Measures for the Administration of Allotment of Rural Land under Lease and Management Right
Measures for the Administration of Allotment of Rural Land under Lease and Management Right
Measures for the Administration of Allotment of Rural Land under Lease and Management Right
Order of the Ministry of Agriculture [2005] No. 47
January 19, 2005
The Measures for the Administration of Allotment of Rural Land Under Lease and Management Right, which were deliberated and adopted at the second executive meeting of the Ministry of Agriculture on January 7, 2005, are hereby promulgated and shall come into force as of March 1, 2005.
Minister: Du Qinglin
Attached: Measures for the Administration of Allotment of Rural Land Under Lease and Management Right
Chapter I General Provisions
Article 1 The subsisting present Measures are formulated in accordance with the Law of the People's Republic of China on Land Contract in Rural Areas and the relevant provisions for the purpose of regulating the acts of allotment of rural land lease management right, maintaining the lawful rights and interests of both parties to the lease, and promoting the development of agriculture and rural economy.
Article 2 The allotment of rural land under lease and management right shall be on the basis of applying the household lease management system of farmers and stabilizing the rural-land under lease agreement, and follow the principle of fair negotiation, in accordance with law, free will and onerousness.
Article 3 The agriculture use of any contracted land shall not be altered due to the allotment of rural land contracted management right, the term of allotment may not exceed the remaining time limit of the contract term, and the lawful rights and interests of the interested parties and the rural collective economic organizations shall not be impaired.
Article 4 The allotment of rural land under lease and management right shall be normative and in order. The lawfully and freely-entered lease agreement shall be subject to protection.
Article 5 The competent administrative (or rural management) department of agriculture of the people's government at, or above, the county level shall be responsible for guiding the allotment of rural land under lease and management right and the contract management within their own administrative jurisdictions in light of the functions as prescribed by the people's government at the corresponding level.
Chapter II Parties to the Allotment
Article 6 A lessor shall have the right to determine of its/his own will whether the leased land shall be allotted, and determine the objects and ways of allotment. No entity or individual may force or obstruct the lessor to allot its/his leased land according to law.
Article 7 The income from the allotment of rural land lease and management right shall be owned by the lessor, no organization or individual may seize, retain or withhold it.
Article 8 In case a lessor allots its/his leased land by entrusting a contract-issuing party or an intermediary organization voluntarily, the lessor shall issue a power of attorney for land allocation. The power of attorney shall specify the entrusted matters, power and time limit, etc. with the signature or seal of the entrusting party.
No organization or individual may have any right to determine to allocate the leased land of any farmer in any form without the written entrustment of the lessor.
Article 9 The allottee to the allotment of rural land lease and management right may be the contracting farmer, or may be any other organization or individual that is allowed to undertake agricultural production and management according to the relevant laws and provisions.
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