| Notice of the People's Bank of China, the China Banking Regulatory Commission, the China Insurance Regulatory Commission, the Ministry of Finance and the Ministry of Agriculture on Issuing the Interim Measures for the Pilot Program of the Loans Secured against the Management Right of Contracted Rural Land | | 中国人民银行、中国银行业监督管理委员会、中国保险监督管理委员会、财政部、农业部关于印发《农村承包土地的经营权抵押贷款试点暂行办法》的通知 |
(No. 79 [2016] of the People's Bank of China) | | （银发〔2016〕79号） |
| In order to promote the pilot program of the loans secured against the management right of contracted rural land in a reliable and standardized manner in accordance with the law, under the spirit of the Guiding Opinions of the State Council on Conducting the Pilot Program of the Loans Secured against the Management Right of Contracted Rural Land and Farmers' Housing Property Rights (No. 45 [2015], State Council) and the Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Implementation of the Provisions of Relevant Laws Respectively in the Administrative Regions of 232 Pilot Counties (Cities and Districts) Including Daxing District of Beijing Municipality and 59 Pilot Counties (Cities and Districts) Including Ji County of Tianjin Municipality, the Interim Measures for the Pilot Program of the Loans Secured against the Management Right of Contracted Rural Land (see Annex 1) and the List of the Counties (Cities and Districts) Implementing the Pilot Program of the Loans Secured against the Management Right of Contracted Rural Land (see Annex 2) are hereby issued to you for your conscientious implementation in light of the actual circumstances. | |
为依法稳妥规范推进农村承包土地的经营权抵押贷款试点，根据《国务院关于开展农村承包土地的经营权和农民住房财产权抵押贷款试点的指导意见》（国发〔2015〕45号）和《全国人大常委会关于授权国务院在北京市大兴区等232个试点县（市、区）、天津市蓟县等59个试点县（市、区）行政区域分别暂时调整实施有关法律规定的决定》精神，现将《农村承包土地的经营权抵押贷款试点暂行办法》（附件1）和《农村承包土地的经营权抵押贷款试点县（市、区）名单》（附件2）印发给你们，请结合实际认真贯彻落实。 |
| Annexes: | | 附件： |
| 1. Interim Measures for the Pilot Program of the Loans Secured against the Management Right of Contracted Rural Land | | 1．农村承包土地的经营权抵押贷款试点暂行办法 |
| 2. List of the Counties (Cities and Districts) Implementing the Pilot Program of the Loans Secured against the Management Right of Contracted Rural Land | | 2．农村承包土地的经营权抵押贷款试点县（市、区）名单 |
| People's Bank of China | | 中国人民银行 |
| China Banking Regulatory Commission | | 银监会 |
| China Insurance Regulatory Commission | | 保监会 |
| Ministry of Finance | | 财政部 |
| Ministry of Agriculture | | 农业部 |
| March 15, 2016 | | 2016年3月15日 |
| Annex 1 | | 附件1 |
| Interim Measures for the Pilot Program of the Loans Secured against the Management Right of Contracted Rural Land | | 农村承包土地的经营权抵押贷款试点暂行办法 |
| Article 1 In order to promote the pilot program of the loans secured against the management right of contracted rural land in a reliable and standardized manner in accordance with the law, increase the effective financial support for“Agriculture, Rural Areas and Farmers,” and protect the lawful rights and interests of the parties to loans, these Measures are developed in accordance with the Guiding Opinions of the State Council on Conducting the Pilot Program of the Loans Secured against the Management Right of Contracted Rural Land and Farmers' Housing Property Rights (No. 45 [2015], State Council) and the Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Implementation of the Provisions of Relevant Laws Respectively in the Administrative Regions of 232 Pilot Counties (Cities and Districts) Including Daxing District of Beijing Municipality and 59 Pilot Counties (Cities and Districts) Including Ji County of Tianjin Municipality and other policies. | | 第一条 为依法稳妥规范推进农村承包土地的经营权抵押贷款试点，加大金融对“三农”的有效支持，保护借贷当事人合法权益，根据《国务院关于开展农村承包土地的经营权和农民住房财产权抵押贷款试点的指导意见》（国发〔2015〕45号）和《全国人民代表大会常务委员会关于授权国务院在北京市大兴区等232个试点县（市、区）、天津市蓟县等59个试点县（市、区）行政区域分别暂时调整实施有关法律规定的决定》等政策规定，制定本办法。 |
| Article 2 For the purpose of these Measures, “loans secured against the management right of contracted rural land” means the loans granted by banking financial institutions (hereinafter referred to as the “lenders”) to eligible farmer contractors or agricultural business operators, with the management right of contracted land serving as collateral and principal and interest repaid within an agreed time limit. | | 第二条 本办法所称农村承包土地的经营权抵押贷款，是指以承包土地的经营权作抵押、由银行业金融机构（以下称贷款人）向符合条件的承包方农户或农业经营主体发放的、在约定期限内还本付息的贷款。 |
| Article 3 For the purpose of these Measures, “pilot areas” means the counties (cities and districts) expressly authorized by the Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Implementation of the Provisions of Relevant Laws Respectively in the Administrative Regions of 232 Pilot Counties (Cities and Districts) Including Daxing District of Beijing Municipality and 59 Pilot Counties (Cities and Districts) Including Ji County of Tianjin Municipality to conduct the pilot program of the loans secured against the management right of contracted rural land. | | 第三条 本办法所称试点地区是指《全国人民代表大会常务委员会关于授权国务院在北京市大兴区等232个试点县（市、区）、天津市蓟县等59个试点县（市、区）行政区域分别暂时调整实施有关法律规定的决定》明确授权开展农村承包土地的经营权抵押贷款试点的县（市、区）。 |
| Article 4 The pilot program of the loans secured against the management right of contracted rural land shall adhere to not changing the nature of the public ownership of land, not breaking through the red line of cultivated land, and not damaging the interests of farmers, and not assigning scale quotas to the subordinate departments level by level. | | 第四条 农村承包土地的经营权抵押贷款试点坚持不改变土地公有制性质、不突破耕地红线、不损害农民利益、不层层下达规模指标。 |
| Article 5 All farmers and agricultural business operators that meet the conditions as prescribed in Articles 6 and 7 of these Measures, acquire the contracted management right of land by means of household-based contracting in accordance with the law, or acquire the management right of contracted land by means of legal circulation (hereinafter referred to as borrowers”) may apply to banking financial institutions for the loans secured against the management right of contracted rural land under the relevant procedures. | | 第五条 符合本办法第六条、第七条规定条件、通过家庭承包方式依法取得土地承包经营权和通过合法流转方式获得承包土地的经营权的农户及农业经营主体（以下称借款人），均可按程序向银行业金融机构申请农村承包土地的经营权抵押贷款。 |
Article 6 Where a farmer who acquires the contracted management right of land by means of household-based contracting applies for a loan by using the management right of land he acquires as collateral, he shall concurrently meet the following conditions:
．．．．．． | | 第六条 通过家庭承包方式取得土地承包经营权的农户以其获得的土地经营权作抵押申请贷款的，应同时符合以下条件：
．．．．．． |
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