The legal stipulation for the contract period of orchard land is 70 years. After the contract period expires, the contract can be continued in accordance with relevant regulations, but the relevant contract must be signed. For both parties, the contract must be signed. Make reasonable agreements on rights and obligations on some matters.
1. What is the legal provision for the contract period of orchard land? The legal provision for the contract period of orchard land is 70 years. Article 8 of the "Opinions on Comprehensively Promoting the Reform of the Collective Forest Rights System" stipulates that the contract period for orchard land and forest land is 70 years. After the contract period expires, the contract can be continued in accordance with relevant national regulations. Collective forest lands that have been contracted to households or transferred must be maintained if they comply with legal provisions and contract or transfer contract specifications; if the contract or transfer contract is not standardized, they must be improved; if they do not comply with legal provisions, they must be corrected in accordance with the law. Forest land and trees whose ownership is disputed must be mediated in accordance with the law, and the management entity shall be determined after the dispute is resolved. The self-retained hills can be used by farmers for free for a long time and cannot be forcibly taken back or adjusted at will. The contracting plan must be approved by the members of the collective economic organization in accordance with the law. Forest land contract management rights are established when the forest land contract management rights contract takes effect. The people's governments at or above the county level shall issue forest rights certificates to holders of forest land contract management rights and register them to confirm the forest land contract management rights.
2. How to write a sample forest land contract contract? Contractor (hereinafter referred to as Party A): _______________ Villager group contractor (hereinafter referred to as Party B): _______________ (ID card number: _______________) According to my country's "Land Management According to the provisions of the Law, the Rural Land Contract Law, the Forest Law, the Contract Law and relevant laws and regulations, after full negotiation between Party A and Party B, they have reached an agreement on the contracting and management of mountain forest land and concluded this contract: Article 1 Overview and requirements of the contracted plot 1. Location of the contracted plot: Party A will contract to Party B the commercial mountain forest land (the name of the mountain is _________hereinafter referred to as the plot) located in the ______________________ villager group (team) has the right to handle Contracting operation. Party B will build the plot of land into a fast-growing and high-yield forest base (including timber forest, key trees, etc.). The specific forest tree species shall be determined by Party B. The woodland number on the aerial photo of this parcel is ____________________. The specific location of the land parcel is determined based on the range measured on aerial photos. 2. Requirements for contracting the land: (1) Party A guarantees that the land has legal ownership and use rights. (2) Before the signing of this contract, Party A has not done anything with the ownership and use rights of the land (including no transfer, no mortgage, no leasing, no subcontracting, etc.). (3) The land is in compliance with the planning of commercial forest land. (4) When Party A contracts the plot of land to Party B for contract management, Party A must complete all procedures stipulated by law (including the resolution of the village committee on contract issuance, the village representative’s signature confirmation letter agreeing to the contract issuance, etc.). When signing this contract, Party A shall submit the forest ownership certificate of the land or other legal and valid documents that can prove the ownership of the land parcel to Party B for review, and make a copy of the certificate or document, etc., as an attachment to this contract. (Appendix 1). No matter what the circumstances, any dispute arising from the dispute over the ownership of the land will be properly handled by Party A, and all costs required in the handling will be borne by Party A. If Party B suffers losses due to ownership disputes or disputes, Party A shall make true compensation, and Party B shall have the right to refuse to pay the contracting fee for this part of the contracted forest land. The period of refusal to pay the contracting fee shall be until the ownership dispute is resolved and production and operation return to normal. until. Article 2 The contracted area shall be based on the aerial red line map of the government forestry department. The actual area of ??the land contracted by Party A to Party B is _________mu, and constitutes this contract (Annex 2). The actual contracted management area is confirmed based on the actual area on the aerial red line map of the forestry department. Article 3 The contracted operation period and the treatment after the expiration of the period 1. The contracted operation period is ____________ years, that is, from _______ year __ month __ day to _______ year __ month __ day.
2. When the contract operation period expires, if Party A continues to outsource the land plot under the same conditions, Party B will have priority in the contract operation, but both parties should extend the operation period of this contract in writing, or enter into a new contract operation contract. 3. When the contract operation period expires and the forest trees created by Party B during the contract period are still in the middle and young stages and cannot be cut down or cannot be cut down due to restrictions on cutting quotas, both parties A and B agree to extend the contract period until the trees in the forest land are cut down. period ends, but the maximum rotation period shall not exceed one year (five years). 4. Within 60 days after the expiration of the contracted operation period, Party B shall return the land parcel to Party A, unless otherwise agreed in the preceding paragraph. At the time of handover, the equipment and facilities added by Party B during the contract period shall be owned by Party B, and Party B shall have the right to dismantle and dispose of them. If Party B fails to dismantle or dispose of them within 60 days after the expiration of the term, they shall be deemed to belong to Party A free of charge and shall be disposed of by Party A. deal with. Article 4 Handover of the Contracted Land After this contract takes effect, Party A shall dispose of the trees, bamboo forests and ground objects that Party A deems valuable on the land within ________ days, and hand over the land to Party B for production business activities. If the attachments on the contracted land are not dealt with within the time limit, they will all belong to Party B free of charge. Party A has no right to raise objections and may not request compensation from Party B accordingly. Article 5 Contracting fee and its payment method 1. Contracting fee: The contracting fee for the land parcel is one ten yuan (¥10) per mu per year. The actual contracted management area is confirmed based on the actual area on the aerial red line map of the forestry department. . 2. Payment of contract payment: Within two months after signing this contract, Party B shall pay Party A one year's mountain rent in one lump sum. In the second year, Party A will grant Party B a one-year rent-free period as compensation for Party B's efforts to clean the mountains. Party B shall pay the contracting fee to Party A in annual installments before August 30 of each year starting from this year. After this contract comes into effect, Party B shall pay the contracting fee for the current year in one lump sum based on the actual area of ??the aerial red line map of the forestry department (Annex 2), which is calculated as _________ yuan. After Party A collects the contract fee, it shall issue to Party B a legal and valid receipt signed by its legal representative or the person in charge and stamped with the official seal on the date of payment. In addition to collecting contract fees, Party A has no right to require Party B to pay any other fees in any name. Article 6 Forest Roads, Fire Breaks and Other Forestry Facilities Party B has the right to use existing roads, forest roads within and outside the scope of the land plot free of charge and other facilities and roads that were not processed when Party A handed over the land plot. At the same time, Party A must provide roads from existing town roads and village roads to the land for Party B to use free of charge to ensure smooth transportation for Party B. During the contract operation period, Party B has the right to build forest roads, fire breaks and other infrastructure required for the contract operation on the land, and has the legal rights and interests arising therefrom. Article 7 During the contract operation period of the contracted operation rights and investment income rights, Party B has the independent operation rights, cooperation, joint venture operation rights, income rights, and guarantee or mortgage rights of the operation rights on the land. No unit or individual may interfere or hinder. Without the consent of Party B, no unit or individual may engage in other production and business activities within the scope of the land (including: felling trees, mining, and land reclamation). If it is discovered that a certain underground mineral deposit in a mountainous area has mining value, Party A shall handle the mining procedures on its own. If it affects the trees (green seedlings) and facilities operated by Party B, the miner shall make compensation according to the actual situation, and the occupied forest land shall be compensated accordingly. Reduction of forest land contracting fees. If the tourism development unit needs to rent or requisition part of the land contracted by Party B, of the compensation fee for land acquisition (occupation), the land compensation part will belong to Party A, and the surface compensation part will belong to Party B. And *** signed a supplementary agreement to confirm the reduction or exemption of forest land contract fees. However, if Party B has paid the contracting fee for the current year, the forestland contracting fee shall be converted based on the actual use period and area, and the excess contracting fee shall be returned to Party B. During the contract operation period, all income earned by Party B from investment and operation on the land belongs to Party B, and no unit or individual may appropriate or withhold it. Article 8 Subcontracting During the contracting operation period, Party B may decide independently to transfer the land parcel to others for contracting, but Party A must be notified of the subcontracting matters. The subcontracting fee shall be charged by Party B, but both parties shall still perform in accordance with the provisions of this contract.
At the same time, Party B also has the right to use its contracted management rights and the forest income rights after contracting to purchase shares or use them as loan guarantees. Party A must unconditionally assist Party B in handling relevant procedures. Article 9 During the land acquisition (occupation) compensation contracting period, if the land is expropriated (occupied) for national construction needs, among the compensation fees paid by the expropriating (occupying) unit, the land compensation fee will belong to Party A except , all other compensations such as trees invested by Party B and attachments on the plot shall belong to Party B. Article 10 When the contract is terminated early, the following will be done. If both parties agree to terminate the contract early, the facilities and trees in the forest land will be discounted to Party A at market prices. If the contract is terminated early due to the state's land expropriation (occupation), the contract shall be terminated in accordance with this provision. Article 9 of the contract is dealt with. Article 11 During the contract operation period for liability for breach of contract, both parties shall jointly abide by the terms stipulated in this contract and shall not terminate the contract unilaterally without authorization. If the contract is terminated unilaterally, it will be deemed as a breach of contract. The defaulting party shall be entitled to 20% of the total contract amount except In addition to compensation to the non-breaching party, the non-breaching party should also be compensated for the economic losses suffered by the non-breaching party. Article 12 Force Majeure If any party encounters the impact of force majeure that makes it impossible to perform this contract, it will be exempted from liability to this extent. However, the party encountering force majeure shall promptly notify the other party and provide legal proof within a reasonable period. If the other party fails to notify the other party in time, causing losses to the other party, it shall be responsible for compensation. Force majeure as referred to in this contract refers to objective circumstances that cannot be foreseen, avoided and avoided by both parties when entering into this contract, and are sufficient to directly affect the performance of this contract, including natural disasters, wars, changes in national laws and regulations, etc. Article 13 Others (1) During the contract operation period, Party A is obliged to assist Party B in straightening out the relationship between the relevant local government departments, other units and villagers, and to create a good environment and conditions for Party B’s production and operation: Party B shall, when arranging labor, Under the same conditions, priority should be given to recruiting and hiring Party A and local labor force to help increase local employment. (2) In order to facilitate Party B's production and operation and the transportation of production materials and products, Party A agrees to Party B's use of Party A's paddy fields and dry fields to open roads based on Party B's needs. The compensation shall be based on the price of local land. (3) During the contract operation period of Party B, Party B shall respect the original ancestral tombs where Party A is located and maintain the original ancestral tombs occupied. (4) During the contract operation period, Party B will plant and cut down trees in batches on the plot of land according to the plan. During the first two years of planting each batch of trees, it is strictly prohibited to graze in the planting area or engage in any other activities that are harmful to the normal growth of the trees. If Party B's production is damaged by humans and animals, Party A is obliged to assist Party B in fining or replanting the offenders and other appropriate measures. (5) During the contract operation period, when the trees planted by Party B need to be felled, Party A shall provide Party B with relevant certification documents free of charge so that Party B can handle the felling procedures with the relevant departments. Article 14 Any matters not covered in this contract shall be supplemented by both parties through negotiation. The supplementary contract has the same legal effect as this contract. Article 15 The attachments to this contract are part of this contract and have the same effect. The attachments to the contract (all copies) include: forest ownership certification documents (Attachment 1); land aerial photography red line map (Attachment 2); villagers’ collective resolution (Attachment 2) three). 1. Other documents related to this contract. Among the attachments to the above contract, any attachments involving Beijing Opera that must be confirmed by both parties can be signed and confirmed at the same time as this contract. Article 16 After this contract takes effect, both parties shall, when conditions are met, register other rights with the forestry department of the people's government of the county (city) where Party A is located, and register the use rights of the land, ownership of the forest trees, and the forest trees. The right to use is registered in the name of Party B. Party B is responsible for handling the registration procedures mentioned in the preceding paragraph. Party A actively cooperates and the expenses incurred shall be borne by Party B. Article 17 This contract is priced and settled in RMB. Article 18 This contract is made in triplicate, with a maximum of seven pages. Party A and Party B each hold one copy, one notarized and one copy, of which: one copy each is archived by the village committee, town people's government, and forestry department where Party A is located, and the remaining copies are used for processing certificates and registration of other forest rights. formalities.
Party A (seal): Party B: Address: Address: Legal representative: Legal representative: ID number: _______________ ID number: ______________ Signing date: Year, month, day Modern society can create a lot of income by using land. Therefore, many people choose to contract land. For example, if you contract forest land or orchard land, you can engage in related business activities and create greater value. Of course, the contract period for orchard land is 70 years.