中华人民共和国农村土地承包法 Law of the Peoples 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）

颁布日期：20020829 　实施日期：20030301 　颁布单位：全国人大常委会

　　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

　　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 the 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 by Other Means

　　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 r

ural 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 product

ion 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

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

　　Section 2

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