Village committee contracts forest land mining
Publish: 2021-04-29 22:32:51
1. Without approval according to law, villagers are not allowed to step on sand and dig stones in the forest land, which is illegal and can be punished by the relevant administrative departments of the local people's governments at or above the county level; If permanent damage is caused to the contracted land, the employer may terminate the contract and require the contractor to compensate for the loss< Article 8 in the land contract law of the people's Republic of China, the rural land contract shall abide by laws and regulations and protect the rational development and sustainable utilization of land resources. Without approval according to law, the contracted land shall not be used for non-agricultural construction
the State encourages farmers and rural collective economic organizations to increase investment in land, improve soil fertility and improve agricultural proction capacity< Article 13 the employer shall have the following rights:
(1) to contract out the rural land owned by the collective or owned by the state and used by the collective according to law< (2) supervise the contractors to make rational use of and protect the land according to the use agreed in the contract< (3) stop the Contractor from damaging the contracted land and agricultural resources< (4) other rights stipulated by laws and administrative regulations< Article 60 if a contractor illegally uses the contracted land for non-agricultural construction, it shall be punished by the relevant administrative department of the local people's government at or above the county level according to law
if the contractor causes permanent damage to the contracted land, the employer has the right to stop it and claim compensation from the contractor.
the State encourages farmers and rural collective economic organizations to increase investment in land, improve soil fertility and improve agricultural proction capacity< Article 13 the employer shall have the following rights:
(1) to contract out the rural land owned by the collective or owned by the state and used by the collective according to law< (2) supervise the contractors to make rational use of and protect the land according to the use agreed in the contract< (3) stop the Contractor from damaging the contracted land and agricultural resources< (4) other rights stipulated by laws and administrative regulations< Article 60 if a contractor illegally uses the contracted land for non-agricultural construction, it shall be punished by the relevant administrative department of the local people's government at or above the county level according to law
if the contractor causes permanent damage to the contracted land, the employer has the right to stop it and claim compensation from the contractor.
2.
The village collective or indivial with mountain forest certificate is a legal mountain forest contracting unit or indivial. The right of mountain forest management of the village collective belongs to all villagers. The transfer of mountain forest management right must be discussed and decided by the villagers' representative meeting before the village committee can contract. The same conditions must give priority to the villagers of the village
< HR / >the management right of indivial mountain forest belongs to the farmers. The transfer and contracting of mountain forest must be approved by the farmers with the management right and signed. Without the consent of the farmers, no one has the right to deprive the farmers of the management right. Therefore, it is illegal for the village committee to deprive farmers of the right of mountain forest management and contract them to others. Farmers of mountain forest management can report to the higher government and recover their legitimate rights and interests according to law
3. Although it is not illegal for others to mine illegally in your contracted forest land, the miner has violated the economic contract law and the mineral resources law. So you have the obligation and responsibility to report
which proceres are needed for mining?
first, go to the instrial and commercial department for name verification, second, go to the Bureau of land and resources for mining license, third, go to the safety administration for approval. 4、 Go to the Environmental Protection Bureau for evaluation. 5、 Apply for business license at the instrial and commercial department. 6、 Go to tax department for tax registration certificate< According to the relevant provisions of the proction safety law, the mine safety law, and the measures of Jiangxi Province for the implementation of the mine safety law of the people's Republic of China, the scope of application is applicable to all non coal mining enterprises under the jurisdiction of the people's Republic of China, Mining design scheme and safety proction assessment report prepared by qualified units< 4. The proceres, materials and related documents needed for the work
approval documents of the people's Government of the township where the work is carried out
5. The charging basis and standard cost of each certificate are 50 yuan
6. Handling proceres
acceptance review report to the Municipal Administration of work safety for approval
which proceres are needed for mining?
first, go to the instrial and commercial department for name verification, second, go to the Bureau of land and resources for mining license, third, go to the safety administration for approval. 4、 Go to the Environmental Protection Bureau for evaluation. 5、 Apply for business license at the instrial and commercial department. 6、 Go to tax department for tax registration certificate< According to the relevant provisions of the proction safety law, the mine safety law, and the measures of Jiangxi Province for the implementation of the mine safety law of the people's Republic of China, the scope of application is applicable to all non coal mining enterprises under the jurisdiction of the people's Republic of China, Mining design scheme and safety proction assessment report prepared by qualified units< 4. The proceres, materials and related documents needed for the work
approval documents of the people's Government of the township where the work is carried out
5. The charging basis and standard cost of each certificate are 50 yuan
6. Handling proceres
acceptance review report to the Municipal Administration of work safety for approval
4. According to Article 12 of the law of the people's Republic of China on rural land contract, if the land collectively owned by farmers belongs to the village farmers according to law, it shall be contracted out by the village collective economic organization or the villagers' committee; If it has been collectively owned by two or more rural collective economic organizations in the village, the contract shall be awarded by each rural collective economic organization or villagers' group in the village. Where a contract is contracted out by a village collective economic organization or a villagers' committee, the ownership of the land collectively owned by the peasants of each village collective economic organization shall not be changed. Rural land owned by the state and collectively used by farmers according to law shall be contracted out by the rural collective economic organizations, villagers' committees or villagers' groups that use the land. Got it?
5. Hello, your dispute belongs to the rural land contract management right dispute. According to the law, you can ask the village committee and the town government to mediate, or you can apply to the rural land contract arbitration organization for arbitration. If you are not willing to mediate or arbitrate, you can directly bring a lawsuit to the court for settlement Article 51 of the law of the people's Republic of China on the contracted management of rural land, in case of a dispute arising from the contracted management of rural land, the two parties may settle the dispute through consultation, or request the villagers' committee or the township (town) people's government to mediate
if the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they can apply to the rural land contract arbitration institution for arbitration, or they can directly bring a lawsuit to the people's court.
if the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they can apply to the rural land contract arbitration institution for arbitration, or they can directly bring a lawsuit to the people's court.
6. Article 32 of the law of the people's Republic of China on rural land contract
the right to contracted management of land obtained through household contract can be transferred by subcontracting, leasing, exchanging, transferring or other means according to law< Article 33 the transfer of the right to land contractual management shall follow the following principles:
(1) equal consultation, voluntariness and compensation. No organization or indivial shall force or hinder the contractor to transfer the right to land contractual management< (2) the nature of land ownership and the agricultural use of land shall not be changed< (3) the transfer period shall not exceed the remaining period of the contract period< (4) the transferee must have the ability of agricultural operation< (5) under the same conditions, members of the collective economic organization shall enjoy the priority< Article 34 the main body of the transfer of land contractual management right is the contractor. The contractor has the right to decide whether or not the land contractual management right is transferred and how it is transferred< Article 37 when the right to contracted management of land is transferred by means of subcontracting, leasing, exchanging, transferring or other means, both parties shall sign a written contract. In case of transfer, the consent of the employer shall be obtained; In case of subcontracting, leasing, exchanging or other means of circulation, it shall be reported to the employer for the record
Article 48: when the contract awarding Party (collective organization, generally the village committee) contracts the rural land to units or indivials other than the collective economic organization, it shall obtain the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives of the collective economic organization in advance, and report to the township (town) people's government for approval
if the contract is contracted by a unit or indivial other than the collective economic organization, the Contractor's credit status and operation ability shall be examined before signing the contract
I don't know what your situation is. The contractor has the autonomy to transfer the contracted management right according to law, and the employer has to go through legal proceres to contract people outside the village.
the right to contracted management of land obtained through household contract can be transferred by subcontracting, leasing, exchanging, transferring or other means according to law< Article 33 the transfer of the right to land contractual management shall follow the following principles:
(1) equal consultation, voluntariness and compensation. No organization or indivial shall force or hinder the contractor to transfer the right to land contractual management< (2) the nature of land ownership and the agricultural use of land shall not be changed< (3) the transfer period shall not exceed the remaining period of the contract period< (4) the transferee must have the ability of agricultural operation< (5) under the same conditions, members of the collective economic organization shall enjoy the priority< Article 34 the main body of the transfer of land contractual management right is the contractor. The contractor has the right to decide whether or not the land contractual management right is transferred and how it is transferred< Article 37 when the right to contracted management of land is transferred by means of subcontracting, leasing, exchanging, transferring or other means, both parties shall sign a written contract. In case of transfer, the consent of the employer shall be obtained; In case of subcontracting, leasing, exchanging or other means of circulation, it shall be reported to the employer for the record
Article 48: when the contract awarding Party (collective organization, generally the village committee) contracts the rural land to units or indivials other than the collective economic organization, it shall obtain the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives of the collective economic organization in advance, and report to the township (town) people's government for approval
if the contract is contracted by a unit or indivial other than the collective economic organization, the Contractor's credit status and operation ability shall be examined before signing the contract
I don't know what your situation is. The contractor has the autonomy to transfer the contracted management right according to law, and the employer has to go through legal proceres to contract people outside the village.
7.
Need to sign a contract with the village committee or farmers
Relevant laws and regulations: refer to Article 21 of the rural land contract law of the people's Republic of China The contract generally includes the following clauses:(1) the name of the employer and the contractor, the name and address of the person in charge of the employer and the representative of the contractor
(2) the name, location, area and quality grade of the contracted land (3) contract term and start and end dates (4) the use of contracted land (5) rights and obligations of the employer and the contractor (6) liability for breach of contract Article 48 stipulates that "when the contract awarding party contracts rural land to units or indivials other than the collective economic organization, it shall obtain the prior consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives of the collective economic organization, and report to the township (town) people's government for approval. If a contract is contracted by a unit or indivial other than the collective economic organization, the Contractor shall sign a contract after examining the Contractor's credit status and operation ability. "
extension data
the model contract for the mountain forest contract is as follows:
contractor: the name of the unit (hereinafter referred to as Party A)
contractor: ID card number, now live. Hereinafter referred to as Party B)
in order to strengthen the management of mountains and forests, revitalize the collective assets, and at the same time, revitalize the working capital to resolve the non-performing debts. Party a decided to contract out the mountain forest of village group after discussion and approval of the mass meeting. Party A and Party B signed the following agreement on the basis of equality and voluntariness:
I. contract scope (see the "forest ownership certificate" after signing the contract for details)
(2) the term of contract is years, i.e. from mm / DD / yyyy to mm / DD / yyyy (3) contract amount and settlement method the total amount of the year is RMB ten thousand yuan, which shall be paid in lump sum (or other payment methods) on the date of signing the contract 4. During the contract period, Party B shall have the ownership of the trees within the scope of the contract and the management autonomy of barren hills and slopes. If it is necessary to go through the relevant proceres, Party B shall go through them, otherwise, the consequences shall be borne by Party B After signing the contract, Party A shall be responsible for assisting Party B in handling the forest right certificate, and Party B shall be responsible for the cost of handling the forest right certificate 6. During the contract period, Party B may build temporary houses within the scope of the contract for the convenience of management (other matters) 8. Liability for breach of contract the contract shall have legal effect after being signed by Party A and Party B, and shall not be changed e to the change of Party A's legal representative. If either party breaches the contract for no reason, it shall pay liquidated damages of% of the total contract amount to the other party 9. If Party A continues to contract after the expiration of the contract period, Party B shall have the priority under the same conditions, and Party B shall subcontract the mountain forest within the contract period. With the consent of the employer, if Party B dies accidentally ring the contract period, its legal successor may inherit the contract within the contract period8. This is effective. If it is forcibly recovered, compensation will be paid.
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