary examination on the qualifications of the contract issuing party and of the contractor, the contract issuing procedures, the term of contracted management, the purpose of use of the contracted land, etc., and affixes its opinions of preliminary examination on the application letter for registration of the certificate of the right to contracted management of rural land; (3) The contractor brings the application letter for registration of the right to contracted management of rural land, which has been approved by the township (town) people's government after preliminary examination, and to apply to the local people's government at the county level or above for registration of the certificate of the right to contracted management of rural land; and (4) The administrative department of agriculture of the local people's government at the county level or above verifies the application for registration. If the application documents conform to the provisions, it shall work out a registration book on the certificate of the right to contracted management of rural land, and report to the people's government at the same level for issuance of the certificate of the right to contracted management of rural land; while if the application documents fail to conform to the provisions, it shall notify the applicant in writing to make supplements. Article 9. The registration book on the certificate of the right to contracted management of rural land shall record the basic contents of the right to contracted management of rural land. The particulars recorded in the certificate of the right to contracted management of rural land, in the contract on contracted management of rural land, and in the registration book on the certificate of the right to contracted management of rural land shall be in accord with each other. Article 10. The registration book on the certificate of the right to contracted management of rural land, the registration documents on the agreement on contracted management, and other registration documents shall be administered by the local administrative department of agriculture at the county level or above. The rural land contract issuing party shall be entitled to consult or reproduce the registration book on the certificate of the right to contracted management of rural land and other registration documents, while the administrative department of agriculture at the county level or above shall not set any limitations or obstructions in this regard. Article 11. Where a party to the contracted management of rural land considers that there is any error in the certificate of the right to contracted management of rural land or in the registration book, it shall be entitled to apply for correction. Article 12. The township (town) administrative department of rural management and the administrative department of agriculture of the local people's government at the county level or above shall, in the process of handling the certificates of the right to contracted management of rural land, perform the following duties: (1) Checking the relevant documents submitted by the applicants; (2) Inquiring the applicants about the relevant registration particulars; (3) Truthfully and timely registering the relevant particulars; and (4) Carrying out on-the-spot inspection if necessary. The applicant shall be obliged to provide assistance in the process of such on-the-spot inspection. Article 13. The administrative department of rural management of a township (town) people's government shall, after obtaining a certificate of the right to contracted management of rural land, distribute the certificate to the contractor within 30 working days. The contract issuing party shall not keep the certificate of the right to contracted management of rural land on behalf of the contractor. Article 14. Where, within the term of contracted management, the contractor transfers the right to contracted management of land by means of sub-contract, lease, or conversion into shares, it needs not apply for the modification of the certificate of the right to contracted management of rural land. A party who transfers the right to contracted management of land by means of assignment or interchange may request modification registration of the certificate of the right to contracted management of rural land. Whoever causes the right to contracted management of rural land to be divided or aggregated due to any means other than assignment or interchange shall apply for modification of the certificate of the right to contracted management of rural land. Article 15. Whoever applies for modification of the right to contracted management of rural land shall submit the following documents: (1) a written request for modification; (2) the modified contract on contracted management of rural land, or other documents of proof; and (3) the original of the certificate of the right to contracted management of rural land. Article 16. The administrative department of rural management of the township (town) people's government shall, after accepting the application for modification, timely verify the application documents. If the application conforms to the provisions, it shall be reported to the original certificate issuing organ for permitting the modification, which shall be recorded in the registration book on the certificate of the right to contracted management of rural land. Article 17. Where a certificate for the right to contracted management of rural land is heavily defiled or damaged or is lost, the contractor shall apply to the administrative department of rural management of the township (town) people's government for replacement or re-issuance of the certificate. After verification of the administrative department of rural management of the township (town) people's government, it shall be reported to the original certificate issuing organ for replacement and re-issuance. Article 18. The replacement and re-issuance of the certificates of the right to contracted management of rural land shall be based on the contents recorded in the registration book on the certificate of the right to rural land management. Article 19. For replacement or re-issuance of a certificate of the right to contracted management of rural land, the words of "replacement" or "re-issuance" shall be indicated in the certificate of the right to contracted management of rural land. Article 20. Where, within the term of contracted management, any of the following circumstances occurs, the certificate of the right to contracted management of rural land shall be recovered in accordance with the law: (1) Within the term of contracted management, the contractor and all his family members have moved into a city divided into districts, and have been registered as non-agricultural household; (2) Within the term of contracted management, the contractor files a written application to voluntarily waive all the contracted land; (3) The contracted land is lawfully requisitioned or occupied, causing the right to contracted management of rural land to be totally lost; or (4) Other circumstances under which the certificate of the right to contracted management of land shall be recovered. Article 21. If, under any of the circumstances in Article 20 of the present Measures, the contractor refuses to give back the certificate of the right to contracted management of rural land without any justifiable reason, the original certificate issuing organ may write off the certificate (including the serial number), and make an announcement. Article 22. A recovered certificate of the right to contracted management of rural land shall be returned to the original certificate issuing organ, and affixed with a seal of "invalidated". Article 23. The administrative department of agriculture of the people's government at the county level and the township (town) people's government shall improve the proposals on contracted management of rural land, the agreements on contracted management of rural land, the certificates of the right to contracted management of rural land, and the administrative systems for the relevant documents and archive files, and shall also establish and improve an information-based management system for contracted management of rural land. Article 24. The administrative departments of agriculture of the local people's governments at all levels shall strengthen the administration on the issuance of the certificates of the right to contracted management of rural land, and guarantee that all the certificates of the right to contracted management of rural land shall be issued to the corresponding households. Article 25. Any liable person who does not comply with the provisions of timely distributing a certificate of the right to contracted management of rural land shall be criticized and educated; and shall, if causing any serious consequence, be subject to administrative liabilities. Article 26. For the issuance of a certificate of the right to contracted management of rural land, no fees other than the cost of production may be charged from the contractor. The costs of production of the certificates of the right to contracted management of rural land shall be strictly in accordance with the relevant provisions of the State on financial management. Article 27. The certificates of the right to contracted management of rural land issued prior to the entry into force of the present Measures which conform to the relevant provisions in the "Law on Contracted Management of Rural land", and are affixed with the seal of the local people's government at the county level or above, shall continue to be valid. If any exceptional clause, e.g., the term of contracted management, obligations to be undertaken by the contractor, etc. violate the "Law on Contracted Management of Rural land", the said clause shall be invalid, and whether the certificate is to be replaced with a new one shall be decided by the contractor. Where a certificate is not affixed with the seal of the local people's government at the county level or above, it shall be re-issued in accordance with the present Measures. For the re-issuance of a certificate of the right to contracted management of rural land, the term of contracted management shall conform to the relevant provisions in the "Law on Contracted Management of Rural land", and no one shall take an opportunity to adjust the land. Article 28. The production of the certificates of the right to contracted management of rural land shall be subject to the supervision of the Ministry of Agriculture, and the printing of such certificates shall be uniformly arranged for by the administrative department of agriculture of the people's government at the provincial level, with a seal of the local people's government at the county level or above affixed on each certificate. Article 29. The responsibility to interpret the present Measures shall remain with the Ministry of Agriculture . Article 30. The present Measures shall come into force on January 1, 2004. ANNEXES: Annex 1: Certificate of the Right to Contracted Management of Rural Land (sample) (omitted) Annex 2: Application Letter for the Certificate of the Right to Contracted Management of Rural Land (sample for the household contractors)(omitted) Annex 3: Application Letter for Registration of the Certificate of the Right to Contracted Management of Rural Land (sample for other contractors)(omitted) Annex 4: Registration book on the Certificate of the Right to Contracted Management of Rural Land (sample)(omitted) |
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