1. What are the legal provisions for the contract period of orchard land?
The contract period of orchard land is 70 years according to law. Article 8 of the Opinions on Comprehensively Promoting the Reform of Collective Forest Right System stipulates that the contract period of orchard land and forest land is 70 years. At the expiration of the contract period, the contract can be continued in accordance with relevant state regulations. Collective forest land that has been contracted to households or circulated shall be retained if it conforms to the legal provisions and the contract norms for contracting and circulation; If the contract or circulation contract is not standardized, it should be improved; Those that do not conform to the law shall be corrected according to law. The forest land and trees with disputed ownership shall be mediated according to law, and the dispute shall be implemented by the business entity after settlement. The hilly land should be used by farmers for a long time without compensation, and shall not be forcibly recovered or adjusted at will. The contracting scheme must be approved by the members of the collective economic organization according to law.
The contracted management right of forest land was established when the contract of contracted management right of forest land came into effect. The people's governments at or above the county level shall issue the forest right certificate to the contracted management right holder of forest land, and make registration to confirm the contracted management right of forest land.
Second, how to write the model forest land contract?
Employer (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ Villagers' Group
Contractor (hereinafter referred to as Party B): _ _ _ _ _ _ _ _ _ (ID number: _ _ _ _ _ _ _ _ _)
According to the provisions of China's Land Management Law, Rural Land Contract Law, Forest Law, Contract Law and other relevant laws and regulations, Party A and Party B reached an agreement on the contracted management of forest land through full consultation, and concluded this contract:
Article 1 General situation and requirements of contracted plots
1. Location of contracted land:
Party A will contract out the commercial forest land (the mountain name is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ), the specific forest species shall be decided by Party B. The aerial photo woodland number of this plot is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The specific four locations of the plot should be determined according to the range determined by aerial photography.
2. Requirements for contracted land:
(1), Party A guarantees that the land has legal ownership and use right.
(2) Before the signing of this contract, Party A did not deal with the ownership and use right of this plot (including no transfer, no mortgage, no lease, no signing, etc. ).
(3) The plot conforms to the commercial forest land planning.
(4) When Party A contracts the land to Party B for business operation, it must go through all the formalities stipulated by law (including the resolution of the village committee to contract out and the signature of villagers' representatives to confirm the agreement to contract out, etc.). ). When signing this contract, Party A shall submit the property right certificate of this plot or other legal and valid certificates that can prove the ownership of this plot to Party B for review, and take the copy of this certificate or certificate as an annex to this contract (annex 1).
In any case, disputes arising from land ownership disputes shall be properly handled by Party A, and all expenses required in the process of handling shall be borne by Party A. If ownership disputes or disputes cause losses to Party B, Party A shall make compensation according to the facts, and Party B has the right to refuse to pay the contract fee for this part of contracted forest land until the ownership disputes are resolved and the production and operation return to normal.
Article 2 Contracted area
According to the aerial red line map of the competent forestry department of the government, the actual contracted land area contracted by Party A to Party B is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 The term of contracted operation and the treatment measures after the expiration.
1. The contracted operation period is _ _ _ _ _ _ _ _ years, that is, from _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _.
2. If Party A continues to contract the land upon the expiration of the contracted operation period, Party B shall have the priority to contract the operation right under the same conditions, but both parties shall extend the contracted operation period in writing or sign a new contracted operation contract.
3. After the expiration of the contracted operation period, if the trees planted by Party B during the contracted period still grow in young and middle-aged forest land, or cannot be harvested due to the limitation of harvesting index, both parties agree to extend the contracted period of this contract until the end of the forest harvesting period, but the longest period shall not exceed one year (five years).
4. Party B shall return the land to Party A within 60 days after the contract expires, unless otherwise agreed in the preceding paragraph. At the time of handover, the equipment and facilities added by Party B during the contract period belong to Party B, and Party B has the right to dismantle and dispose of them. If Party B fails to dismantle or handle it within 60 days after the expiration of the contract, it shall be deemed to be owned by Party A for free and handled by Party A.. ..
Article 4 the circulation of contracted land
After the contract comes into effect, Party A shall dispose of the trees, bamboo forests and valuable overground objects on the plot within _ _ _ _ _ _ days, and hand over the plot to Party B for production and business activities. If the attachments on the contracted land are not disposed of within the time limit, all of them will be owned by Party B free of charge. Party A has no right to raise any objection, nor shall it claim compensation from Party B on this basis.
Article 5 Contract fees and their payment methods
1. contract fee: the contract fee for this plot is RMB 10 per mu per year (￥ 10 yuan), and the actual contracted business area shall be confirmed based on the actual area of the aerial red line map of the forestry department.
2. Payment of contract fee: within two months after the signing of this contract, Party B shall pay Party A the mountain rent for one year in one lump sum, and Party A shall give Party B a one-year rent-free period in the second year as compensation for Party B's mountain refining and cleaning, and Party B shall pay the contract fee to Party A before August 30th of the third year.
After the contract comes into effect, Party B shall pay the contracting fee of the current year in one lump sum according to the actual area of the red line map (Annex II) photographed by the forestry department, that is, * * * RMB _ _ _ _ _ _ _ _.
After receiving the contract fee, Party A shall issue a legal and valid receipt signed by its legal representative or person in charge and stamped with the official seal to Party B on the day of collection. Except for the contract fees, Party A has no right to ask Party B to pay any other fees in any name.
Sixth forest highway, fire forest and other forestry facilities.
Party B has the right to use the existing roads, forest roads and other facilities and roads that were not handled when Party A delivered the land for free. At the same time, Party A must provide the existing urban roads and village roads leading to the plot for Party B's use free of charge, so as to ensure the smooth traffic of Party B. During the contracted operation period, Party B has the right to build forest roads, fire-proof forest belts and other infrastructure needed for contracted operation on the plot, and enjoy the legitimate rights and interests arising therefrom.
Article 7 Contracted management right and investment income right
During the contracted operation period, Party B shall enjoy the right of independent management, cooperative management, joint management, income right and the guarantee or mortgage of the management right, and no unit or individual may interfere or hinder it. Without the consent of Party B, no unit or individual may engage in other production and business activities (including cutting down trees, mining and land reclamation) within the scope of this plot. If the underground deposit in Shanchang is found to be of mining value, Party A shall go through the mining procedures by itself. If the trees (young crops) and facilities operated by Party B are affected, the miners shall compensate according to the facts, and the forest land contract fee shall be reduced accordingly.
If the tourism unit needs to rent or requisition part of the land contracted by Party B for the development of tourism, the compensation for land acquisition (occupation) shall be owned by Party A, and the compensation for overground objects shall be owned by Party B, and a supplementary agreement shall be signed to confirm the reduction or exemption of the forest land contracting fee. However, if Party B has paid the contract fee of the current year, it shall convert the forest land contract fee according to the actual service life and the area used, and return the overpaid contract fee to Party B. During the contract operation period, all the profits from Party B's investment and operation on this plot shall belong to Party B, and no unit or individual may occupy or intercept it.
Article 8 Subcontracting
During the contract period, Party B may decide to transfer the land to others for contract, but it must inform Party A of the subcontracting matters. Subcontracting fees shall be charged by Party B, but both parties shall still implement the provisions of this contract. At the same time, Party B also has the right to use its contracted management right and contracted forest tree income right as shares or as mortgage for loan guarantee, and Party A must unconditionally assist Party B in handling relevant procedures.
Article 9 Compensation for land acquisition (occupation)
During the contracted operation period, if land is requisitioned (occupied) for national construction, the compensation paid by the requisitioned (occupied) unit shall be owned by Party A, and the compensation for trees and attachments on the land invested by Party B shall be owned by Party B. ..
Article 10 When this contract is terminated early, the following measures shall be taken.
If both parties agree to terminate the contract in advance through consultation, the facilities and trees in the forest land will be discounted to Party A according to the market price. Where the contract is terminated in advance due to land requisition (occupation) by the state, it shall be handled in accordance with Article 9 of this contract.
Article 11 Liability for breach of contract
During the operation of the contract, both parties shall abide by the provisions of this contract and shall not unilaterally terminate the contract without authorization. If the contract is terminated unilaterally, it will be regarded as a breach of contract. In addition to 20% of the total contract amount, the breaching party shall also compensate the observant party for the economic losses suffered as a result.
Article 12 Force Majeure
If any party encounters the influence of force majeure, so that this contract cannot be performed, it can be exempted from its responsibilities within this scope. However, the party suffering from force majeure shall promptly notify the other party and provide legal proof within a reasonable period of time. Failing to notify the other party in time and causing losses to the other party, it shall be liable for compensation.
Force Majeure as mentioned in this contract refers to the objective circumstances that both parties cannot foresee, avoid or cancel when concluding this contract, which can directly affect the performance of this contract, including natural disasters, wars, changes in national laws and regulations, etc.
Article 13 Others
(1) During the contracted operation period, Party A has the obligation to assist Party B to straighten out the relationship with relevant local government departments, other units and villagers, and create a good environment and conditions for Party B's production and operation. When arranging employment, Party B shall give priority to recruiting and hiring Party A and local labor under the same conditions to help increase local employment.
(II) In order to facilitate Party B's production, operation and transportation of production materials and products, Party A agrees that Party B can use Party A's paddy fields and dry fields to clear roads according to Party B's needs, and the compensation shall be implemented with reference to local land prices.
(3) During the contracted operation of Party B, Party B shall respect and maintain the original ancestral graves where Party A is located.
(4) During the contracted operation period, Party B will plant and cut down trees in batches on the plot as planned. In the first two years of each batch (time) afforestation, grazing or any other activities harmful to the normal growth of trees are strictly prohibited. If Party B's production is damaged by human beings and animals, Party A has the obligation to assist Party B to impose a fine on the infringer or replant properly.
(5) During the contracted operation period, when the trees planted by Party B need to be cut down, Party A shall provide Party B with relevant certification documents free of charge so that Party B can go through the cutting procedures with relevant departments.
Article 14 Matters not covered in this contract shall be supplemented by both parties through consultation. The supplementary contract has the same legal effect as this contract.
Article 15 The annexes to this contract are an integral part of this contract and have the same legal effect. Annexes to the contract (all copies) include: forest right certificate (Annex I); Red line map of land aerial photography (Annex II); The villagers' collective resolution (Annex III).
1, other documents related to this contract.
Among the annexes to the above-mentioned contract, any annex involving Peking Opera that should be confirmed by both parties can be signed and confirmed at the same time as this contract.
Article 16 After this contract comes into effect, both parties shall, when conditions are met, register other rights with the competent forestry department of the county (city) people's government where Party A is located, and register the land use right, forest ownership and forest use right in the name of Party B. Party B shall take the lead in handling the registration procedures mentioned in the preceding paragraph, and Party A shall actively cooperate, and the expenses incurred shall be borne by Party B. ..
Article 17 This contract is denominated and settled in RMB.
Article 18 The original of this contract is in triplicate, with seven pages in total. Party A and Party B each hold one copy, one notarized copy and one copy, among which, the villagers' committee, the town people's government and the local forestry authorities of Party A each hold one copy for the record, and the rest are used to handle the registration procedures of certificates and other forest rights.
Party A (seal): Party B:
Address: Address:
Legal representative:
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of signature: year month day.
Modern society can create a lot of benefits by using land, so many people will choose to contract land. For example, contracting forest land or orchard land can engage in related business activities and create greater value. Of course, the time limit for contracting orchard land is 70 years.