1. Is the land lease contract signed with the village or the villagers?
According to the relevant provisions of Article 13 of the Rural Land Contract Law, rural land is contracted by rural collective economic organizations, villagers' committees or villagers' groups. Article 23 stipulates that this contract shall come into effect as of the date of establishment. After the contract came into effect, the contractor obtained the right to contract and manage the land. "Article 36 stipulates that the contractor may independently decide to transfer the land management right to others by leasing (subcontracting), shareholding or other means according to law, and file it with the employer. ? Article 39 stipulates that the transfer price of land management right shall be determined by both parties through consultation. The transfer income belongs to the contractor, and no organization or individual may intercept or withhold it without authorization. ?
As can be seen from the above, after the signing of the land contract, the villagers have legally obtained the contracted management right of the land, and the villagers can decide whether to lease the land. If someone wants to rent a villager's land, they should negotiate with the villagers. After obtaining the consent of the villagers, both parties can sign a lease contract, and the rental income belongs to the villagers.
However, there are also some local village collectives who will carry out the land of farmers in their villages? Packaging and circulation? What if it is? Packaging and circulation? If so, sign a lease contract with the village. What should be noted? Packaging and circulation? The premise is to obtain the consent of the contracted villagers. If the villagers don't agree, the village can't force them to move.
PS:？ Packaging and circulation? Refers to the contracted land collectively gathered by the village, which is packaged and transferred to the aquaculture operators.
2. How long can the land lease contract be signed?
According to the third paragraph of Article 38 of China's rural land contract law: the term of land circulation shall not exceed the remaining term of the contract period. ? Article 2 14 of the contract law stipulates that the lease term shall not exceed 20 years. More than twenty years, the excess is invalid. Upon the expiration of the lease term, the parties may renew the lease contract, but the agreed lease term shall not exceed 20 years from the date of renewal. ?
That is to say, if the land is leased, the land transfer period shall not exceed 20 years, nor shall it exceed the remaining period of the contract period. Taking cultivated land as an example, the second round of land contracting in most parts of China will expire around 2027, and the lease contract will not be signed until around 2027 at the longest.
3. If the lease term of the land is not agreed, can the contract be terminated at any time?
According to the provisions of Article 232 of the Contract Law, if the lease term is not stipulated or clearly stipulated by the parties, and cannot be determined according to the provisions of Article 61 of this Law, it shall be deemed as an indefinite lease. The parties may terminate the contract at any time, but the lessor shall notify the lessee before a reasonable time. ?
PS: how to understand? A reasonable period? ? It should be judged according to the nature of different rentals. For example, if it is housing, it is generally necessary to leave the lessee with the necessary time to find a house and move; If the land is planted, it should be given a reasonable flying time according to the growth cycle of the planted plants, such as after rice harvest.
4. Who owns the rental income of idle land in the village?
Many villages will have some idle land that has not been allocated to anyone. Someone asked: Who will get the profits from renting these idle places? Is it a village cadre? ?
As we all know, rural land belongs to farmers' collectives, so if these idle land is transferred by lease or transfer, the income should belong to village collectives, not village cadres. If the village cadres possess it privately, they can report it to their superior departments.