Forest land contracting should pay attention to the following four aspects: first, the identity of both parties; Second, the specific content of the contract; Third, the liability of both parties for breach of contract; Fourth, the specific time.
Forest land contract agreement 1
Employer: legal representative (person in charge) of the township (town) villagers' group: ID number: contact information: address:
Contractor: legal representative (person in charge): ID number: contact information: address:
In order to safeguard the legitimate rights and interests of both parties to forest land contracting and promote forestry development, with the consent of more than two-thirds of the members of the collective economic organization meeting or more than two-thirds of the villagers, according to the People's Republic of China (PRC) Rural Land Contracting Law, People's Republic of China (PRC) Forest Law, People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Property Law and other relevant laws and regulations,
Article 1 The contracted forest land situation
The forest land where the Employer will be located, parcel number: parcel number:, tree species:, forest land area of * * * mu (see the following table and attached figure for details), forest land contractual management right and forest ownership are agreed upon through consultation (household contract form; The "four wasteland" is awarded to the contractor in the form of bidding, auction and public consultation, and the contract period is from * * * to * *.
Delivery of the above-mentioned forest land and trees:
Article 2 Use of contracted forest land
The contracted forest land must be used for forestry production and shall not be used for non-forestry construction or other construction without legal approval.
Article 3 Contract Price, Payment Method and Term (1) Contract Price
The total contracted price of forest land agreed in this contract is RMB (in words:
1. The contracted price of forest land is RMB/mu/year, and the total contracted annual amount is RMB. 2. The contract price of the above-ground ancillary buildings and facilities is RMB. 3. The contracted amount of forest land is RMB. (II) Method and time of payment: The contractor shall pay in the following way: 1. One-time cash payment:
2. Installment payment: RMB)
3. Other payment methods:
Article 4 Rights and obligations of both parties (1) Rights and obligations of the Employer 1. right
(1) The employer has the right to supervise the contractor to rationally use and protect the forest land according to the purposes agreed in this contract. (2) The employer has the right to stop the contractor from destroying the contracted forest land and other forest resources.
(3) If the contractor causes permanent damage to the contracted forest land, the employer has the right to require the contractor to compensate for the loss. (4) The employer has the right to obtain income based on the ownership of contracted forest land. (5) The Employer has the right to require the Contractor to complete the greening task as planned. 2. Obligations
(1) Confirm that the contracted forest land and trees have clear property rights, and there are no ownership disputes and economic disputes; Not as collateral or accessories.
(2) Maintain the contractor's right to contracted management of forest land, and may not change or terminate the contract without authorization. (3) Respect the contractor's autonomy in production and operation, and shall not interfere with the contractor's normal production and operation activities in accordance with the contract.
(4) Assist the contractor to apply for forest right certificate.
(5) Assist the contractor in forest fire prevention and forest pest control. (6) Provide production, technology, information and other services to the contractor according to this contract. (2) Rights and obligations of the contractor 1. right
(1) Enjoy the right of use and income of contracted forest land according to law; Have the right to independently organize the production, operation and treatment of trees and products according to law; Have the right to independently decide whether the contracted forest land is transferred and how it is transferred according to law.
(2) Enjoy preferential policies and support from the state.
(3) If the contracted forest land is contracted by household contract, during the contract period, if the contracted forest land needs to be divided into households by family members of the contractor, after the family members reach an agreement through consultation, each household will sign a contract with the employer on the basis of the original contract, and apply for registration of change of forest right certificate according to law.
(4) If the forest land contractor dies, his successor may continue to contract according to law during the contract period. (5) If the contracted forest land is requisitioned and occupied according to law during the contract period, it has the right to obtain corresponding compensation according to law. 2. Obligations
(1) To maintain the forestry use of contracted forest land, it shall not be used for non-forestry construction or idle or barren. Belonging to the ecological public welfare forest, the nature of the public welfare forest shall not be changed.
(2) Implement afforestation and management measures. Within years from the effective date of the contract, the barren hills will be afforested with reference to the relevant national greening standards. After the trees are cut down, they should be updated in the same year or the following year.
(3) Protect and rationally utilize forest land according to law, and do not destroy forests, reclaim land, quarry, dig sand, borrow soil and other acts that cause permanent damage to forest land or allow others to do so. When deforestation and indiscriminate occupation and abuse of forest land occur in contracted forest land, active measures should be taken to stop it and report to relevant departments in time.
(four) the protection of wild animal and plant resources, do a good job in forest fire prevention and forest pest control according to law. (5) The transfer of the contracted management right of forest land within the contract period must be approved by the employer, otherwise the transfer is invalid; Subcontracting (only applicable to household contract), leasing, exchanging (only applicable to household contract) or transferring the contracted management right of forest land by other means shall be reported to the employer for the record.
(6) Pay the contract fee in full and on time. In case of state requisition and occupation of forest land, cooperate with forestry and other relevant departments to handle relevant procedures.
(7) Cooperate with the employer to implement the overall forestry planning and key project implementation plan of counties (cities, districts) and townships (towns, offices), and organize the forestry infrastructure construction within the collective economic organizations.
Article 5 Special Agreement
(a) the employer through bidding, auction, public consultation, etc. , the right to operate the "four wasteland" forest land, should provide:
1. Copy of the forest right certificate of the employer;
2 copies of voting records approved by more than 2/3 members of the villagers' meeting of members of collective economic organizations or more than 2/3 villagers' representatives;
3 township (town) government approval opinions. (2) Others:
Article 6 Modification, rescission and termination of a contract
(1) The legal effect of this contract will not be affected by the change of the responsible persons of both parties (the employer and the contractor), nor will it be changed or dissolved due to the division or merger of the collective economic organizations. Either party shall not terminate the contract without authorization.
(2) During the validity period of the contract, if the contracted forest land is requisitioned and occupied by the government according to law, or the contract cannot be performed due to force majeure, the contract will be automatically terminated.
(three) after the expiration of the contract, the contractor shall return the original contracted forest land to the employer within days. The treatment agreement for non-cultivated trees is as follows.
(four) after the termination or rescission of the contract, the roads, irrigation canals and other facilities originally built by the contractor shall be handled in accordance with the following provisions. Buildings and other detachable facilities shall be constructed in the following ways.
(five) after the expiration of the contract, the contractor continues to contract the right to operate the forest land. Under the same conditions, the contractor has the priority to contract the right to operate, but it needs to re-negotiate with the employer to sign the contract.
Article 7 Liability for breach of contract
(1) After the signing of this contract, if the contract cannot be performed in whole or in part due to illegal procedures or unclear ownership of the contract, it shall be regarded as a breach of contract by the employer, and the employer shall be responsible for coordinating the handling, thus causing economic losses to the contractor, and the employer shall be responsible for full compensation.
(two) during the contract period, if the employer takes back the contracted forest land without authorization, or interferes with the normal production and business activities of the contractor, so that the contractor suffers losses, it shall be liable for compensation.
(III) During the contract period, if the contractor fails to use the contracted land according to the specified purposes, change the use of forest land, fail to implement the management responsibilities such as afforestation and greening as agreed in the contract, or cause permanent damage to the forest land, if the employer refuses to implement it after being discouraged, the contract may be terminated according to law, and the expenses for forest land restoration shall be borne by the contractor.
(four) the contractor fails to pay the forest land contract fee as agreed, and shall bear the overdue fine of 0.000 of the payable amount on a daily basis; If the payment is overdue for more than 30 days, the employer may terminate the contract and recover the contracted forest land.
(5) If the contractor illegally builds houses or mines the contracted forest land to change the use of the forest land, the employer has the right to terminate the contract and hand it over to the relevant departments for handling according to the circumstances.
Article 8 Methods of settlement of contract disputes
Contract disputes arising from the performance of this contract shall be settled by both parties through consultation; If negotiation fails, the villagers' committee and the township (town) government shall mediate; If negotiation or mediation fails, the following methods can be adopted:
(a) apply to the Arbitration Commission for arbitration; (2) apply to the people's court for litigation.
Article 9 Other agreements
Article 10 Other matters
(1) During the performance of this contract, if there are any outstanding matters, both parties shall make supplementary provisions through consultation, which shall have the same effect as this contract. Each party holds one copy.
(3) This contract shall come into effect as of the date of signing.
Employer (seal): person in charge (signature):
Date of signature: year month day.
Contractor (seal): person in charge (signature):
Date of signature: year month day.
Auditor (seal): person in charge (signature):
Auditor (seal): person in charge (signature):
Forest land contract agreement II
Employer (Party A):
Team leader of villagers:
Address:
Contractor (Party B):
Contractor's Representative:
Address:
In order to popularize agricultural science and technology, make rational use of forest resources, speed up the greening of barren hills and promote economic development. In accordance with the Land Administration Law of the People's Republic of China, the Contract Law of People's Republic of China (PRC) and relevant laws, regulations and policies, Party A and Party B sign this contract on the principle of equality, voluntariness and compensation, and abide by it jointly.
I. Land area and location
With the consent of the villagers' meeting and the approval of the village committee, Party A will be located on the hillside of _ _ _ _ _, with an area of about.
From the east:
West solstice:
South to:
North to:
Second, the land use and contract form.
1. The land is used for fruit tree planting and related agricultural science and technology, horticultural development, promotion, training and services.
2. Contract form: individual contract management.
Three. Term of contracted operation of land
The term of contracted operation of land is years, from the date of the month to the date of the month.
Four. Contract amount and delivery method
1. The contract fee for this land is RMB yuan per year.
2. Party B shall pay Party A the full contract fee for this year before the date of each year. When both parties settle accounts in cash, they should be based on receipts.
Verb (abbreviation of verb) Rights and obligations of both parties.
(I) Rights and obligations of Party A
1. Supervise the development and utilization of the land, ensure the rational use of the land according to the purposes agreed in the contract, and enable Party B to obtain the land contractual management right.
2. Collect the contract money as agreed in the contract, and Party A shall not increase the contract money within the validity period of the contract.
3. Ensure that Party B operates independently and shall not infringe upon the legitimate rights and interests of Party B. ..
4. During the performance of the contract, Party A shall not contract the land repeatedly.
(II) Rights and obligations of Party B
1. Have the right to use and operate the contracted land according to the purpose and time limit agreed in the contract.
2. Enjoy the income right of the contracted land and the ownership of the real estate built and purchased according to the contract.
3. Party B may plant fast-growing tree species, trees and fruit trees on the contracted land, raise livestock, poultry, fish and other animals, and build production and living facilities related to the agreed purposes, but it shall not pollute the environment.
4. During the contract period, Party B shall pay the contract money to Party A as stipulated in the contract.
VI. Subcontract
1. Within the validity period of this contract, with the consent of Party A, Party B may subcontract all or part of the contracted land to a third party on the principle of voluntariness and mutual benefit.
2. When subcontracting, a subcontract shall be signed, and the contents of the original contract shall not be changed without authorization.
3. After this contract is subcontracted, Party A and Party B still exercise their rights and assume obligations as agreed in the original contract, while Party B and the third party exercise their rights and assume obligations as agreed in the subcontract.
Seven. Alteration and termination of the contract
1. Once this contract is signed, it is legally binding, and no one may change or terminate it at will. This contract can only be modified or dissolved after both parties have signed a written agreement through consultation.
2. During the performance of the contract, the change of the legal representative or agent of either party shall not change or terminate the contract.
3. During the performance of this contract, when land is requisitioned for national construction, both Party A and Party B are subordinate to the overall situation. Party A shall pay Party B the expenses of various construction facilities on the contracted land (that is, the expenses of land requisition shall be owned by Party A, and the expenses of buildings, trees and other above-ground facilities on the contracted land shall be owned by Party B), and Party B shall make corresponding compensation according to the contracted operating years or the actual situation of development and utilization.
4. After the expiration of this contract, if Party B continues to contract, Party B has priority, and both parties shall sign a futures contract six months before the expiration of this contract.
5. During the performance of this contract, if the contractor encounters an accident, his family members or heirs may continue to contract during the contract period.
Eight. responsibility for breach of contract
1. This contract is reached between Party A and Party B on the basis of complete equality and voluntariness. Either party shall not breach the contract under any excuse, otherwise all economic losses caused to the other party by unilateral breach of contract shall be borne by the breaching party.
2. After this contract comes into effect, both parties must earnestly perform it. If one party breaches the contract, it shall pay liquidated damages to the observant party, and both parties agree that the liquidated damages shall be RMB. If a breach of contract causes losses to the other party, the breaching party shall also be liable for compensation.
3. Party B shall pay the rent in full within the time limit agreed in this contract. If Party B fails to pay the rent within 30 days, Party A has the right to terminate this contract.
4. After this contract is subcontracted, if the subcontracted contract cannot be performed due to Party A's reasons, causing losses to the subcontractor, Party A shall bear corresponding responsibilities.
Nine. Solutions to contract disputes
Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, both parties agree to apply to the Arbitration Commission for arbitration.
X. this contract shall come into effect after being signed and sealed by both parties.
XI。 Matters not covered in this contract can be agreed by both parties as a supplementary agreement, and the supplementary agreement (after notarization) has the same legal effect as this contract.
Twelve. This contract is made in duplicate, one for each party.
Party A: (signed by the leader of the developer's villagers' team and sealed by the villagers' team)
ID number:
Contact telephone number:
Party B (signature of the contractor's representative):
ID number:
Contact telephone number:
Forensic organ: (seal, signature of appraiser):
Date of signature: year month day.
Forest land contract agreement 3
Party A (Owner): Shengli Forest Farm, Wulanhaote City.
Party B (contractor): ID number:
In order to speed up the pace of forestry development, strengthen forest land management and protection, and reverse the phenomenon that forest land is far away from the field, and management is not in place, it is impossible to afforest. After the research and approval of the workers' congress of Shengli Forest Farm, Party A will contract some forest land to employees who have the ability to replant, cultivate and manage it. In order to safeguard the legitimate rights and interests of both parties, Party A and Party B hereby conclude this contract on the principle of equality, mutual benefit and consensus through consultation, so as to abide by it jointly.
1. Contract content, area and location: Party A will contract out 170 mu of forest land located in Shaojiayaogou to Party B, and Party B will carry out forestry production such as replanting, planting, tending and management. Its four borders are: east, west, south and north. There are sketches and GPS points.
Present situation of this forest land:
(1) This forest land was originally the land for returning farmland to forests of Party A. Now Party A has moved all the plots and tasks of returning farmland to forests under the name of this forest land to other forest lands of Party A, and the national subsidy for returning farmland to forests is still enjoyed by Party A. ..
(2) The survival rate of trees in this forest land did not meet the national afforestation technical regulations, and the ground was hard, the growth was extremely poor, and the livestock trampled badly, so replanting, intertillage, tending and management were urgently needed.
2. Contract term: The contract term is 30 years. From April 1 to April 1, 204 1.
Three. Contract fee and delivery method: the contract fee is 3.00 yuan/mu. Year, 170 mu ×3.00 yuan.
/mu× 30 years =15,300.00 yuan, totaling fifteen thousand three hundred yuan only. When signing this contract, Party B shall give it to Party A in one lump sum.
4. Party B shall complete the replanting work before May 15, 20_ year, and meet the requirements of national afforestation technical regulations and standards for survival rate and preservation rate of trees above 85%.
Verb (abbreviation of verb) technical standards and requirements for afforestation: Party B must strictly implement the national technical regulations for afforestation, and Party A shall conduct quality inspection in time during Party B's replanting and afforestation, and put forward technical standards and requirements, which Party B must accept and implement.
6. Party A agrees to Party B's strip soil preparation (harrowing, etc.). ) Under the condition of not destroying the existing trees, intertillage and tending management should be carried out between the trees in the contracted forest land. On the premise of ensuring the good growth of trees and promoting their growth, Party B may intercrop forest and grain among trees. Dwarf trees and crops that are beneficial to the growth of trees must be planted in forest-grain intercropping, and pesticides and fertilizers that hinder the growth of trees are strictly prohibited. Party B must do a good job in tending and managing young forest land.
7. Party B must do a good job in forest protection and fire prevention to eliminate fire hazards. Party B shall not destroy forests, reclaim land, quarry, borrow soil or engage in other deforestation activities in the contracted forest land by itself or with permission of others.
8. All expenses required by Party B for replanting afforestation, soil preparation, intertillage, tending and management shall be paid by Party B. ..
9. Party B must maintain the forestry use of the contracted forest land, and shall not use it for non-forest use, construction or deforestation, idleness, desolation, etc.
X. Party A has the right to supervise, inspect and urge the execution of Party B's contract, and has the right to stop all kinds of illegal acts of Party B that violate forestry policies and destroy forest resources. Party B must accept Party A's supervision and inspection of its business activities and obey Party A's planning and technical guidance.
1 1. Within the validity period of this contract, the ownership of forest trees and the right to use forest land shall be owned by Party B, and all the profits from Party B's contracted forest land management shall be enjoyed by Party B. According to relevant laws, regulations and documents, Party B may inherit, transfer, mortgage, guarantee and participate in shares according to law, but only with the consent of Party A, and go through the alteration formalities according to relevant regulations.
Twelve, due to the needs of national construction, requisition and occupation of forest land contracted by Party B, Party A and Party B shall * * * go through relevant procedures as soon as possible and get compensation, and the compensation standard shall be implemented in accordance with relevant state regulations.
13. Party B shall give priority to Party A's employees and their children under the same conditions, and the remuneration shall be borne by Party B. ..
14. According to the national grazing prohibition policy, in order to protect the forest land contracted by Party B and other surrounding forest land resources, Party A requires Party B to engage in aquaculture without changing the use of the forest land, occupying the forest land area and affecting the growth of trees in the forest land, but it is not allowed to raise cattle, sheep and other livestock in the forest land.
15. In order to strengthen the effective management and protection of forest land resources, Party A requires Party B to build a 40-60㎡ workshop in the proper position of contracted forest land, where people live all the year round, and carry out forest land management and protection, forest protection and fire prevention.
16. When Party B needs to contract forest land for logging operation, it must apply to Party A, and Party A shall assist Party B to apply for a forest cutting license in accordance with relevant national laws and regulations.
17. Both parties must abide by the contract. If either party fails to perform or fails to fully perform the responsibilities stipulated in this contract, this contract cannot be performed or cannot be fully performed. The relevant provisions of the existing agreement, according to the agreement. If there is no agreement, the breaching party shall bear the liability for breach of contract in accordance with the Contract Law of People's Republic of China (PRC) and compensate the observant party for all economic losses caused thereby.
18. If Party B is in any of the following circumstances, Party A has the right to take back the forest land contracted to Party B, and all economic losses caused to Party B therefrom shall be borne by Party B itself, and Party B's contracting fee will not be refunded:
1. Changing the nature and use of forest land for non-forest land development and construction;
2. Deforestation of forests and wasteland;
3. After three years, the survival rate and preservation rate of forest trees still cannot meet the requirements of the national technical regulations for afforestation;
4. Raising cattle, sheep and other livestock in woodland.
19. If there are matters not covered in the execution of this contract, both parties shall make supplementary provisions through consultation, which have the same effect as this contract.
20. This contract shall come into effect as of the date of signature by both parties, in quadruplicate, one for each party, one for the forest police station and one for the superior competent department.
Party A: Shengli Forest Farm, Ulanhot City
Legal Representative of Party A:
Party B:
Date of contract signing:
The above is what Bian Xiao shared today, and I hope it will help everyone.