Law of the People's Republic of China on Land Contract in Rural Areas (Chinese and English Text)


中文版


The following translation was retrieved from the Chinese Central Government Web site (www.gov.cn) on 13 June 06.  The Chinese text was retrieved from the Chinese Ministry of Agriculture Web site (www.agri.gov.cn) on 22 June 06.  

Law of the People's Republic of China on Land Contract in Rural Areas (Order of the President No.73)
GOV.cn         Sunday, October 09, 2005

Order of the President of the People's Republic of China

No. 73

  The Law of the People's Republic of China on Land Contract in Rural Areas, adopted at the 29th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 29, 2002, is hereby promulgated and shall go into effect as of March 1, 2003.

  Jiang Zemin                                             

  President of the People's Republic of China

  August 29, 2002

Law of the People's Republic of China on Land Contract in Rural Areas

(Adopted at the 29th Meeting of the Standing Committee of the Ninth National People's Congress on August 29, 2002)

Contents

  Chapter I General Provisions

  Chapter II Household Contract

    Section 1 Rights and Obligations of the Party Giving out the Contract and of the Contractor

    Section 2 Principles and Procedures for Contracting

    Section 3 Term of Contract and the Contract

    Section 4 Protection of the Right to Land Contractual Management

    Section 5 Circulation of the Right to Land Contractual Management

  Chapter III Contract in Other Forms

  Chapter IV Settlement of Disputes and Legal Responsibility

  Chapter V Supplementary Provisions

  

Chapter I

General Provisions

  Article 1 In accordance with the Constitution, this Law is enacted for the purposes of stabilizing and improving the two-tier management system that combines centralized and decentralized management on the basis of household contractual management, granting to the peasants long-term and guaranteed land-use right, safeguarding the legitimate rights and interests of the parties to land contracts in rural areas, and promoting the development of agriculture and rural economy and social stability in the countryside.

  Article 2 For purposes of this Law, land in rural areas includes the arable land, forestlands and grasslands owned collectively by the peasants and by the State and used collectively by the peasants according to law, as well as other lands used for agriculture according to law.

  Article 3 The State applies the contractual management system in respect of land in rural areas.

  Land contract in rural areas shall take the form of household contract within the collective economic organizations in the countryside, while such land in rural areas as barren mountains, gullies, hills and beaches, which are not suited to the form of household contract, may be contracted in such forms as bid invitation, auction and public consultation.

  Article 4 The State protects, in accordance with law, the long-term stability of the relationship of land contract in rural areas.

  After the land in rural areas is contracted, the nature of ownership of the land shall remain unchanged. The contracted land may not be purchased or sold.

  Article 5 Members of the collective economic organizations in rural areas shall, according to law, have the right to undertake rural land contracts with their own collective economic organizations that give out the contracts.

  No organizations or individuals may deprive the members of the rural collective economic organizations of their right to undertake contracts or illegally restrict such right.

  Article 6 In undertaking land contracts in rural areas, women shall enjoy equal rights with men. The legitimate rights and interests of women shall be protected in contract. No organizations or individuals may deprive their rights to land contractual management, which they are entitled to, or infringe upon such right.

  Article 7 In land contract in rural areas, the principles of openness, fairness and impartiality shall be adhered to and the relationship of interests among the State, the collective and the individual shall be correctly handled.

  Article 8 In undertaking land contract in rural areas, laws and administrative rules and regulations shall be observed, and the rational development and sustainable use of land resources shall be maintained. Without approval granted according to law, no contracted land may be used for non-agricultural development.

  The State encourages the peasants and the rural collective economic organizations to increase their input in land, improve soil fertility and expand the capacity of agricultural production.

  Article 9 The State protects the legitimate rights and interests of the owners of the collective land and the right of the contractors to land contractual management, which no organizations and individuals may infringe upon.

  Article 10 The State protects the circulation of the right to land contractual management, which is effected according to law, on a voluntary basis and with compensation.

  Article 11 The competent administrative departments for agriculture and forestry under the State Council shall, in compliance with their respective functions and duties defined by the State Council, be responsible for providing guidance to the administration of the contracting of land in the rural areas throughout the country and to the administration of the contracts. The competent administrative departments for agriculture and forestry under the local people's governments at or above the county level shall, in compliance with their respective functions and duties, be responsible for administration of the contracting of the rural land within their own administrative areas and the administration of the contracts. The township (town) people's governments shall be responsible for the administration of the contracting of the rural land within their own administrative areas and of the contracts.

Chapter II

Household Contract

Section 1

Rights and Obligations of the Party Giving out the Contract and of the Contractor

  Article 12 Where the land owned collectively by the peasants belongs, in accordance with law, to collective ownership by the peasants in a village, contracts shall be given out by the collective economic organization of the village or the villagers committee; where the land is already owned collectively by the peasants of more than two rural collective economic organizations in a village, contracts shall be given out respectively by the said organizations or villagers groups in the village. Where contracts are issued by the rural collective economic organizations or villagers committees in a village, the ownership of the land owned collectively by the peasants of the collective economic organizations in the village shall remain unchanged.

  Where rural land owned by the State but is used collectively by the peasants according to law, contracts shall be issued by the rural collective economic organizations, villagers committees or villagers groups that use such land.

  Article 13 The party giving out the contracts shall enjoy the following rights:

  (1) giving out contracts for the rural land owned by the collective to which the party belongs or owned by the State but is used by the said collective according to law;

  (2) exercising supervision over the rational use and protection of the land by the contractor in keeping with the purpose of use agreed upon in the contract;

  (3) stopping the contractor from damaging the contracted land and agricultural resources; and

  (4) other rights provided for by laws and administrative rules and regulations.

  Article 14 The party giving out the contract shall have the following obligations:

  (1) maintaining the right of the contractor to land contractual management, and refraining from illegally modifying and revoking the contract.

  (2) respecting the contractor's right to make its own decision on production and operation, and refraining from interfering with the normal production and operation conducted by the contractor according to law;

  (3) providing the contractor services in respect of production, technology, information, etc. as agreed upon in the contract;

  (4) carrying out the overall plan for land use worked out by the people's government of the county or township (town) and making arrangements for the construction of agricultural infrastructure within its own collective economic organization; and

  (5) other obligations provided for in laws and administrative rules and regulations.

  Article 15 The contractor of a household contract shall be the peasant household of the collective economic organization concerned.

  Article 16 The contractor shall enjoy the following rights:

  (1) enjoying in accordance with law the rights to use the land contracted, to reap the yields and to circulate the right to land contractual management, and the right to make its own decision regarding the arrangements for production and operation as well as the disposition of the products;

  (2) enjoying in accordance with lawful right to obtain appropriate compensation for the contracted land that is requisitioned or occupied according to law; and

  (3) other rights provided for in laws and administrative rules and regulations.

  Article 17 The contractor shall have the following obligations:

  (1) keeping or using the land for agricultural purposes, and refraining from using it for non-agricultural development;

  (2) protecting and rationally using the land in accordance with law, and refraining from causing permanent damage to the land; and

  (2) other obligations provided for in laws and administrative rules and regulations.

Section 2

Principles and Procedures for Contracting

  Article 18 The following principles shall be abided by in the contracting of land:

  (1) when arrangements are made for undertaking contracts in accordance with relevant provisions, members of the same collective economic organization shall, according to law and on an equal footing, exercise the right to contract land, and they may, of their own free will, give up such right;

  (2) democratic consultation, fairness and equitableness;

  (3) in accordance with the provisions of Article 12 of this Law, the contracting plan shall, according to law, be subject to consent by not less than two-thirds of the members of the villagers assembly of the collective economic organization concerned or of the villagers' representatives; and

  (4) the contract procedures conform to the provisions of law.

  Article 19 Land shall be contracted out in accordance with the following procedures:

  (1) a contract-working team shall be elected by the villagers assembly of the collective economic organization concerned;

  (2) the contract-working team shall, in accordance with the provisions of laws and administrative rules and regulations, draw up and announce its contracting plan;

  (3) convening, according to law, the villagers assembly of the collective economic organization concerned to adopt the contracting plan through discussion;

  (4) making known to the public arrangements for the implementation of the contracting plan; and

  (5) concluding the contract.

Section 3

Term of the Contract and the Contract

  Article 20 The term of contract for arable land is 30 years. The term of contract for grassland ranges from 30 to 50 years. The term of contract for forestland ranges from 30 to 70 years; the term of contract for forestland with special trees may, upon approval by the competent administrative department for forestry under the State Council, be longer.

  Article 21 The party giving the contract shall sign a written contract with the contractor.

  A contract shall, in general, include the following clauses:

  (1) the names of the party giving out the contract and the contractor, and the names and domiciles of the responsible person of the party giving out the contract and the representative of the contractor;

  (2) the name, location, area and quality grade of the contracted land;

  (3) the term of contract and the dates of beginning and end;

  (4) the purpose of use of the contracted land;

  (5) the rights and obligations of the party giving out the contract and the contractor; and

  (6) liability for breach of the contract.

  Article 22 A contract shall go into effect as of the date of its conclusion. The contractor shall obtain the right to land contractual management as of the date the contract goes into effect.

  Article 23 Local people's governments at or above the county level shall issue to the contractor the certificate of the right to land contractual management, or the certificate of forestry ownership, etc., and have them registered, thus confirming the right to land contractual management.

  For the issuance of the certificates of the right to land or forestland contractual management, etc., no fees shall be collected except for the cost of the certificates, which is to be collected in accordance with relevant provisions.

  Article 24 After a contract goes into effect, the party giving out the contract may neither modify nor revoke the contract due to the change of the representative for the party giving out the contract or the responsible person concerned, or due to the split or merger of the collective economic organization.

  Article 25 No State organs or their staff members may, taking advantage of their positions and powers, interfere with the contracting of rural land or modify or revoke contracts.

Section 4

Protection of the Right to Land Contractual Management

  Article 26 During the term of contract, the party giving out the contract may not take back the contracted land.

  If during the term of contract, the whole family of the contractor moves into a small town and settles down there, the right of the contractor to land contractual management shall, in accordance with the contractor's wishes, be reserved, or the contractor shall be allowed to circulate the said right according to law.

  If during the term of contract, the whole family of the contractor moves into a city divided into districts and his rural residence registration is changed to non-rural residence registration, he shall turn his contracted arable land or grassland back to the party giving out the contract. If the contractor fails to turn it back, the party giving out the contract may take back the contracted arable land or grassland.

  When during the term of contract, the contractor turns back the contracted land, in which he has made investment, thus increasing its production capacity, or the party giving out the contract takes it back according to law, the contractor shall have the right to obtain appropriate compensation.

  Article 27 During the term of contract, the party giving out the contract may not readjust the contracted land.

  Where during the term of contract, such special circumstances as natural calamities that seriously damaged the contracted land make it necessary to properly readjust the arable land or grasslands contracted by individual peasant households, the matter shall be subject to consent by not less than two-thirds of the members of the villagers assembly of the collective economic organization concerned or of the villagers' representatives and shall be reported for approval to the competent administrative departments for agriculture, etc. under the relevant township (town) people's government and the people's government at the county level. Where an agreement upon no adjustments is concluded in the contract, such an agreement shall prevail.

  Article 28 The following land shall be used for readjustment of contracted land or for contracting out to new inhabitants:

  (1) land reserved, according to law, by collective economic organizations;

  (2) land increased through reclamation according to law, etc.; and

  (3) land turned back, according to law or on a voluntary basis, by contractors; or

  Article 29 During the term of contract, the contractor may, of his own free will, turn back the contracted land to the party giving out the contract. Where a contractor wishes to do the same, he shall, six months in advance, inform the party giving out the contract of the matter in written form. Where a contractor turns back the contracted land during the term of contract, he may no longer request to undertake a contract for land within the term.

  Article 30 During the term of contract, a woman gets married and undertakes no contract for land in the place of her new residence, the party giving out the contract may not take back her originally contracted land; and where a divorced woman or a woman bereaved of her husband still lives at her original residence or does not live at her original residence but undertakes no contract for land at her new residence, the party giving out the contract may not take back her originally contracted land.

  Article 31 The benefits derived from the contract which are due to contractor shall be inherited in accordance with the provisions of the Succession Law. In case a contractor for forestland is dead, his/her successor may, within the term of contract, continue to undertake the contract.

Section 5

Circulation of the Right to Land Contractual Management

  Article 32 The right to land contractual management obtained through household contract may, according to law, be circulated by subcontracting, leasing, exchanging, transferring or other means.

  Article 33 The right to land contractual management shall be circulated in adherence to the following principles:

  (1) that consultation on an equal footing, voluntariness and compensation, and no organizations or individuals may compel the contractor to circulate his right to land contractual management or prevent him from doing so;

  (2) that no change shall be made in the nature of the land ownership or the purpose of use of the land designed for agriculture;

  (3) that the term of the circulation may not exceed the remaining period of the term of contract;

  (4) that the transferee shall have the capability for agricultural operation; and

  (5) that under equal conditions, members of the collective economic organization concerned shall enjoy priority.

  Article 34 In the circulation of the right to land contractual management, the contractor shall be the subject. The contractor shall have the right to make his own decision, according to law, on whether to circulate the right to land contractual management and on the means by which to circulate the right.

  Article 35 During the term of contract, the party giving out the contract may not unilaterally revoke the contract, nor, under the pretext that the minority is subordinate to the majority, compel the contractor to give up or modify his right to land contractual management, nor take back the contracted land by reason of the need to divide the land into "grain rations fields" and "responsibility fields" in order to contract it out through bid invitation, or take back the contracted land to pay off its debts.

  Article 36 Such fees as the subcontract charges, rent and transfer charges to be collected for the circulation of the right to land contractual management shall be decided on by the two parties through consultation. Proceeds derived from the circulation shall belong to the contractor, which no organizations or individuals may retain or withhold without authorization.

  Article 37 Where the right to land contractual management is circulated by means of subcontract, lease, exchange, transfer or by other means, the two parties shall conclude a written contract. Where transfer is adopted for circulation, the matter shall be subject to consent by the party giving out the contract; and where subcontract, lease, exchange or other means is adopted for circulation, the matter shall be reported to the party giving out the contract for the record.

  In general, the contract for the circulation of the right to land contractual management shall include the following clauses:

  (1) the names and domiciles of the two parties;

  (2) the name, location, area and quality grade of land concerned;

  (3) the term of circulation and the dates of beginning and end;

  (4) the purpose of use of the land concerned;

  (5) the rights and obligations of the two parties;

  (6) the price for the right circulated and the method of payment; and

  (7) liabilities for breach of the contract.

  Article 38 Where the parities to the circulation of the right to land contractual management by means of exchange or transfer request registration, they shall apply for registration to the local people's government at or above he county level. If he above is not registered, no one may oppose the third party acting in good faith.

  Article 39 The contractor may, within a certain period of time, subcontract or lease part or all of the right to land contractual management to the third party, but the contractual relationship between the contractor and the party giving out the contract shall remain unchanged.

  Where the period in which the contractor lets another person do farm work on his behalf does not exceed one year, a written contract may be dispensed with.

  Article 40 Contractors may, for the convenience of farming or for their own needs, exchange between themselves their right to contractual management of the land belonging to the same collective economic organization.

  Article 41 Where a contractor has a stable non-agricultural occupation or a stable source of income, he may, with the consent of the party giving out the contract, transfer the total or part of his right to land contractual management to another peasant household engaged in agricultural production and management, and this peasant household shall establish a new contractual relationship with the party giving out the contract, thereupon the contractual relationship on this land between the former contractor and the party giving out the contract is terminated.

  Article 42 For the purpose of developing the agricultural economy, the contractors may, of their own free will, jointly pool their rights to land contractual management as shares to engage in cooperative agricultural production.

  Article 43 Where the contractor makes investment in his contacted land and thus increases the productive capacity of the land, he shall have the right to obtain an appropriate compensation when his right to land contractual management is circulated according to law.

Chapter III

Contract by Other Means

  Article 44 The provisions in this Chapter shall be applicable to such land in the rural areas as barren mountains, gullies, hills and beaches which are not suited to household contract but are contracted through bid invitation, auction, public consultation, etc.

  Article 45 Where rural land is contracted by other means, a contract shall be concluded. Matters such as the rights and obligations of the parties and the term of contract shall be determined through consultation by the two parties. Where land is contracted through bid invitation or auction, the contracting fees shall be determined through public competitive bidding and competitive pricing; and where land is contracted through public consultation, etc., the contracting fees shall be determined by the two parties through discussion.

  Article 46 Barren mountains, gullies, hills and beaches may directly be undertaken for contractual management by such means as bid invitation, auction and public consultation, or may also be undertaken for contractual management or for joint-stock cooperative management after the rights to land contractual management are converted into shares and distributed to the members of the collective economic organization concerned.

  Persons who enter into contracts for barren mountains, gullies, hills and beaches shall abide by the provisions of the relevant laws and administrative rules and regulations, prevent soil erosion and protect the ecological environment.

  Article 47 Where rural land is contracted by other means, under equal conditions, the members of the collective economic organization concerned shall have the priority to undertake the contract.

  Article 48 Where the party giving out contracts gives out the contracts for rural land to units or individuals other than the ones of the collective economic organization concerned, the matter shall first subject to consent by not less than two-thirds of the members of the villagers assembly, or of the villagers' representatives, of the collective economic organization concerned and it shall be submitted to the township (town) people's government for approval.

  Where units or individuals other than the ones of the collective economic organization concerned undertake contracts, the contracts shall be concluded only after examination of the credit position and management capability of the contractors.

  Article 49 Where a person enters into a contract for rural land through bid invitation, auction or public consultation and, after registration according to law, obtains the certificate of the right to land contractual management or the certificate of the right to forestland contractual management, his right to land contractual management may, according to law, be circulated though transfer, lease, pooling of rights as shares, mortgage or other means.

  Article 50 Where the right to land contractual management is obtained through bid invitation, auction or public consultation and when the contractor is dead, the benefits derived from the contract which are due him shall be inherited in accordance with the provisions of the Succession Law; and within the term of contract his successor may continue to execute the contract.

Chapter IV

Settlement of Disputes and Legal Responsibility

  Article 51 Where dispute arises over the contractual management of land, the two parties may settle the dispute though consultation and may request the villagers assembly or the township (town) people's government to help settle the dispute though mediation.

  Where the parties are not willing to have it settled through consultation or mediation or consultation or mediation is not successful, they may apply to an arbitral body in charge of rural land contracts for arbitration, or directly bring a suit in the People's Court.

  Article 52 Where the parties are not satisfied with the arbitral ruling made by the arbitral body in charge of rural land contracts, they may bring a suit in the People's Court within 30 days from the date they receive the ruling in writing. If they fail to file a suit before expiration of the prescribed time limit, the written ruling shall thereupon become legally effective.

  Article 53 Any organizations or individuals that infringe upon the contractor's right to land contractual management shall bear civil responsibility.

  Article 54 Where the party giving out the contract commits one of the following acts, it shall bear such civil responsibilities as desisting from the infringement, returning the original articles, restoring the original state, forestalling damages, eliminating dangers and compensating losses:

  (1) interfering with the right to decision-making for production and management enjoyed by a contractor according to law;

  (2) taking back or readjusting the contracted land in violation of the provisions of this Law;

  (3) compelling a contractor to circulate his right to land contractual management or preventing a contractor from doing so;

  (4) circulating the right to land contractual management by compelling a contractor to give up or modify his right to land contractual management on the pretext that the minority is subordinate to the majority;

  (5) taking back the contracted land by reason of the need to divide the land into "grain rations fields" and "responsibility fields" in order to contract out the land though bid invitation;

  (6) taking back the contracted land to pay off its debts;

  (7) depriving women of the right to land contractual management that they enjoy according to law or infringing on such right; and

  (8) other acts infringing upon the right to land contractual management.

  Article 55 Any agreements in a contract concluded against the will of a contractor or in violation of the relevant compulsory provisions of laws and administrative rules and regulations against the taking back and readjusting of the contracted land shall be invalid.

  Article 56 Where a party fails to perform the obligations in a contract or the obligations it performs are at variance with the ones agreed upon, it shall, in accordance with the provisions in the Contract Law of the People's Republic of China, bear responsibility for breach of the contract.

  Article 57 Any circulation of the right to land contractual management by a contractor under the compulsion of an organization or individual shall be invalid.

  Article 58 Any organization or individual that, without authorization, detains or withholds the proceeds derived from the circulation of the right to land contractual management shall return such proceeds.

  Article 59 Any unit or individual that, in violation of the regulations on land administration, requisitions or occupies land or embezzles or misappropriates the compensations paid for the land requisitioned, which constitutes a crime, it/he shall be investigated for criminal responsibility in accordance with law; and if damages are caused to others, it/he shall bear such responsibilities as paying compensation for the damages.

  Article 60 Where a contractor, in violation of law, uses the contracted land for non-agricultural development, the relevant competent administrative department of the local people's government at or above the county level shall, according to law, impose punishment on him.

  Where a contractor causes permanent damages to the contracted land, the party giving out the contract shall have the right to put a stop to it and to demand the contractor to compensate the losses entailed.

  Article 61 Where a State organ or its staff member, taking advantage of its/his positions and powers, infringes upon the right to land contractual management by interfering with rural land contract, modifying or revoking a contract, interfering with the right to decision-making for production and management that a contractor enjoys according to law, or compelling a contractor to circulate his right to land contractual management or preventing him from doing so, which causes losses to the contractor, it/he shall bear such responsibilities as paying compensation for the losses; if the circumstances are serious, the organ at the next higher level or the unit the staff member belongs to shall give administrative sanctions to the persons directly responsible; and if the offence constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter V

Supplementary Provisions

  Article 62 Where, before the implementation of this Law, contracts have already been concluded in accordance with the regulations of the State on rural land contract, including those the term of which is longer than what is provided for in this Law, such contracts shall continue to be valid after the implementation of this Law, and such land contracts shall not be renewed. Where the certificate of the right to land contractual management or the certificate of the right to forestland contractual management has not been issued to contractors, it shall be issued retroactively.

  Article 63 Where, before the implementation of this Law, land has already been reserved, the area of such reserved land may not exceed five percent of the total area of the arable land of the collective economic organization concerned. If the area is less than five percent, the area of the reserved land may not be increased.

  Where, before implementation of this Law, no land is reserved, no land may be reserved after the implementation of this Law.

  Article 64 The standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and in light of the actual conditions of their administrative areas, work out measures for implementation of this Law.

  Article 65 This Law shall go into effect as of March 1, 2003.  

Notice: All copyrights of the English version of the Orders of the President of the People's Republic of China released on gov.cn belong to the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China.
 
Editor:     Yangtze Yan


中华人民共和国农村土地承包法

中华人民共和国农村土地承包法

日期:2002-08-29 发布单位:第九届全国人民代表大会常务委员会

(2002年8月29日第九届全国人民代表大会常务委员会第二十九次会议通过)

  目 录
  第一章 总 则
  第二章 家庭承包
  第一节 发包方和承包方的权利和义务
  第二节 承包的原则和程序
  第三节 承包期限和承包合同
  第四节 土地承包经营权的保护
  第五节 土地承包经营权的流转
  第三章 其他方式的承包
  第四章 争议的解决和法律责任
  第五章 附 则
  

第一章 总 则
  第一条 为稳定和完善以家庭承包经营为基础、统分结合的双层经营体制,赋予农民长期而有保障的土地使用权,维护农村土地承包当事人的合法权益,促进农业、农村经济发展和农村社会稳定,根据宪法,制定本法。
  第二条 本法所称农村土地,是指农民集体所有和国家所有依法由农民集体使用的耕地、林地、草地,以及其他依法用于农业的土地。
  第三条 国家实行农村土地承包经营制度。
  农村土地承包采取农村集体经济组织内部的家庭承包方式,不宜采取家庭承包方式的荒山、荒沟、荒丘、荒滩等农村土地,可以采取招标、拍卖、公开协商等方式承包。
  第四条 国家依法保护农村土地承包关系的长期稳定。
  农村土地承包后,土地的所有权性质不变。承包地不得买卖。
  第五条 农村集体经济组织成员有权依法承包由本集体经济组织发包的农村土地。
  任何组织和个人不得剥夺和非法限制农村集体经济组织成员承包土地的权利。
  第六条 农村土地承包,妇女与男子享有平等的权利。承包中应当保护妇女的合法权益,任何组织和个人不得剥夺、侵害妇女应当享有的土地承包经营权。
  第七条 农村土地承包应当坚持公开、公平、公正的原则,正确处理国家、集体、个人三者的利益关系。
  第八条 农村土地承包应当遵守法律、法规,保护土地资源的合理开发和可持续利用。未经依法批准不得将承包地用于非农建设。
  国家鼓励农民和农村集体经济组织增加对土地的投入,培肥地力,提高农业生产能力。
  第九条 国家保护集体土地所有者的合法权益,保护承包方的土地承包经营权,任何组织和个人不得侵犯。
  第十条 国家保护承包方依法、自愿、有偿地进行土地承包经营权流转。
  第十一条 国务院农业、林业行政主管部门分别依照国务院规定的职责负责全国农村土地承包及承包合同管理的指导。县级以上地方人民政府农业、林业等行政主管部门分别依 照各自职责,负责本行政区域内农村土地承包及承包合同管理。乡(镇)人民政府负责本行政区域内农村土地承包及承包合同管理。
第二章 家庭承包
  第一节 发包方和承包方的权利和义务

  第十二条 农民集体所有的土地依法属于村农民集体所有的,由村集体经济组织或者村民委员会发包;已经分别属于村内两个以上农村集体经济组织的农民集体所有的,由村内 各该农村集体经济组织或者村民小组发包。村集体经济组织或者村民委员会发包的,不得改变村内各集体经济组织农民集体所有的土地的所有权。
  国家所有依法由农民集体使用的农村土地,由使用该土地的农村集体经济组织、村民委员会或者村民小组发包。
  第十三条 发包方享有下列权利:
  (一)发包本集体所有的或者国家所有依法由本集体使用的农村土地;
  (二)监督承包方依照承包合同约定的用途合理利用和保护土地;
  (三)制止承包方损害承包地和农业资源的行为;
  (四)法律、行政法规规定的其他权利。
  第十四条 发包方承担下列义务:
  (一)维护承包方的土地承包经营权,不得非法变更、解除承包合同;
  (二)尊重承包方的生产经营自主权,不得干涉承包方依法进行正常的生产经营活动;
  (三)依照承包合同约定为承包方提供生产、技术、信息等服务;
  (四)执行县、乡(镇)土地利用总体规划,组织本集体经济组织内的农业基础设施建设;
  (五)法律、行政法规规定的其他义务。
  第十五条 家庭承包的承包方是本集体经济组织的农户。
  第十六条 承包方享有下列权利:
  (一)依法享有承包地使用、收益和土地承包经营权流转的权利,有权自主组织生产经营和处置产品;
  (二)承包地被依法征用、占用的,有权依法获得相应的补偿;
  (三)法律、行政法规规定的其他权利。
  第十七条 承包方承担下列义务:
  (一)维持土地的农业用途,不得用于非农建设;
  (二)依法保护和合理利用土地,不得给土地造成永久性损害;
  (三)法律、行政法规规定的其他义务。
  
  第二节 承包的原则和程序

  第十八条 土地承包应当遵循以下原则:
  (一)按照规定统一组织承包时,本集体经济组织成员依法平等地行使承包土地的权利,也可以自愿放弃承包土地的权利;
  (二)民主协商,公平合理;
  (三)承包方案应当按照本法第十二条的规定,依法经本集体经济组织成员的村民会议三分之二以上成员或者三分之二以上村民代表的同意;
  (四)承包程序合法。
  第十九条 土地承包应当按照以下程序进行:
  (一)本集体经济组织成员的村民会议选举产生承包工作小组;
  (二)承包工作小组依照法律、法规的规定拟订并公布承包方案;
  (三)依法召开本集体经济组织成员的村民会议,讨论通过承包方案;
  (四)公开组织实施承包方案;
  (五)签订承包合同。
  
  第三节 承包期限和承包合同
  
  第二十条 耕地的承包期为三十年。草地的承包期为三十年至五十年。林地的承包期为三十年至七十年;特殊林木的林地承包期,经国务院林业行政主管部门批准可以延长。
  第二十一条 发包方应当与承包方签订书面承包合同。
  承包合同一般包括以下条款:
  (一)发包方、承包方的名称,发包方负责人和承包方代表的姓名、住所;
  (二)承包土地的名称、坐落、面积、质量等级;
  (三)承包期限和起止日期;
  (四)承包土地的用途;
  (五)发包方和承包方的权利和义务;
  (六)违约责任。
  第二十二条 承包合同自成立之日起生效。承包方自承包合同生效时取得土地承包经营权。
  第二十三条 县级以上地方人民政府应当向承包方颁发土地承包经营权证或者林权证等证书,并登记造册,确认土地承包经营权。
  颁发土地承包经营权证或者林权证等证书,除按规定收取证书工本费外,不得收取其他费用。
  第二十四条 承包合同生效后,发包方不得因承办人或者负责人的变动而变更或者解除,也不得因集体经济组织的分立或者合并而变更或者解除。
  第二十五条 国家机关及其工作人员不得利用职权干涉农村土地承包或者变更、解除承包合同。
  
  第四节 土地承包经营权的保护
  
  第二十六条 承包期内,发包方不得收回承包地。
  承包期内,承包方全家迁入小城镇落户的,应当按照承包方的意愿,保留其土地承包经营权或者允许其依法进行土地承包经营权流转。
  承包期内,承包方全家迁入设区的市,转为非农业户口的,应当将承包的耕地和草地交回发包方。承包方不交回的,发包方可以收回承包的耕地和草地。
  承包期内,承包方交回承包地或者发包方依法收回承包地时,承包方对其在承包地上投入而提高土地生产能力的,有权获得相应的补偿。
  第二十七条 承包期内,发包方不得调整承包地。
  承包期内,因自然灾害严重毁损承包地等特殊情形对个别农户之间承包的耕地和草地需要适当调整的,必须经本集体经济组织成员的村民会议三分之二以上成员 或者三分之二以上村民代表的同意,并报乡(镇)人民政府和县级人民政府农业等行政主管部门批准。承包合同中约定不得调整的,按照其约定。
  第二十八条 下列土地应当用于调整承包土地或者承包给新增人口:
  (一)集体经济组织依法预留的机动地;
  (二)通过依法开垦等方式增加的;
  (三)承包方依法、自愿交回的。
  第二十九条 承包期内,承包方可以自愿将承包地交回发包方。承包方自愿交回承包地的,应当提前半年以书面形式通知发包方。承包方在承包期内交回承包地的,在承包期内不得再要求承包土地。
  第三十条 承包期内,妇女结婚,在新居住地未取得承包地的,发包方不得收回其原承包地;妇女离婚或者丧偶,仍在原居住地生活或者不在原居住地生活但在新居住地未取得承包地的,发包方不得收回其原承包地。
  第三十一条 承包人应得的承包收益,依照继承法的规定继承。
  林地承包的承包人死亡,其继承人可以在承包期内继续承包。
  
  第五节 土地承包经营权的流转
  
  第三十二条 通过家庭承包取得的土地承包经营权可以依法采取转包、出租、互换、转让或者其他方式流转。
  第三十三条 土地承包经营权流转应当遵循以下原则:
  (一)平等协商、自愿、有偿,任何组织和个人不得强迫或者阻碍承包方进行土地承包经营权流转;
  (二)不得改变土地所有权的性质和土地的农业用途;
  (三)流转的期限不得超过承包期的剩余期限;
  (四)受让方须有农业经营能力;
  (五)在同等条件下,本集体经济组织成员享有优先权。
  第三十四条 土地承包经营权流转的主体是承包方。承包方有权依法自主决定土地承包经营权是否流转和流转的方式。
  第三十五条 承包期内,发包方不得单方面解除承包合同,不得假借少数服从多数强迫承包方放弃或者变更土地承包经营权,不得以划分“口粮田”和“责任田”等为由收回承包地搞招标承包,不得将承包地收回抵顶欠款。
  第三十六条 土地承包经营权流转的转包费、租金、转让费等,应当由当事人双方协商确定。流转的收益归承包方所有,任何组织和个人不得擅自截留、扣缴。
  第三十七条 土地承包经营权采取转包、出租、互换、转让或者其他方式流转,当事人双方应当签订书面合同。采取转让方式流转的,应当经发包方同意;采取转包、出租、互换或者其他方式流转的,应当报发包方备案。
  土地承包经营权流转合同一般包括以下条款:
  (一)双方当事人的姓名、住所;
  (二)流转土地的名称、坐落、面积、质量等级;
  (三)流转的期限和起止日期;
  (四)流转土地的用途;
  (五)双方当事人的权利和义务;
  (六)流转价款及支付方式;
  (七)违约责任。
  第三十八条 土地承包经营权采取互换、转让方式流转,当事人要求登记的,应当向县级以上地方人民政府申请登记。未经登记,不得对抗善意第三人。
  第三十九条 承包方可以在一定期限内将部分或者全部土地承包经营权转包或者出租给第三方,承包方与发包方的承包关系不变。
  承包方将土地交由他人代耕不超过一年的,可以不签订书面合同。
  第四十条 承包方之间为方便耕种或者各自需要,可以对属于同一集体经济组织的土地的土地承包经营权进行互换。
  第四十一条 承包方有稳定的非农职业或者有稳定的收入来源的,经发包方同意,可以将全部或者部分土地承包经营权转让给其他从事农业生产经营的农户,由该农户同发包方确立新的承包关系,原承包方与发包方在该土地上的承包关系即行终止。
  第四十二条 承包方之间为发展农业经济,可以自愿联合将土地承包经营权入股,从事农业合作生产。
  第四十三条 承包方对其在承包地上投入而提高土地生产能力的,土地承包经营权依法流转时有权获得相应的补偿。
第三章 其他方式的承包
  第四十四条 不宜采取家庭承包方式的荒山、荒沟、荒丘、荒滩等农村土地,通过招标、拍卖、公开协商等方式承包的,适用本章规定。
  第四十五条 以其他方式承包农村土地的,应当签订承包合同。当事人的权利和义务、承包期限等,由双方协商确定。以招标、拍卖方式承包的,承包费通过公开竞标、竞价确定;以公开协商等方式承包的,承包费由双方议定。
  第四十六条 荒山、荒沟、荒丘、荒滩等可以直接通过招标、拍卖、公开协商等方式实行承包经营,也可以将土地承包经营权折股分给本集体经济组织成员后,再实行承包经营或者股份合作经营。
  承包荒山、荒沟、荒丘、荒滩的,应当遵守有关法律、行政法规的规定,防止水土流失,保护生态环境。
  第四十七条 以其他方式承包农村土地,在同等条件下,本集体经济组织成员享有优先承包权。
  第四十八条 发包方将农村土地发包给本集体经济组织以外的单位或者个人承包,应当事先经本集体经济组织成员的村民会议三分之二以上成员或者三分之二以上村民代表的同意,并报乡(镇)人民政府批准。
  由本集体经济组织以外的单位或者个人承包的,应当对承包方的资信情况和经营能力进行审查后,再签订承包合同。
  第四十九条 通过招标、拍卖、公开协商等方式承包农村土地,经依法登记取得土地承包经营权证或者林权证等证书的,其土地承包经营权可以依法采取转让、出租、入股、抵押或者其他方式流转。
  第五十条 土地承包经营权通过招标、拍卖、公开协商等方式取得的,该承包人死亡,其应得的承包收益,依照继承法的规定继承;在承包期内,其继承人可以继续承包。
第四章 争议的解决和法律责任
  第五十一条 因土地承包经营发生纠纷的,双方当事人可以通过协商解决,也可以请求村民委员会、乡(镇)人民政府等调解解决。
  当事人不愿协商、调解或者协商、调解不成的,可以向农村土地承包仲裁机构申请仲裁,也可以直接向人民法院起诉。
  第五十二条 当事人对农村土地承包仲裁机构的仲裁裁决不服的,可以在收到裁决书之日起三十日内向人民法院起诉。逾期不起诉的,裁决书即发生法律效力。
  第五十三条 任何组织和个人侵害承包方的土地承包经营权的,应当承担民事责任。
  第五十四条 发包方有下列行为之一的,应当承担停止侵害、返还原物、恢复原状、排除妨害、消除危险、赔偿损失等民事责任:
  (一)干涉承包方依法享有的生产经营自主权;
  (二)违反本法规定收回、调整承包地;
  (三)强迫或者阻碍承包方进行土地承包经营权流转;
  (四)假借少数服从多数强迫承包方放弃或者变更土地承包经营权而进行土地承包经营权流转;
  (五)以划分“口粮田”和“责任田”等为由收回承包地搞招标承包;
  (六)将承包地收回抵顶欠款;
  (七)剥夺、侵害妇女依法享有的土地承包经营权;
  (八)其他侵害土地承包经营权的行为。
  第五十五条 承包合同中违背承包方意愿或者违反法律、行政法规有关不得收回、调整承包地等强制性规定的约定无效。
  第五十六条 当事人一方不履行合同义务或者履行义务不符合约定的,应当依照《中华人民共和国合同法》的规定承担违约责任。
  第五十七条 任何组织和个人强迫承包方进行土地承包经营权流转的,该流转无效。
  第五十八条 任何组织和个人擅自截留、扣缴土地承包经营权流转收益的,应当退还。
  第五十九条 违反土地管理法规,非法征用、占用土地或者贪污、挪用土地征用补偿费用,构成犯罪的,依法追究刑事责任;造成他人损害的,应当承担损害赔偿等责任。
  第六十条 承包方违法将承包地用于非农建设的,由县级以上地方人民政府有关行政主管部门依法予以处罚。
  承包方给承包地造成永久性损害的,发包方有权制止,并有权要求承包方赔偿由此造成的损失。
  第六十一条 国家机关及其工作人员有利用职权干涉农村土地承包,变更、解除承包合同,干涉承包方依法享有的生产经营自主权,或者强迫、阻碍承包方进行土地承包经营权流 转等侵害土地承包经营权的行为,给承包方造成损失的,应当承担损害赔偿等责任;情节严重的,由上级机关或者所在单位给予直接责任人员行政处分;构成犯罪 的,依法追究刑事责任。
第五章 附 则
  第六十二条 本法实施前已经按照国家有关农村土地承包的规定承包,包括承包期限长于本法规定的,本法实施后继续有效,不得重新承包土地。未向承包方颁发土地承包经营权证或者林权证等证书的,应当补发证书。
  第六十三条 本法实施前已经预留机动地的,机动地面积不得超过本集体经济组织耕地总面积的百分之五。不足百分之五的,不得再增加机动地。
  本法实施前未留机动地的,本法实施后不得再留机动地。
  第六十四条 各省、自治区、直辖市人民代表大会常务委员会可以根据本法,结合本行政区域的实际情况,制定实施办法。
  第六十五条 本法自2003年3月1日起施行。