We all know that in rural areas, land contract management rights can be transferred, but the transfer of land contract management rights needs to meet certain conditions before it can be carried out, and many farmers are not very clear about these conditions, so what are the conditions for the transfer of land contract management rights?
Netizen consultation:
What are the conditions for the transfer of land contracting and management rights?
Lawyer answers:
The conditions for the transfer of land contracting and management rights are as follows:
1.The transferor has a stable non-agricultural occupation or a stable income**.
2.With the consent of the employer. The transfer of land contracting and management rights requires the consent of the contract issuing party, unlike subcontracting, leasing and exchanging land contracting and management rights, which only need to be filed with the contract issuing party.
3.The transferee shall be a farmer engaged in agricultural production and operation.
Lawyer adds:
The main ways of transferring land contract management rights are:
1.Exchange refers to the exchange of contracted land plots of the same collective economic organization by the contractor to facilitate the contracted land plots of the farming organization and the exchange of land contracting and management rights
2.Subcontracting refers to the contractor's transfer of the right to contract and operate land to other farmers of the same collective economic organization to engage in agricultural production and operation within a certain period of time
3.Transfer refers to the act of the contractor transferring part or all of its land contracting and management rights to other farmers engaged in agricultural production and operation during the contract period and with the consent of the employer, and establishing a new contracting relationship with the employer
4.Leasing refers to the contractor's leasing of the right to contract and operate land to others for agricultural production and operation within a certain period of time. The lessee must use the land in accordance with the land lease contract and pay rent to the land contractor;
5.Shareholding refers to the fact that, in order to develop the agricultural economy, the land contractor voluntarily jointly engages in agricultural cooperative production and operation or forms a joint-stock company or cooperative to engage in agricultural production and operation with the right to contract and operate the land as equity.
[Laws and Regulations].
Article 34 of the Rural Land Contract Law.
With the consent of the contract issuing party, the contracting party may transfer all or part of the land contracting and management rights to other rural households of the collective economic organization, and the rural households shall establish a new contracting relationship with the contract issuing party, and the contracting relationship between the original contracting party and the contract issuing party on the land shall be terminated immediately.
Article 35.
Where land contracting and management rights are exchanged or transferred, the parties concerned may apply to the registration authority for registration. Without registration, it is not allowed to confront a bona fide third party.
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Practicing lawyer of Guangdong Bai Shijie Law Firm
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