Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Land Contracts in Rural Areas
Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Land Contracts in Rural Areas
Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Land Contracts in Rural Areas
Order of the President of the People's Republic of China No.17
December 29, 2018
The Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Land Contracts in Rural Areas, adopted at the seventh session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 29, 2018, is hereby promulgated, and shall come into force as of January 1, 2019.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Land Contracts in Rural Areas
(Adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
The Seventh Session of the Standing Committee of the 13th National People's Congress has decided to amend the Law of the People's Republic of China on Land Contracts in Rural Areas as follows:
I. Article 1 is amended to read: "In accordance with the Constitution, the Law is enacted for the purposes of reinforcing and improving the two-tier management system that combines centralized and decentralized management on the basis of household contractual management, keeping the relationship of land contracts in rural areas stable and unchanged for the long term, safeguarding the legitimate rights and interests of the parties to land contracts in rural areas, and promoting the development of agriculture and the rural economy and the harmony and stability of rural society."
II. One article is added as Article 9, reading: "After contracting the land, the contractor shall enjoy the right to land contractual management. It may either manage the land itself or retain the land contracting right but circulate the management right of its contracted land to be managed by others."
III. Article 10 is amended to read: "The State protects the circulation of the land management right, which is effected according to the law, on a voluntary basis and with compensation, and protects the legitimate rights and interests of the land management right holders. No organization or individual may infringe them."
IV. Article 8 is amended as Article 11, reading: "When undertaking land contracts in rural areas, laws and administrative rules and regulations shall be observed, and the rational development and sustainable use of land resources shall be maintained. Without approval granted according to the law, no contracted land may be used for non-agricultural development.
The State encourages increasing their input in land, improving soil fertility and expanding the capacity of agricultural production."
V. Article 11 is amended as Article 12, reading: "The competent departments for agriculture, rural areas and forestry under the State Council shall, in compliance with their respective functions and duties defined by the State Council, be responsible for providing guidance to the contractual management of land in rural areas throughout the country and to the administration of contractual management contracts.
The competent departments for agriculture, rural areas and forestry under the local people's governments at or above the county level shall, in compliance with their respective functions and duties, be responsible for administration of the contractual management of the rural land within their own administrative areas and the administration of contractual management contracts.
The township (town) people's governments shall be responsible for the administration of the contractual management of the rural land within their own administrative areas and the administration of contractual management contracts."
VI. Article 15 is amended as Article 16 and one paragraph is added as Paragraph 2, reading: "Family members of the peasant household shall enjoy the rights and interests of the contracted land equally according to the law."
VII. Article 16 is amended as Article 17, reading: "The contractor shall enjoy the following rights:
1. enjoying in accordance with the law the rights to use the land contracted and to reap the yields, and the right to make its own decision regarding the arrangements for production and operation as well as the disposition of the products;
2. exchanging and transferring the right to land contractual management according to the law;
3. circulating the land management right according to the law;
4. enjoying in accordance with the law the right to obtain appropriate compensation for contracted land that is expropriated or requisitioned or occupied according to the law; and
5.
......
Order of the President of the People's Republic of China No.17
December 29, 2018
The Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Land Contracts in Rural Areas, adopted at the seventh session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 29, 2018, is hereby promulgated, and shall come into force as of January 1, 2019.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Land Contracts in Rural Areas
(Adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
The Seventh Session of the Standing Committee of the 13th National People's Congress has decided to amend the Law of the People's Republic of China on Land Contracts in Rural Areas as follows:
I. Article 1 is amended to read: "In accordance with the Constitution, the Law is enacted for the purposes of reinforcing and improving the two-tier management system that combines centralized and decentralized management on the basis of household contractual management, keeping the relationship of land contracts in rural areas stable and unchanged for the long term, safeguarding the legitimate rights and interests of the parties to land contracts in rural areas, and promoting the development of agriculture and the rural economy and the harmony and stability of rural society."
II. One article is added as Article 9, reading: "After contracting the land, the contractor shall enjoy the right to land contractual management. It may either manage the land itself or retain the land contracting right but circulate the management right of its contracted land to be managed by others."
III. Article 10 is amended to read: "The State protects the circulation of the land management right, which is effected according to the law, on a voluntary basis and with compensation, and protects the legitimate rights and interests of the land management right holders. No organization or individual may infringe them."
IV. Article 8 is amended as Article 11, reading: "When undertaking land contracts in rural areas, laws and administrative rules and regulations shall be observed, and the rational development and sustainable use of land resources shall be maintained. Without approval granted according to the law, no contracted land may be used for non-agricultural development.
The State encourages increasing their input in land, improving soil fertility and expanding the capacity of agricultural production."
V. Article 11 is amended as Article 12, reading: "The competent departments for agriculture, rural areas and forestry under the State Council shall, in compliance with their respective functions and duties defined by the State Council, be responsible for providing guidance to the contractual management of land in rural areas throughout the country and to the administration of contractual management contracts.
The competent departments for agriculture, rural areas and forestry under the local people's governments at or above the county level shall, in compliance with their respective functions and duties, be responsible for administration of the contractual management of the rural land within their own administrative areas and the administration of contractual management contracts.
The township (town) people's governments shall be responsible for the administration of the contractual management of the rural land within their own administrative areas and the administration of contractual management contracts."
VI. Article 15 is amended as Article 16 and one paragraph is added as Paragraph 2, reading: "Family members of the peasant household shall enjoy the rights and interests of the contracted land equally according to the law."
VII. Article 16 is amended as Article 17, reading: "The contractor shall enjoy the following rights:
1. enjoying in accordance with the law the rights to use the land contracted and to reap the yields, and the right to make its own decision regarding the arrangements for production and operation as well as the disposition of the products;
2. exchanging and transferring the right to land contractual management according to the law;
3. circulating the land management right according to the law;
4. enjoying in accordance with the law the right to obtain appropriate compensation for contracted land that is expropriated or requisitioned or occupied according to the law; and
5.
......