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How to write a land exchange agreement

Legal analysis: Party A (name of unit or individual):

Party B (name of unit or individual):

Due to necessity, both parties shall agree in accordance with the provisions of the People's Republic of China *** The Rural Land Contract Law of the People's Republic of China and the Measures for the Administration of the Transfer of Rural Land Contract Management Rights and other relevant laws and regulations and relevant national policies, based on the principles of law, resources and compensation, and through consensus reached by both parties, regarding rural land Regarding the exchange of contract management rights, this contract is hereby concluded.

1. Subject of exchange

1. The plot of land transferred by Party A to Party B: The plot of land transferred by Party A to Party B covers an area of ??1,000 acres and is located in (IV to).

After Party B obtains the contract management right of the land, it will use it to engage in production and operation (main project)

II. Land exchange period

Party A and Party B The operation period of the exchange plot is years, that is, from the year month day to the year month day (the exchange period shall not exceed the remaining years of the contract period).

3. Exchange of land ownership and contracted management rights

The exchange of land between the two parties shall be carried out on the premise that the land ownership remains unchanged. After the land exchange, Party A and Party B no longer enjoy the contracting and management rights of the land they exchanged. They each determine the land contracting relationship with the contract-issuing party for the land exchanged, and enjoy the contracting and management rights of the land exchanged. The contract-issuing party determines the land contracting relationship and enjoys the contracting and management rights of the transferred land. If economic compensation occurs during the land exchange process, it can be clearly stipulated in this contract.

IV. Delivery time and method

The delivery time of the exchanged land is before the year, month and day, and the delivery method is (both parties must submit it to the rural land contract management department of the local township (town) people's government , the contract-issuing party or the third party designated by both parties shall authenticate, and both parties shall issue their own signed land exchange receipts to the other party

5. Liability for breach of contract

1. After the contract comes into force, both parties shall strictly perform their contractual obligations in good faith. If one party breaches the contract, he shall pay liquidated damages to the non-breaching party.

2. If the liquidated damages are not sufficient. When making up for the economic losses of the defaulting party, the breaching party shall pay compensation in addition to liquidated damages. The specific amount of compensation shall be determined based on the specific loss situation.

6. Dispute Clauses

1. Submit to the village committee, township (town) people's government, and agricultural contract management agency for adjustment;

2. Submit to the arbitration committee for arbitration;

3. Submit to the people's court with jurisdiction File a lawsuit.

VII. Effective Terms

Both Party A and Party B agree that this contract must be signed by both parties and approved by the rural management administration of the township (town) people's government where the contracted land is to be exchanged. It will take effect after institutional certification and filing.

8. Other terms

1. Matters not covered in this contract can be supplemented by signing a supplementary agreement after mutual agreement between Party A and Party B. The agreement has the same validity as this contract.

2. This contract is made in four copies, with Party A and Party B each holding one copy, and the contractor and the verification unit each holding one copy. Party: Party B:

Legal representative: Legal representative:

Legal representative ID number: Legal representative ID number:

Residential address: Residential address :

Date of signing: year, month and day

Authentication unit (signature and seal):

Year, month and day

Note: This contract is Exchange refers to the exchange of contracted plots belonging to the same collective economic organization between contractors for the convenience of farming or their respective needs, and at the same time, the corresponding land contract management rights are exchanged.

Legal basis: "China. Article 33 of the Rural Land Contract Law of the People's Republic of China: For the convenience of farming or their respective needs, contractors may exchange the land contract management rights of land belonging to the same collective economic organization and file it with the contracting party. . Interpretation and evolution information citation statistics

Article 34 of the "Rural Land Contract Law of the People's Republic of China", with the consent of the contracting party, the contractor may transfer all or part of the land contract management rights to For other farmers in this collective economic organization, the farmer will establish a new contracting relationship with the contract-issuing party, and the contracting relationship between the original contractor and the contract-issuing party on the land will be terminated.

Interpretation and evolution information citation statistics

Article 35 of the "Rural Land Contract Law of the People's Republic of China" Where land contract management rights are exchanged or transferred, the parties concerned may apply to the registration agency for registration. Without registration, no action may be taken against a bona fide third party. Interpretation history information citation statistics