Legal information

Article introduction: Interpretation of how the "Land Management Law" stipulates the contract management rights of state-owned land? Let’s take a look at Article 15 of the Land Management Law. This article is about state-owned land that can be contracted and managed by units or individuals for agricultural production and collectively owned by farmers. Regulations that allow units or individuals outside the collective economic organization to contract and engage in agricultural production.

1. Article 15 of the "Land Management Law of the People's Republic of China" stipulates that state-owned land can be contracted and managed by units or individuals for planting, forestry, animal husbandry, and fishery production. Land collectively owned by farmers can be contracted and managed by units or individuals other than the collective economic organization to engage in planting, forestry, animal husbandry, and fishery production. The contract issuing party and the contractor shall enter into a contract to stipulate the rights and obligations of both parties. The term of land contract operation is stipulated in the contract. Units and individuals who contract to operate land have the obligation to protect and reasonably utilize the land in accordance with the purposes agreed in the contract. If the land collectively owned by farmers is contracted and managed by units or individuals other than the collective economic organization, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and submitted to the township (town) people's government for approval.

2. The provisions of this article and the provisions of Article 14 above are revised on the basis of the provisions of Article 12 of the original Land Management Law. Article 14 of this Law stipulates that the land collectively owned by farmers is contracted by internal members of the collective economic organization. This article stipulates that the land collectively owned by farmers is contracted by members outside the collective economic organization. This article also retains the principles of state-owned land contract management in Article 12 of the original Land Management Law. As far as the contracted management of state-owned land is concerned, Article 12 of the original Land Management Law stipulates that state-owned land can be contracted and managed by collectives or individuals. The revised Land Management Law states that state-owned land can be contracted and managed by "units or individuals." This means that the revised Land Management Law has expanded the contracting subject, that is, expanded "collective" to "unit". Ying Ting believes that the original collective is generally understood as a collective ownership unit and the subordinate organizations within a unit owned by the whole people, while the current unit includes any unit. As for the land collectively owned by farmers, the revised Land Management Law stipulates it very clearly, dividing it into contracting by internal members and contracting by external members. Among them, the provisions of Article 14 shall apply to the contracting by internal members, and the provisions of this Article shall apply to the contracting by external members.

3. State-owned land can be contracted and managed by units or individuals for planting, forestry, animal husbandry, and fishery production. Contract management of state-owned land shall be concluded in accordance with the provisions of this article and other relevant laws, and shall stipulate the rights and obligations of both parties. Land collectively owned by farmers can be contracted and managed by units or individuals outside the collective economic organization for planting, forestry, animal husbandry, and fishery production. If the owner of land collectively owned by farmers decides to contract the operation to a unit or individual other than the collective economic organization, he or she shall enter into a contract operation contract in accordance with the provisions of this article and other relevant laws to stipulate the rights and obligations of both parties.

4. The contracting and management of state-owned land by units or individuals and the contracting and management of land owned by farmers' collectives by units or individuals outside the collective economic organization must comply with national laws and regulations and cannot be done arbitrarily, otherwise the contract signed will be invalid. The Yingting Demolition Group learned that, generally speaking, a contract is invalid if it is in any of the following circumstances: it violates national laws and policies; it harms national interests and social public interests; it violates the principle of democratic negotiation; it is signed by fraud, coercion or other improper means; the contractor has no right to issue the contract; the contractor transfers, subcontracts, or subcontracts for profit without permission. What needs to be explained here is that transfer refers to the act of the contractor finding a partner and having a third party perform the contract to the contractor on his behalf. Although the content of the transferred contract remains unchanged, the contractor is changed, which ends the rights and obligations relationship between the original contractor and the contract developer, and establishes the rights and obligations relationship between the transferee and the contract developer. Subcontracting refers to the contractorput yourselfThe act of outsourcing part or all of a contracted project to a third party under certain conditions, with the contractor of the second contract performing the contract to the contractor of the first contract, and then the contractor of the first contract performing the contract to the original contractor. If the contractor transfers or subcontracts the contract to a third party, he must obtain the consent of the contractor, and may not change the production and operation contents of the original contract without authorization, otherwise the transfer or subcontract will be invalid. The contractor has the operational autonomy to arrange labor services when performing the contract. Certain temporary labor services, such as seasonal farm work, fruit picking and sales, etc., can be outsourced to others without the consent of the contractor.

5. Regarding the adjustment of contracted land, this article does not stipulate strict procedures like Article 14, but it cannot be changed at will. Any changes must be based on the contract and legal provisions. There are differences between these two types of contracting entities. The contractor of the contract management contract in Article 14 is one of the owners of the land collectively owned by farmers. He grows and lives on the land, and has more than a contractual relationship with the land. If he loses the land use rights to the land, that is, the land contract management rights, it is equivalent to depriving him of his lifeblood, and he may have no place to survive. Therefore, strict legal procedures must be prescribed. A contractor for the purposes of this section is not a member of the landowner. There is only a contractual relationship with the land and it only needs to be protected according to general contractual rights.

6. The land collectively owned by farmers must be contracted and managed by units or individuals outside the collective economic organization, which also needs to go through certain procedures. According to the second paragraph of this article, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and must be reported to the township (town) people's government for approval. The purpose of stipulating the procedures in this article is to ensure the interests of all members of the collective economic organization and prevent individual individuals from infringing upon the ownership of land collectively owned by farmers.

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Editor/Original Author: Yingting Demolition Lawyers Group